Backup Documents 09/14/2010 Item #16K 616K 6,
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 he hand delivered to the Board Office. 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 # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's si nature, draw a line through routing lines #1 throtwh 94 com fete the checklist and forw d t S Fit 1' #5
Route to Addressee(s)
List in routing order
Office
at o ue t son
Initials
me
Date
1.
appropriate.
(Initial)
Applicable)
2.
9/14/2010
Agenda Item Number
16 K 6
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
9/14/10
5. Ian Mitchell, Executive Manager BCC
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
Documents Attached
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 die event one of the addressees above, including Ian Mitchell needs to contact 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 the BCC has acted to approve the
item.
Name of Primary Staff
Tom Baratta, County Attorney Office
Phone Number
252 -8821
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
9/14/2010
Agenda Item Number
16 K 6
Approved b the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Settlement Agreement BCC v Embarq, Inc.
Number of Original
Three
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRI ICTION9.G C"rClel IcT
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
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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 2ossibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
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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
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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
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
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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 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 7/27/2010 and all changes made during
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the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
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OMCE OF THE COW" ATTOMEY
INTEROFFICE MEMORANDUM
TO: Trish Morgan, Minutes and Records Manager
FROM: Thomas Baratta, J.D., Legal Assistant
DATE: 9/14/2010
RE: Settlement Agreement and Mutual Global Release
BCC v. Embarq, Inc. - Case No. 10- 00090 -CA
Approved 9/14/2010 - Agenda item 16 K 6
Attached are three originals of the above referenced Settlement Agreement
and Mutual Global Release. Our office will require all three original documents
after they are signed and attested in order to complete this settlement process.
Please contact me at 252 -8821 when the Agreements are ready for pick up or if
you should have any questions.
Thank you.
I0- 0090 -CA /3780
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SETTLEMENT AGREEMENT AND
MUTUAL GLOBAL RELEASE
THIS AGREEMENT made and dated when executed in its counterparts, attached hereto,
by each party below, by and between the BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA (hereinafter the "COUNTY "), CENTURYLINK FWA
EMBARQ, INC., AND EMBARQ COMMUNICATIONS, INC. (hereinafter "C- LINK "), and
WORKMAN SERVICES, INC. (hereinafter "WORKMAN ").
W ITNESSETH:
WHEREAS, the County has made a claim against C -Link and Workman for damages
allegedly stemming from an incident which occurred on the County's property to a County water
main line, by virtue of the digging by Workman for cable lines to be place on behalf of C -Link,
on August 27, 2008 at 379 Palm Drive, Collier County, Florida; and
WHEREAS, the County has filed an action in the Circuit Court of the Twentieth Judicial
Circuit for its claim styled as BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA vs. EMBARQ, INC., EMBARQ DOMMUNICDATIONS, INC. and WORKMAN
SERVICES, INC., etc. Case No. 10- 00090 -CA, which case is pending and ongoing; and
WHEREAS, the parties hereto have thoroughly discussed the positions of each, and each
wish to avoid prolonged and further litigation; and
matter.
WHEREAS, each party hereto believes it is in their respective interests to settle this
NOW THEREFORE, in consideration of the preambles set forth hereinabove, and the
mutual covenants set forth herein below, and other good and valuable consideration, receipt of
which is hereby acknowledged, it is mutually agreed as follows:
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The County will accept payment in the amount of SIXTEEN THOUSAND
($16,000.00) and no /100ths. DOLLARS U.S. from Workman as and for full payment of all its
damages and costs, inclusive of all attorneys' fees and costs, it claims to have incurred as a result
of the incident occurring on August 27, 2008, which is the subject matter of the aforesaid Case
No. 10- 00090 -CC, from the drilling by Workman at 379 Palm Drive, Collier County, Florida,
which was for the benefit of C -Link.
2. It is expressly understood that by settlement of this matter through this
Agreement, no party hereto is admitting any liability in any manner.
3. Upon the approval of this Agreement by the County, the County will cause case
No. 10- 00090 -CA to be dismissed with prejudice as to C -Link and Workman, costs and fees for
each party to be borne by that party for itself.
4. This Agreement and Release shall be executed in counterparts each signed by the
respective party.
5. Workman shall deliver to the County its signed counterpart along with a check
made out to the Board of County Commissioners, Collier County to be submitted for approval;
the Collier County Attorney's Office, through Jeffrey A. Klatzkow, County Attorney, shall hold
said check in escrow and not cause its deposit and negotiation until this Agreement is approved
by the County and said case is dismissed with prejudice according to the terms herein.
6. Except for the obligations of this Agreement, which are hereby not released and
which shall survive the execution of this Agreement, the County, for itself and for the members
of the Board, and all of its respective agents, successors and assigns, remises, Releases, acquits,
waives, satisfies and forever discharges CENTURYLINK, EMBARQ, INC., EMBARQ
COMMUNICATIONS, INC. and WORKMAN SERVICES, INC., along with their collective
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officers, directors, shareholders, members, employees, agents, servants, representatives,
successors, assigns and their insurers, and the respective personal representatives, heirs,
successors, and assigns of all of them (collectively the "Released Parties "), all and from all, and
all manner of action and actions, cause and causes of action, suit, debts, any sums of money,
accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, guarantees, warranties (whether express or implied, and whether based on statute,
common law or otherwise), third -party claims, bad faith claims, variances, trespasses, damages,
judgments, executions, claims and demands whatsoever, which the County has or may have
against the Released Parties, whether arising in tort, contract, by virtue or statute, or otherwise,
and whether in law or in equity, regardless of whether the same are known or unknown,
suspected or unsuspected, patent or latent, or have yet accrued or not accrued as of the date of
execution hereof, provided the same are based upon any act or omission that occurred or failed to
occur prior to the date hereof and which in any way refer to or relate to the work performed at
the location of 379 Palm Drive, Collier County, Florida on August 27, 2008, which is the subject
matter of the lawsuit pending in the Circuit court of the Twentieth Judicial Circuit, In and For
Collier County, Florida as Case No. 10- 00090 -CA.
7. Except for the obligations of this Agreement, which are hereby not released and
which shall survive the execution of this Agreement, CENTURYLINK, EMBARQ, INC., and
EMBARQ COMMUNICATIONS, INC., for themselves and for the members of their Boards,
and all of their respective agents, successors and assigns, remises, Releases, acquits, waives,
satisfies and forever discharges WORKMAN SERVICES, INC., along with their collective
officers, directors, shareholders, members, employees, agents, servants, representatives,
successors, assigns and their insurers, and the respective personal representatives, heirs,
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successors, and assigns of all of them (collectively the "Released Party "), all and from all, and all
manner of action and actions, cause and causes of action, suit, debts, any sums of money,
accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, guarantees, warranties (whether express or implied, and whether based on statute,
common law or otherwise), third -party claims, bad faith claims, variances, trespasses, damages,
judgments, executions, claims and demands whatsoever, which the County has or may have
against the Released Party, whether arising in tort, contract, by virtue or statute, or otherwise,
and whether in law or in equity, regardless of whether the same are known or unknown,
suspected or unsuspected, patent or latent, or have yet accrued or not accrued as of the date of
execution hereof, provided the same are based upon any act or omission that occurred or failed to
occur prior to the date hereof and which in any way refer to or relate to the work performed at
the location of 379 Palm Drive, Collier County, Florida on August 27, 2008, which is the subject
matter of the lawsuit pending in the Circuit court of the Twentieth Judicial Circuit, In and For
Collier County, Florida as Case No. 10- 00090 -CA.
8. Except for the obligations of this Agreement, which are hereby not released and which
shall survive the execution of this Agreement, WORKMAN SERVICES, INC., for themselves
and for the members of their Boards, and all of their respective agents, successors and assigns,
remises, Releases, acquits, waives, satisfies and forever discharges CENTURYLINK,
EMBARQ, INC., and EMBARQ COMMUNICATIONS, INC., along with their collective
officers, directors, shareholders, members, employees, agents, servants, representatives,
successors, assigns and their insurers, and the respective personal representatives, heirs,
successors, and assigns of all of them (collectively the "Released Party "), all and from all, and all
manner of action and actions, cause and causes of action, suit, debts, any sums of money,
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accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, guarantees, warranties (whether express or implied, and whether based on statute,
common law or otherwise), third -party claims, bad faith claims, variances, trespasses, damages,
judgments, executions, claims and demands whatsoever, which the County has or may have
against the Released Party, whether arising in tort, contract, by virtue or statute, or otherwise,
and whether in law or in equity, regardless of whether the same are known or unknown,
suspected or unsuspected, patent or latent, or have yet accrued or not accrued as of the date of
execution hereof, provided the same are based upon any act or omission that occurred or failed to
occur prior to the date hereof and which in any way refer to or relate to the work performed at
the location of 379 Palm Drive, Collier County, Florida on August 27, 2008, which is the subject
matter of the lawsuit pending in the Circuit court of the Twentieth Judicial Circuit, In and For
Collier County, Florida as Case No. 10- 00090 -CA,
9. 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.
10. This Agreement shall be deemed to have been executed in Collier County,
Florida, shall be deemed to be performed in Collier County, Florida, and shall be subject to the
laws and jurisdiction of the State of Florida.
11. This Agreement and Release can be executed in counterparts, each counterpart to
be dated on the date it is executed.
12. This Agreement cannot be modified unless done so in writing and signed by each
respective party.
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13. In any litigation arising out of or relating to this Agreement, or to the
interpretation or enforcement hereof, the prevailing party(ies) shall be entitled to recover
reasonable attorneys' fees and costs of suit at the trial and the appellate levels.
AGREED TO AND APPROVED by the Board of County Commissioners of Collier
County, Florida, this }y}y,day, of =r 1xr 2ijp
ATTEST:
DWIGHT E, BROCK
CLERK OF COURTS
By U
Deputy Clerk
Attest at to Ch& w 4
s 1 gnitw'o on i +
as to form and
, Esq.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By: ,1 L,.1 C
FRED W. COYLE, CHAT AN
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CENTURYLINK F/K/A EMBARQ, INC.,
AND EMBARQ COMMUNICATIONS, INC.
%'l/L&zttL -4-
By: Nancy L. Shelledy
Assistant General Counsel
Dated: 8/16/2010
STATE OF KANSAS )
) ss:
COUNTY OF JOHNSON )
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE WAS SWORN TO and
subscribed by Nancy L. Shelledy. , before me on this _16th day of August,
2010.
Signature of kotary Pu c
�6vZ� b�l /rte
Commissioned Na of Notary Public
(Please print, type or stamp)
My Commission expires:
DEBRA BABYLON
No"
Stab of Ksnt}s��,
My OmMsSks Expiru[l
Personally Known Ll
or
Produced Identification
Type of Identification Produced
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STATE OF FLORIDA )
)SS:
COUNTY OF )
THIS SEMEM SETTLE , AGREEMENT AND MUTUAL RELEASE WAS SWORN TO and
subscribed t 1a+, before me on this �8 day of
,, t 6Z 2010.
100:
Commissioned Name of Notary Public
(Please print, type or stamp)
My Commission expires:
,�,,,�, YOIAHDA HFJIHAH EZ
� _
My 00MMISS&I I DO SUM
EXPIRES: July 24, 2011
sditd Thm 4ftq hac UMrftn
Personally Known
Or
Produced Identification
Type of Identification Produced
Page S off
r