Agenda 03/09/2021 Item #16K 4 (Settlement Agreement to employment lawsuit)03/09/2021
16. K.4
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Settlement Agreement in the
amount of $5,000 to settle the lawsuit styled Michael Petraitis v. Collier County Board of County
Commissioners now pending in the 20t" Judicial Circuit in Collier County.
OBJECTIVE: To end an employment lawsuit now pending in Circuit Court.
CONSIDERATIONS: The Plaintiff, Michael Petraitis, is a former Collier County Parts Manager who
was employed by the Road Maintenance Division. Mr. Petraitis started in that position in a 3-month
probationary status, which was extended to a six-month probationary period. Mr. Petraitis was terminated
during the probationary period on or about January 2, 2020. Mr. Petraitis filed a Complaint in the 20'
Judicial Circuit in Collier County alleging a violation of Section 112.3187, Fla. Stat., known as Florida's
whistleblower's statute. The Complaint alleged general allegations of gross mismanagement,
malfeasance, misfeasance, nonfeasance, and/or neglect of duty. The County timely filed an Answer
denying the allegations.
The parties completed discovery including written discovery and the Plaintiff's deposition. The parties
were scheduled to attend Court -Order Arbitration on Friday, February 19, 2021; however the parties
reached a tentative settlement agreement on Thursday, February 18t' and agreed to a $5,000 payment by
the County, subject to Board approval. If agreed to by the Board, no other costs or fees would be due, as
the Plaintiff's attorney's fees would be paid out of this settlement sum. This settlement amount is
consistent with prior settlement amounts approved by the Board for similar employment claims.
The County Attorney and Risk Management Director support this Settlement Agreement and recommend
Board approval. The County Attorney is recommending that the Board accept this settlement for the
following reasons:
The cost of defense to present this case in a jury trial would far exceed the $5,000 settlement
agreement.
2. If the County does not prevail at the jury trial, then in addition to the legal fees we could expect to
incur, the County would be responsible under state law for plaintiff's attorney's fees, plus
whatever damages may be awarded by the jury.
3. The $5,000 settlement amount includes the Plaintiff's attorney's fees and costs and is considered
nuisance value for an employment claim with multiple allegations of violations of state law.
FISCAL IMPACT: Funds in the amount of $5,000 will come out of Fund 516, Property and Casualty
Insurance.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached
Settlement Agreement in the total amount of $5,000 to end an employment lawsuit styled Michael
Petraitis v. Collier County Board of County Commissioners, Case No. 20-CA-1171.
Prepared by: Jeffrey A. Klatzkow, County Attorney, and
Colleen M. Greene, Assistant County Attorney
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16. K.4
03/09/2021
ATTACHMENT(S)
1. Petraitis signed settlement agreement (PDF)
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16. K.4
03/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doe ID: 15164
Item Summary: Recommendation to approve and authorize the Chairman to sign a Settlement
Agreement in the amount of $5,000 to settle the lawsuit styled Michael Petraitis v. Collier County Board
of County Commissioners now pending in the 20th Judicial Circuit in Collier County.
Meeting Date: 03/09/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Jessica Hayes
03/02/2021 11:38 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
03/02/2021 11:38 AM
Approved By:
Review:
Risk Management
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
Budget and Management Office
County Attorney's Office
County Manager's Office
Board of County Commissioners
Jeff Walker
Additional Reviewer
Colleen Greene
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Laura Wells
Additional Reviewer
Mark Isackson
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Dan Rodriguez
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed 03/02/2021 1:41 PM
Completed 03/02/2021 4:37 PM
Completed 03/02/2021 5:42 PM
Completed 03/02/2021 5:51 PM
Completed 03/03/2021 8:06 AM
Completed 03/03/2021 8:52 AM
Completed 03/03/2021 9:34 AM
03/09/2021 9:00 AM
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16. K.4.a
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to
as the "Agreement and Release") is entered into and trade on this,_- 'day of
21021, by and between MICHAEL PETRAITIS, (hereinafter referred to as "Plaintiff') and Board
of County Commissioners For Collier County (hereinafter referred to as the "County")
WITNESSETH:
WHEREAS, Plaintiff Fled a lawsuit against the County in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, Case No.: 20-CA-1 171 (hereinafter
referred to as the "Lawsuit"); and
WHEREAS, Plaintiff and the County, without either party admitting any liability or fault,
desire 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 their settlement to a writing so that
it shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex -employees, agents, attorneys, representatives, insurers, spouses.
successors. assigns, heirs and affiliates; and
WHEREAS, Plaintiff and Plaintiff's attorney agree and covenant to fully comply with all
applicable Medicare laws, liens, and Set -Asides, specifically including Section 42 USC §1395y;
and
WHEREAS, Plaintiff agrees to be responsible for any tax consequences or liabilities, if
any, as a result of this Settlement Agreement.
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NOW, THEREFORE, in consideration of the mutual covenants, promises and
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consideration set forth in this Agreement and Release. and with the intent to be legally bound,
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Plaintiff and the County agree as follows:
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I . Plaintiff and the County adopt and incorporate the foregoing recitals. sometimes
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referred to as "Whereas Clauses," by reference into this Agreement and Release.
2. In consideration of the resolution ofall disputes or claims arising from or referring
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or relating in any way. whether directly or indirectly, to the Lawsuit, and for and in consideration v
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of the sum of Five Thousand Dollars and 00/100 ($5,000.00) and other valuable consideration, the
receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the N
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Lawsuit with prejudice.
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3. In consideration of the resolution of the Lawsuit, and for other good and valuable M
consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff; on behalf of
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themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby i,
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expressly releases and forever discharges the County, as well as its elected officials, officers.
employees, ex -employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees,
expenses and obligations of any kind or nature whatsoever that they have 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 and Release, Plaintiff and the County agree that either of them (as well as any other
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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 and Release.
5. Plaintiff and Plaintiffs attorney agree and covenant to fully comply with all
applicable Medicare laws, liens, and Set -Asides, specifically including Section 42 USC §1395y.
6, Plaintiff and County mutually agree that this Settlement is for compensatory (non -
wage related) damages only, as the Parties agree that there are no lost wages associated with
resolution of the Plaintiff's claims.
7. Plaintiff and the County acknowledge and agree that this Agreement and Release
is intended to and shall be binding upon their respective principals, officials, officers, employees,
ex -employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs, and
affiliates.
8. Plaintiff and the County recognize and acknowledge that this Agreement and
Release memorializes and states a settlement of disputed claims and nothing in this Agreement
and Release 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.
9. Plaintiff and the County acknowledge and agree that this Agreement and Release
is the product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement and Release 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.
10. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as this
Agreement and Release,
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16. K.4.a
In the event of an alleged breach of' this Agreement and Release. Plaintiff and the
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County agree that all underlying causes of action or claims of Plaintiff have been extinguished by
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this Agreement and Release and that the sole remedy for breach of this Agreement and Release a,
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shall be for specific performance of its terms and conditions or any damages arising from the
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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.
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12. This Agreement and Release shall be governed by the laws of the State of Florida. v
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13. Plaintiff and Plaintiffs attorney shall be solely responsible for any Medicare lien, v
other liens, or Medicare Set -Asides. 0
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14. Plaintiff is responsible for any tax consequences or liabilities, if any, as a result of a,
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this Settlement Agreement.
[Signature page toffillow.]
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16. K.4.a
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
Date:
ATTEST:
Crystal Kinzel, Clerk
Deputy Clerk
Approved as to form and
legality:
" .ollecn M. Greene
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ME
Penny Taylor, Chairman
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tis, Plaintiff
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Attorney for Plaintiff
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDAAAS SWORN TO and subscribed by Michael Petraitis
before me on this day of t' , 2021.
Personally Known s/
Signature of N y ublie or
Produced Identification
Commissioned Name of Notary Public
( Please print, type or stamp)
My Commission expires:
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Type of Identification Produced
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