Backup Documents 06/08/2010 Item #16K216K 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 - I he completed routing slip and original
documents are to be forwarded to the Board Office only nfler 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
exrentinn of the Chairman's sienatnre draw a line throueh routine lines # 1 throueh #4. comoletc the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1.
(Initial)
Applicable)
2.
June 8, 2010
Agenda Item Number
16 -K -1
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
06/08/10
5. Ian Mitchell, BCC Office Supervisor
Board of County Commissioners
Documents Attached
I
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/preptred 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 arc to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Colleen M. Greene, ACA
Phone Number
252 -8400
Contact
(Initial)
Applicable)
Agenda Date Item was
June 8, 2010
Agenda Item Number
16 -K -1
Approved by the BCC
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
Type of Document
Settlement Agreement - Buonomo
Number of Original
3
Attached
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
Documents Attached
INSTRUCTIONS & CHECKLIST
I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
),matter number » /(<document number),
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate.
Yes
N/A (Not
(Initial)
Applicable)
1.
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. 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 ACC 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 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 as the date of BCC approval of the document or
CMG
the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs 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 Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are
time sensitive and require forwarding W Tallahassee within a certain time Game or the BCC's actions
are nullified. Be aware of our deadlines!
6.
The document was approved by the BCC on 06/08/10 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.
I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
),matter number » /(<document number),
16K
MEMORANDUM
Date: June 9, 2010
To: Colleen Greene
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement - Buonomo
Enclosed please find two originals referenced above (Agenda Item #16K2),
which was approved by the Board of County Commissioners on Tuesday,
June 8, 2010.
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.
Enclosures
16
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 t" day of :: nom— , 2010 by and between MADELINE BUONOMO,
(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 Madeline
Buonomo v. Collier County, Florida, Case No. 09- 9312 -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 agrees and covenants to fully comply with all applicable
Medicare laws and liens specifically including 42 USC § 1395y.
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 Fifty -Two Thousand Five Hundred Dollars and 00/100
($52,500.00) 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 herself, her 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.
2
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 agrees and covenants to fully comply with all applicable Medicare
laws and liens specifically including 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.
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.
3
16K 2
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 Plaintiff's attorney shall be solely responsible for any
Medicare lien or other liens.
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed
this Agreement and Release as set forth below.
Dater 81 a01 a
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
.N.imloWpouty Clerk
Approved as to form and
legal sufficiency:
n 0&4t--M
Colleen M. Greene
Assistant County Attorney
By:
FRED W. COYLE, Chairnrdn
By'."' l *./, - X G�
MADELINE BUONOMO, Plaintiff
4
16K 2
STATE OF R�LiQf
COUNTY OF llt&a --
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by MADELINE
BUONOMO, before me on this d-�5_ day of knoLlitit ' 2010.
T
� 4 -1
Signature of Notary P u�� c
Personally Known 0<1
or
Produced Identification
h6,55 1 1 c1- Mic_Yx f y 6ece-v L::�
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires: U I q 1 lc)
11➢BYJIGAMUSIVSf,
5
,�,�_,y., MICHELLEBECERRA
=P' �'`= MY COMMISSION A OD 551799
�y.,:a EXPIRES: June 9, 2010
'?'o�,•�.4;." Bonded TMU Nam? PUEFCUMemrAers