Backup Documents 03/09/2021 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 CMG 3-17-21
4. BCC Office Board of County PT by JH/s/ 3-17-21
Commissioners
5. Minutes and Records Clerk of Court's Office
Y 3 +CZ4 t aft
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/County Attorney's Office Contact Information 239-252-8400
Contact/Department
Agenda Date Item was March 9,2021 Agenda Item Number 16K4
Approved by the BCC
Type of Document Settlement Agreement in the amount of$5,000 Number of Original 1
Attached to settle the lawsuit styled Michael Petraitis v. Documents Attached
Collier County Board of County Commissioners
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 N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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.
All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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 N/A
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 3/9/2021 and all changes made during the MAR
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 1
all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
16K 4
MEMORANDUM
Date: March 18, 2021
To: Marian Rhyne, Paralegal
County Attorney's Office
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement—Michael Petraitis
Enclosed please find a scanned copy of the agreement (Agenda Item
#16K4) referenced above, approved by Board of County
Commissioners on Tuesday, March 9, 2021.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure
1 6 K 4
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE(hereinafter referred to
as the"Agreement and Release")is entered into and made on this 'day of
41
2021, by and between NIICHAEL PETRAITIS, (hereinafter referred to as "Plaintiff') and Board
of County Commissioners for Collier County (hereinafter referred to as the"County").
WITNESSETH:
WHEREAS, Plaintiff filed 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 he 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
consideration set forth in this Agreement and Release, and with the intent to be legally bound,
Plaintiff and the 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 and Release.
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 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
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
themselves, their 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, 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
II
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 Plaintiff's 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 Plaintiffs 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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1_6K _
11. In the event of an alleged breach of this Agreement and Release, Plaintiff and the
County agree that all underlying causes of action or claims of Plaintiff have been extinguished by
this Agreement and Release and that the sole remedy for breach of this Agreement and Release
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.
12. This Agreement and Release shall be governed by the laws of the State of Florida.
13. Plaintiff and Plaintiff's attorney shall be solely responsible for any Medicare lien,
other liens,or Medicare Set-Asides.
I4. Plaintiff is responsible for any tax consequences or liabilities, if any, as a result of
this Settlement Agreement.
[Signature page to.follow.]
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16K 4
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
Date: Mayek I a1,9a'1
0.0�;F BOAR OF OUNTY COMMISSIONERS
Crystal Kinzel, C_lerk'. OF C L COUNTY, FL DA
• ..••Depots, C i► Penny Taylo , Chairman
IA ties as to Cfiaiiillat'S
tr„c4 ro only. /
Approved as to form and By:
legality: Mich.el Petraitis, Plaintiff
.olleen M. r eene
Assistant County Attorney
By:
enjamin orma ,
Attorney for Plaintiff
STATE OF FLORIDA
COUNTY OF Ore
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDAAAS SWORN TO and subscribed by Michael Petraitis
before me on this a,,S{''\ day of ret6r-i.4 , 2021.
Personally Known
Signature of N ublic or
Produced Identification
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires: ,0•,r,�.4• DAWN M.B RDO
* , Commission n: E�tres #Gp 933806
2023
OF F' &Mod RrV BudQit anter�
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