Agenda 07/11/2023 Item #16K 3 (Execute settlement agreement and Release in the case of Collier County Commissioners v. Rachel Jimenez Lopez)16. K.3
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement and Release in
the case of Collier County Board of County Commissioners v. Rachel Jimenez Lopez (Case No. 23-SC-1174)
now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
concerning the recovery of damages for the repair of Collier County property totaling $7,956.38 plus $371.40
in litigation costs for a total sum of $8,327.78.
OBJECTIVE: For the Board of County Commissioners to authorize the Chairman to execute a Settlement
Agreement and Release in the case of Collier County Board of County Commissioners v. Rachel Jimenez Lopez
(Case No. 23-SC-1174) now pending in the County Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, concerning the recovery of damages for the repair of Collier County property totaling $7,956.38
plus $371.40 in litigation costs for a total sum of $8,327.78.
CONSIDERATIONS: On September 27, 2020, Rachel Jimenez Lopez was driving her vehicle near the
intersection of Livingston Road and Pine Ridge Road when she lost control of her vehicle and damaged a
streetlight. The County incurred damages in the amount of $7,956.38 for the replacement of the streetlight.
The Board approved the filing of a lawsuit against Rachel Jimenez Lopez on April 25, 2023. Ms. Jimenez agreed to
pay the full cost of damages and litigation costs at the June 9, 2023, Pre -Trial Conference and has entered into a
payment plan to pay a minimum of $138.80 per month for 60 months in order to reimburse the County the full
amount of the damages and the costs incurred in litigation.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement.
FISCAL IMPACT: Execution of the agreement will result in a payment to the County for $8,327.78 for
damages and litigation costs. Monthly payments of at least $138.80 will be delivered to the Risk Management
Division and deposited into the appropriate divisional accounts.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This settlement agreement and release has been reviewed by the Office of the
County Attorney, is approved as to form and legality and requires majority vote for approval. - CAK
RECOMMENDATION: For the Board to approve and authorize the Chairman to execute a Settlement Agreement
and Release in case of Collier County Board of County Commissioners v. Rachel Jimenez Lopez (Case No. 23-SC-
1174) now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
Michael K. Quigley, Risk Management Division Director
ATTACHMENT(S)
1. Settlement Agreement -Jimenez Lopez (PDF)
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16. K.3
07/ 11 /2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 25927
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement and
Release in the case of Collier County Board of County Commissioners v. Rachel Jimenez Lopez (Case No. 23-SC-
1174) now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida,
concerning the recovery of damages for the repair of Collier County property totaling $7,956.38 plus $371.40 in
litigation costs for a total sum of $8,327.78.
Meeting Date: 07/11/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Rosa Villarreal
06/21/2023 1:15 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/21/2023 1:15 PM
Approved By:
Review:
Risk Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Quigley
Additional Reviewer
Colleen Kerins
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/21/2023 1:36 PM
Completed
06/21/2023 3:19 PM
Completed
06/21/2023 3:22 PM
Completed
06/21/2023 3:32 PM
Completed
06/27/2023 9:50 AM
Completed
07/03/2023 11:53 AM
07/11 /2023 9:00 AM
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16.K.3.a
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 19"' day of June 2023, by and
between Rachel Jimenez Lopez and Collier County, a Subdivision of the State of Florida
(hereinafter "Collier County")
RECITALS
WHEREAS, Plaintiff and the Defendant, 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 unacerued, to the incidents
described or allegations made in the complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the Defendant desire to reduce the settlement to writing so that
it shall be binding upon both parties' respective owners, principals, elected officials, officers,
employees, ex -employees, agents, attorneys, representatives, insurers, successors, assigns, heirs,
departments, agencies and affiliates.
WHEREAS, Rachel Jimenez Lopez acknowledges the property damage resulting from
the September 27, 2020, incident totaled $7,956,38, and Plaintiff's costs totaled $371,40 for a
total sum of $8,327,78.
NOW, THEREFORE, in consideration thereof, Rachel Jimenez Lopez and Collier
County agree as follows;
L 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 eight thousand three hundred and twenty-seven dollars and seventy -
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16.K.3.a
eight cents ($8,327.78) and other valuable consideration, Plaintiff agrees to dismiss the Lawsuit
with Prejudice.
2. Rachel Jimenez Lopez agrees to pay the balance of the total damages of
$8,327.78 in form of monthly payments of at least $138.80 per month commencing on the first
of the month immediately following the execution of this Agreement and continuing each month
thereafter on the first of that month for 60 months or until paid in full, whichever occurs first. If
first of the month falls on a weekend or holiday, then the payment shall be made on the
following business day.
3. Payments will be made by certified check or money order including the claim
number 5010022010699 and date of loss October 2 2020 on the memo line made payable to
"Collier County Board of County Commissioners" and mailed or hand delivered to the Collier
County Risk Management Department, Attn.: Greily Gonzalez, Manager, Risk Finance, 3311
Tamiarni Trail, East, Building D, Naples, Florida 34112.
4. Rachel Jimenez Lopez further agrees, that should she fail to make the required
minimum monthly payment, she will have five (5) calendar days to cure such a default and make
the payment or Rachel Jimenez Lopez will be in material breach of this Agreement. In the event
of an alleged breach of this Agreement, Plaintiff and the Defendant 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 such a case, Rachel Jimenez Lopez will be liable for all costs of
filing any legal action and reasonable attorney's fees incurred by the County to enforce this
Agreement. In this regard, Plaintiff and the Defendant further agree that the sole venue for any
[23-SC-1174/1797151/1] 2
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such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in
Naples, Florida.
5, All Notices to be given to Rachel Jimenez Lopez shall be made via U.S. Mail to
the last known address provided to the County in writing.
6. This Agreement shall be governed by the laws of the State of Florida and shall be
deemed to be made and performed in Collier County, Florida.
7. This Agreement shall remain in full force and effect unless and until terminated
by Collier County.
8. Rachel Jimenez Lopez agrees that she had the opportunity to review this
agreement with an attorney of her choosing or has knowingly and willingly waived that right.
IN WITNESS WHEREOF the parties have signed this Agreement as set forth below.
R c el menez Lopez
Address: 10261 Emperor Lane
Naples, FL 34114
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged and executed before me by means of ✓
physical presence or online notarization, this _VqL!`' day of j �„� 2023, by
`1�".f1 N, . ,��Looe_L who is personally known or has produced
as identification. n ()t Al, V4
Not ry Signature
t
a�`;��'•,°�� ROSA E. VIlIARREM,
* conwsommsmu Print Name
�y got EVh8APdk202T Commissioner Expires:
[23-SC-117411797151/1] 3
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16. K.3.a
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF COUNTY
COMMISSIONERS
0
Date:
Approved as to form and legality
(-a-/
olleen A. Kerins
Assistant County Attorney
OF COLLIER COUNTY, FLORIDA
M.
Rick LoCastro, Chairperson
Date:
[23-SC-1 174/ 1797151 / 1 ]
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