Agenda 07/09/2019 Item #16K 6 (Juan Carlos Gil Settlement Agreement)07/09/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Settlement Agreement to settle
the lawsuit styled Juan Carlos Gil v. Collier County, Florida, Case No. 2:19-cv-00372-SPC-UAM
now pending in the United States District Court, Middle District of Florida Fort Myers Division
and authorize the County Manager, coordinating with the County Attorney, to take any additional
administrative action necessary to finalize the Settlement documents.
OBJECTIVE: To dispose of a Federal Americans with Disabilities Act (“ADA”) lawsuit now pending
in Federal Court.
CONSIDERATIONS: On June 5th, Juan Carlos Gil filed a Complaint against Collier County in Federal
Court in Ft. Myers seeking Injunctive and Declaratory Relief, attorney’s fees, and costs, alleging that
Collier County is in violation of Title II of the Americans with Disabilities Act, as amended, 42 U.S.C.
Sec. 12131, et. seq. (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (“RA”), 29 U.S.C. Sec.
794 (Section 504). Mr. Gil alleges in his Complaint that he is visually impaired and a resident of Miami -
Dade County seeking to perhaps move to Collier County and as a result he has been researching Collier
County on the Collier County government website. Mr. Gil alleges that certain documents that he would
like to review are not accessible by persons who are visually impaired and who utilize screen readers.
Mr. Gil is asking the Court to provide injunctive and declaratory relief to require Collier County to
provide equal, effective and timely access for blind and visually impaired individuals.
Mr. Gil has filed 27 similar lawsuits against local government agencies throughout the State of Florida.
Another plaintiff, Joel Price, has filed similar lawsuits against an additional six local government
agencies. If plaintiff prevails in the litigation, in addition to any damages awarded (which are frankly
speculative), plaintiff is entitled to an award of attorney’s fees (which can be considerable).
Local governments are responding to these complaints in one of two ways. Some local governments are
currently actively defending these lawsuits, others have elected to settle early on. The proposed
Settlement Agreement is substantially identical to what Leon County has recently agreed to.
After discussions with staff, it is apparent that Collier County’s website (like that of virtually every other
local government) is not fully ADA compliant (though the vast majority of documents on the website are
clearly accessible). The reason for this is the public’s expectation of full transparency in the government
process, as well as local governments utilizing their websites as public information portals. Providing
this vast volume of documents, constantly updated, presents a challenge for strict compliance with
accessibility standards. This is both a national and a State-wide issue, which will likely require Federal
regulations to be enacted in order to create a “best practices” for local governments.
The County Attorney sees little benefit in litigating this matter as (1) there is no upside as (a) the cost
incurred in litigating this to a successful conclusion would exceed $9,500 with no meaningful ability to
receive any award, and (b) the cost incurred should plaintiff prevail would dwarf $9,500; and (2) the
County’s website is not fully ADA compliant, which gives plaintiff the ability to bolster his complaint as
discovery invariably leads to additional evidence of noncompliance. Accordingly, prior to engaging in
litigation or Court Ordered Mediation, the parties have agreed to enter into a Settlement Agreement,
subject to Board approval. If agreed to by the Board, the Settlement Agreement includes $8,500 for
attorney’s fees to plaintiff’s attorney, and $1,000 in damages to Mr. Gil, however no other direct costs or
fees would be due at this time. The plaintiff will dismiss this Complaint with Prejudice.
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07/09/2019
Among other considerations, the Settlement Agreement provides (1) two years for the County to “use
reasonable efforts to improve the accessibility for the blind and visually impaired users of the electronic
PDF documents generated by the County and posted on the website using WCAG 2.0 Level AA as a
guideline;” (2) the County to use good faith efforts to request that third-party content conform with
WCAG 2.0 Level AA and this Agreement; (3) non-admission of liability on behalf of the County; (4) “the
parties agree that this Agreement shall inure to the benefit of all visually impaired persons who utilize a
screen reader to access the website and PDF documents, of which visually impaired persons shall
constitute third-party beneficiaries to this Agreement;” and (5) for a period of three years, the Plaintiff’s
attorney agrees to cooperate and assist the County in the prevention of additional website accessibility
claims from being brought against the County.
This Settlement Agreement has been entered into by other local governments in the State of Florida.
Should minor edits be required following Board approval, Staff requests that the Board authorize the
County Manager, coordinating with the County Attorney, to make necessary edits and execute any
additional necessary documents to effectuate the settlement.
The County Attorney and Risk Management Director support this Settlement Agreement and recommend
Board approval for the following reasons:
1. The cost to defend this federal litigation could include the payment of attorney’s fees and costs to
the Plaintiff including the potential for compensatory (pain and suffering) damages to the
Plaintiff.
2. The County is in the process of engaging a consultant to use commercially reasonable efforts to
improve the County’s website accessibility for the blind and visually impaired.
3. The Settlement effectively buys the County two years to reach compliance, during which time
appropriate Federal Regulations may be enacted.
FISCAL IMPACT: Funds in the amount of $9,500 will come out of either the County’s General Fund
or Fund 516, Property and Casualty Insurance depending on the coverage opinion from the County’s
insurance carrier.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: For the Board to approve and authorize the Chairman to sign a Settlement
Agreement in order to settle the lawsuit styled Juan Carlos Gil v. Collier County, Florida, Case No. 2:19-
cv-00372-SPC-UAM now pending in the United States District Court, Middle District of Florida Fort
Myers Division and authorize the County Manager, coordinating with the County Attorney, to take any
additional administrative action necessary to finalize the Settlement documents.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Settlement Agreement (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 9520
Item Summary: Recommendation to approve and authorize the Chairman to sign a Settlement
Agreement to settle the lawsuit styled Juan Carlos Gil v. Collier County, Florida, Case No. 2:19 -cv-
00372-SPC-UAM now pending in the United States District Court, Middle District of Florida Fort Myers
Division and authorize the County Manager, coordinating with the County Attorney, to take any
additional administrative action necessary to finalize the Settlement documents.
Meeting Date: 07/09/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
07/02/2019 10:51 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2019 10:51 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 07/02/2019 10:53 AM
Administrative Services Department Len Price Level 1 Division Reviewer Completed 07/02/2019 11:16 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 07/02/2019 11:17 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 07/02/2019 11:26 AM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 07/02/2019 11:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2019 1:41 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2019 1:41 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and General Release ("Agreement") is entered into by and
between Juan Carlos Gil ("Plaintiff") and Collier County, FL ("Defendant") (Plaintiff and
Defendant are collectively referred to as the "Parties"), as follows:
RECITALS
WHEREAS, Plaintiff has filed a lawsuit against Defendant, styled Juan Carlos Gil v.
Collier County Case No. 2:19-cv-00372-SPC-UAM in the United States District Court, Middle
District of Florida, Fort Myers Division (the "Lawsuit"), seeking injunctive relief to remed y
alleged accessibility barriers on Defendant’s website, www.colliercountyfl.gov (“Website”)1 in
violation of Title II of the Americans with Disabilities Act (the "ADA") and Section 504 of
the Rehabilitation Act of 1973;
WHEREAS, Plaintiff alleges that he attempted to use the Website, but that the Website
did not integrate with his screen reader software and that the Website did not have any other
means of access for the visually impaired;
WHEREAS, Defendant owns and operates the Website or controls and causes the Website
to be operated on Defendant’s behalf, and which Defendant makes available to members of the
public to access with personal computers, laptops, mobile devices tablets, and other Internet-
connected devices;
WHEREAS, Defendant disputes, does not admit, and expressly denies the allegations set
forth above and in the Lawsuit and denies that the Website is in violation of Title II of the ADA
and Section 504 of the Rehabilitation Act of 1973; and
1 For the purposes of this Agreement, the term “Website” shall refer to and explicitly includes
Defendant’s web site, www.colliercountyfl.gov, Defendant’s mobile website, and any and all
mobile interfaces, microsites or micro websites, landing pages and/or applications owned and
operated b y Defendant.
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Packet Pg. 2599 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
WHEREAS, the Parties desire to avoid expense, time, effort, and uncertainty of further
litigation, have agreed to a full and final settlement of all claims that were or could have been
raised in the Lawsuit, including without limitation all ADA accessibility issues;
NOW THEREFORE, in consideration of the promises and the mutual covenants and
undertakings contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto agree to the fo llowing terms
and conditions as full and complete settlement of the Lawsuit and any and all claims related to
the action:
AGREEMENT
1. Corrective Actions/ Scope of Barriers Removal.
Within twenty-four (24) months of the Effective Date of this Agreement, Defendant shall
use commercially reasonable efforts to improve the accessibility for blind and visually impaired
users of the electronic PDF documents generated by the Defendant and posted on the Website
using WCAG 2.0 Level AA as a guideline.
Due to burden and cost considerations, the Parties agree that the enforcement of this
Agreement, including the provisions of this paragraph are prospective and not retroactive. Nothing
in this Agreement shall be construed to require retroactive access to any electronic PDF
documents posted on the Website prior to the Effective Date, and the Parties specifically agree
that the Defendant is not so required.
To the extent that some of the electronic PDF documents posted on the Website are not
generated by the Defendant and/or the Defendant allows third parties to post electronic PDF
documents to its Website, Defendant will use good faith efforts to request that such third -party
content conform with WCAG 2.0 Level AA and this Agreement; however, in no event shall the
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Packet Pg. 2600 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
foregoing provision be construed to impose liability and/or responsibility on the part of the
Defendant for electronic PDF documents and/or content that is generated and/or posted by third -
parties on the Website.
Regarding all electronic PDF documents and/or content that is generated b y the
Defendant and is posted on the Website as agenda items for commission, agency, department,
and/or board meetings (“Agenda Items”), Defendant may initially post such items on its Website
(regardless of accessibilit y) and label them as “Temporar y.” Within fifteen (15) business days,
Defendant will replace the initial posting of Temporary Agenda Items with an accessible version
of the electronic PDF documents and/or content that was generated b y the Defendant, unless it is
technicall y infeasible to make said Agenda Items accessible. In no event shall this provision
regarding Agenda Items be enforceable in the case of an emergency and/or natural disaster
situation which affects the normal operations of the Defendant.
The Parties acknowledge and agree that there exist both in-house and third-party, legacy,
historical, commercial, and vendor supplied systems and/or documents, including but not limited
to on-premises and cloud hosted service, management, catalog, billing, and mapping s ystems
(“S ystems”) and categories of electronic PDF documents that are technically infeasible or overl y
costly to make accessible, including but not limited to third-part y vendor contracts, third-part y
content, historical documents, and/or submissions and Agenda Items created, submitted, or posted
on the Website either in-house or b y third-parties (“Excepted Documents and Systems”). Nothing
in this Agreement shall be construed to require the Excepted Documents and Systems to be
accessible, and the Parties specifically agree that the Defendant is not so required. However,
Defendant agrees to provide access to the Excepted Documents and Systems if/when technology
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Packet Pg. 2601 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
makes it technicall y feasible and reasonably affordable to make the Excepted Documents and
S ystems accessible.
There will be no breach of this Agreement unless (a) an independent consultant
determines that a person with a visual impairment who has average screen reader competency
using a prominent commerciall y available screen reader such as Jaws, Voiceover, or NVDA in
combination with one of the following browsers (in versions of which that are currently supported
by their publishers): Internet Explorer, Firefox, Safari, and Chrome cannot reasonabl y access
information and services, including PDF documents, contained within the Website; and
(b) the Defendant fails to remedy the issue using reasonable efforts within a reasonable period of
time of not less than sixty (60) calendar da ys of receiving the accessibility consultant's opinion.
If the independent consultant determines that the reasonable time using reasonable efforts to
remed y the items found not to be usable will extend be yond sixty (60) days, then the Parties ma y
agree on a longer period of time without leave of Court so long as the extension is documented in
writing and executed by the Parties. If the independent consultant finds that a particular item
found not to be usable cannot be remedies using reasonable efforts, the County shall not be
obligated to remed y that item.
If legislation is passed modifying Title II of the ADA or if the United States Department
of Justice or an y other federal government entity promulgates final ADA Title II regulations
regarding website accessibility during the term of this Agreement, this Agreement shall
automaticall y, without further action by the Parties, be modified such that the Defendant shall be
required onl y to achieve compliance with the minimum requirements set forth in an y such
legislation or regulation within the timeframe for compliance set forth in such legislation or
regulation.
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Packet Pg. 2602 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
2. Dismissal of Action.
Upon execution of this Agreement, the Parties shall sign and file a Joint Notice of
Settlement and Stipulation of Dismissal with Prejudice of the Action and a related proposed
Agreed Order adopting the Parties’ stipulation and dismissing the case with prejudice, in the
forms collectively attached to this Agreement as Composite Exhibit A. The parties will also
submit to the Court a proposed Consent Order (attached hereto as Exhibit B) which incorporates
by reference and attaches this Agreement for entr y by the Court.
3. Attorneys' Fees, Costs, Expenses, and Payments.
Within thirty (30) days of the Court's dismissal of this Action with prejudice pursuant to
Paragraph 2 above, Defendant shall tender the sum total of Nine Thousand Five Hundred Dollars
and Zero Cents ($9,500.00) (“Settlement Payment”), in the form of a check payable to
"SCOTT R. DININ, P.A. IOTA," (Tax ID No. 90-0643694) in full and final satisfaction of
all attorneys ' fees, costs, other ex penses, general releases, damage claims, if any, of an y kind
incurred b y Plaintiff in connection with the Lawsuit. SCOTT R. DININ, shall provide to
Defendant’s counsel a 2019 Form-1099. Defendant shall bear its own attorney’s fees, litigation
expenses, and costs incurred in connection with this Lawsuit. Plaintiff shall bear all tax liability
associated with the Settlement Payment, if an y, and further agrees to indemnif y and defend
Defendant in connection with an y such tax liability. Allocation of Settlement Payment is as
follows:
a. $8,500.00 for attorneys’ fees and costs; and
b. $1,000.00 for an y and all damages to Plaintiff under Section 504 of the
Rehabilitation Act and for Plaintiff’s full general release.
4. Release.
In consideration of the promises and covenants contained in this Agreement, including
without limitation the voluntary accessibility remediation and attorneys’ fee payment described
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Packet Pg. 2603 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
in Paragraphs 1 and 3 above, Plaintiff voluntarily and irrevocabl y releases, acquits and forever
discharges all known and unknown legal or equitable claims, demands, liabilities, rights, debts,
judgments, damages, expenses, actions, causes of action, or suits relating to or arising out of the
Lawsuit against Defendant, its Website, and each of its affiliated organizations and entities and
their websites, domains and subdomains, employees, officers, directors, agents, attorneys,
predecessors, successors and assigns, attorne ys, and each of their respective heirs, executors ,
administrators, personal representatives, successors and/or assigns (collectively, the “Released
Parties” and “Released Parties’ Websites”) with regard to the accessibility of the Website together
with each Released Parties’ Websites, domain names, and/or sub domains. This release includes
without limitation all claims against the Released Parties that arise under Title III of the ADA,
Title II of the ADA, Section 504 of the Rehabilitation Act of 1973, the Florida Accessibility
Act, any claims for trespass of chattels, Florida Statute Section 760 and/or any other federal,
state or local law governing access features for persons with disabilities at public
accommodation, whether before any federal, state or local agency, in an y court of law, or before
any other forum relating to the Website, including all claims for attorneys' fees and costs, expert
fees, litigation expenses, or an y other amount, fee, and/or cost including compensatory, punitive,
and any other damages, if any, with the exception of the amount required to be paid b y the
Defendant pursuant to paragraph 3 of this Agreement. Notwithstanding the foregoing, this
release does not bar or otherwise limit claims for breach of any provision of this Agreement, or
any action taken to enforce an y provision of this Agreement.
5. General Provisions.
A. Governing Law. This Agreement and its construction shall be interpreted in
accordance with the ADA and, to the extent applicable, Florida law, without regard to Florida's
conflict of law principles.
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Packet Pg. 2604 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
B. If the Website is sold or closed down (unless it re-opens), or if Defendant ceases
to own, lease, lease to, or operate the Website prior to the conclusion of remedial measures
contemplated b y Paragraph 1 of this Agreement, as of that date, Plaintiff and Defendant shall no
longer be subject to the terms and conditions of this Agreement. Nothing herein shall prohibit
Defendant from selling, closing down, removing content, or otherwise terminating operations of
the Website. If the Website is otherwise rendered inoperable for any period of time due to loss of
power, network hosting/provider issues, equipment failure, or damage to Defendant's facilities
("Service Disruptions"), such Service Disruptions shall not constitute a breach of this
Agreement.
C. Defendant will only be required to make the modifications set forth in Paragraph
1 to the extent that the remedial measures are readily achievable. The Parties agree to cooperate
and negotiate in good faith to obtain a reasonable, readil y achievable, and workable alte rnative
solutions. In the event the Parties are unable to resolve any such issue(s), the Parties agree to
submit same to the Court for the Middle District of Florida for a final determination.
D. The Parties agree that any dela ys in making the modifications to the Website, as
provided for herein, caused by third-party vendors and/or consultants shall not be deemed to
violate the compliance dates contained herein, provided that Defendant provide notice to
Plaintiff, through his counsel, of the reasons for the dela y prior to the deadline for completion of
the modification and acts in good faith to complete the modifications set forth in Paragraph 1
within a reasonable time thereafter.
E. If, in the course of performing its obligations under this Agreement, Defendant
encounters conditions that render a modification to be technicall y infeasible or virtually
impossible or if completion of such modification would involve a significant financial burden,
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Packet Pg. 2605 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
then it shall provide written notice to Plaintiff’s attorney identifying which modification(s) are
technicall y infeasible, virtually impossible, or involve a significant financial burden, explaining
the reason(s) wh y such modifications are so, and, if possible, proposing alternate modification(s)
intended to provide equal or substantially the same access as the modification(s) determined to
be technicall y infeasible, virtually impossible, or involving a significant financial burden. In the
event the Parties cannot agree that a modification is technicall y infeasible, virtually impossible,
or involving a significant financial burden, or cannot agree that an alternate modification provides
access or substantiall y the same thereas, then the Parties agree to submit same to the Court for
the Middle District of Florida for a final determination.
F. In the event modifications required herein are not timely completed due to
acts of God, force majeure, or events beyond the control of Defendant, then, only to the
extent the failure to timely complete does not result from Defendant’s failure to act diligently
and in good faith and provided that, before the expiration of time for completion of the
requirements established hereby, Defendant provides Plaintiff’s counsel with written notice
of the specific non-compliance and the reasons therefore, the time requirements
established hereby shall be extended only to the extent necessitated by such acts of God or
other events beyond D efendant’s control. In the event the Parties are unable to agree to a
reasonable amount of additional time, the Parties agree to submit same to the Court for the
Middle District of Florida for a final determination.
G. The Parties stipulate that the modifications agreed to in this Agreement
constitute, for the purposes of Title II of the ADA and Section 504 of the Rehabilitation Act
of 1973, and all local laws, rules and regulations, and their implementing regulations and
standards, practicable measures for the removal of existing barriers to access to the Website.
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Packet Pg. 2606 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
H. Enforcement. Any action to enforce this Agreement shall be brought in a Court of
competent jurisdiction located in Collier County, Florida. The ADA and, to the extent applicable,
Florida law shall appl y in an y action to enforce this Agreement. The prevailing party, as defined
by the ADA, in any action to enforce this Agreement shall be entitled to their reasonable
attorneys' fees, paralegals' fees, litigation expenses and costs pursuant to 42 U.S.C. 12205.
I. Non-Admission of Liability. Nothing in this Agreement shall be deemed an
admission of wrongdoing or an admission of any violation of law by an y of the Released Parties.
Specificall y, neither this Agreement nor anything contained herein shall constitute or is to be
construed as an admission by Defendant, the Released Parties, or by an y officials, contractors or
agents of Defendant or the Released Parties of a violation of an y federal, state or local statute,
law, regulation, code, or ordinance (including the ADA), of any legal, common law or equitable
dut y owed b y Defendant to anyone, or as evidence of any other liability, wrongdoing, or unlawful
conduct. The Parties acknowledge that this Agreement has been entered into by the Parties to
avoid the costs and expenses of continued litigation and to settle disputed claims.
J. Authority. Each person executing this Agreement on a party’s behalf, has been
dul y authorized to sign on behalf of the respective part y and to bind each to the terms of the
Agreement.
K. Plaintiff represents and warrants that he has not received any promises or
agreements not expressl y contained in this Agreement, and is not relying upon any statements or
representations made by Defendant, its agents, attorneys, emplo yees, or persons acting on
Defendant’s behalf concerning the merits of an y claims or the nature, extent or duration of any
damages, or any other thing or matter, but is relying solely upon their own judgment and this
Agreement. Plaintiff furt her represents and warrants that he has not encountered and is not aware
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Packet Pg. 2607 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
of any other accessibility barriers of the Defendant’s Website, other than the barriers alleged in
the Lawsuit.
L. The Parties agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions that may be necessar y or appropriate to give full
force and effect to the basic terms and intent of this Agreement.
M. Entire Agreement. This Agreement contains the entire agreement between the
Parties with respect to the matters set forth herein, and no other statement, promise, or agreement,
either written or oral, made b y either part y or agents of either party, that is not contained in
this written Agreement shall be enforceable. This Agreement fully supersedes an y and all prior
agreements, statements, representations or understandings pertaining to the subject matter herein.
This Agreement shall be binding upon and inure to the benefit and/or detriment of (in the case
of obligations) the members, executors, administrators, personal representatives, heirs,
successors, and assigns of each part y. In the event that a court of competent jurisdiction
concludes that an y part of this Agreement is unenforceable, such portions shall be severed, and
all other portions shall remain valid and enforceable, provided that the Parties may still
effectivel y realize the complete benefit of the promises and considerations conferred hereb y.
N. No Knowledge of Potential Claimants/No Other Proceedings. As a material
inducement for Plaintiff’s and Defendant’s willingness to enter into this Agreement, each further
represent and warrant that they have not assigned, transferred, or purported to assign or transfer,
to any person, thing, corporation, association or entity whatsoever, an y claims released herein.
Plaintiff further represents and warrants that Plaintiff is unaware of any potential plaint iff,
putative class member, or other counsel who intends to make demands or bring litigation against
the Defendant and/or Released Parties based on the claims against the Defendant in this Lawsuit.
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Packet Pg. 2608 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
Plaintiff further represents and warrants that Plaintiff has not been notified nor otherwise informed
of an y such intention or consideration thereof. Plaintiff represents that, other than the Lawsuit,
Plaintiff has not filed an y charges, complaint, lawsuits, or other proceedings against the Defendant
and/or Released Parties arising from or relating to the claims in this Lawsuit with any court or
local, state, or federal agency charged with the investigation or enforcement of an y law. The
Parties expressl y intend and agree that this Agreement shall inure to the ben efit of all
visually impaired persons who utilize a screen reader to access the Website and PDF documents,
of which visuall y impaired persons shall constitute third-party beneficiaries to this Agreement.
Such third-party beneficiaries shall be entitled to enforce onl y the nonmonetary provisions of this
Agreement against the Defendant and/or Released Parties.
O. Drafting. The Parties acknowledge that each party has reviewed and revised this
Agreement and that the normal rule of construction that ambiguities are to be resolved against
the drafting part y shall not be employed in the interpretation of this Agreement.
P. Counterparts. This Agreement may be executed in counterparts and via facsimile
and/or electronic transmission (e.g. an executed agreement scanned into a pdf document and
exchanged by email), each of which shall be deemed an original and all of which taken together
shall constitute one and the same instrument. For the purposes of this Agreement all faxed and
scanned signatures shall be accepted as original signatures.
Q. Waiver. No waiver of any breach or other rights under this Agreement shall be
deemed a waiver unless the acknowledgment of the waiver is in writing executed by the party
committing the waiver. No waiver shall be deemed to be a waiver of any subsequent breach or
rights. All rights are cumulative under this Agreement.
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Packet Pg. 2609 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
R. Headings. The headings contained in the Agreement are for reference purposes
onl y and shall not in any wa y affect the meaning or interpretation of this Agreement.
S. Invalidation. Any term or provision of this Agreement that is invalid or
unenforceable in any situation in an y jurisdiction shall not affect the validity or enforceability of
the remaining terms and provisions hereof or the validity or enforceability of the offending term
or provision in any other situation or in any other jurisdiction. If the final judgment of a court of
competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the
Plaintiffs and the Defendant, agree that the court making the determination of invalidity or
unenforceabilit y shall have the power to reduce the scope, duration, or area of the term or
provision, to delete specific words or phrases, or to replace an y invalid or unenforceable term or
provision with a term or provision that is valid and enforceable and that comes closest to
expressing the intention of the invalid or unenforceable term or provision, and this Stipulation
shall be enforceable as so modified after the expiration of the time within which the judgment
may be appealed.
T. Time Is Of The Essence. The Parties further agree that time is of the essence in all
respects regarding this Agreement.
U. Cooperation. For a period of three (3) years following the full execution and/or
effective date of this Agreement, if Defendant receives any letters, actions, lawsuits, claims,
complaints, or investigations from any non-part y to this Agreement with accessibility claims or
allegations claiming violations of the ADA and/or Section 504 of the Rehabilit ation Act
involving the Website, Scott R. Dinin, P.A. shall cooperate and assist Defendant in the
prevention of the additional website accessibility claims from being brought against Defendant.
Scott R. Dinin, P.A.’s cooperation includes, but is not limited to, contacting the parties involved
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Packet Pg. 2610 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
in the additional potential website accessibility claims to discuss the existence or terms of this
Agreement (with Defendant’s pre-approval in writing for disclosure by Scott R. Dinin, P.A.), and
Defendant’s commitment to making the Website accessible
V. Dismissal/No Other Proceedings. Plaintiff represents that he has not filed or
participated in any complaints, claims or actions against the Defendant or the Released Parties
with any state, federal or local agency, court, or to their tribunal other than this Lawsuit, and that
Plaintiff will not do so at any time hereafter and any other claims relating to the Website arising
under the ADA Title III and Florida Statute Section 760, which may have arisen prior to
effective date of this agreement.
6. Communications.
All transmittals, deliveries, and communications required to be given under this
Agreement shall be delivered by electronic mail or b y FedEx. If to be given b y one party to
another party, they shall be delivered to the following addresses:
If to P LA INTIFF:
Scott R. Dinin, Esq.
SCOTT R. DININ, P.A.
4200 N.W. 7th Ave.
Miami, Florida 33127
srd@dininlaw.com
OR
J. Courtney Cunningham, Esq.
J. COURTNEY CUNNINGHAM, PLLC
8950 SW 74th Court, Suite 2201
Miami, FL 33156
cc@cunninghampllc.com
If to DEFENDANT:
Jeffrey A. Klatzkow, Esq.
Collier County Attorney's Office
3299 Tamiami Trail E, Suite 800
Naples, FL 34112-4902
Email: jeff.klatzkow@colliercountyfl.gov
16.K.6.a
Packet Pg. 2611 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
THE PARTIES AGREE THAT THIS AGREEMENT CONSTITUTES THEIR
ENTIRE AGREEMENT, THAT THEY HAVE READ AND UNDERSTAND ALL ITS
PROVISIONS AND REQUIREMENTS, AND THAT THEY ARE ENTERING INTO
THIS AGREEMENT VOLUNTARILY AND IN GOOD FAITH.
JUAN CARLOS GIL, individually
Dated
STATE OF
COUNTY OF
)
) ss:
)
SWORN TO AND SUBSCRIBED before me this day of , 2019 by
Juan Carlos Gil, who is ( ) personally known to me or ( ) produced as
identification and who did take an oath.
Notary Public,
State of at Large
(Printed Name of Notar y Public)
(Seal) My Commission Expires:
Scott R. Dinin, Esq.
Scott R. Dinin, P.A.
Counsel for Plaintiff
By:
Print Name:
J. Courtney Cunningham, Esq.
J. Courtney Cunningham, PLLC
Counsel for Plaintiff
By:
Print Name:
16.K.6.a
Packet Pg. 2612 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA
By: _________________________ By: ________________________________
William L. McDaniel, Jr., Chairman
Approved as to Form and Legality:
_______________________________
Jeffrey A. Klatzkow
County Attorney
16.K.6.a
Packet Pg. 2613 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
COMPOSITE EX HIBIT A
16.K.6.a
Packet Pg. 2614 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff,
vs.
COLLIER COUNTY, FLORIDA
Defendant.
/
JOINT NOTICE OF SETTLEMENT AND
STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff, Juan Carlos Gil ("Plaintiff") and Defendant, Collier County, Florida
("Defendant") (Plaintiff and Defendant are collectively referred to as the
"Parties"), having entered into a Settlement Agreement and Release ("Agreement")
that resolves all claims that were or could have been brought in this action, hereby
stipulate to the dismissal of this action with prejudice. The parties agree that the
Court shall retain jurisdiction of this matter pursuant to the Consent Order that has
been concurrently submitted to the Court.
16.K.6.a
Packet Pg. 2615 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
Jointly submitted this day of , 2019.
SCOTT R. DININ, P.A.
Co-Counsel for Plaintiff
Juan Carlos Gil
4200 N.W. 7th Avenue
Miami, Florida 33127
Telephone: (786) 431-1333
Facsimile: (786) 513-7700
By:
Scott R. Dinin, Esq.
Florida Bar No. 97780
inbox@dininlaw.com
COLLIER COUNTY ATTORNEY’S
OFFICE
Colleen M. Greene, Esq.
3299 Tamiami Trail E, Suite 800
Naples, Florida 34112-4902
Telephone: 239-252-8400
Fax: 239-252-6300
By:
Colleen M. Greene, Esq.
Florida Bar No. 502650
colleengreene@colliergov.net
J. COURTNEY CUNNINGHAM,
PLLC
Co-Counsel for Plaintiff,
Juan Carlos Gil
8950 S.W. 74th Court, Suite 2201
Miami, Florida 33156
Telephone: (305) 351-2014
Facsimile: (305) 513-5942
By:
J. Courtney Cunningham, Esq.
Florida Bar No. 628166
cc@cunninghampllc.com
16.K.6.a
Packet Pg. 2616 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff,
vs.
COLLIER COUNTY, FLORIDA
Defendant.
/
ORDER OF DISMISSAL WITH PREJUDICE
THIS CAUSE came before the Court on the parties' Joint Notice of
Settlement and Stipulation of Dismissal with Prejudice, and the Court, having
considered same, having reviewed the file, and being otherwise advised in the
premises, it is hereby ORDERED AND ADJUDGED:
All claims that were or could have been raised in this action are hereby
DISMISSED WITH PREJUDICE. Attorneys’ fees and other recoverable costs and
expenses, if any, shall be disbursed as specified by the Parties in the Agreement.
16.K.6.a
Packet Pg. 2617 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
DONE AND ORDERED in Chambers this day of , 2019.
The Honorable Sheri Polster Chappell
Copies furnished to: United States District Court Judge
All counsel of record
16.K.6.a
Packet Pg. 2618 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
EX HIBIT B
16.K.6.a
Packet Pg. 2619 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff,
vs.
COLLIER COUNTY, FLORIDA
Defendant.
/
CONSENT ORDER
WHEREAS, the parties of the above-entitled action have agreed upon a
Settlement Agreement embodying actions and remediation to be undertaken
regarding Defendant’s Website, www.colliercountyfl.gov; and
WHEREAS, the parties and the court have concluded that there is no further
need to litigate the issue of set forth in the Lawsuit because the parties have
mutually agreed to the entry of the attached Settlement Agreement as a Consent
Order in this case; and
WHEREAS, neither party waives their claims nor defenses by entering this
Agreement as a settlement order, and Defendant's assent is not an admission that
16.K.6.a
Packet Pg. 2620 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)
they have committed any violations of law,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, and parties
do hereby consent as follows:
1. That the attached Settlement Agreement be entered as a Consent Order
in this case binding upon the parties on both sides of this matter, their successors
in office, agents, employees, and all persons in active consent or participation with
them to the extent set forth and pursuant to the terms and conditions in the
Settlement Agreement. Moreover, this Agreement and Consent Order shall inure
to the benefit of all visually impaired persons who utilize a screen reader to access
the Website and PDF documents, of which visually impaired persons shall
constitute third-party beneficiaries to the Agreement. Such third party
beneficiaries shall be entitled to enforce the nonmonetary provisions of this
Agreement against the Defendant and/or Released Parties.
2. That the Court will retain jurisdiction for purpose of overseeing
implementation of the Agreement.
DONE AND ORDERED in Chambers this day of , 2019.
The Honorable Sheri Polster Chappell
Copies furnished to: United States District Court
Judge All counsel of record
16.K.6.a
Packet Pg. 2621 Attachment: Settlement Agreement (9520 : Settlement Agreement - Gil v Collier County - Case No. 2:19-cv-00372-SPC-UAM)