Backup Documents 05/28/2019 Item #16K 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 2_
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office KN 5/30/19
4. BCC Office Board of County
Commissioners 4/ 513o`c=A
5. Minutes and Records Clerk of Court's Office '
P6 s1�lt�, �'
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Rosa Villarre ,County Attorney's Office Phone Number 252-8821
Contact/Department
Agenda Date Item was 5/28/19 Agenda Item Number 16-K-2
Approved by the BCC
Type of Document Settlement Agreement-Jerome Number of Original One
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK KN
2. Does the document need to be sent to another agency for additional signatures? If yes, KN
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KN
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's KN
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this KN
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. 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!
8. The document was approved by the BCC on 5/28/19 and all changes made during the KN N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. (' his line.
9. Initials of attorney verifying that the attached document is the version approved by i- \ is not
BCC,all changes directed by the BCC have been made,and the document is ready fo e an o tion fqr
Chairman's signature. \("\ !\C\ __r:N, this li1ie.
PLEASE EMAIL FULLY EXECUTED DOCUMENT TO ROSA VILLARRE• . :821
[04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
16K2 �
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, May 31, 2019 9:03 AM
To: VillarrealRosa
Subject: Agenda Item #16K2 (5-28-19 BCC Meeting)
Attachments: Backup Documents 05_28_2019 Item #16K2.pdf
Good Morvtivtg Rosa,
A copy of the Settlewtevtt Agreewtevtt re: Marie Michelle Jerome v.
Collier Couvtty (13CC 5-28-19 Item #16K2) is attached for your records.
That/1k you.
Ann Jennejohn
Senior Deputy Clerk
Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1
16K2
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this2 W.day of 1-1\fc,- , 2019, by and between MARIE
MICHELLE JEROME, (hereinafter referred to as "Plaintiff") and Collier County Board of
County Commissioners(hereinafter referred to as the"County").
WITNESSETH:
WHEREAS, Plaintiffs fled a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, styled Marie Michelle Jerome and
Collier County,Case No. 18-CA-2065 (hereinafter referred to as the "Lawsuit");and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desires 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 the settlement to a writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex-employees, agents. attorneys, representatives, insurers, spouses, successors,
assigns, heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound. Plaintiff and
County agree as follows:
I. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", by reference into this Agreement.
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
[18-CA-2065/1475735/I]
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consideration of the sum of Eight Thousand Two Hundred Thirty Dollars and 15/100($8,230.15)
and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiffs, Plaintiffs agree 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, contractors, representatives, successors, assigns,
insurers, affiliates, from any and all claims, demands, causes of actions, damages, costs, liens.
attorney's fees, expenses, medical bills and obligations of any kind or nature whatsoever that she
has 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.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement, 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.
5. Plaintiff and the County acknowledge and agree that this Agreement 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.
6. Plaintiff and the County recognize and acknowledge that this Agreement
memorialises and states a settlement of disputed claims and nothing in this Agreement shall be
[18-CA-2065/1475735/1] 2
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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.
7. Plaintiff and the County acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement 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.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiff and the County
agree that all underlying causes of action or claims of Plaintiff has been extinguished by this
Agreement and that the sole remedy for breach of this Agreement 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.
10. This Agreement shall be governed by the laws of the State of Florida.
I I. Plaintiff shall be solely responsible for payment and satisfaction of all liens.
medical bills, and all other expenses. debts, or losses arising out of, or anyway connected to.
injuries and/or damages suffered from the incident described in the Lawsuit.
IN WITNESS WHEREOF. Plaintiff and the County have signed and sealed this
Agreement and Release as set forth below.
118-CA-2065/1475735/11 3
16K2 '
By:.4a.!z ' /1?- 4.,z..e.,
Marie Michelle Jerome, Plaintiff
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this / day of , 2019, by
g t_ /0 .c'N[G , who is ( ) personally own to me or ( roduced
r1.. D I-- as identification. c)b- ,
(Signat re of Notary Public - State of Florida)
''%''•, MARGARET HARRIS f
:° I,s Notar Public-State of Florida
• Commission#FF 935192. (Print, Type, or Stamp
;"'' !III �= My Comm.Expires Nov 11.2019 ' Commissioned Name of Notary Public)
:"'' Bonded through National Notary Assn.
Commission Expires
AS TO COUNTY:
ATTEST:
CRYSTAL K-.4S,Ji ZEL, Clerk BOARD OF CO ' TY COMMISSIONERS
'?x OF COLLIEli . •RIDA
•
ByCU: ' 40,I
`per Jerk W'liam L. McDaniel. Jr.,Chairman
Attest as t at m J
s na ure only.
Date: n—n o -19 Date: 5V2$\\'=\
Approved as to form and legality
��
Kevin L. Noell
Assistant County Attorney
Item# QQ
Agenda S`!ip-
Date -------" C�
Dat
Reced' i
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