Backup Documents 08/22/2023 Item #16K 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K y
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.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. lithe 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) ti Office Initials Date
.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office C4' 'l J ?/-11 213
^ 2
4. BCC Office Board of County RL by MB �
Commissioners Is]
5. Minutes and Records Clerk of Court's Office ttleitst7ratil4
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 8/22/23 Agenda Item Number 16.K.1
Approved by the BCC
Type of Document(s) Settlement Agreement Number of Original
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 signature?(stamped unless otherwise stated) MB
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 legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
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 uploaded to the
agenda. 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_8/22/23 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the 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/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
16K 1
Memo
-Once executed, please send a copy to:
Greily Gonzalez and Michael Quigley
DocuSign Envelope ID: D49345B1-DBE5-4059-A05F-BE18F57EBF1B
16K 1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSEPH FRANTZ, CIVIL ACTION
Case No. 2:22-cv-300-JES-
NPM
Plaintiff,
v.
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS,
Defendant.
SETTLEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is entered into by and between JOSEPH FRANTZ, his
successors in interest, heirs, and assigns (hereinafter "FRANTZ") and the COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS, its board members, officers,
agents, and employees, past, present, and future (hereinafter the "COUNTY") as of
the date of the COUNTY signature on the signature page herein.
WHEREAS, FRANTZ filed a civil action as styled above against the COUNTY,
pending in the United States District Court, Middle District of Florida, Fort Myers
Division, alleging claims under the Family and Medical Leave Act ("FMLA"); and
WHEREAS, the COUNTY specifically denies any and all liability, violations of
law, and alleged wrongdoing; and
WHEREAS, the parties wish to avoid the costs of litigation and resolve all
disputes and disagreements between them amicably;
WHEREAS, FRANTZ and his attorney agree and covenant to fully comply with
all applicable Medicare laws, liens, and Set-Asides, specifically including Section 42
USC §1395y; and
WHEREAS, FRANTZ agrees to be responsible for any tax consequences or
liabilities, if any, as a result of this Settlement Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, FRANTZ and the COUNTY, for
themselves, their successors, and assigns, hereby agree as follows:
Page 1 of 4
DocuSign Envelope ID: D49345B1-DBE5-4059-A05F-BE18F57EBF1B 1 6
1. The parties adopt and incorporate the foregoing recitals, sometimes
referred to as "Whereas Clauses", by reference into this Settlement Agreement and
Release.
2. Payments: The COUNTY shall pay to FRANTZ the following within
thirty (30) days after the COUNTY'S approval and execution of this Agreement. The
COUNTY shall pay FRANTZ, through his attorney, the gross sum of TWENTY TWO
THOUSAND FIVE HUNDRED DOLLARS and 00/100 ($22,500), which sum is to be
paid in two separate checks as follows:
(a) The gross sum of Thirteen Thousand Five Hundred Dollars
($13,500.00) of the Settlement Proceeds paid hereunder constitute wage items and
are therefore subject to wage withholdings, including FICA and FUTA. This amount,
net of the required taxes/withholdings, shall be made payable to "Joseph Frantz" and
reported on IRS Form W2.
(b) The remaining sum of Nine Thousand Dollars ($9,000.00) of the
Settlement Proceeds paid hereunder constitute attorney's fees and/or costs. This
amount shall be made by check payable to "YEDL, P.A"., for which a 1099 shall issue.
3. Within five (5) days of receipt of the Settlement Proceeds, FRANTZ
agrees to file a Notice of Dismissal, With Prejudice, of the lawsuit, and/or file any
other documents required by the Court, or the Federal Rules of Procedure, or the
Middle District Local Rules, to dismiss the lawsuit.
4. Conditions Precedent: FRANTZ'S execution of the Settlement
Agreement and Release, delivery of it to the COUNTY, and approval and execution
by the COUNTY are conditions precedent to the obligation of the COUNTY to make
the payments to FRANTZ.
5. Release: FRANTZ hereby covenants not to sue, and fully releases and
discharges the COUNTY with respect to and from any and all claims, wages,
demands, rights, liens, agreements, contracts, actions, suits, obligations, debts,
damages, judgments of whatever kind or nature in law, equity or otherwise, whether
now known or unknown, arising out of or in any way connected with FRANTZ'S
employment with or separation from employment with the COUNTY.
6. Specific Release: Without limiting the generality of the foregoing, this
Release also specifically pertains to any claim (state, federal, statutory,
administrative, or common law) under Title VII of the Civil Rights Act of 1964 as
amended; the Age Discrimination in Employment Act, as amended; Older Workers'
Benefit Protection Act; Florida Civil Rights Act of 1992 (F.S. §760.01-760.11 and
§509.092) as amended; Americans With Disabilities Act of 1990 (ADA); The
Americans With Disabilities Act Amendments Act of 2008 (ADAAA), as amended; the
Family and Medical Leave Act of 1993 (FMLA); The Fair Labor Standards Act
Page 2 of 4
DocuSign Envelope ID D49345B1-DBE5-4059-A05F-BE18F57EBF1B 1 6 K 1
(FLSA); the Employee Retirement Income Security Act of 1974; The Reconstruction
Era Civil Rights Act, 42 U.S.C. § 1983; any common law or statutory wrongful
discharge or retaliatory discharge theory; any claim for breach of contract (express or
implied); any claim for breach of any covenant of good faith and fair dealing (express
or implied); or any claim for severance pay, bonus, sick leave, straight time, overtime,
holiday pay, life insurance, health or medical insurance, or any other fringe benefit.
7. References: The COUNTY agrees that if presented with a request for a
job reference relating to FRANTZ it shall provide dates of employment, rates of pay,
and positions held. However, FRANTZ understands and agrees that under the
Florida Public Records Law, Chapter 119, Florida Statutes, the COUNTY may be
required to, upon request by any third party, disclose documents pertaining to him
and/or his employment with the COUNTY, including this Agreement, as the
COUNTY will comply with all federal, state, and local laws requiring disclosure of
public records.
8. Future Applications. FRANTZ hereby waives any right to apply or
reapply for employment with the COUNTY and agrees that such application would
be a breach of this Agreement and that the COUNTY may disregard any such
application. Any refusal by the COUNTY to hire or rehire FRANTZ may not be the
basis of any lawsuit or administrative proceeding; nor may it be used as evidence of
or constitute a violation of any federal, state, or local law or regulation, or breach of
contract or any obligation imposed under common law.
9. Entire Agreement: This Settlement Agreement and Release constitutes
the complete agreement and understanding regarding FRANTZ'S settlement with
the COUNTY. No statement, representation, warranty, or covenant has been made
by either party with respect to the subject matter hereof except as expressly set forth
herein. This Settlement Agreement and Release may be amended or waived if, and
only if, such amendment or waiver is in writing and signed by the parties to this
Settlement Agreement and Release. It is not and shall not be interpreted or
construed as an admission or indication that the COUNTY has engaged in any
wrongful or unlawful conduct of any kind, and the COUNTY specifically denies any
such conduct.
10. Severability: If any provision herein is deemed to be unenforceable
under applicable law, such provision shall be severed from the Settlement Agreement
and Release to the extent possible, consistent with the intent and purposes of the
Settlement Agreement and Release and the remaining provisions shall be given full
force and effect.
SIGNATURE PAGE TO FOLLOW
Page 3 of 4
DocuSign Envelope ID: D49345B1-DBE5-4059-A05F-BE18F57EBF1B 1 6 K 1
IN WITNESS WHEREOF, FRANTZ and the COUNTY have signed and sealed this
Agreement and Release as set forth below:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: _._____ Date: q 22/23
Rick LoCastro, Chairman
Approve. s to form d le ality:
By: IiI' )411ti? Date: t .>d -3
Colleen M. Greene
Assistant County Attorney
JOSEPH FRANTZ
—DocuSigned by:
By: Date:8/10/2023
�vn;��i,nai�n, ��9.�,w�.�e,Jc,
SeMaliliErPAArmak, Esq.
Attorney for Plaintiff
DocuSi ned by:
By: Date:8/10/2023
osVfiff2 Fa'fftz, Plaintiff
ATTEST4t r.'"....... • ' •i�,
CRYS
BY:
Atfeit as.to Chairiit n
,;q Page4of4