Backup Documents 06/28/2011 Item #16K3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 V K 3
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 me to be forwarded to the Board Office only after the Board has taken action on the Rent.)
ROUTING SLIP
Complete routing lines k 1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
- . _, . _ I _..... -- n.— x1 ,h.,.,,.,h ea — im,- fh, rheckli,f and forward to Sue Filson (line N5).
exception or tree Chairman s si umme, u.aw a 111W 1111 0a .,
Route to Addressee(s)
(List in routing order
I.
,..�, ., .,.,. .. ............... .. -_... ,._. ...
Office
Initials
Date
2.
appropriate.
(Initial)
Applicable)
3.
June 28, 2011
Agenda Item Number
16K3
4.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Number of Original
One
6. Minutes and Records
Clerk of Court's Office
Documents Attached
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending 13CC approval. Normally the primary contact is Ore 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 13CC Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the
Item.
Name of Primary Staff
Jacqueline Hubbard, Esq.
Phone Number
X8400
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
June 28, 2011
Agenda Item Number
16K3
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Settlement Agreement and Mutual Release
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Fors/ BCC Forms/ Original Documents Routing Slip W W'S Original 9 03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
I.
Original document has been signed /initialed for legal sufficiency. (All documents to be
JWH
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
JWH
document or the final negotiated contract date whichever is applicabi e.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
J WH
signature and initials are required,
5.
In most cases (soiree contracts are an exception), the original document and this routing slip
N/A
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to'fallahassee 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 .June 28, 2011 and all changes made
1WH
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Fors/ BCC Forms/ Original Documents Routing Slip W W'S Original 9 03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16K3
MEMORANDUM
Date: June 30, 2011
To: Jacqueline Hubbard, Assistant County Attorney
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement and Mutual Release
Attached is one (1) original agreement, as referenced above, (Item #16K3) approved
by the Board of County Commissioners June 28, 2011.
The original agreement is being held in the Minutes and Records
Department to be kept as a part of the Board's Official Record.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachment
16K3
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT
OF FLORIDA IN FORT MYERS, FLORIDA
CIVIL ACTION
BARBARA BURGESON
Plaintiff,
M
Case No. 2:09 -cv- 00220- CEH -DNF
COLLIER COUNTY, TOM HENNING,
STAN CHRZANOWSKI, RUDY MOSS
Defendants.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
In consideration of the promises, covenants and conditions contained herein,
Plaintiff, Barbara Burgeson, hereinafter referred to as " Burgeson," and Defendants
Collier County, Tom Henning, Stan Chrzanowski, and Rudy Moss, hereinafter referred
to as "the Defendants," agree as follows:
1. Settlement Amount. Collier County, on behalf of all the Defendants will pay to
BURGESON the full and final settlement amount of $75,000.00, (Seventy -Five
Thousand Dollars), upon receipt of an Order from the Bankruptcy Court in Case
No.:9:09 -bk- 24347 -DHA; payable as directed by that Order. The payment of any
income taxes shall be the sole responsibility of the Plaintiff and her Attorney,
limited to their respective interests. Collier County shall make payment within 30
(thirty) days of the Order of the Bankruptcy Court. Burgeson will indemnify
Collier County for any liability for income tax from the Settlement Amount.
Burgeson agrees to indemnify Collier County for any liability it may incur to the
Social Security Administration for disability or medical expenses attributable to
the claims in this lawsuit.
2. Settlement Payment. Plaintiff stipulates and agrees that the payment of
Settlement Amount shall be solely the obligation of Collier County, and the
individual Defendants will not have any independent obligation to pay the
Settlement Amount.
3. Stipulation for Dismissal. Within 14 days of receipt of the $75,000.00, counsel
for BURGESON shall prepare, execute and deliver to counsel for
DEFENDANTS a Stipulation for Dismissal with Prejudice with a proposed Order
on the Stipulation, which shall provide that this entire action is dismissed with
prejudice, including any and all claims which could have been made by the
Plaintiff pertaining to the allegations of her Second Amended Complaint. All
16K3
parties agree to release each other from any and all claims pertaining to the
incidents related to the employment of the Plaintiff by the County as set forth
below. BURGESON shall bear her own attorneys' fees and costs, and
DEFENDANTS will not seek recovery of their attorneys' fees and costs from
Plaintiff, but which Order shall also provide that the Court reserves jurisdiction to
enforce the terms of this Settlement Agreement.
4. Mutual General Release And Covenant Not To Sue. Except for the obligations
of this Settlement Agreement, which are not hereby released and which shall
survive the execution hereof, in exchange for the consideration set forth herein,
BURGESON and DEFENDANTS do hereby with prejudice mutually release,
settle, acquit, remise, satisfy and forever discharge each other including Collier
County's past and present commissioners, employees, officers, directors, agents
and representatives, in their official and individual capacity, their heirs and legal
representatives and on behalf of anyone who could claim by and through
BURGESON and DEFENDANTS, their predecessors and successors, from any
and all claims and demands, actions, causes of action, damages, expenses or cost
of whatever nature, including but not limited to any and all claims for handicap or
disability discrimination, national origin discrimination, sex discrimination, race
discrimination, retaliation, whistle blowing, breach of contract, rescission,
promises, claims under the Employment Retirement Income Security Act of 1974
( "ERISA "), as amended, torts of all kind, including but not limited to
misrepresentation, negligence or otherwise, fraud, defamation, libel, slander,
worker's compensation retaliation, interference with an advantageous business
relationship, negligent hiring, negligent retention, discrimination claims or rights
under State and Federal law including but not limited to legislation including
Section 448.101 — 448.105, Florida Statutes, and Section 120.3187, Florida
Statutes, the Consolidated Omni - Budget Reconciliation Act ( "COBRA "), the
Family and Medical Leave Act ( "FMLA "), the Americans with Disabilities Act
( "ADA "), the Equal Pay Act, Title VII of the Civil Rights Act of 1964, the
Florida Civil Rights Act of 1992, Chapter 760, Florida Statutes, the Fair Labor
Standards Act ( "FLSA "), as amended and the Drug -free Workplace Act and any
other claim of any kind, in law or equity.
5. The aforementioned mutual release and covenant not to sue does include any
rights afforded to BURGESON under the Age Discrimination and Employment
Act ( "ADEA "), and the Older Workers Benefits Protection Act ( "OWBPA "). In
accordance with the OWBPA, BURGESON understands her rights under the
ADEA that she is entitled to consult an attorney prior to executing this release and
waiver of those rights. Further, BURGESON understands that she has seven (7)
days from the date of her execution of this Release and Waiver to revoke her
waiver of her claims under the ADEA. Should BURGESON revoke her waiver of
claims under the ADEA, this Agreement shall become null and void.
6. BURGESON and DEFENDANTS further specifically waive any rights of action
and administrative and judicial relief which either might otherwise have available
in the State and Federal Courts, including all common law claims and claims
under Federal and State Constitutions, statutes and regulations and Federal
2
16K3
Executive Orders, County and Municipal ordinances and regulations or any claim
arising out of the employment relationship between BURGESON and
DEFENDANTS with the exception of being able to challenge the validity of the
ADEA waiver.
7. Due Dates Falline on Weekends or Holidays. In the event that the date of any
act required to be performed by this Agreement (including, but not limited to, the
payment of any money) falls on a weekend or a federal holiday, then the same
shall not be required to be performed until the next business day thereafter.
8. Entire Aereement. This Agreement sets forth the entire understanding of the
parties and no verbal or written warranties or representations have been made or
have been relied upon which do not appear in writing within this Agreement.
Any reliance on verbal or other representations which do not appear within this
Agreement shall be deemed unjustifiable reliance. Each party hereto is
represented by that party's own counsel (or has had the opportunity to confer with
counsel of their own choosing) and has had the benefit of such counsel's advice in
reviewing, commenting upon, and modifying this Agreement.
9. Modification of Agreement. This Agreement may not be amended or modified
except by written instrument signed by all of the parties hereto, and the parties
agree that this provision may not be waived except in writing.
10. Waiver The rights of the parties under this Agreement are to be considered
cumulative, and the failure on the part of any party to exercise or enforce properly
or promptly any rights arising out of this Agreement shall not operate to forfeit or
serve as a waiver of any of those or other rights. The waiver by one party of the
performance of any covenant or condition herein shall not invalidate this
Agreement, nor shall it be considered to be a waiver by such party of any other
covenant or condition herein. The waiver by any party of the time for performing
any act shall not constitute a waiver of the time for performing any other act or an
identical act required to be performed at a later time.
11. Cooperation. The parties hereto agree to cooperate fully in the execution of any
documents or performance in any way which may be reasonably necessary to
carry out the purposes of this Agreement and to effectuate the intent of the parties
hereto.
12. No Admission of Liability. By this settlement, no parry admits any liability, but
rather the parties have agreed to this settlement as a compromise of disputed
claims in the interests of avoiding the costs and uncertainty of continued
litigation.
13. Time is of the Essence. Time is of the essence of this Agreement.
3
14. Headings. The headings used in this Agreement are for convenience and
reference only and in no way define, describe, extend, or limit the scope or intent
of this Agreement or the intent of any provision in it.
15. Severability. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be illegal, invalid or unenforceable for any reason,
whether on its face or as applied, the remaining provisions shall remain in full
force and effect.
16. Benefit and Binding Effect. This Agreement shall inure to the benefit of and be
binding upon the parties, their heirs, successors and assigns. This Agreement may
be executed in one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
The individuals signing below on behalf of entities represent and warrant that they
have the full authority to bind their respective entities to all of the provisions
hereof. Signatures by facsimile transmission or other electronic transmission of
this Agreement shall be acceptable and binding upon the Parties. A copy hereof
shall be as binding as the executed original.
17. Governing Law. This Agreement shall be governed by the laws of the State of
Florida, without regard to its principles of conflicts of law.
18. Effective Date: This Settlement Agreement and Mutual Release shall take effect
upon the execution of it by all the parties, and upon the approval of the Collier
County Board of County Commissioners at a duly noticed, regularly scheduled
public meeting. Additionally, however, the approval of the Board of County
Commissioners is contingent upon acceptance of the Settlement Agreement and
Mutual Release by the Bankruptcy Court. If the Settlement is not approved by the
Bankruptcy Court, the Board of County Commissioners' approval is null and
void.
The parties have executed this Agreement on the dates shown below.
ATTEST: . BOARD OF COUNTY COMMISSIONERS
Dwight•E. Brock, CLERK OF COLLIER COUNTY, FLORIDA
` o -0� �( By. IL-4 W
Ira" f FRED W. COYLE, CHAI AN
tproved h"s((.ty fzit�iri and legal sufficiency:
a ue 'ne W. Hubbard
gation Section Chief
Collier County Attorney's Office
M
16K3
WITNESS:
Signed Name
Print d Name
S.i�ned nle
N14 (%
Printed Name
ITNESS: F A ,'
�rL Gam
Signed Name
A,jA,ee, 'p. C
w omer
Printed Name '
ne N
Cal ( VON
Printed Name
WIANS;':
Signed Name /f
A('Qn:,.., (Z'c, Si
Printed Name
Signed Name
A) u a/ y S�
Printed N e
&ned Name //��
si�rVNL� IPe, l rI.5i/�nn
Printed Name
16K3
El,
:: ..
Date: & -,6- , -,20 //
By: W -� = (: �
Douglas Wilson, Esq.
Attorney or Barbara Burgeson
Tom Henning
Date: �3 - Z o
:
Ricardo A. Reyes, Esq.
Attorney for Tom Henning
JFJ REP
V
� . r ,YI►
Rudy Moss
Date:
By:
Andrew H. Reiss, Esq.
Attorney for Stan Chrzanowski and
Rudy Moss
WITNESS:
Signed Name
iljITNESS: � .J
sr�n�t xetne
Prbdod Name
CNI
. N
Phdi mmedd x e—
WITNESS:
Signed Name
Printed Name
Signed Name
Printed Name
Signed Name
Printed Name
16K3
DRIV e,94.11
Z-
u
Douglas `' Wilson, Esq.
Attorney Barbera gurgeson
Date: (0- Z° -20 11
By: ~
Ricardo A. Reyes, Esq.
Attorney for Tom Henning
0
Stan Chrrenowski
Date:
Ar
Rudy Moss
Date:
By:
Andrew H. Reiss, Esq.
Attorney for Stan Chrzanowski and
Rudy Moss
16K3
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER)
On this- riay of June, 2011, comes before me Barbara Burgeson, who
produced identification, and being duly sworn stated and acknowledged that on June 15,
2011, she signed the document titled "Settlement Agreement and Mutual Release ", listing
herself, Collier County, Tom Henning, Stan Chrzanowski, and Rudy Moss as parties, for
the purposes stated therein.
Sys 1 d o. C III Alemiuli
My commission expires: N 04.,Z zota�y Public
- so
COLENE KEAZER -PATEL
Notary Public - State of Florida
�N` My Comm. Expire a Nov 2. 2014
�'o)', o��.?'•° Commission • EE 39445
16K3
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF I ;I,OIZIDA
1'T. MYERS DIVISION
BARBARA BURGESON,
Plaintiff,
vs.
COLLIER COUN'T'Y, et al.,
Defendants.
NO. 2 :09 -c v- 220 -Ft M-99 D N I'
WAIVER OF ATTORNEY'S FEES
The undersigned, and the law firm of which lie is a member. and all counsel
therein, hereby waive all claim to attorney's fees, costs, or other remuneration arising out
of this action.
Done this , ii day of Way, 2011
i
Bill Berke /
Berke, Lubell & Brunner, P.A.
1003 Del Prado Blvd., Suite 300
Cape Coral, FI, 31990
I 116 K 3
FORM
813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY
MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Tom Henning
Collier County Board of Commissioners
MAILING ADDRESS
292 Belina Dr.
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
[]CITY ❑� COUNTY ❑OTHE
CITY
Naples
COUNTY
Collier
NAME OF POLITICAL SUBDIVISION:
DATE RECENED
DATE ON WHICH VOTE OCCURRED
/
{1 �^ �%-, (��SI•_ 1
`o Y✓ -rMr�F�
MY POSITION IS: fit
❑+ 1
06 -28 -2011
1
ELECTIVE APPOINTIVEJIf�_
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained), to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise With the officer as a partner, joint venturer, cogwner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting, and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
16 J
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Tom Henning hereby disclose that on .tune 28th 2011
(a) A measure came or will come before my agency which (check one)
ELI inured to my special private gain or loss,
inured to the special gain or loss of my business
inured to the special gain or loss of my relative, .
inured to the special gain or loss of
whom I am retained, or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Settlement agreement, former employee named me in lawsuit
e-
Date Filed Signature
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2