Backup Documents 10/27/2020 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCMPANY ALL ORIGINAL ENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OF ICE FOR SIGNATURE 16 K 1
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 routingzlines#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 CMG 10/27/20
4. BCC Office Board of County
Commissioners / 6, '32).
5. Minutes and Records Clerk of Court's Office ` IoJpp7.40 /I'•3a
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 Marian Rhyne/Collier County Attorney's 239-252-8400
Contact/ Department Office
Agenda Date Item was October 27,2020 Agenda Item Number 16K1
Approved by the BCC
Type of Document Settlement Agreement and Mutual Release in the Number of Original 1
Attached lawsuit styled Cara McElderry v.Collier County, Documents Attached
et al.(Case No. 19-CA-2441),
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 MAR
2. Does the document need to be sent to another agency for additional signatures? If yes, MAR
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 MAR
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 MAR
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 MAR
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 MAR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip MAR
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 October 27,2020 and all changes made MAR
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
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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
16K1
MEMORANDUM
Date: November 2, 2020
To: Marien Rhyne
Office of the County Attorney
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Mutual Release with Cara
McElderry
Enclosed please find a copy of the agreement (Agenda Item #16K1)
referenced above, approved by Board of County Commissioners on
Tuesday, October 27, 2020.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
16K1
MEMORANDUM
Date: November 2, 2020
To: Brandon Baker, Analyst
Risk Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement & Mutual Release w/Cara
McElderry
Attached for your records is a copy of the documents referenced above, (Item
#16K1) approved by the Board of County Commissioners Tuesday, October 2, 2020.
The original agreement has been kept by the Board's Minutes & Records
Department as part of the Board's Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
I6K1
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this _-)'h day of 0(j-0/Del , 2020, by and between CARA
MCELDERRY, (hereinafter referred to as "Plaintiff') and COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS, including all other entities named as Defendants in the Lawsuit,
(hereinafter referred to as the "County").
W1TNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County. Florida, styled Cara ivlcEldeiiy v. Collier
County, et. al., Case No. 19-CA-2441 (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, successors, assigns, heirs,
departments, agencies 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:
1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", by reference into this Agreement.
[18-CA-20651147645211] 1
16K1
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 Four Thousand Five Hundred Dollars and 0/100 (S4,500.00) 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 owners, principals, elected
officials, officers. employees. ex-employees, agents, attorneys, contractors, representatives,
successors, assigns, insurers, heirs, departments, agencies and 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 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, elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, heirs,
and affiliates.
[18-CA-2065/1476452 1] 7
16K1
6, Plaintiff and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement 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.
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 the terms and conditions of this Agreement. 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.
11, Plaintiff shall be solely responsible for payment and satisfaction of all liens,
medical hills, and all other expenses, costs, debts. or losses arising out of, or anyway connected
to, injuries and/or damages suffered from the incident described in the Lawsuit which have been
or could have been brought in the Lawsuit, including but not limited to any attorney fees
incurred in the subject Lawsuit.
IN WITNESS WHEREOF. Plaintiff and the County have signed and sealed this
Agreement and Release as set forth below.
By: { /1
l 4-CA-2065,14764521
[ J
16K1
Cara McEldcrry. Plaintiff
STATE OF FLORIDA - i EXit‘-
COUNTY OF getttEiriMAA/15
Sworn to (or affirmed) and subscribed before me this 7+1 day of OC.-flher- . 2020, by
Cc.,r . l c.E icier ti , who is ( ,/) personally known to in or ( ) produced
identification. -
A„,
(Signatn e of Notary Public - State of Flofida) e-?<
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*, 010//2021 (Print. Type, or Stamp
,• ,l ,: NOTARY ID: ?Z098830-0 Commissioned Name of Notary ublic)
Commission Expires UA/01 /
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
-.: B •./ , _ ' - .;/4,41, _ ... .1 C67"-- By: stAf.,#.....A-.4001.aa--
urt L. Saunders, Chairman
sign Lure on!y.
Date: 1 0(3)0 Date: (O'al'Cab
Approved as to form and legality
P/ Atio(i_
J
C• een M. Greene
Assistant County Attorney
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Date
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[18-CA-2065,1476452%'WW 4 Deputy Clerk