Backup Documents 09/13/2022 Item #16K5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
• TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RE1 6 K -
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
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 1/13
4. BCC Office Board of County
Commissioners Val 4, map/ et/(3
5. Minutes and Records Clerk of Court's Office
4V.".611 (22 4'.IW'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 09/13/22 Agenda Item Number 16 K-5
Approved by the BCC
Type of Document PWC, LLC 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
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 9/13/22 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.
I:Forms/County Forms/I Please return copy to Colleen A. Kerins d 1.26.05,Revised 2.24.05;Revised 11/30/12
County Attorney's Office
i 6K5
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, September 16, 2022 9:23 AM
To: 'Colleen.Kerins@colliercountyfl.gov'
Subject: Item #16K5 (9-13-22 BCC Meeting)
Attachments: Item #16K5 (9-13-22) Settlement Agreement.pdf
Good Morning CoIteevt,
Please see the attached for your records.
Thank you!
rAnn Jennejohn
13MR Senior Deputy Clerk 11
Clerk to the Value Adjustment Board
Office: 23 9-252-840G
Fax: 239-252-8408 (if applicable)
Ann.Jemilejohn@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
32ci9 Tamiami Trail, Suite *401
Naples, FL 34112-5324
www.CollierClerk.com
1
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MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ("Agreement") is made and entered into
this 13 day of September 2022, between the Board of County Commissioners of Collier
County, Florida, and as Ex-officio the Governing Board of the Collier County Water-Sewer
District (referred to hereinafter as the "County") and PWC, LLC ("PWC"), collectively referred
to as the "Parties" or individually as "Party."
WHEREAS, disputes have arisen between the Parties related to the construction of the
South County Regional Water Treatment Plant (SCRWTP) Belt Filter Press Replacement
Project, Invitation to Bid No. 19-7590 (the "Project"); and
WHEREAS, the Parties deny liability to one another for any and all claims regarding the
business dealings between the Parties; and
WHEREAS, the Parties to this Agreement wish to fully settle and resolve all existing and
potential disputes pertaining to the amounts owed to each other arising from the Project at issue;
NOW, THEREFORE, in consideration of each and all of the mutual covenants, promises
and considerations set forth herein, the sufficiency of which is hereby acknowledged by the
Parties, the Parties do hereby agree as follows:
1. Incorporation by reference. The Parties agree to adopt and incorporate the
foregoing recitals, sometimes referred to as "Whereas clauses," by reference into this Agreement
as though fully rewritten herein.
2. Non-admission of liability. It is understood and agreed that this Agreement is the
compromise of disputed claims, and that any payment made hereunder is not to be construed as
an admission of liability, fault or responsibility as to any claims or allegations on the part of any
party, which liability is and has been expressly denied.
[21-PUE-00615/1740416/1]
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3. Settlement Payment. In consideration of the Release set forth below, PWC
agrees to forfeit its right to payment of any sums in addition to the amounts already paid by the
County, and PWC agrees to pay to the County a total of Thirty-Five Thousand Dollars and Zero
Cents ($35,000.00) (the "Settlement Amount") in resolution of the County's Claim. The Parties
acknowledge that the Settlement Amount is being paid to the County as a compromise and in
consideration for the settlement of all claims that the County has or may have against PWC, its
subcontractors, and suppliers arising out of or related to the Project or Bid / Agreement No. 19-
7590. Payment shall be made payable to the "Board of County Commissioners of Collier
County, Florida, Ex-officio the Governing Body of the Collier County Water-Sewer District."
The Parties acknowledge that amounts owed by each Party to the other Party are being
compromised in consideration for the settlement of the claims related to Project or
Bid/Agreement No. 19-7590, and neither party shall seek any future compensation, of any sort,
from the other related to Project or Bid/Agreement No. 19-7590.
As part of this Agreement, the County will maintain possession of the belt filter press, with no
additional expense required by the County to compensate PWC under the Agreement and related
Purchase Order for the Project, and the County may repurpose, resell, or dispose of the belt filter
press as it sees fit and with no obligation to return the belt filter press to PWC, or any of its
subcontractors.
4. Release. Each party on behalf of itself, its officers, owners, employees, ex-
employees, predecessors, successors, and assigns shall and hereby does fully, finally,
unconditionally and forever release, acquit, remise, satisfy and forever discharge every other
party to this settlement agreement, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from
[21-PUE-00615/1740416/1]
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any and all matter of action or actions, cause or causes of action, suits, debts, dues, sums of
money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts,
promises, judgments, executions, claims, complaints, legal or equitable, whether known or
unknown, which the parties have asserted, could have asserted or may have each other that relate
or refer in any way to or arise directly or indirectly from the Project or Bid/Agreement No. 19-
7590 from now through the end of the world. PWC hereby agrees to indemnify and hold harmless
the County from any and all claims, liens, demands, counts, rights, liabilities, damages, injuries,
actions, suits, accounts, debts, sums of money, covenants, contracts, warranties, violations, and/or
controversies from any subcontractors, subcontractors' insurers, and any of their respective
affiliates, contractors, subcontractors, engineers, architects, suppliers, materialmen, consultants,
and trades related to Project or Bid/Agreement No. 19-7590.
5. Voluntary Execution/Role of Legal Counsel. The Parties acknowledge that this
Agreement is freely and voluntarily executed, that the Parties have been apprised of all relevant
information concerning this Agreement, and that the Parties have had the opportunity to consult
with and receive the advice of legal counsel in entering into this Agreement. In executing this
Agreement, the Parties acknowledge that they do not rely on any inducements, promises, or
representations other than those contain herein. In this regard, the Parties acknowledge that this
Agreement is the product of mutual negotiation and no doubtful or ambiguous provision that
may exist in this Agreement is to be construed against any of the Parties based upon a claim that
one of the Parties drafted the Agreement, or that the language of the Agreement was intended to
favor one of the Parties.
[21-PUE-006 1 5/1 7404 1 6/1]
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6. Governing law. This Agreement shall be deemed to have been made and to be
performed, and shall be interpreted, construed, and enforced, in accordance with the laws of the
State of Florida.
7. Complete Agreement. The Parties acknowledge that in deciding to execute this
Agreement and then in executing this Agreement, they have not relied upon any agreement,
statement, or representation that is not specifically set forth herein, that this Agreement contains
the entire agreement between the Parties hereto regarding the resolution of their disputes and
PWC's Claims arising out of or related to the Project or Bid / Agreement No. 19-7590, and that
the terms of the Agreement are contractual and not mere recitals.
8. Modifications. This Agreement cannot be amended, modified or amplified except
by agreement and written document, which is signed by all Parties hereto. No oral statement
made by any person shall operate to modify this Agreement in any manner or otherwise affect its
terms and provisions.
9. Severability. In the event that any term or provision of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed
enforceable and in effect.
10. Enforceability. This Agreement is effective and binding upon the Parties as of
the date it is executed on behalf of the County and on behalf of PWC (the "Effective Date"), and
is subject only to the Board of County Commissioners of Collier County, Florida approving the
Agreement at its duly noticed meeting of September 13, 2022.
11. Non-Waiver. The failure of any party to enforce at any time any of the provisions
of this Agreement shall not constitute a waiver of any such provisions.
[21-PUE-006 1 5/1 7404 1 6/1]
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12. Authority to Bind. The signatories hereto each warrant and represent that they
have the requisite authority to enter into this Agreement on behalf of the respective party, and
this Agreement is subject only to the Board of County Commissioners of Collier County, Florida
approving the Agreement at its duly noticed meeting of September 13, 2022.
ATTEST: BOARD OF COUNTY COM IISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA, and
And Comptroller as Ex-officio the Governing Board of the Collier - • _
;-County Water- , ' t ° ,
61,2 ,
13y: DC. By: r`
i Q.
, errf Courts illiam L. McDaniel, Jr., Chairperson
Date: litt Date: V/3/2 z
_r
Attest.as Chairman s
Approves a tto corm and legality:
Co leen A. Kerins
Assistant County Attorney
[21-PUE-00615/1740416/1]
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PWC,LLC
BY:
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WITNESSES.
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