Backup Documents 12/10-11/2013 Item #16K 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 %f
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO `'t
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.
Complete routing lines #I 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 aline through routing lines #1 through #2, complete the checklist, and forward to the C AttomeyOffice
Route to Addressees (List in routing order)
Office
Initials
Date
1.
-Agenda
Initial)
Applicable)
2.
12/10/137
Item Number
16-K-4 V
3. County Attorney Office
County Attorney Office
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12/10/13
4. BCC Office
Board of County
Commissioners
Sc��
j
Z
5. Minutes and Records
Clerk of Court's Office
Documents Attached
PO number or account
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 missine information.
Name of Primary Staff
Kevin Noell, ssistant County Attorney
Phone Number
252-8400
Contact / Department
-Agenda
Initial)
Applicable)
Agenda Date Item was
12/10/137
Item Number
16-K-4 V
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
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Type of Document
Settlement Agreement and Mutual Release -
Number of Original
One
Attached
Elie
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
number if document is
N/A
to be recorded
All handwritten strike -through and revisions have been initialed by the County Attorney's
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INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; 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?
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2.
Does the document need to be sent to another agency for additional signatures? If yes,
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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
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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
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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
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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
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si ature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
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should be provided to the County Attorney Office at the time the item is input into SIRE.
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 12/10/13 and all changes made during
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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
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BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
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1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
16 K4
MEMORANDUM
Date: December 16, 2013
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Mutual Release w/Elie
Attached is a certified copy as referenced above, (Agenda Item #16K14) approved by the
Board of County Commissioners on Tuesday, December 10, 2013.
An original has been kept by the Minutes and Record's Department as part of the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
16 K4
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter r�;ferre
�p �h (t
to as the "Agreement and Release") is entered into and made on this i�7: day of
k�bV 2013 by and between DARLING ELIE (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 Darling Elie, individually
and as Guardian of JADARRIEN ELIE, a minor child v. Collier County, Bernice Forester;
Freightliner, LLC, and Daimlar Chrysler Corporation, Case No. 07 -1463 -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 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 and Plaintiffs attorney agree and covenant to fully comply with
all applicable Medicare laws, liens, and Set -Asides, specifically including Section 42 USC §
1395y.
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6.
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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 Four Hundred Thousand Dollars and 00/100 ($400,000.00) and other
valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff,
Plaintiff agrees to dismiss the Lawsuit with prejudice. Settlement proceeds shall be paid within
twenty (20) days from the date the Agreement is approved by the Board of County
Commissioners.
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 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.
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16 K4
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 Plaintiffs attorney agree and covenant to fully comply with all
applicable Medicare laws, liens, and Set -Asides, specifically including but not limited to, Section
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, children, 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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16K4
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. Plaintiff hereby declares that she has consulted with and received the advice of a
competent attorney prior to executing the Release, the terms of this Release have been
completely read and is fully understood and voluntarily accepted for the purpose of making a full
and final compromise adjustment and settlement of any and all claims, disputed or otherwise, on
account of the injuries and damages above mentioned and for the express purpose of precluding
forever any further additional claims arising in any way out of the aforesaid accident and
subsequent treatment or lack thereof.
12. Plaintiff agrees to pay any and all medical bills and/or liens out of the settlement
proceeds. Plaintiff further agrees to indemnify, to save, defend, and hold harmless the Released
Party from and of any and all claims, subrogated interests, or liens of any third parties, including
but not limited to hospital and physician's liens, Medicare liens or subrogation rights, Medicaid
liens or subrogation rights, attorney's fee charging liens, any local county, city, state or federal
government liens, Internal Revenue Service liens, damages, compensation, and any and all other
subrogated interests or liens, regardless of their source. The Plaintiff acknowledges and
agrees that it is her responsibility to satisfy and hereby agrees to satisfy any of the foregoing
liens or subrogated interests from the proceeds of the aforementioned settlement amount.
Page 4 of 6
16 K4
13. Plaintiff warrants that no promise, inducement, or agreement not herein expressed
has been made to the undersigned and that this Release contains the entire Release between the
parties hereto. This Release is executed without reliance upon any statement of representation
by the person or parties released or their representatives or physicians concerning the nature and
extent of the injuries and damage and liability thereof, that the undersigned is of legal age,
legally competent to execute this Release, and accepts full responsibility therefore.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
Date: J 1 �-7 �u3
r
ATTEST BOARD COUNT COMMISSIONERS
D(I'I > "SOCK, Clerk F b IER OUNTY, FLORIDA
_ By:
AtteSt> Georgia A. Hiller, Esq.
Sl j118tlICls �I: C irwoman
Approved as to form and By: OU
legality: Darlin lie, PI • ' ifi
BY
Kevin L. Noell Scott W. Leeds, Esq.
Assistant County Attorney Attorney for Plaintiff
STATE OF
COUNTY OF
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1--6.K-q
item #
Agenda Z) �p 13
Date
Date
1-3Recd ��s
16 K4
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF
AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by DARLING
ELIE, before me on this day of (JV, , 2013.
Signature of Notary Public
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
07-1463-CA/4901
Personally Known
or
Produced Identification
R —
Type of Identification Produced
KEANE LITS
on Polk - Sft of Pawa
' ^ Comm. ENON May 8, 2017
''•.;nor. Commission #F Pf 16381
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