Agenda 09/22/2015 Item #16K5 9/22/2015 16.K.5.
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement in the sum of$55,000 and direct the
County Attorney to file all documents necessary to end with prejudice the lawsuit styled
Cheryl Wilson-Watson v. Collier County Board of County Commissioners, Case No. 2:14-
cv-749-FtM-29CM now pending in the United States District Court, Middle District of
Florida Fort Myers Division. (Fiscal Impact: $55,000).
OBJECTIVE: To end a federal discrimination lawsuit now pending in the Federal Court House
in Fort Myers.
CONSIDERATIONS: The Plaintiff, Cheryl Wilson-Watson, is a former Collier County
Emergency Medical Technician (EMT). Ms. Wilson-Watson was separated from County service
in March 2011 in compliance with County policy. Ms. Wilson-Watson alleges that the County
discriminated against her based on her gender, age, and alleged disability. The County filed an
Answer and Affirmative Defenses denying Ms. Wilson-Watson's allegations in their entirety.
With this settlement agreement, neither party admits any liability or fault.
The parties attended Court Ordered Mediation on September 4, 2015. The parties agreed to
settle all claims for $55,000 subject to Board approval. If agreed to by the Board, no other costs
or fees would be due, as plaintiffs attorney's fees would be paid out of this settlement sum.
The County Attorney and Risk Management Director recommend that the Board accept this
settlement for the following reasons:
1. This case would be referred to outside counsel to try this case in federal court, and the
attorney's fees would start at approximately $75,000 and may reach as high as
$100,000.00
2. If the County does not prevail, then in addition to the $75,000-$100,000 in legal fees we
expect to incur, the County would be responsible under Federal law for plaintiffs legal
fees, plus whatever damages may be awarded by the jury.
FISCAL IMPACT: Funds in the amount of$55,000 will come out of Fund 516, Property and
Casualty Insurance.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approves the attached Settlement Agreement in the
total sum of$55.000 and directs the County Attorney to file all documents necessary to end with
prejudice the lawsuit referred to above. The County Attorney requests that if any Commissioner
wishes to discuss this item, that the item be continued to allow the County Attorney to conduct a
Shade Session for the following Board meeting.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
Packet Page -2282-
9/22/2015 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.5.
Item Summary: Recommendation to approve a Settlement Agreement in the sum of
$55,000 and direct the County Attorney to file all documents necessary to end with prejudice
the lawsuit styled Cheryl Wilson-Watson v. Collier County Board of County Commissioners, Case
No. 2:14-cv-749-FtM-29CM now pending in the United States District Court, Middle District of
Florida Fort Myers Division. (Fiscal Impact: $55,000).
Meeting Date: 9/22/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
9/11/2015 10:21:55 AM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: GreeneColleen
9/11/2015 10:21:56 AM
Approved By
Name: WalkerJeff
Title: Division Director-Risk Management. Administrative Services Department
Date: 9/11/2015 10:45:07 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 9/11/2015 4:00:32 PM
Name: KlatzkowJeff
Title: County Attorney.
Date: 9/11/2015 4:50:22 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc. Office of Management&Budget
Packet Page -2283-
9/22/2015 16.K.5.
Date: 9/14/2015 8:51:57 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/14/2015 1:03:00 PM
•
Packet Page -2284-
•
9/22/2015 16.K.5.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement and Release") is entered into and made on this day of September,
2015 by and between CHERYL WILSON-WATSON, (hereinafter referred to as "Plaintiff') and
BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY (hereinafter referred to
as the "County").
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the United States District
Court, Middle District, Case No.: 2:14-cv-749-FtM, (hereinafter referred to as the "Lawsuit");
and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any
way, whether directly or indirectly, known or unknown, to the incidents described or allegations
made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so
that it shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs and affiliates; and
WHEREAS, Plaintiff and Plaintiff's attorney agree and covenant to fully comply with
all applicable Medicare laws, liens, and Set-Asides, specifically including Section 42 USC §
1395y; and
WHEREAS, Plaintiff agrees to be responsible for any tax consequences or liabilities, if
any, as a result of this Settlement Agreement.
Page 1 of 5
Packet Page -2285-
•
9/22/2015 16.K.5.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally bound,
Plaintiff and the County agree as follows:
1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses",by reference into this Agreement and Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any wa whether dir.egtly or indirectly, to the Lawsuit, and for and in
c� ,,� Z �Fy -ft ve 4es �Do��tr�
onsideration of the sum of and 00/100 ($4619.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agrees to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of
themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns,
hereby expressly releases and forever discharges the County, as well as its elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns,
insurers and affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that they have
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way,
whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or
made in the Complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement and Release, Plaintiff and the County agree that either of them (as well as any other
Page 2 of 5
Packet Page -2286-
9/22/2015 16.K.5.
persons or entities intended to be bound) shall, in the event of any breach, retain the right to
enforce the terms and conditions of this Agreement and Release.
5. Plaintiff and Plaintiff's attorney agree and covenant to fully comply with all
applicable Medicare laws, liens, and Set-Asides, specifically including Section 42 USC § 1395y.
6. Plaintiff and County mutually agree that this Settlement is for compensatory(non-
wage related) damages only, as the Parties agree that there are no lost wages associated with
Plaintiffs claims.
7. Plaintiff and the County acknowledge and agree that this Agreement and Release
is intended to and shall be binding upon their respective owners, principals, officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,
spouses,heirs, and affiliates.
8. Plaintiff and the County recognize and acknowledge that this Agreement and
Release memorializes and states a settlement of disputed claims and nothing in this Agreement
and Release shall be construed to be an admission of any kind, whether of fault, Iiability, or of a
particular policy or procedure, on the part of either Plaintiff or the County.
9. Plaintiff and the County acknowledge and agree that this Agreement and Release
is the product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement and Release is to be construed against any party based upon a claim that the party
drafted the ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
10. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as
this Agreement and Release.
Page 3 of 5
Packet Page -2287-
9/22/2015 16.K.5.
STATE OF Fton;01-a-
f,COUNTY OF i l e
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORI WAS SWORN TO and subscribed by CHERYL WILSON-
W• SON,before me on this LtL day of September,2015.
—a-11!: 1 Personally Known
Signature off. Public I or
Produced Identification
P/vrdcLJJ�r Uf rS �t C � 'L
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
HEATHER Buy i
,.; ,•, :.= MY COMMISSION i FF046985 ;
EXPIRES:September 20,2017 s
"rnati.V Bonded Thai ti3karyPubfcUndenrilas
C
Page 5 of 5
Packet Page -2288-