Backup Documents 07/23/2024 Item #16K 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 7/2/24
4. BCC Office Board of County Commissioners (# 1 Z3/ UZ I
5. Minutes and Records Clerk of Court's Office 7
PRIMARY CONTACT INFORMATION �fl
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 7/23/2024 Agenda Item Number 16-K-
Approved by the BCC
Type of Document(s) Settlement agreement-Linda Oneski 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 7/23/2024 and all changes made during RTT N/A is not
the meeting have been incorporated in the attached document. The County Attorney 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 RTT 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.
Please send a fully executed copy to Rosa at Rosa.Villarreal(a colliercountyfl.gov needed for
processing of settlement check.
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
1 6K 1
DocuSign Envelope ID:D7DE84DD-F132-4AC2-87DC-F417E640E6F3
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this 2.3 day of Sly , 2024 by and between LINDA
ONESKI, 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 Linda Oneski v.
Collier County, Case No. 23-CA-557 (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 fifteen thousand one hundred forty-five dollars and ten cents
($15,145.10) 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
herself, her attorney, agents, representatives, heirs, successors and assigns, hereby expressly
[23-CA-557/1874240/1] 1
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DocuSign Envelope ID:D7DE84DD-F132-4AC2-87DC-F417E640E6F3
releases and forever discharges the Defendant, as well as its owners, principals, elected officials,
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
[23-CA-557/18742401 1] 2
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DocuSign Envelope ID:D7DE84DD-F132-4AC2-87DC-F417E640E6F3
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.
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 Defendant 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 Defendant have signed and sealed this
Agreement and Release as set forth below.
dc&,da n,c.aki,
BY ..--
Linda Oneski, Plaintiff
STATE OF
COUNTY OF r—A , _�..._.--
The foregoing instrument was acknowledged before me by means of physical
presence or _ online notarization, this I day of_ 1c1� , 2024, by Linda Oneski.
4:0?: JASMEEN JAIME (Signature of Notary Public-State of Florida
*: ; 1*1 MY COMMISSION it HH 374941
EXPIRES:April 22,2027 )�i�jm �� "' �- Xl V�✓L
`-
(Print, Type, or Stamp Commissioners
Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced:
[23-CA-557/1874240/1] 3
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DocuSign Envelope ID:D7DE8400-F132-4AC2-87DC-F417E640E6F3
AS TO COUNTY:
ATTEST:
CRYSTAL I(.,KINZFL, Clerk BOARD OF COUNTY COMMISSIONERS
OF COL R OUNT , FLORIDA
By:
ris Hall, Chairman
Date , Date: 7/03/2y
hairman s
�Iggnature only
Ap to and egality
014< J
Ronald T. Tomasko
Assistant County Attorney
[23-CA-557i 1874240/1] 4