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Backup Documents 04/12/2022 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ll TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V K 4 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 CAK 3/29/22 4. BCC Office Board of County Commissioners WI bynet4 y/IL/ZZ 5. Minutes and Records Clerk of Court's Office rr PRIMARY CONTACT INFORMATION / 21 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 Colleen A. Kerins Phone Number 252-8400 Contact/Department Agenda Date Item was 04/12/22 Agenda Item Number 16K IA Approved by the BCC Type of Document Tiffany Wind Settlement Agreement Number of Original 1 Attached Documents Attached 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) 1. Does the document require the chairman's original signature? No/CAK/rev 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 CAK/rev 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 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 CAK/rev 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 CAK/rev si.nature 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 4/12/22 and all changes made during the N/A is meeting have been incorporated in the attached document. The County Attorney's c,I~ RV in option i Office has reviewed the changes,if applicable. t 9. Initials of attorney verifying that the attached document is the version approved by the tt BCC,all changes directed by the BCC have been made,and the document is ready for the IRJ Option fitt Chairman's signature. l his 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 6 ( 4 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on this I2ik day of f)Pr;1 , 2022, by and between TIFFANY WIND, hereinafter referred to as "Plaintiff," and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as "County." WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, in the case styled Tiffany Wind v. Collier County Board of Commissioners, Case No. 21-CA-2769 (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, accrued or unaccrued, 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, 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. 2. In consideration of the resolution of all disputes or claims arising from or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of one hundred fifty-five thousand dollars and no cents ($155,000.00) 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 herself, her heirs, successors and assigns, hereby expressly releases and forever discharges the 1 6K4 County, as well as its owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, contractors, representatives, successors, assigns, 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, accrued or unaccrued, known or unknown, to the incident that is the subject of 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 and heirs. 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 have 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. 2 6K4 10. Plaintiff agrees to satisfy and/or resolve all medical liens, releases the County for any claims for past and future medical bills, attorney fees, and all other expenses, costs, debts, or losses whatsoever, in any way connected to the incident described in the Lawsuit, which Plaintiff brought or could have brought in the subject Lawsuit. 11. This Agreement shall be governed by the laws of the State of Florida. 12. Notwithstanding anything that may be to the contrary in this Agreement, it is expressly agreed, acknowledged, and understood by the County and Plaintiff that this Settlement Agreement is not intended to release or discharge, and shall not release or discharge, Plaintiff's right to receive health insurance benefits to which she may now or may in the future be entitled under any existing or future health, accident, disability, or similar plan or policy of insurance providing such benefits. Plaintiffs right to receive any and all first party benefits of any kind whatsoever, is expressly reserved and is not released or discharged. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. By: ,1' U Tit y Wi c, aumff STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means a physical presence or online notarization, this,3_day of 7AALCA_J_ 22, by i ny Wind. (Signature o Notary Hie-State of Florida 0 (Print,Type,or Stamp Commissioners Name of Notary Public) _ Personally Known OR Z._Produced Identification Type of Identification Produced: rL- bo--""4 1cS`16G l...J 't, rA4 Duce"Oslo CVO'fmlt1a^a Hyr t t 1st/ n My Cowl rap„e%y1r/C.MS 1ondro to/he"Jt Doll"obey&tj 3 6 It 4 AS TO COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk BOARD OF C• ' _ •MMISSIONERS OF COLL ' ,t� b ' ID By: JV.C�. By: Will' r L. McDaniel, Jr., Chair.erson Date: , 012. Date: / Approved as to form and legalitiiisTILy ,. ear*me(Ink een A. Kerins Assistant County Attorney 4