Backup Documents 02/09/2021 Item #16K3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 3
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 routinglines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documcn1 mpletc with t -
P g aPP P � t is already w,uyn.w u.,.
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist.and forward to ilic Corr,: •: y
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. Risk-Management Risk-Management
3. County Aiweus.y Gffiw County Attorney Glllce Stitt 2-1 /-21
4. BCC Office Board of County �'�:�'� � /s/ 2-17-21
Commissioners
5. Minutes and Records Clerk of Court's Office
°41 g41/V't
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 foi additional of missing iufulutatiun.
Name of Primary Staff Jessica Hayes/County Attorney's Office Phone 239-252-8400
Contact/ Department
Agenda Date Item was February 9,2021 Agenda Item Number 16K3
Approved by the BCC
Type of Document Partial Settlement Agreement in the lawsuit Number o;Original -
Attached pending as Board of County Commissioners Documents Attached
of Collier County,Florida v.Certain
Underwriters at Lloyd's of London,et al;
Case No. 18-CA-2727
PO number or account
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)
document require the chairman's Origi .1 signature?STAMP rIK. N'A
I. Does the de_----------=1=-'- a------=-a-----:---- __-
2. Does the document need to be sent to another agency for additional signatures? If yea, NT'
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 JMH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. An!- r.�. ^"�.. - -' -.a._.. "--`----":"-I r —!
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 JMH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropri2t ' ' 1: ♦: V...1., .- "'--- TX Art
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE
Sonic docuiiii i1tJ aic JVIIJIIiYr i uii.. ivi vr,u uiiia,w l Ul1W lUJJVV Yr • Y VV.1.Ylll
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 9,2021 and all changes made JMH
.
during ibr frig 1:::_ .
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 i'reat for th ♦• A
�Chh(aiirrman�s signature. l ( (L��Q ��
I:Forms/County Forms/BCC Fo C s/-Or a-I Docu i tStS'FtoGtingp WK16rigi al 9. 04, evised 1 6.05,Rev -d 2.2, ' ;Revised 11/30/12
- f /eo unlit a- COPS �-o rkerlek �a,W-Virn)(y'tS• Cam
1 6K 3
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, February 18, 2021 10:40 AM
To: CaseCarleton
Subject: Item #16K3 Settlement Agreement (2-9-21 BCC Meeting)
Attachments: Backup Documents 02_09_2021 Item #16K3.pdf
Good Morning Carletovt,
An executed copy of Item #16K3, from
the February 9, 2021 BCC Meeting
is attacked for your records.
Thank you!
Ann Jennejohn
13MR Senior Deputy Clerk II
t .LTt�K.,, Clerk to the Value Adjustment Board
Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.cow
*,r,, Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tavvtiavvti Trail, Suite #4O1
Naples, FL 34112-5324
www.CollierClerk.covtn
16K3
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, February 18, 2021 10:49 AM
To: 'rkerlek@lawfirmnaples.com'
Subject: Collier County Settlement Agreement (Collier County No. Case 18-CA-27272)
Attachments: Collier County Settlement Agreement.pdf
Good Morning Rachel,
An executed Settlement Agreement, approved by the
Collier County 13CC ovt February q, 2021, regarding
the above referenced case is attached for your
records.
Thank you.
Ann Jenne,%otin
13MR Senior Deputy Clerk II
, (It Clerk to the Value Adjustment Board
A$*ti Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennjohn@CollierClerk.cow
� Office of the Clerk of the Circuit Court
"� & Comptroller of Collier County
3299 Tawiawu Trail, Suite #401
Naples, FL- 34112-5324
www.CollierClerk.cowt
i
1 6 K 3
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement") is made and
entered into by and between Board of County Commissioners of Collier County, Florida
("County") and Insurance and Risk Management Services, Inc. ("IRMS"); the County and IRMS
may hereinafter be collectively referred to as the "Parties" or individually as a "Party."
WHEREAS, a dispute arose between the Parties, which is styled as the following: Board
of County Commissioners of Collier County, Florida v. Certain Underwriters at Lloyd's of London,
et al.; Collier County Case No. 18-CA-27272 (the "Litigation");
WHEREAS, the Parties have resolved their differences and desire to reduce their
settlement understanding to a writing so that it shall be binding upon each of them, as well as
their respective owners, principals, officers, employees, ex-employees, agents, representatives,
insurers, successors, assigns, grantees and affiliates.
NOW THEREFORE, in consideration of the foregoing premises and the following mutual
promises (the receipt and sufficiency of such consideration being acknowledged by all Parties),
the Parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated by
reference.
2. Effective Date. The "Effective Date" of this Agreement is the date this Agreement
is signed by the last of the Parties.
3. Denial of Liability. No Party is admitting wrongdoing, fault, or liability of any
nature by entering into this Agreement.
4. Payment by IRMS. IRMS shall pay, or shall cause to be paid on its behalf, to the
County the total sum of Two Hundred Thousand and 00/100 ($200,000.00) within twenty (20)
days of the Effective Date. Payment may be made by check or wire, with wire instructions to be
provided by Counsel for the County upon request.
5. Dismissal of Litigation. Within five (5) days of receipt of payment made pursuant
to Paragraph 4 of this Agreement, the County shall file a Notice of Dismissal with Prejudice of all
pending claims against IRMS in the Litigation. Each of the Parties shall bear its own attorneys'
fees and costs in connection with the Litigation, except as otherwise provided in this Agreement.
6. Release and Discharge. Except for the obligations set forth herein, each Party
hereby releases, acquits, satisfies, and forever discharges every other Party (including any and
all employees, officers, directors, successors, assigns, legal representatives, insurers (including
but not limited to Liberty Mutual Insurance and IronPro Professional Liability), attorneys and
agents of the released Party) of and from any and all, and all manner of action and actions, cause
and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, executions, claims, and demands whatsoever, in law or in equity, which
each Party had, now has, or which any employees, officers, directors, successors, assigns, legal
representatives, insurers, attorneys or agents of the releasing Party, hereinafter can, shall or may
have arising out of, or relating to the Litigation from the beginning of the world to the day of this
Agreement.
16K3
7. Authority to Enter into Agreement. Each Party represents and warrants, with
respect to itself, that the execution and delivery of this Agreement has been authorized by all
necessary actions of each Party, and that this Agreement constitutes the legal, valid, and binding
agreement of each Party, enforceable in accordance with its terms.
8. Enforcement of the Settlement Agreement. This Agreement is subject to
enforcement under Rule 1.700, et seq. of the Florida Rules of Civil Procedure. The Agreement
is the joint product of the Parties, and shall not be construed against any Party as the drafter.
9. Governing Law and Venue. This Agreement and all other documents executed
in connection with this Agreement are governed by and shall be interpreted under Florida law.
The sole and exclusive venue for any litigation among the Parties that may arise out of, or is
related to this Agreement, or any documents executed in connection with this Agreement shall be
a court of competent jurisdiction in and for Collier County, Florida.
10. Enforceability. In the event that any provision of this Agreement is found to be
void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or
in part, shall continue to be enforceable to the greatest extent allowed by law and to the same
extent as if the void or unenforceable provision were omitted from the Agreement.
11. Cooperation. The Parties hereby agree to cooperate and work in good faith to
carry out the terms of this Agreement and to execute or prepare any other documentation
necessary to effectuate the terms of this Agreement.
12. Entire Settlement Agreement. This Agreement contains the entire agreement
between the Parties, and all prior or contemporaneous negotiations or representations are
merged into this Agreement.
13. Paragraph Headings. Captions and paragraph headings in this Agreement are
for convenience and reference only and do not define, describe, extend or limit the scope or intent
of this Agreement or any provision herein.
14. Attorney's Fees for Breach of Agreement. In the event any Party breaches this
Agreement, the party having to enforce this Agreement shall be entitled to recover its attorney's
fees and costs, through litigation and any and all appeals.
15. Counterparts and Facsimile Signatures. This Agreement may be executed in
counterparts with each copy being deemed an original. A facsimile signature on this Agreement
will be deemed to be equivalent to an original signature.
IN WITNESS WHEREOF, the parties hereto have set their hands on the date indicated
herein.
Signed, sealed and delivered in the presence of:
2
l6K3
INSURA C A IS N GEMENT SERVICES,
r/IQ1 a
INC.
Date By:
Print Name: • -" Meii--zL•G
Its: Ci2-E S r D E.
AS TO COUNTY:
ATTEST: BOARD 0 OUNTY C IS ONERS OF
CRYSTAL K. KINZEL, Clerk COLLIE NTY, FLORID
By: • By:
Date: Print Name: 'PQ,ny '% r
ttest as to Chairman's
Approlre �1 rlity Its: C NCiNc?e_C':SOrI
Jeffrey C kow, Esq,
Count A rney
Item# I�✓3
Agenda
D
Date a-tO-a I
Rec'd
3 �1_ .
Deputy Cie fp