Agenda 03/26/2013 Item #16K13/26/2013 16. K.1.
EXECUTIVE SAY
Recommendation to approve and authorize the Chairwoman to execute a Settlement
Agreement and Release prior to trial in the lawsuit entitled John W. Staley and Elizabeth E.
Staley v Board of County Commissioners, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida (Case No. 11-2962-CA) for the sum of $20,000.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by John W.
Staley and Elizabeth E. Staley, against the Board of County Commissioners, for the sum of
$20,000.00 and authorize the Chairwoman to execute the Settlement Agreement and Release.
CONSIDERATIONS: On November 15, 2008, a Collier County vehicle struck the plaintiff's
vehicle at U.S. 41 North in Collier County. Plaintiffs were transported to the hospital. Plaintiff,
John W. Staley ultimately underwent physical therapy and received a 5 % whole person
impairment based on cervical/thoracic/lumbar strains and injuries. His medical bills total
$8,012.81. The second Plaintiff, Elizabeth E. Staley, also underwent physical therapy and was
given a 10% whole person impairment based on cervical/thoracic/lumbar sprain/strain and
injuries. Her medical bills total $14,721.05
Liability for the accident is clear against the County and the central issue for the jury
determination would be the amount of damages. Through trial, the County would need to
proceed through mediation, retain a medical expert, conduct additional depositions, order
transcripts, and depose the Plaintiffs' treating medical providers. Estimated cost would be
approximately $15,000.00. At trial, Plaintiffs' attorney would blackboard a total of
approximately $23,000.00 in medical bills to the jury.
The County, through the County Attorney's Office and the Risk Management Department,
negotiated a settlement in this case for a total sum of $20,000.00, contingent on the Board of
County Commissioners approval of the same.
FISCAL HKPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund and the total impact will be $20,000.00.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement
with the Risk Management Department and recommends that the Board of County
Commissioners approve this Settlement Agreement. This settlement is based on both the
exposure to the County and the costs associated with taking this case to trial. This item is legally
sufficient for Board action and requires a majority vote for approval. — KLN
RECOMMENDATION: For the Board of County Commissioners to accept the settlement in
the lawsuit filed against the Board of County Commissioners by John W. Staley and Elizabeth E.
Staley in the Twentieth Judicial Circuit Court for the total sum of $20,000.00 and authorize the
Chairwoman to execute the Settlement Agreement and Release.
Prepared by: Kevin L. Noell, Assistant County Attorney
11- 2962- CA/5663
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3/26/2013 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve and authorize the Chairwoman to execute a
Settlement Agreement and Release prior to trial in the lawsuit entitled John W. Staley and
Elizabeth E. Staley v. Board of County Commissioners, filed in the Twentieth Judicial Circuit in
and for Collier County, Florida (Case No. 11- 2962 -CA) for the sum of $20,000.
Meeting Date: 3/26/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/11/2013 8:41:52 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 3/11/2013 9:03:10 AM
Name: NoellKevin
Date: 3/11/2013 11:12:35 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/11/2013 11:57:22 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/13/2013 8:22:53 AM
Name: OchsLeo
Title: County Manager
Date: 3/13/2013 3:03:48 PM
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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 , 2013 by and between ELIZABETH E. STALEY,
(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 Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled John W. Staley
and Elizabeth E. Staley v. Board of County Commissioners of Collier County, Florida,
Case No. 11- 2962 -CA (hereinafter referred to as the "Lawsuit "); and
WHEREAS, Plaintiff and the County, without either party admitting any liability
or fault, desires to settle the Lawsuit and any and all disputes that arise from, relate or
refer in any way, whether directly or iindirectly, 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 her settlement to a
writing so that it shall be binding upon her as well as her respective owners, principals,
elected officials, officers, employees, ex- employees, agents, attorneys, representatives,
insurers, spouses, successors, assigns, heirs and affiliates.
WHEREAS, Plaintiff agrees and covenants to fully comply with all applicable
Medicare laws and liens specifically including 42 USC § 1395y.
1 (9
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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 way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Ten Thousand Dollars and 00/100 ($10,000.00) 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 herself, her 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 she has 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.
2
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4. Notwithstanding anything that may be to the contrary in Paragraph 3 of I.—N
this Agreement and Release, Plaintiff and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the eight to enforce the terms and conditions of this Agreement and Release.
5. Plaintiff agrees and covenants to fully comply with all applicable Medicare
laws and liens specifically including 42 USC § 1395y.
6. 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.
7. 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, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
8. 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.
9. 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.
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10. In the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
11. This Agreement and Release shall be governed by the laws of the State of
Florida.
12. Plaintiff and Plaintiffs attorney shall be solely responsible for any
Medicare lien or other liens.
13. The document titled "Addendum to Settlement Agreement and Mutual
Release" attached as Exhibit "I" is incorporated into this Agreement by reference,
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
Kevin L. Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., Chairwoman
By:
ELIZABETH E. STALEY, Plaintiff
M-
David McElrath, Esq.
Attorney for Plaintiff
4
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STATE OF
COUNTY OF
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by ELIZABETH E.
STALEY, before me on this day of , 2013.
Signature of Notary Public
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
11- 2962- GAi5370
Personally Known
or
Produced Identification
Type of Identification Produced
5
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ADDENDUM TO SETTLEMENT
AGREEMENT AND MUTUAL RELEASE
Representations With Regard to Medicare's Interests
Releasor hereby warrants and represents that she presently is not, nor has ever been enrolled in
Medicare Part A or Part B. Further, she has no claims for Social Security Disability benefits nor is she
appealing or re-filing for Social Security Disability benefits.
Medicare's Interests
In reaching agreement on the terms of this Release, the parties acknowledge Releasor's possible
entitlement to Social Security disability benefits pursuant to 42 U.S.C. § 423, and receipt of Medicare
or Medicaid benefits under 42 U.S.0 § 1395y, as well as the entitlement of the Centers for Medicare
and Medicaid Services ("CMS") to subrogation and intervention, pursuant to 42 U.S.C. § 1395y(b) (2)
to recover any overpayment made by CMS. The parties to this Release agree that this Release is not
intended to shift to CMS the responsibility for payment of medical expenses for the treatment of
injury related conditions. The parties agree that this settlement is intended to provide ReJeasor a
lump sum and/or future periodic payment which will foreclose Releasee's responsibility for future
payment of all injury related medical expenses.
Non-reimbursabie Expenses (where there is an MSA or other future medical expense
consideration)
The parties to this Release understand that many common medical expenses are not payable or
reimbursable under the Medicare program. These medical expenses, not covered by Medicare but
necessary in the ongoing treatment of the Releasor's injuries, and without an admission of liability on
the part of the Releasee, have been taken into consideration in the calculation and settlement of
Releasor's future medical expenses. Funds for these non-Medicare covered medical expenses have
been included in the lump sum settlement amount and shall not be paid from any Medicare
allocation amount.
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Benefit Eligibility
Releasor acknowledges that any decision regarding entitlement to Social Security benefits or
Medicare or Medicaid benefits, including the amount and duration of payments and offset
reimbursement for prior payments is exclusively within the jurisdiction of the Social Security
Administration, the United States Government, and the U.S. Federal Courts, and is determined by
Federal law and regulations. As such, the United States Government is not bound by any of the
terms of this Release.
Future Benefits
Releasor has been apprised of his /her right to seek assistance from legal counsel of his /her choosing
or directly from the Social Security Administration or other government agencies regarding the
impact this Release may have on Releasor's current or future entitlement to Social Security or other
governmental benefits. Releasor acknowledges that acceptance of these settlement funds may
affect Releasor's rights to other governmental benefits, insurance benefits, disability benefits, or
pension benefits. Notwithstanding this possibility, Releasor desires to enter into this Release
agreement to settle his /her injury claim according to the terms set forth in this Release.
Medicare Recovery Action
Releasor agrees to hold harmless, indemnify and defend Releasee from any cause of action,
including, but not limited to, an action by CMS to recover or recoup Medicare benefits or loss of
Medicare benefits, if CMS determines that the money set -aside has been spent inappropriately or
for any recovery sought by Medicare, including past, present, and future and /or conditional
payments. Releasor agrees not to use designated Medicare allocation funds to pay claims for
conditional payments that may have been made by Medicare.
380652.1
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10011.1
3/26/2013 16. K.1.
Complete Understanding
Releasor hereby declares that the terms of this Release have been completely read and are fully
understood and voluntarily accepted for the purpose of making a full and final settlement of any
and all claims, disputed or otherwise, on account of injuries and/or damages related to the Claims
set forth herein, and for the express purpose of precluding forever any further additional claims
against the Releasee arising out of the aforesaid incident, accident or occurrence.
As to the releaser only:
Releasor Nome
Elizabeth E. Staley
STATE OF
COUNTY OF
Dole
THIS ADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN PLAINTIFF AND COLLIER
COUNTY, FLORIDA WAS SWORN TO and subscribed ELIZABETH E. STALEY, before me on this
day of 2013.
Personally Known
Signature of Notary Public or
Produced Identification
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
380652.1
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As to the releasee only:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Releasee Date
Georgia A. Hiller, Esq., Chairwoman
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
KEVIN L. NOELL
Assistant County Attorney
EXHIBIT "11"
11-2962-CA/5371
4
380652.1 Packet Page -1132-
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3/26/2013 16. K.1.
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 1 2013 by and between JOHN W. STALEY,
(hereinafter referred to as "Plaintiff") and Board of County Commissioners for Collier
County (hereinafter referred to as the "County").
W I T N E S S E T H:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled John W. Staley
and Elizabeth E. Staley v. Board of County Commissioners of Collier County, Florida,
Case No. I 1- 2962 -CA (hereinafter referred to as the "Lawsuit "); and
WHEREAS, Plaintiff and the County, without either party admitting any liability
or fault, desires 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 his settlement to a writing
so that it shall be binding upon him as well as his respective owners, principals, elected
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurers, spouses, successors, assigns, heirs and affiliates.
WHEREAS, Plaintiff agrees and covenants to fully comply with all applicable
Medicare laws and liens specifically including 42 USC § 1395y.
I
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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 anyway, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Ten Thousand Dollars and 00/100 ($10,000.00) 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 himself, his 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 he has 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.
N
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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 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 agrees and covenants to fully comply with all applicable Medicare
laws and liens specifically including 42 USC § 1395y.
6. 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.
7. 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, liability, or of a particular policy or procedure, on the part of either Plaintiff or the
County.
8. 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.
9. 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.
3
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3/26/2013 16. K.1.
10. in the event of an alleged breach of this Agreement and Release, Plaintiff
and the County agree that all underlying causes of action or claims of Plaintiff have
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiff and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
11. This Agreement and Release shall be governed by the laws of the State of
Florida.
12. Plaintiff and Plaintiffs attorney shall be solely responsible for any
Medicare lien or other liens.
13. The document titled "Addendum to Settlement Agreement and Mutual
Release" attached as Exhibit "1" is incorporated into this Agreement by reference.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and
legal sufficiency:
Kevin L. Noell
Assistant County Attorney
c
GEORGIA A. HILLER, ESQ., Chairwoman
By:
JOHN W. STALEY, Plaintiff
David McElrath, Esq.
Attorney for Plaintiff
rd
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STATE OF
COUNTY OF
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by JOHN W.
STALEY, before me on this
Signature of Notary Public
day of 2013.
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
11-2962-CA/5365
Personally Known
or
Produced Identification
Type of Identification Produced
5
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ADDENDUM TO SETTLEMENT
AGREEMENT AND MUTUAL RELEASE
Representations With Regard to Medicare's Interests
Releasor hereby warrants and represents that he presently is not, nor has ever been enrolled in
Medicare Part A or Part 6. Further, he has no claims for Social Security Disability benefits nor is he
appealing or re- filing for Social Security Disability benefits.
Medicare's Interests
In reaching agreement on the terms of this Release, the parties acknowledge Releasor's possible
entitlement to Social Security disability benefits pursuant to 42 U.S.C. § 423, and receipt of Medicare
or Medicaid benefits under 42 U.S.0 § 1395y, as well as the entitlement of the Centers for Medicare
and Medicaid Services ( "CMS ") to subrogation and intervention, pursuant to 42 U.S.C. 31395y(b) (2)
to recover any overpayment made by CMS. The parties to this Release agree that this Release is not
intended to shift to CMS the responsibility for payment of medical expenses for the treatment of
injury related conditions. The parties agree that this settlement is intended to provide Releasor a
lump sum and /or future periodic payment which vvill foreclose Releasee's responsibility for future
payment of all injury related medical expenses.
Non- reimbursable Expenses (where there is an MSA or other future medical expense
consideration)
The parties to this Release understand that many common medical expenses are not payable or
reimbursable under the Medicare program. These medical expenses, not covered by Medicare but
necessary in the ongoing treatment of the Releasor's injuries, and without an admission of liability on
the part of the Reieasee, have been taken into consideration in the calculation and settlement of
Releaser's future medical expenses. Funds for these non- Medicare covered medical expenses have
been included in the lump sum settlement amount and shall not be paid from any Medicare
allocation amount.
n
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Benefit EligibilIfty
Releasor acknowledges that any decision regarding entitlement to Social Security benefits or
Medicare or Medicaid benefits, including the amount and duration of payments and -offset
reimbursement for prior payments is exclusively within the jurisdiction of the Social Security
Administration, the United States Government, and the U.S. Federal Courts, and is determined by
Federal low and regulations. As such, the United States Government is not bound by any of the
terms of this Release.
Future Benefits
Releasor has been apprised of his/her fight to seek assistance from legal counsel of his/her choosing
or directly from the Social Security Administration or other government agencies regarding the
impact this Release may have on Releasor's current or future entitlement to Social Security or other
governmental benefits. Releasor acknowledges that acceptance of these settlement funds may
affect Releasor's rights to other governmental benefits, insurance benefits, disability benefits, or
pension benefits. Notwithstanding this possibility, Releasor desires to enter into this Release
agreement to settle his/her injury claim according to the terms set forth in this Release.
Medicare Recovery Action
Releasor agrees to hold harmless, indemnity and defend Reieasee from any cause of action,
including, but not limited to, an action by CMS to recover or recoup Medicare benefits or loss of
Medicare benefits, if CMS determines that the money set-aside has been spent inappropriately or
for any recovery sought by Medicare, including past, present, and future and/or conditional
payments. Releasor agrees not to use designated Medicare allocation funds to pay claims for
conditional payments that may have been made by Medicare.
380652.1
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Complete Understanding
Releasor hereby declares that the terms of this Release have been completely read and are fully
understood and voluntarily accepted for the purpose of making a full and final settlement of any
and all claims, disputed or otherwise, on account of injuries and /or damages related to the Claims
set forth herein, and for the express purpose of precluding forever any further additional claims
against the Releasee arising out of the aforesaid incident, accident or occurrence.
As to the releaser only:
Releasor Name
John W. Staley
STATE OF
COUNTY OF
F0 =*-
THIS ADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN PLAINTIFF AND COLLIER
COUNTY, FLORIDA WAS SWORN TO and subscribed JOHN W. STALEY, before me on this day of
2013.
Signature of Notary Public
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
380652.1
Personally Known
or
Produced Identification
Type of Identification Produced
3
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As to the releasee only:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Releasee Date
Georgia A. Hiller, Esq., Chairwoman
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
J
KEVIN L. NOELL
Assistant County Attorney
EMBIT "11"
11-2962-CA/5366
4
380652.1
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