Backup Documents 03/27/2018 Item #16E 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP E 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KLN 4/10/18
4. BCC Office Board of County s b
Commissioners V•47.5/ \xc,\\%
5. Minutes and Records Clerk of Court's Office 411 ' ,/�D e`11
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A. Walker,Risk Management Phone Number 252-8906
Contact/Department
Agenda Date Item was 3/27/18 V Agenda Item Number 16-E-2
Approved by the BCC
Type of Document Settlement Agreement and Release-Smith Number of Original One
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST r"
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature KLN
2. Does the document need to be sent to another agency for additional signatures? If yes, KLN
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KLN
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's KLN
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KLN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KLN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KLN
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee
within a certain time frame or the BCC's actions are nullified. Be aware of your
deadlines!
8. The document was approved by the BCC on 3/27/18 and all changes made during the KLN N/A is not
meeting have been incorporated in the attached document. The County Attor i • '. an option for
Office has reviewed the changes,if applicable. 1""S °'s line.
9. Initials of attorney verifying that the attached document is the version appro -d by the K /A's not
BCC,all changes directed by the BCC have been made,and the document is ead they�- o, ion for
Chairman's signature. .V 1 1pisrvc
[04-COA-01081/1344830/1]1:Forms!County Forms!BCC Forms/Original Documents Routing Slip WWS Original 9.0 .s , '-•se' 1.26.05,Revised 2.24.05;
Revised 11/30/12
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MEMORANDUM
Date: April 12, 2018
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
Cc: Jeffrey A. Walker, Division Director
Risk Management
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement— Terrence & Ginny Smith
Attached is a scanned copy of the original document referenced above, (Item #16E2)
approved by the Board of County Commissioners on Tuesday, March 27, 2018.
The original document will be kept in the Minutes & Records Department as part
of the Board's Official Record.
If you require a certified copy of this document let me know at
art aver ara,rvcollierc er .com and let me know if you will be pickup up or
want it delivered via interoffice mail.
If you have any questions, please contact me at 252-7240.
Thank you.
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SETTLEMENT AGREEMENT
This Settlement Agreement(hereinafter referred to as the "Agreement") is entered into and made
on this 2:-HATh day of ,cA....-„ 2018, by and between Terrence P. Smith and Ginny L.
Smith, (hereinafter referred to as "Claimants") and Collier County Board of County
Commissioners (hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, Claimants placed the County on Notice of Claim on September 29, 2017
(hereinafter referred to as "Notice" and incorporated to and attached to this Agreement as exhibit
"A")regarding a sewage back-up into their residence at 2801 Olde Cypress Dr.,Naples,FL 34119
on September 17, 2017; and the parties hereto have agreed that it is in their respective mutual
interests to resolve the dispute in lieu of incurring the time and cost of expensive and uncertainty
of litigation; and
WHEREAS, Claimants and the County desires to settle any and all disputes and claims
for any type of damages or injuries whatsoever that arise out of, from, or relate to or refer in any
way, whether directly or indirectly, now known or unknown, to the sewage back-up incident that
occurred on or around September 17, 2017 at their residence and the parties wish to walk away
from one another without any further right, duty, or obligation between them,
WHEREAS, Claimants and the County desire to reduce the settlement to writing so that
it shall be binding upon both parties, the parties' respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns,heirs, creditors and affiliates and any other person or entity claiming, under or
through,the parties.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Claimants and
the County agree as follows:
1. Claimants and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", and the Notice, attached to this Agreement as Exhibit
A, by reference into this Agreement.
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 Notice, and for and in
consideration of the sum of One Hundred Sixty Thousand and 00/100 ($1601000.00)
and other valuable consideration, the receipt and adequacy of which is hereby
acknowledged by Claimants.
3. Except for the obligations of this Agreement, which are not hereby released and which
shall survive the execution hereof, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, Claimants on behalf of herself
and himself, both individually and collectively, and their respective individual and/or
collective agents, representatives, insurers, heirs, successors and assigns, hereby remise,
release, acquit, waive, satisfy and forever discharge the County, as well as its elected
officials, officers, directors, managers, members, employees, ex-employees, agents,
servants, attorneys, representatives, successors, assigns, insurers, spouses, contractors,
subcontractors and affiliates from any and all claims, demands, causes of actions,
damages, costs, liens, attorney's fees, expenses, property damage, medical bills, personal
injury claims, subrogation claims, and any other claim whatsoever, demands or
obligations of any kind or nature whatsoever, that Claimants have asserted or could have
16E 2
asserted that arise from or relate or refer in any way, whether directly or indirectly, now
known or unknown, to the sewage back up incident that occurred on-or-around.September
17, 2017 into their residence.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement,
Claimants 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 only the right to
enforce the terms and conditions of this Agreement.
5. Claimants and the County acknowledge and agree that this Agreement 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, creditors and affiliates.
6. Claimants and the County recognize and acknowledge that this Agreement memorializes
and states a settlement of disputed claims and nothing in this Agreement 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 Claimants or the County.
7. Claimants and the County Acknowledge and agree that this Agreement is the product of
mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party dragged
the ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
8. This Agreement sets forth the entire understanding of the parties and no verbal or written
warranties or representations have been made or have been relied upon which do not
appear in writing within this Agreement. Any reliance on verbal or other representations
16E 2
which do not appear within this Agreement shall be deemed unjustifiable reliance. Each
party hereto is represented by that party's own counsel, or if not represented has had the
opportunity to confer with counsel of their own choosing, and has had the benefit, or the
opportunity to have the benefit of, such counsel's advice in reviewing, advising,
commenting upon,and modifying this Agreement and the resolution of the subject claim.
9. This Agreement may be amended only by a written instrument specifically referring to
this Agreement and executed with the same formalities as this Agreement.
10. In the event of an alleged breach of this Agreement, Claimants and the County agree that
all underlying causes of actions or claims of Claimants have been extinguished by the
Agreement and that the sole remedy for breach of this Agreement shall be for specific
performance of its terms and conditions or any damages arising from the breach. In this
regard, Claimants 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 shall be governed by the laws of the State of Florida.
12. Claimants shall be solely responsible for payment and satisfaction of any and all liens,
medical bills, subrogated interests, or any other expense, debt, third party payment, or
loss arising out of, or anyway connected to, injuries and/or damages suffered from the
incident described in the Notice and shall defend the County against any and all third
party claims, including but not limited, to claims for subrogation against the County and
indemnify the County against any all third party claims, including but not limited to,
claims for subrogation.
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13.Any and all other provisions of this Agreement to the contrary notwithstanding, this
Agreement is expressly subject to and conditioned upon its being approved by the Board
of County Commissioners of Collier County, Florida as a duly noticed board meeting
within the next thirty (30)days. If so approved, this Agreement shall be in full force and
effect in accordance with the terms hereof. If not so approved, this this Agreement shall
be null and void and of no force whatsoever.
IN WITNESS WHEREOF, Claimants and the County have signed and sealed this Agreement
and Release as set forth below.
AS TO COUNTY:
ATTEST:
BOARD OF CO NTY COMMISSIONERS
DWIGHT"E`BROCK,Clerk OF C• 1E' COUNTY 0 RIDA
r/.
/ •
By lit _ � r��► By:
Attest as to Chain s �.A ANDY SOLIS, Chairman
signature only.
Approved as to form and leg.
Kevin L.Noell
Assistant County Attorney
AS TO CLAIMANTS:
)!ALLA i'vUICk}
Terrence P. Smith Ginny L. Sitith
STATE OF FLORIDA COUNTY OF COLLIER
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared _, known to me to be
the person(s) described in and who executed the foregoing instrument and they acknowledged
before me that they executed same.
WITNESS my hand and official seal in the County and State last aforesaid this ``
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16E 2
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Thursday, April 12, 2018 10:33 AM
To: Martha S. Vergara
Cc: NoellKevin; VillarrealRosa
Subject: FW: Smiths' settlement agreement (Item 16-E-2) 3-27-18 BCC Meeting
Martha:
See Kevin's explanation below.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Honda Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
From: NoellKevin
Sent:Thursday, April 12, 2018 10:31 AM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Subject:Smiths' settlement agreement
Dinny,
In regards to "Exhibit A" not being attached to the settlement agreement it is of no consequence because we decided to
specifically state what was contained in Exhibit A, within the settlement agreement itself, .i.e. the allegations and the
cause of action they allege against the County. Since we did it that way, there was no need to have exhibit A
incorporated by reference since it is sufficiently stated within the settlement agreement itself and that part could have
just been deleted since it was of no consequence.
Kevin L. Noell
Assistant County Attorney
Collier County Attorney's Office
239.252.8424
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
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16E 2
Martha S. Vergara
From: VillarrealRosa <Rosa.Villarreal@colliercountyfl.gov>
Sent: Thursday,April 12, 2018 10:31 AM
To: Martha S.Vergara; NeetVirginia
Cc: NoellKevin
Subject: RE:Agenda Item 16E2 from the 3/27/18 BCC Mtg. (Settlement Agreement & Release -
Smith)
Hello Martha:
Please proceed with the processing of the document as is. Spoke to Kevin who stated that the
agreement did not need to be an original.
Respectfully,
Rosa E. Villarreal
Co ler COMItY
Legal Assistant to Kevin L. Noell, Esquire
Collier County Attorney's Office
3299 East Tamiami Trail-Suite 800
Naples, FL 34112
T- (239) 252-8821
F- (239) 252-6300
Rosa.Villarreal@colliercountyfl.gov
Note: email address has changed
This E-mail/message is prepared and forwarded in anticipation of, in contemplation of, and/or in preparation for litigation, and is
work product of this office,reflects a mental impression,conclusion,litigation strategy,or legal theory of the attorney,attorney's
agent,or agency,and is exempt from disclosure as a Public Record pursuant to Section 119.071(d)(1),Florida Statutes.
From: NeetVirginia
Sent:Thursday, April 12, 2018 9:33 AM
To:VillarrealRosa <Rosa.Villarreal@colliercountyfl.gov>; NoellKevin <Kevin.Noell@colliercountyfl.gov>
Subject: FW:Agenda Item 16E2 from the 3/27/18 BCC Mtg. (Settlement Agreement & Release -Smith)
See below.
From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent:Thursday, April 12, 2018 9:31 AM
1
16E 2
To: NeetVirginia<Virginia.Neet@colliercountyfl.gov>
Subject: FW:Agenda Item 16E2 from the 3/27/18 BCC Mtg. (Settlement Agreement & Release -Smith)
This one too.. Sorry Dinny!!
Martha
From: Martha S.Vergara
Sent: Wednesday,April 11, 2018 12:04 PM
To: Walker,Jeff<JeffWalker@colliergov.net>; Noell, Kevin <KevinNoell@colliergov.net>
Subject:Agenda Item 16E2 from the 3/27/18 BCC Mtg. (Settlement Agreement& Release -Smith)
Morning Kevin & Jeff,
The Settlement Agreement in the 1st WHEREAS says there is an exhibit "A".
In the document I received there is nothing attached.
Can I get an e-mailed copy of the exhibit?
Also, can I get the original of this Settlement Agreement.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
Please visit us on the web at www.collierclerk.com
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Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeski@collierclerk.corn quoting
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Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
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