Backup Document 06/14/2022 Item #16K5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 5
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 6/9/22
4. BCC Office Board of County
Commissioners VA fii /5/ 6/Pi
5. Minutes and Records Clerk of Court's Office � ttr��1/V � T37,4ix-%
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 Colleen A. Kerins Phone Number 252-8400
Contact/Department
Agenda Date Item was 6/14/22 Agenda Item Number 16K 5
Approved by the BCC
Type of Document Kristen Jasinkski Settlement Agreement Number of Original I
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
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 6/14/22 and all changes made during the CAK/rev N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the CAK/rev N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
Please Expedite and send email copies
I:Forms/County Forms/BCC Forms/( to Colleen.Kerins@colliercountvflg.gov ,vised 2.24.05;Revised 11/30/12
and Rosa.Villarreal@colliercountyfl.gov
16K5
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, June 15, 2022 12:40 PM
To: 'Colleen.Kerins@colliercountyfl.gov'
Subject: Settlement Agreements (6-14-22 BCC Meeting)
Attachments: Item #16K5 (6-14-22 BCC Meeting).pdf; Item #16K7 (6-14-22 BCC Meeting).pdf
Please see the attached executed
settlewtevtt agreewtevtts For your records.
Thavtk you
Ann Jenne,jotin
T3MR Sevtior Deputy Clerk II
40r.11 try.,, Clerk to the Value Adjustment Hoard
d`'y
Office: 23 q-252-8406
Fax: 23q-252-8408 (if applicable)
Avutt.Jemejohvt@CollierClerk.com
•
r"•,f le Office of the Clerk of the Circuit Court
& Comptroller of Collier County
32gg Tawtiawti Trail, Suite #401
Naples, FL 34112-5324
www.CollierClerk.cowt
i
1 +6K5
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this t'-f "day of 31/4,,r.e , 2022, by and between KRISTEN
JASINSKI, 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 Kristen Jasinski
v. Collier County Board of Commissioners, et al. Case No. 21-CA-851 (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, insurers of the County, successors,
assigns, heirs, departments, and agencies.
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
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 no cents ($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 as it relates to the County.
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, heirs, successors and assigns, hereby expressly
[21-CA-851/1717714/1] 1
i6K5
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 of the County, heirs, departments, and agencies, 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 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 of the County, 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 against the County 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
[21-CA-851/1717714/11 2
1 b1( 5
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. Plaintiff agrees to use the proceeds of the settlement funds for the payment and
satisfaction of all liens, past and future medical bills, attorney fees, and all other expenses, costs,
debts, or losses whatsoever, arising out of or in any way connected to the incident described in
the Lawsuit, which Plaintiff brought or could have brought in the subject Lawsuit. The Plaintiff
agrees to be solely responsible for complete payment all other obligations out of the settlement
proceeds, including any future medical bills.
11. The Plaintiff hereby agrees to indemnify and hold harmless the County from any
and all claims and/or liens and/or subrogated interests, including but not limited to worker's
compensation liens, health insurance liens, Medicaid / Medicare liens, Social Security and any
and all attorney's liens and charging liens herein.
12. This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement
and Release as set forth below.
Kristen asinski, laintiff
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by ans of e-physical
presence or_online notarization,this? day of it , by Kristen Jasinski.
WESLEY JASINSKI (Signature of No ublic-State of Florida
Notary Public-State of Florida
•? Commission U HH 50096
'�� My Commission Expires ✓`�
""'� October 04, 2024 (Print, Type, o S Commissioners
Name of Notary Public)
4ersonally Known OR_Produced Identification
Type of Identification Produced:
[21-CA-851/1717714/1] 3
16K5
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF C' f4,' - . '! MISSIONERS
OFC9LeLI ►'(.j, • ' D
y: By: --+�'1 ._
Will'• L. McDaniel, Jr., Chairperson
Date` e an's Date: 6/�y/Z•
•
Apprd<riskt#0Vand legality
(7\ '
lleen . Kerins
Assistant County Attorney
[21-CA-851/1717714/1] 4