Backup Documents 05/10/2011 Item #16K 5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K 5.
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 Oftice, 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
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, corn lete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
List in routin order)
1.
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 tor additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item,)
Name of Primary Staff Colleen M. Greene, ACA
Contact
Agenda Date Item was
Ap roved by the BCC
Type of Document
Attached
o
2.
05/11/11
s/rd"
252-8400
16-K-5
2
Yes
(Initial
CMG
N/A (Not
A licable)
3.
N/A
CMG
CMG
N/A
CMG
4. Colleen M. Greene, ACA
County Attorney
t Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24,05
<<matter _ n umber>>! <<document_number>>
5. Ian Mitchell, BCC Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Phone Number
;;a
May H: 2011
/lo
Settlement Agreement (Surety Construction
Company)
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
1.
Original document has been signed/initialed for legal sufficiency, (All documents to be 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.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or
the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Ian Mitchell in the BCC office within 24 hours ofBCC 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 our deadlines!
The document was approved by the BCC on 05/11/11 and all changes made during the meeting
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a Hcable.
2.
3.
4.
5,
6.
MEMORANDUM
Date:
May 11, 2011
To:
Colleen Greene
County Attorney's Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement - Surety Construction Co.
Enclosed please find one original referenced above (Agenda Item #16K5),
which was approved by the Board of County Commissioners on Tuesday,
May 10, 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.
16K5
J
16K 5
SETTLKMENT AGREEMENT AND
MUTUAL RELEASE
THIS AGREEMENT made and dated when executed below, by and between the
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA (hereinafter
"COUNTY") and SURETY CONSTRUCTION COMPANY (hereinafter "SURETY").
WIT N E SSE T H:
WHEREAS, Collier County entered into an Agreement for Contractor Services with
SURETY CONSTRUCTION COMPANY dated October 9, 2007 (#06-3971), and the Work
Orders thereto, for work commencing in May 2010 on interior alterations to the Pollution
Control Laboratory on the 3rd Floor of Building "H" on the Collier County Government
Campus; and
WHEREAS, the County has made a claim against SURETY for damages allegedly
stemming from an incident which occurred on the County's property on or about June 18, 2010
wherein equipment installed by SURETY and/or its subcontractor leaked and caused extensive
flooding in Building H; and
WHEREAS, the parties hereto have thoroughly discussed the positions of each, and each
wish to avoid prolonged litigation each party hereto believes it is in their respective interests to
amicably settle this matter.
NOW THEREFORE, in consideration of the preambles set forth hereinabove, and the
mutual covenants set forth herein below, and other good and valuable considerations, receipt of
which is hereby acknowledged, it is mutually agreed as follows:
1. SURETY will provide and the County will accept payment in the amount of
EIGHTY-EIGHT THOUSAND FIVE-HUNDRED FIFTY-NINE and 49/l00ths ($88,559.49)
DOLLARS U.S. as and for full payment of all its damages and costs, inclusive of all attorneys'
Page 1 of 4
I
"
16K 5
fees and costs, the County claims to have incurred as a result of the flooding damage that
occurred between June 18, 2010 and June 21, 2010 to floors 1, 2, and 3 of Building H on the
County's campus.
2. It is agreed that no party to this Agreement and Mutual Release admits any
liability or fault on its part and enters into this Agreement for each party's own best interest.
3. This Agreement and Release shall be binding upon each party as well as their
respective owners, principals, elected officials, officers, employees, ex-employees, agents,
attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates.
4. In consideration of the mutual promises herein and the recitals hereinabove, the
County hereby expressly releases SURETY, as well as their attorneys, agents, representatives,
heirs, successors, assigns from any and all claims, liability for damages, costs or any other
damages, including attorneys' fees and expenses, arising out of the flooding damage that
occurred between June 18,2010 and June 21, 2010 to floors 1,2, and 3 of Building H on the
County's campus.
5. In consideration of the mutual promises herein and the recitals hereinabove,
SURETY hereby releases and discharges the County, as well as its elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from all claims, demands, causes of actions, costs, attorneys' fees and expenses or other
obligations it may claim against the County arising out of the flooding damage that occurred
between June 18, 2010 and June 21, 2010 to floors 1, 2, and 3 of Building H on the County's
campus.
6. This Agreement and Release can be executed in counterparts, each counterpart to
be dated on the date it is executed.
Page 2 of4
.1
16K 5
7.
This Agreement cannot be modified unless done so in writing and signed by each
respective party.
DATEDTHls;Xll- DAY OF ~(ll
,2011.
SURETY CONSTRUCTION COMPANY
STATE OF FLORIDA J
COUNTY OF f-%L-
TillS SETTLEMENT AGREEMENT AND RELEASE BETWEEN COLLIER COUNTY
AND SURETY CONSTRUCTI~ AS SWORN TO and subscribed byle>UU.I!Dllu
b fore me on this 'tl, day of { ~ , , 2011. ~
Personally Known
or
Produced Identification
/
~\
' ~!,; Plio) \'lotary Public State of Florida
# .' ~:. Cynil1ia Floyd ~
. ~ \. :; My Cornml~ ,!on 00691500
~h~i? Eltplres09J07/2011 _
< ':.;<,"',I".~,,^r...A/4'-.'VV~
~l'l~~J
Type of Identification Produced
Commissioned Name of Notary Public
(please print, type or stamp)
My Commission expires: q .1. ) I
Page 3 of4
..1-
.~.." . . f';' I )
Approved as to form and
legal sufficiency:
Colleen M. Greene .to 10 t,
Assistant County Atto ey
16K5
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~w.~
By: FRED W. COYLE, C
Page 4 of 4