Loading...
Backup Documents 03/26/2013 Item #16K 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL kK TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 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 #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sionahrTe drawn line through routing lines #I through #2_ complete the checklist. and forward to the County Attorney Office. -"-- ----- -- -'- ---- --- - -- - - - ---- -- - - -- -- - - Route to Addressees (List in routing order) Office Initials Date 1. Assistant County Attorney (Initial) Applicable) 2. 3/26/13 / Y Agenda Item Number 16K2 3. Colleen M. Greene, ACA County Attorney Office Number of Original 3 / 4. BCC Office Board of County Commissioners Documents Attached AVLV7, 5. Minutes and Records Clerk of Court's Office CMG 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 shove_ may need to contact staff for additional or missine information. Name of Primary Staff Colleen M. Greene Phone Number 252 -8400 Contact / Department Assistant County Attorney (Initial) Applicable) Agenda Date Item was Approved by the BCC 3/26/13 / Y Agenda Item Number 16K2 Type of Document Settlement Agreement and Mutual Release Number of Original 2 Attached provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. Documents Attached PO number or account N/A CMG number if document is signed by the Chairman, with the exception of most letters, must be reviewed and signed to be recorded by the Office of the County Attorney. INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Re / 24.05; Revised 11/30/12 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? CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG 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 CMG 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 CMG 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 CMG 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 CMG signature and initials are required. 7. In most cases (some contracts are an exception), the original d cument and this routing slip CMG should be provided to the County Attorney Office at the time t e item is input into SIRE. Some documents are time sensitive and require forwarding to allahassee within a certain time frame or the BCC's actions are nullified. Be aware o our deadlines! 8. The document was approved by the BCC on 3/26/13 and all changes made CMG during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the G BCC, all changes directed by the BCC have been made, and the document is ready for the / -) Chairman's signature. K✓ I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Re / 24.05; Revised 11/30/12 16K 2 MEMORANDUM Date: April 3, 2013 To: Colleen Greene, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Mediated Settlement Agreement & Mutual Release with Nyankadau Korti (Case No. 11- 3710 -CA) Attached is an original copy of the agreement referenced above, (Item #16K2) approved by the Board of County Commissioners on Tuesday, March 26, 2013. The Minutes and Record's Department will hold the second original copy in the Official Records of the Board. If you have any questions, please contact me at 252 -8406. Thank you. Attachments (4) 16K 2 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 .2cftx day of �� �� �* 2013 by and between NYANKADAU KORTI, (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 Nyankadau Korti v. Collier County, Case No.: 11- 3710 -CA, (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 Plaintiffs 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. 1 16K 2 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 Seventy Thousand Dollars and 00/100 ($70,000.00) 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, the parties, on behalf of themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly release and forever discharge each other, as well as their 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. K 16K 2 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 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, liability, 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 3 16K 2 �4 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. 11. 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. 12. This Agreement and Release shall be governed by the laws of the State of Florida. 13. Plaintiff and Plaintiff's attorney shall be solely responsible for any Medicare lien, other liens, or Medicare Set - Asides. 14. Plaintiff is responsible for any tax consequences or liabilities, if any, as a result of this Settlement Agreement. [Signature page to follow.] 2 16K 2 IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. Date: 3I D-1 I I ATTEST: DWIGHT E. BROCK, Clerk i V i _ puty Clerk on Approved es tp fot and legal sufftaienc* -' (bIIe0ejn M. Greene Assistant County Attorney STATE OF �- I O t- COUNTY OF � It') L I [ Q BOARD OF COUNTY/COMMISSIONERS OF COLLIER COU , FLORIDA M ler, Esq., Chairwoman By: �, . �Y'4NKP�DAU KORTI, PlaintiffKORTI, Plaintiff By: 0,4,4 L'() Dougla L. Wilson, Esq. Attorne for Plaintiff THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COMER COUNTY, FLORIDA WAS SWO N TO and subscribed by NYANKADAU KQ TI, ,bef¢re me �n this 1 h day of (1(c , 2013. re of Nota(rv'Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: HEATHER L. BILLY _ Notary Public - State of Florida My Comm. Expires Sep 20, 2013 Commission #� DD 926512 ME Personally Known or Produced Identification Type of Identification Produced Item # I U Y— 2 Agenda Date Date ���