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Backup Documents 07/12/2016 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 4 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. **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 AttorneyOffice County Attorney Office KN 9/13/16 4. BCC Office Board of County �F Commissioners NA\(/V V.2\ 5. Minutes and Records Clerk of Court's Office qm IU3116 ((:Nam 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 Kevin Noell,Assistant County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 7/12/16 Agenda Item Number 16-K-4 Approved by the BCC Type of Document Settlement Agreement—F&H Electric Number of Original 1 Attached Documents Attached PO number or account number if document is n/a 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? STAMP OK KN 2. Does the document need to be sent to another agency for additional signatures? If yes, KN 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 KN 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 KN 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 KN 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 KN signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KN 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 7/12/16 and all changes made during the KN N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by t KN t ..1 is not BCC,all changes directed by the BCC have been made,and the document is ready or the \an o ion for Chairman's signature. 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 1 6K 4 MEMORANDUM Date: September 13, 2016 To: Kevin Noell, Assistant County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement & Mutual Release F & H Electric Attached is one (1) scanned copy of the original agreement as referenced above, (Item #16K4) approved by the Board of County Commissioners on Tuesday, September 13, 2016. The original has been kept by the Minutes and Record's Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. 16K 4 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this I 'LAN,day of , 2016, by and between the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (hereinafter the "COUNTY"), F & H ELECTRICAL CONTRACTORS, INC., D/B/A F & H CONTRACTORS (hereinafter "F & H") and FLORIDA POWER AND LIGHT (hereinafter "FPL"). (The parties to this action shall hereinafter be collectively referred to as "Parties"). WITNESSETH: WHEREAS, the Board has filed a law suit in the Twentieth Judicial Circuit in and for Collier County, Florida against F & H and FPL for the recovery of damages caused by the breaching of an 8" Force Main sewer line owned and maintained by the County located at a certain address in Forest Hills Boulevard in Collier County, Florida on June 5, 2014; and WHEREAS, Parties, without any 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, to the incidents described or allegations made in the Complaint filed in the lawsuit; and WHEREAS, Parties desire to reduce the settlement to a writing so that it shall be binding upon Parties' respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns,heirs and affiliates. NOW THEREFORE in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Parties agree as follows: [15-0284-CA/1262853/1] Page 1 of 6 16K 4 1. Parties adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. This Agreement and Release is contingent upon approval by the Board of County Commissioners of Collier County, Florida. 3. 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 an in consideration of the sum of Fourteen Thousand Dollars and 00/100 ($14,000.00) and payment of County's portion of the mediator fee of$665.00, the receipt and adequacy of which is hereby acknowledged by the County, County agrees to dismiss the lawsuit with prejudice. 4. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Parties, on behalf of themselves, their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges each other, as well as any and all of parties' 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, liens, attorney's fees, expenses and obligations of any kind or nature whatsoever that has been asserted or could have been 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. 5. Notwithstanding anything that may be to the contrary in Paragraph 4 of this Agreement and Release, Parties agree that any 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 and Release. [15-0284-CA/1262853/1] Page 2 of 6 16K �4 6. Parties 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. 7. Parties 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 and party. 8. Parties 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. 9. 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. 10. In the event of an alleged breach of this Agreement and Release, Parties agree that all underlying causes of action or claims 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, Parties 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. 11. This Agreement and Release shall be governed by the laws of the State of Florida. [15-0284-CA/1262853/1] Page 3 of 6 1 6K 4 IN WITNESS WHEREOF County, F & H and FPL have signed and sealed this Agreement and Release as set forth below. F & H Electrical Co tractors, Inc., D/B/A F &H Contractors J By: _ Dan' F. Williams, J Title i Dated: (S+ aS`-1 , 2016. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The undersigned, being a Notary Public for the State of Florida, hereby certifies that o-I/m e F 1,0i I ,t a,. yvA,5 S tk, appeared before me this g day of , 2016 and is either personally known to me v' or produced the following identification: , and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best of his knowledge. C 1q N RY PUBL/IN AND FOR STATE OF FLORIDA . Printed Name Mc07/2missi3/on2017 FF 021000 Commission Expires F.) Expires m [15-0284-CA/1262853/1] Page 4 of 6 16K 4 Florida Power&Light By: 4 se. M +4%t--te 1.3o%. SP-• CAA, M kGek.i Title Dated: JI , 2016 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The undersigned, being a Notary Public for the State of Florida, hereby certifies that ROSE MARNOi'Ak appeared before me this I sr day of J J 4-y , 2016 and is either personally known to me 17-or produced the following identification: , and after having first been sworn stated that he affixed his signature to the above and foregoing document, and that the statements contained therein are true and correct to the best of his knowledge. NOTRY PUBLIC IN AND FOR THE STATE OF FLORIDA Printed Name Commission Expires JERRY WILLIAM DOWNS * „, * MY COMMISSION t FF 183270 EXPIRES:April 12,2019 4.0t„,,," Bonded Tm Budget Notary SeMces [15-0284-CA/1262853/1] Page 5 of 6 16K 4 AS TO COUNTY: ATTEST: DWIGHT E. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS OF CO LIER COUNTY,FLORIDA By: �� By: / Attes as 0 8" • Der ty +ri DONNA FIA LA, Chairman signature only. Approved as to form and legality: z Kevin L.Noell Assistant County Attorney [15-0284-CA/I 262853/1] Page 6 of 6