Backup Documents 09/25-26/2012 Item #16K 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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#1 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) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Ian Mitchell, Executive Manager Board of County Commissioners lo/
6. Minutes and Records Clerk of Court's Office
(C(22-(CZ
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 Colleen Greene,Assistant County Attorney Phone Number X 8400
Contact
Agenda Date Item was September 25,2012 Agenda Item Number 16K2
Approved by the BCC
Type of Document Settlement Agreement and Mutual Release Number of Original Three(3)
Attached Documents Attached
INSTRTJCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the got Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. 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.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 N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. 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.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to Sue Filson 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 9/25/2012 and all changes made during CMG
the meeting have been incorporated in the attached document.The County Attorney's
Office has reviewed the changes,if applicable.
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
MEMORANDUM 16K 2
Date: October 23, 2012
To: Colleen Greene
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Mutual Release
Collier County v. Simina Moldovan
Enclosed please find two originals referenced above (Agenda Item #16K2),
which was approved by the Board of County Commissioners on Tuesday,
September 25, 2012.
An original has been kept in the Minutes & Records Department as part
of the Board's Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
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6K2
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 .,`J��'
day of September, 2012 by and between SIMINA MOLDOVAN, (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 Simina Moldovan
and Collier County, Florida, Case No. 09-4781-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.
WHEREAS, 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.
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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 One Thousand Two Hundred Dollars and 00/100
($1,200.00) 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 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.
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16K2 w,
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 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, 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.
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16K2
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, 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, other liens, or Medicare Set-Asides.
[Signature page to follow.]
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IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date: q 2-S
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. IfCCK, Clerk OF COLLIER COUNTY, FLORIDA
4 ;
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A*, qc ;fit to CND, 'y ty Clerk Fred W. Coyle, Chairman
i1Q11a'11�"! �►R".�F�.6,`� 1(-3
Approved'as tafd and By:
legal sufficiency: S A MOLDO AN, Plaintiff
kittOtA j
•Ileen M. Greene
Assistant County Attorney 41r/��
Za ary Gill, Esq.
A torney f. Plaintiff
STATE OF LA
COUNTY OF Oft
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by SIMINA
MOLDOVAN, before me on this \ day of BcJohef , 2012.
Personally Known
Signature of No Public or
Produced Identification
SCE 'e\.Qur∎ L.-3-uhrSor1 ►bu5L∎6'1a, 1 aA4 17.
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires: trade-in;}c, ""
to'. "
09-4781-ca/3246 v. p : SEAL :(D
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USC 10 ,d''
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