Loading...
Backup Documents 07/09/2024 Item #16K1 Vl\1<Tll\tiL 1JVl IJlV1L`1\ 1 1...11L' <.I' L.aI I QC. 1\V V 1111l.T 01.J1I 1 6 K 1 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 /2s/z y 4. BCC Office Board of County Commissioners C tv/42,11.51 7/`t(zy 5. Minutes and Records Clerk of Court's Office ,3 7-l4/2y 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 Sheri Malcolm,Advanced Certified Paralegal Phone Number 252-8403 Contact/Department Office of the County Attorney Agenda Date Item was 7/9/2024 Agenda Item Number 16K Approved by the BCC Type of Document(s) Settlement Agreement-Elizabeth Marx 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 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 7/9/2024 and all changes made during RTT $#A is the meeting have been incorporated in the attached document. The County Attorney aiV0ptionfoi Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the RTT Arcot BCC, all changes directed by the BCC have been made, and the document is ready for the " for Chairman's signature. thlt. PLEASE EMAIL COPY OF EXECUTED AGREEMENT TO SHERI.MALCOLMCOLLIERCOUNTYFL.GOV 161C1 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on this 914 day of 5vly , 2024, by and between Elizabeth Marx, 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 Elizabeth Marx v. Collier County Board of Commissioners, et al. Case No. 24-CA-1039 (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 ten thousand dollars and no cents ($10,000.00) 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 [24-CA-1039/1873930/1] 1 CAO 1 6K1 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 [24-CA-1039/1873930/1] 2 CAO 1 6K1 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 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 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. 7, �_. c ice` Elizabeth\Marx, Plaintiff STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of ✓ physical presence or_online notarization,this iftnday of _Skjn& , 2024, by Elizabeth Marx. L ('l f(tica. •t.•,y YADIANIS LARA ''' (Signature f e Not Public-State of Florida ''*- , Notary Public,State of Florida yx.)'� . Commission No.HH 501872 A %S 0-(.. ''•','a? My Comm.Exp.Mar.10.2028 (Print, lype, or Stamp Commissioners Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced: [24-CA-1039/1873930/1] 3 CPO 1 6K1 AS TO COUNTY: A 1''I EST: CRYSTAL K. KINZEL, Clerk BOARD OF 0 Y COMMISSIONERS OF COLL C UN Y FLORIDA By: • �% By: Ch al ,Chairperson Date a Date: 7l' ' Z''( p ►d egality 614 onald T. Tomasko Assistant County Attorney [24-CA-1039/1873930/1] 4 GPO