Backup Documents 11/13/2012 Item #16K 6ORIGINAL DOCUMENTS CHECKLIST & ROl
TO ACCOMPANY ALL ORIGINAL DOCUMENTS
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The coi
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 docui
exception of the Chairman's signature, draw aline throu h routing lines #1 throu #4, complete the checklist, and forward
GSL16
6
'TO
GNATURE
deted routing slip and original
it is already complete with the
Sue Filson (line #5).
Route to Addressee(s)
(List in routing order
Office
Initi is
Date
1.
appropriate
Applicable)
2.
November 13, 2012
Agenda Item Number
16K6
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Settlement Agreements & Mutual Releases
Number of Original
Three (3)
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
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It
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PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the pers n who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to con act 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 a BCC has acted to approve the
item.)
Name of Primary Staff
Colleen M. Greene, Assistant County Atty
Phone Number
X 8400
Contact
appropriate
Applicable)
Agenda Date Item was
November 13, 2012
Agenda Item Number
16K6
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Settlement Agreements & Mutual Releases
Number of Original
Three (3)
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
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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
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate
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
ICMG
si nature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
CMG
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 11/13/2012 and all changes made during
CMG
the meeting have been incorporated in the attached document. The County Attorney'
Office has reviewed the changes, if applicable.
r
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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
16K 6
MEMORANDUM
Date: November 15, 2012
To: Colleen Greene
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Mutual Release
Collier County v. David Scribner
Enclosed please find two originals referenced above (Agenda Item #16K6),
which was approved by the Board of County Commissioners on Tuesday,
November 13, 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 -7240.
Thank you.
16K 6
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 November, 2012 by and between DAVID SCRIBNER, (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 United States
District Court, Middle District, Case No.: 2:10 -cv- 728- FtM- 29- JES -DNF, (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 Plaintiff's 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.
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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 Sixty One Thousand Two Hundred Fifty Dollars and
00/100 ($61,250.00) 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
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or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the
Complaint in the Lawsuit.
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
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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.
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.]
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16K 6-4
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Date: I1' 13 11a
ATTEST:
DWIGHT E' BfibCK,'Clerk
li t* qty# put Clerk
Approved 6s to form and
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
STATE OF R(Ll `CQ 0,-
COUNTY OF Q/L
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA„
in
Fred W. Coyle, Chairm
By:
DAVID SCRIBNER, Plaintiff
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Bradley P. Rothman, Esq.
Attorney for Plaintiff
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by DAVID
SCRIBNER, before �m/e�on this _ E41 day of 2012.
Personally Known
Signatur f Notary Public or
Produced Identification
AjqLA4Eyjr%,Q- Toned Name of Notary Public
(Please print, type or stamp)
My Commission expires: �,��`� ...MM
sz:
Type of Identification Produced
5