Backup Documents 01/24/2012 Item #16K 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6K4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 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 #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
Agenda Date Item was
January 24, 2012
Agenda Item Number
16 -K -4
2.
Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the
CMG
3
Settlement Agreement and Mutual Release
Number of Original
3
4. Colleen M. Greene, ACA
County Attorney
Documents Attached
01/24'/12
5. Ian Mitchell, BCC Executive Manager
Board of County Commissioners
I
6. Minutes and Records
Clerk of Court's Office
(f
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Colleen M. Greene, ACA
Phone Number
252 -8400
Agenda Date Item was
January 24, 2012
Agenda Item Number
16 -K -4
Approved by the BCC
Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the
CMG
Type of Document
Settlement Agreement and Mutual Release
Number of Original
3
Attached
(Benes)
Documents Attached
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
umatter _number ))/ ((document_ number))
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate.
Yes
N/A (Not
(Initial )
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the
CMG
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's Office and
N/A
all other parties except the BCC Chairman and the Clerk to the Board
1
The Chairman's signature line date has been entered as the date of BCC approval of the document or
CMG
the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
CMG
initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip should be
N/A
provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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!
6.
The document was approved by the BCC on 01/24/12 and all changes made during the meeting
CMG
have been incorporated in the attached document. The County Attorney's Office has reviewed
ph
the changes, if applicable.
7
Please return two executed originals to Colleen M. Greene, ACA
CMG
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
umatter _number ))/ ((document_ number))
MEMORANDUM
Date: January 27, 2012
To: Colleen Greene
County Attorney's Office
From: Teresa L. Polaski, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement and Mutual Release - Benes
16K 4
Enclosed please find two (2) originals referenced above (Agenda Item #16K4),
which was approved by the Board of County Commissioners on Tuesday, January
24, 2012.
The Minutes & Records Department has retained an original, which will be kept
as part of the Board's Official Records.
If you have any questions, please call me at 252 -8411.
Thank you
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 January, 2012 by and between MAUREEN BENES and LADDIE C.
BENES, (hereinafter referred to as "Plaintiffs ") and Board of County Commissioners for
Collier County (hereinafter referred to as the "County ")
WITNESSETH:
WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Maureen Benes
and Laddie C. Benes v. Collier County, Florida, Case No. 11- 1879 -CA (hereinafter
referred to as the "Lawsuit "); and
WHEREAS, Plaintiffs 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, Plaintiffs 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.
WHEREAS, Plaintiffs and Plaintiffs' attorney agree and covenant to fully
comply with all applicable Medicare laws, liens, and Set - Asides, specifically including
Section 42 USC § 1395y.
16K 4 .
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, Plaintiffs and the County agree as follows:
1. Plaintiffs 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 Fifteen Thousand Dollars and 00/100 ($15,000.00) and
other valuable consideration, the receipt and adequacy of which is hereby
acknowledged by Plaintiffs, Plaintiffs agree 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,
Plaintiffs, 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.
2
16K4
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiffs 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. Plaintiffs and Plaintiffs' attorney agree and covenant to fully comply with all
applicable Medicare laws, liens, and Set - Asides, specifically including Section 42 USC
§ 1395y.
6. Plaintiffs 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. Plaintiffs 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 Plaintiffs or
the County.
8. Plaintiffs 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.
3
16K4
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.
10. In the event of an alleged breach of this Agreement and Release, Plaintiffs
and the County agree that all underlying causes of action or claims of Plaintiffs 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, Plaintiffs 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. Plaintiffs and Plaintiffs' attorney shall be solely responsible for any
Medicare lien, other liens, or Medicare Set - Asides.
[Signature page to follow.]
M
16K 4
IN WITNESS WHEREOF, Plaintiffs, and the County have signed and sealed
this Agreement and Release as set forth below.
Date: �.
ATTEST:
DWI GHT;PROCK, Clerk
' S
� r
LO
Clerk
Appro edr, "thy 6rm and
legal sufficiency:
40&t�' &2#4 1
Colleen M. Greene
Assistant County Attorney
STATE OF Gy
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By.
Fred W. Coyle, Chairman
„1
By:
LADDI C. BENES, Plaintiff
By:
ore Zelman, Esq.
orney for Plaintiffs
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS AND
COLLIER COUNTY, FLORIDA WAS SWORN TO ar4 subscribed, by MAUREEN
BENES and LADDIE C. BENES, before me on this
2012,
L1611
ignature of NQLaLP-jiblic
MICHELLE BECERRA
MY COMMISSION # DD 960866
EXPIRES: June 9, 2014
-fi-Xi —1 . 1— --.1 - --' 1-1 - --a-
Com " ° ublic
(Please print, type or stamp)
My Commission expires:
11- 1879- CA/4981
5
Imo. • - , 2 i�
Personally Known
or
Produced Identification
Type of Identification Produced