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Backup Documents 03/22/2011 Item #16K2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 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 document, should he hand delivered to the Board Office. 'fhe completed routing slip and original documents one to be forwarded to the Board Office only after the Board has utkco action on the Item.) ROUTING SLIP Complete routing lines N l through H4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excentionol the Chain,an'c clonaniro i-- "ilnan.., ..... a ...... ;.,.. r.— aI a....._u u. .......... A I I I .. .... _. _. Route to Addressee(s) (List in routin order) Office Initials one n, . Date 1. _ (Initial) A licable 2. March 22, 2011 Agenda Item Number 16 -K -2 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Colleen M. Greene, ACA County Attorney Number of Original 03/23/11 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 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 oliice only after the BCC has acted to approve the item .) Name of Primary Staff Colleen M. Greene, ACA Phone Number 252 -8400 Contact _ (Initial) A licable Agenda Date Item was March 22, 2011 Agenda Item Number 16 -K -2 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Release (Laboratory Corporation) Number of Original 3 Attached County Attorney's Office and signature pages from contracts, agreements, ctc. that have been fully Documents Attached INCTRIIf TIONS R. it-uGr -vr IcT r � r 1 (e-C--S r;',- rt'- �l.t_.r� �X;tc ct f e c'.� t�l. -'t. �._�_S 1_ J �G 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 amatter numbeow /«document number» Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not _ (Initial) A licable L 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. ']'his includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, ctc. that have been fully executed by all parties except the BCC. Chairman and Clerk to the hoard and possibly Slate -2— Officials. 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 3. The Chairman's signature line date has been entered us the date of BCC approval of the document or CMG the final negotiated contract date whichever is ae2licable. 4. "Sign here" tahs 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 lan Mitchell in the BCC office within 24 hours of 13CC. approval. Sonre documents are tune sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. 13o aware of our deadlines! 6. The document was approved by the BCC on 03/22/11 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. - 11 r � r 1 (e-C--S r;',- rt'- �l.t_.r� �X;tc ct f e c'.� t�l. -'t. �._�_S 1_ J �G 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 amatter numbeow /«document number» 16K2 MEMORANDUM Date: March 28, 2011 To: Colleen Greene County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: General Release — Laboratory Corporation of America Enclosed please find two originals referenced above (Agenda Item #16K2), which was approved by the Board of County Commissioners on Tuesday, March 22, 2011. The Minutes & Records Department has retained an original for the Board's Official Records. If you have any questions, please call me at 252 -8411. Thank you. 16K2 General Release KNOW ALL MEN BY THESE PRESENTS that BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, their heirs, assigns, legal representatives, successors and personal representatives, hereinafter referred to as the Releasing Parties for and in consideration of the total sum of THREE THOUSAND FIVE HUNDRED SIXTY DOLLARS AND NINETY -THREE CENTS, ($3,560.93), which sum includes $350.00 in court costs incurred by the County, receipt of which is hereby acknowledged, have released, acquitted, and discharged, and by these presents do hereby release, acquit, and forever discharge LABORATORY CORPORATION OF AMERICA, and their insurers, all of their parent corporations, subsidiaries, and affiliates, including all officers, directors, and employees, past and present, any reinsurer or insured thereof, and employees, their respective administrators, successors, assigns, employees, agents, attorneys, officers, directors, and representatives, hereinafter referred to as the Released Parties, of and from any and all claims, actions, causes of action, damages or demands, both compensatory and punitive, in whatever name or nature, in tort, in contract or by statute, in any manner arisen, arising, or growing out of any and all damages, expenses, or losses sought or claimed, of whatever name or nature, past, present, or future, which in any way arise out of or were the result of an accident occurring on or about June 10, 2009 at or near 1660 Medical Blvd. in Naples, Collier County, Florida. This release covers and any all claims of the Releasing Parties for property damages, and all other claims of consequential damages and expenses which have arisen, arise, or which may hereafter arise out of the incidents or matters which were alleged in, or could have been alleged in Case No 10 -1074 CC in the County Court in and for Collier County, Florida. Further, the Releasing Parties hereby agreed to indemnify, to save, defend, and hold harmless the Released Parties from any and all claims, subrogated interests, or liens of any third parties including, but not limited to the United States, the State of Florida, any governmental entity lien, attorney's fee, charging liens, any local county, city, state or federal government liens, Internal Revenue Service liens, and any and all other subrogated interests or liens, regardless of their source. 16K2 Page 2 The Releasing Parties acknowledge that it is their responsibility to satisfy any of the foregoing liens or subrogated interests from the proceeds of this settlement. The Releasing Parties further agree to release, acquit and forever discharge the Released Parties for any claim or claims for bad faith or extra - contractual damage claims of any nature arising out of the investigation, claims handling and /or adjustment of claims arising from the June 10, 2009 accident. The Releasing Parties specifically acknowledge and agree that this release shall operate to release all such claims, whether or not the same were specifically litigated in Case No. 10 -1074 CC The Releasing and Released Parties further agreed that the terms of this Release and any amount paid shall remain that the terms of this Release and any amount paid shall remain CONFIDENTIAL, including the names of the Released Parties. ALL PARTIES TO THIS GENERAL RELEASE ARE TO BEAR THEIR OWN RESPECTIVE ATTORNEY'S FEES AND COSTS OR AS OTHERWISE STATED HEREIN. It is understood and agreed that the payment made herein is not to be construed as an admission of any liability by or on behalf of the Released Parties; but, instead, the monies being paid hereunder as consideration for this release are being given in order to avoid litigation, the uncertainties stemming from litigation, as well as to protect and secure the good name and good will of the Released Parties. To secure this settlement and the payment of the aforesaid sum, the undersigned hereby declare that they are of the legal age and that they relied wholly upon their own judgment, belief, and knowledge of the nature, extent, and duration of his injuries, disabilities and damages and that no representations or statements about any such claims, past, present, or future, made by any physician, agent, adjuster, attorney, or employee of the Released Parties, or their insurers, have influenced the undersigned in making or induced the undersigned to make this settlement. It is further acknowledged that there is no agreement or compromise on the part of the Released Parties to do or forego any act or thing not herein mentioned and that the within consideration is in full and complete settlement of any and all claims, damages, or demands of the undersigned against the Released Parties arising from or out of any and all matters referenced in this release. DATED this c9a day of MGLYUk— 2011 D HT, E,; BRO §K,`•ILLER A r Attest 'im. to' Cha jr P4ty Clerk ttgnature oV+•:" Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: `- k L") . C FRED W.COYLE,CHA AN 16K2 Page 3