Backup Documents 09/22/2015 Item #16K5 6 !!
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r
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.
**NEW** 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 q• 11- /5
4. BCC Office Board of County \-V&
Commissioners \ ANc47 \ E;
5. Minutes and Records Clerk of Court's Office '
A.
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 Cc31, c\CSI\ ZSZ /\—g am
Contact/ Department
Agenda Date Item was September 22,2015 Agenda Item Number
Approved by the BCC
Type of Document Settlement Agreement Number of Original One(1)Original and
Attached Documents Attached
PO number or account n/a Wilson-Watson
number if document is Settlement Agreement
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 5 i Q�� CMG
2. Does the document need to be sent to another agency for additional signathres? If yes, n/a
provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by 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's CMG AI
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
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 CMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CMG
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 9/22/15 and all changes made during the CMG
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable. e$
9. Initials of attorney verifying that the attached document is the version approved by the , �
BCC,all changes directed by the BCC have been made,and the document is ready for t e
Chairman's signature. �€
[04-COA-01030/1208868/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12-7-,\ > l `�\ �� �0 C�\l ��
1 esaS� v�v�t �. \
1 6K 5
MEMORANDUM
Date: September 22, 2015
To: Colleen Greene
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement and Mutual Release
Bradley P. Rothman, Esq. (Cheryl Wilson-Watson)
Enclosed please find one (1) certified copy of the referenced above (Agenda
Item #16K3), which was approved by the Board of County Commissioners on
Tuesday, September 22, 2015.
An original has been kept in the Minutes & Records Department as part
of the Board's Official Records.
If you have any questions, please call me at 252-7240.
Thank you.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE 16 K
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement and Release") is entered into and made on this2.2rcday of September,
2015 by and between CHERYL WILSON-WATSON, (hereinafter referred to as "Plaintiff') and
BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY (hereinafter referred to
as the "County").
WITNESSETH:
WHEREAS, Plaintiff filed a lawsuit against the County in the United States District
Court, Middle District, Case No.: 2:14-cv-749-FtM, (hereinafter referred to as the "Lawsuit");
and
WHEREAS, Plaintiff and the County, without either party admitting any liability or
fault, desire 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, to the incidents described or allegations
made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so
that it shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs and affiliates; and
WHEREAS, Plaintiff and Plaintiffs attorney agree and covenant to fully comply with
all applicable Medicare laws, liens, and Set-Asides, specifically including Section 42 USC §
1395y; and
01) WHEREAS, Plaintiff agrees to be responsible for any tax consequences or liabilities, if
1 OF PI kih"f1r
any,Jas a result of this Settlement Agreement.
Page 1 of 5
t'
NOW, THEREFORE, in consideration of the mutual covenants, promises and FY
consideration set forth in this Agreement and Release, and with the intent to be legally bound,
Plaintiff and the 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 and Release.
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
�E -Et �r , Dc/', rte aa'
etemAonsideration of the sum of / and 00/100 ($4649.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agrees to dismiss the Lawsuit with prejudice.
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
themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns,
hereby expressly releases and forever discharges the County, as well as its elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns,
insurers and affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that they have
asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way,
whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or
made in the Complaint in the Lawsuit.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement and Release, Plaintiff and the County agree that either of them (as well as any other
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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 and Release.
5. Plaintiff and Plaintiffs attorney agree and covenant to fully comply with all
applicable Medicare laws, liens, and Set-Asides, specifically including Section 42 USC § 1395y.
6. Plaintiff and County mutually agree that this Settlement is for compensatory (non-
wage related) damages only, as the Parties agree that there are no lost wages associated with
Plaintiffs claims.
7. Plaintiff and the County acknowledge and agree that this Agreement and Release
is intended to and shall be binding upon their respective owners, principals, officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,
spouses, heirs, and affiliates.
8. Plaintiff and the County recognize and acknowledge that this Agreement and
Release memorializes and states a settlement of disputed claims and nothing in this Agreement
and Release 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.
9. Plaintiff and the County acknowledge and agree that this Agreement and Release
is the product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement and Release 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.
10. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as
this Agreement and Release.
Page 3 of 5
1,
11. In the event of an alleged breach of this Agreement and Release, Plaintiff and the
County agree that all underlying causes of action or claims of Plaintiff have been extinguished
by this Agreement and Release and that the sole remedy for breach of this Agreement and
Release shall be for specific performance of its terms and conditions or any damages arising
from the breach. In this regard, Plaintiff 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.
12. This Agreement and Release shall be governed by the laws of the State of Florida.
13. Plaintiff and Plaintiffs attorney shall be solely responsible for any Medicare lien,
other liens, or Medicare Set-Asides.
z-z-t)
14. Plaintiff is responsible for anytax I Of eI((i h±(cr` a
p consequences or liabilities, if any,las a result of _,yifr
this Settlement Agreement. !` C�,"
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release
eeryas set forth below.
Date: SeplelYli7eA:`L21 ki 5.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRWCK,Clerk OF COLLIER COUNTY, FLORIDA
. litti . ....�� t -, ;...,..-,411
5 1R N� �� / e.,,,,,,,„._-
.. ,..jl 41 By:
Att t as to airman ep`uty lerie v Tim Nance, Chairman
signatureonly. 4 �
Approved as to fo.fi` d By;
legal sufficiency: CHERYLWILSON-WATSON, Plaintiff
fieitat......e ...
(... ii
Co yen M. Green
Assistant County Attorney
By: r?) <111-----
Bradley
Bradley P. Rothman, Esq.
Attorney for Plaintiff
Page 4 of 5
STATE OF 00'6-0L- 6 ,‘
COUNTY OF COt i
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORI, 1�)AWAS SWORN TO and subscribed by CHERYL WILSON-
W SON, befor- me on this t� day of September, 2015.
f.
, -++_ till A Personally Known
Signature of Ns ar Public I or
Produced Identification
F/xida 7ri iters a te.
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
HEATHER BILLY
1 a MY COMMISSION Y FF 046985 '
EXPIRES:September 20,2017 '
Bonded Thru Notary Public Underwriters
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