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Backup Documents 08/26/2025 Item #16K11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 1 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. (Enter your Dept here) 3. County Attorney Office County Attorney Office c OM b g/2 4. BCC Office Board of County BS by MB Commissioners [s] 812i 5. Minutes and Records Clerk of Court's Office l�:o�%4911 /�s 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 Agenda Item Number Approved by the BCC 81261 2 L,5 16 r\ 11t Type of Document(s) Number of Original Attached 5Ci-dc,ne4f A jreeineAt Documents Attached I 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 $f 26 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney - 4 an option for Office has reviewed the changes, if applicable. p)N(" this line. 9. Initials of attorney verifying that the attached document is the version approved by the I N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the r/ ; an option for. Chairman's signature. / this line... Please email a completed copy to Madison.Bird@Colliercountyfl.gov I:Forms/County Forms/BCC Fi 5.05;2.24.05; 11/30/12;4/22/16;9/10/21 161K11 MEDIATED SETTLEMENT AGREEMENT Capital Contractors, LLC ("Capital Contractors") and Collier County, Florida, a political subdivision of the State of Florida ("Collier"), desire to settle their claims between them and hereby agree as follows: I. RECITALS: The parties to this Settlement Agreement ("Agreement") desire to settle certain claims and issues between them, including but not limited to, the issues giving rise to the Pre-Suit Mediation that occurred on July 14, 2025, before Mediator, Paul Ullom, Esq., and which arose out of work performed by Capital Contractors after Hurricane Ian and relating to Collier County Purchase Order 4500220970(the"Dispute"),and enter into this Agreement to settle such issues. This Agreement shall be binding upon the County, as well as its representatives, commissioners, principals, officers, employees, ex-employees, agents, successors, assigns, grantees, and affiliates; and upon Capital Contractors, as well as its owners, principals, officers, employees, ex-employees,agents,representatives,successors,assigns,grantees and affiliates. 2. CONSIDERATION: The consideration for this Agreement and for the execution and delivery of all documents pursuant to it are the mutual promises contained in this Agreement; the sufficiency of which are hereby acknowledged and irrevocably agreed upon by the parties. 3. THE PARTIES SPECIFICALLY AGREE AS FOLLOWS: A. Collier shall pay Capital the sum of one hundred and twenty-thousand dollars and 00/100($120,000.00)("Settlement Payment"),subject to the Board of County Commissioner approval by Collier County, at the next regularly schememeeting, which is currently scheduled for August 12, 2025. Staff and Page 1 of 5 Collier 16K11 the professionals retained by the County represent that they are recommending that the Board approve this Settlement Agreement, including the Settlement Payment. If the Board approves such Settlement Payment, Collier shall make'the Settlement Payment within thirty (30) days of August 12, 2025. The payment shall be made via wire transfer or ACH directly to Capital. B. Each party shall pay its own attorneys' fees and costs incurred in connection with the Dispute. 4. LIMITED RELEASE: Capital, on the one hand, and Collier, on the other hand, hereby release and forever discharge each other, together with their respective board members, employees, partners, officers, members, representatives, agents, affiliates, insurers, and attorneys from any and all claims,demands, causes of action,of any kind or nature that ever existed,whether discovered or undiscovered, whether asserted or not asserted, whether known or unknown, whether latent or otherwise, which give rise to the Dispute from the beginning of the world to the signing of this Agreement and through the end of time, with the sole exception to this Release being the terms of this Agreement. Capital and Collier have an ongoing working relationship and this Limited Release does not apply to any other projects, claims, or amounts sought in connection with any of the ongoing projects not giving rise to the Dispute. 5. MISCELLANEOUS: A. The parties agree that in the event other documents not described in this Agreement are required to fully effectuate the terms, conditions and obligations the parties have agreed to in this Agreement, then in that event, the parties shall make; execute and deliver, or cause to be made, executed and delivered, all // Page 2 of 5 , oilier tract6rs 1 6 K 1 1 further documents or instruments necessary to complete or perfect the said terms, conditions or obligations of this Agreement. B. For purposes of the execution of this Agreement, facsimile signatures are acceptable as originals. C. If any litigation shall be instituted,or other action taken for the purpose of enforcing or interpreting any of the provisions of this Agreement, the prevailing Party or Parties as determined by the Court having jurisdiction thereof shall be entitled to recover, in addition to all other relief,an amount equal to all costs and expenses incurred in connection therewith, including without limitation, reasonable attorneys' fees at the trial level, in connection with all appellate proceedings, as well as attorney's fees expended in determining the amount of the prevailing parry's attorney's fee award. D. Any number of counterparts of this Agreement may be executed and delivered (including via facsimile, which shall be accepted as originals), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The sole and exclusive venue for any litigation among the Parties that may arise out of, or is related to this Agreement, or any documents executed in connection with this Agreement shall be a court of competent jurisdiction in and for Collier County,Florida. F. Both Parties have participated in negotiating and drafting this Agreement, an` oth Parties shall be deemed to be the drafters of this Agreement. Page 3 of 5 Collier do ttiactors 1 6 K 1 1 G. Both Parties have had counsel of their own choosing review this Agreement, and each Party freely signs this Agreement after having conferred with their own respective counsel. H. The Parties acknowledge that the persons signing below on their behalf are expressly authorized to sign this Settlement Agreement. I. No change, modification, termination, or attempted waiver of any of the provisions of this Agreement shall be binding upon any party to this Agreement unless reduced to writing and signed by the party or parties against whom enforcement is sought. J. All understandings and agreements between the parties are contained in this Agreement and the parties acknowledge that no representations or warranties have been made other than those specifically set forth herein. K. Time is of the essence in this Agreement. L. The Effective Date of this Agreement is the latest date either party signs this Agreement("Effective Date"). CAPITAL CONTRTO LLC AL ,'t daim A a , sG�t orized Member /— apr Page 4 of 5 Collier �c 11 ? 1 6 K 1 1 COLLIER COUNTY,FLORIDA �.. 7 By: ,-f s/, �, .13fiamaetony Its: Director of Facilities Management By: C unsel for Collier County,Florida B • Cou or Canna ntractors,LLC G; petal Page S of 5 older Contractors 1 6 K 1 1 ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY,FLORIDA & Comptroller " ' By: Agertitarlf#104-- • Burt L. Saunders,Chairman Dated , (SEAL) , . Aid tt'h h nilan's Approv to form an g ity: By: GI Scott R. Teach Deputy County Attorney 6K11 Scott Teach From: Matthew Devisse <mdevisse@cyklawfirm.com> Sent: Wednesday, August 6, 2025 1:51 PM To: Scott Teach Cc: Jessica Tolin Subject: RE: Capital /Collier County - Mediated Settlement Agreement: Cancellation of BCC's August 12th meeting Follow Up Flag: Follow up Due By: Friday, August 8, 2025 2:00 PM Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Scott: I heard back from Adam. No objection. Thank you, Matthew B. Devisse, Esq. CYK The Northern Trust Building 4001 Tamiami Trail North, Suite 300 • Naples, Florida 34103 " ` " ` a P: 239.298.7598 I F: 239.435.1218 mdevisse@ cy k l awfi rm.co m Both Matthew B. Devisse Visit cyklawfirm.com to learn more about us. and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Matthew B.Devisse immediately at mdevisse(acyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: Scott Teach <Scott.Teach@colliercountyfl.gov> Sent: Wednesday, August 6, 2025 12:20 PM To: Matthew Devisse <mdevisse@cyklawfirm.com> Cc:Jessica Tolin <jtolin@lawfirmnaples.com> Subject: RE: Capital/Collier County- Mediated Settlement Agreement: Cancellation of BCC's August 12th meeting Thank you Matt. Scott R. Teach Deputy County Attorney (239) 252-8400 1 6 K 1 1 From: Matthew Devisse<mdevisse@cvklawfirm.com> Sent:Wednesday,August 6, 2025 12:19 PM To:Scott Teach <Scott.Teach@colliercountvfl.gov> Cc:Jessica Tolin <itolin@lawfirmnaples.com> Subject: RE: Capital/Collier County- Mediated Settlement Agreement: Cancellation of BCC's August 12th meeting EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Scott: Thank you for the email. I have forwarded it to the client and am awaiting his approval. I have recommended that he agree. I will let you know when I hear from him. Thank you, Matthew B. Devisse, Esq. CYK The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.298.7598 I F: 239.435.1218 mdevisse©cykl awfi rm.com Both Matthew B. Devisse Visit cyklawfirm.com to learn more about us. and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Matthew B.Devisse immediately at mdevisse@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From:Scott Teach<Scott.Teach@colliercountyfl.gov> Sent:Tuesday,August 5, 2025 3:30 PM To: Matthew Devisse<mdevisse@cyklawfirm.com> Cc:Jessica Tolin <jtolin@lawfirmnaples.com> Subject:Capital/Collier County- Mediated Settlement Agreement: Cancellation of BCC's August 12th meeting Matt, I am following up on my July 30, 2025, email regarding the above matter. As communicated to you in that email, the Board of County Commissioners will not be holding its meeting on August 12' due to an ongoing construction project in its Board room that could not be completed in time. Please confirm that your client is agreeable to extending the dates previously provided in the Mediated Settlement Agreement to the August 26th meeting, along with the related obligations with respect to payment. If acceptable, I will include a copy of this email as backup to that agenda item to reflect that the parties mutually agreed to extend the 2 16K11 dates referenced in the settlement agreement to the August 26' meeting due to the unanticipated cancellation of the meeting. I look forward to your response. Thanks. Scott R. Teach Deputy County Attorney (239) 252-8400 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3