Backup Documents 04/09/2024 Item #12ASEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
April 9, 2024
Move Item 16H3 to 4C: Proclamation designating April 2024 as Autism Acceptance Month in Collier County.
To be accepted by delivered to Stephanie Nordin, Founder & President of Autism Collier Inc. (Commissioner
Hall’s and Commissioner McDaniel’s Separate Requests)
Move Item 16K3 to 12A: Recommendation to approve and authorize the Chair to execute a Settlement Agreement
in the lawsuit styled Aaron Oldfield v. Collier County, (Case No. 22-CA-1851), now pending in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $130,000. (Commissioner
McDaniel’s Request)
Notes: The companion listings for items 9A & 9B should reference each other rather than how they are currently
listed.
The correct updated resolution for Item 17C was uploaded as a linked file after the agenda was published, on the
afternoon of April 4th. This updated resolution can be found in a linked file named "Resolution - 031524
(Correct)".
TIME CERTAIN ITEMS:
4/9/2024 1:21 PM
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 2 A
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. 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 RTT
`t(��Z H
4. BCC Office Board of County
Commissioners oat 4
5. Minutes and Records Clerk of Court's Office ( i/f/4 44 56
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 Rosa E. Villarreal,Legal Assistant Phone Number 252-8821
Contact/Department Office of the County Attorney
Agenda Date Item was 4/9/2024 Agenda Item Number 16-K-3 -keg
Approved by the BCC
Type of Document(s) Settlement agreement-Aaron Oldfield 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(instead of stamp)? No N/A
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 RTT
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 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 RTT
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 RTT
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 4/9/2024 and all changes made during RTT
the meeting have been incorporated in the attached document. The County Attorney
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the RTT
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
Please send a fully executed copy to Rosa at Rosa.Villarrealacolliercountvfl.uov
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
I 2 A
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this q fti day of April , 2024 by and between AARON
OLDFIELD, hereinafter referred to as "Plaintiff," and COLLIER COUNTY, FLORIDA,
hereinafter referred to as "Defendant."
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 Aaron Oldfield v.
Collier County, Case No. 22-CA-1851 (hereinafter referred to as the "Lawsuit"); and
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 unaccrued, 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.
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
Defendant agree as follows:
1. Plaintiff and the Defendant 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 one hundred thirty thousand dollars and no cents ($130,000.00) ) 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 Defendant.
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
himself, his attorney, agents, representatives, heirs, successors and assigns, hereby expressly
releases and forever discharges the Defendant, as well as its owners, principals, elected officials,
[22-CA-1851/1853971/1] 1
12A
officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns,
insurers, 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 he 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 Defendant 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 Defendant 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, heirs, and affiliates.
6. Plaintiff and the Defendant 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 Defendant.
7. Plaintiff and the Defendant 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 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 this regard, Plaintiff and the
Defendant 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.
[22-CA-1851/1853971/1] 2
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:: g s' 10. Plaintiff agrees to use the proceeds of the settlement funds for the payment and
4:, �, ^^ "" past and future medical bills, attorney fees, and all other expenses, costs,
satisfaction of all liens,
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 of all other obligations out of the
settlement proceeds, including any future medical bills.
' 11. The Plaintiff hereby agrees to indemnify and hold harmless the Defendant from
any and all claims and/or liens and/or subrogated interests, including but not limited t.o worker's
compensation liens, health insurance liens, Medicaid / Medicare liens, Social Security and any
and all attorneys liens and charging liens herein.
12. This Agreement shall be governed by the laws of the State of Florida.
. WITNESS WAEREOF, Plaintiff and the Defendant have signed and sealed this
AA eement and Release as set forth below.
By:
ldfie n .
' STATE OF FLORIDA
``''`COUNTY OFCEI
The foregoing instrument was acknowledge before me by means of _ physical
r $ b�r�iy online notarization, this day of 2024,by on Oldfield.
sn
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AS TO COUNTY:
ATTEST:
CRYSTE : I '" , Clerk BOARD OF COUNTY COMMISSIONERS
. OF COLLI UNT FLORIDA
0A
By. I`.-- • . By.
U. * if : ' ' = Attest as to Chairman's is all, Chairperson
Date: a ,�/ I . signature only
Date: �/ 21
Appro :`. s to form and legality
Ronald T. Tomasko
Assistant County Attorney
[22-CA-1851/1853971/1] 4 fJ