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Backup Documents 02/14/2017 Item #16K3 161( 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 Attorney Office County Attorney Office KN 2/14/17 4. BCC Office Board of County ','°'fib Commissioners (6/ Z` \ -\ 5. Minutes and Records Clerk of Court's Office c91‘14 10- (Pds-rts-7 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,As istant County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 2/14/2017 Agenda Item Number 16K • '5 v/ Approved by the BCC Type of Document Settlement Agreement-Kane Number of Original 1 Attached Documents Attached PO number or account n/a 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? S-j_ 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed KN 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 ii"= •• I and all changes made durihig KN the meeting have been incorporated in the attached do ument. The County ' Attorney's Office has reviewed the changes,if applica le. [2016-CA-76/1318982/1] 161( 3 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 the Chairman's signature. [2016-CA-76/1318982/1] 16K3 MEMORANDUM Date: February 15, 2017 To: Kevin Noell, Assistant County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Settlement Agreement - Kane Attached is a copy of the document referenced above, (Item #16K3) approved by the Board of County Commissioners on Tuesday, February 14, 2017. The original document is being held in the Minutes & Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. 1, 6K 3 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 day of , 2017, by and between LORETTA KANE, (hereinafter referred to as "Plaintiff') and Collier County (hereinafter referred to as the "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, styled Loretta Kane v. Collier County, a political subdivision of the State of Florida, Case No. 16-00076-CA (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, 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, spouses, successors, assigns, heirs and affiliates. WHEREAS, the Plaintiff agrees and covenant to fully comply with all applicable Medicare laws and liens specifically including 42 USC § 1395y. 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, Plaintiff and the County agree as follows: [2016-CA-76/1315549/1] 1 1 6K 3 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. This settlement agreement and mutual 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 and in consideration of the sum of Fifteen Thousand Dollars and 00/100 ($15,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with Prejudice. 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, Plaintiff, on behalf of herself, her 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, liens, attorney's fees, expenses 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, 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, 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 and Release. [2016-CA-76/1315549/1] 2 161< 3 6. Plaintiff agrees and covenant to fully comply with all applicable Medicare laws and liens specifically including 42 USC § 1395y. 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. 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 [2016-CA-761131554911] 3 161( 3 3 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 agrees to reimburse Medicare and pay for any and all Medicare liens or any other liens arising out of, or anyway connected to, injuries and/or damages suffered from the incident described in the Lawsuit, out of the proceeds of the settlement monies. IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. AS TO COUNTY: ATTEST: DWIGHT E. : `,I ,, '',Clerk BOARD OF COUNTY COMMISSIONERS ,. .. �:,.,.'D OF COL I OUNTY, FLORIDA Y By: Affect 3 E en, . Deputy Clerk PENNY T OR, Cha' Approved as to form and legality: AS TO PLAINTIFF: ___---''----Z---_---/ __---'' f. ___--- BY: !,i( ../ (9 7Ca Kevin L. Noell LORETTA KANE, Plaintiff Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ,-snday of JOYVO , 2017, by LORETTA KANE, who is ( ersonally known to me or ( ) producedC _ as identification. A CI) (Signature of Notary Public - S�Florida) lirNotary Public State o Florida Candy D Carmona � ttCpms tong on FF996002 (Print, Type, or Stamp �►�n Expires 09/0112019 Commissioned Name of Notary Public) Commissioner Expires q "I -/1 [2016-CA-76/1315549/1] 4 161( 3 ADDENDUM TO SETTLEMENT AGREEMENTS AND GENERAL RELEASES Representations With Regard to Medicare's Interests Releasor hereby warrants and represents that I presently am not, nor have ever been enrolled in Medicare Part A, Part B or Part C. Further, I have no claim for Social Security Disability benefits nor am I appealing or re-filing for Social Security Disability benefits. OR Releasor is a male/female whose date of birth is oll,v'1 /95s_ and has a Medicare claim number of dots o?—c10(10 Oart 8 . I presently am enrolled in Medicare Part A, Part B or Part C or previously was enrolled from to . Releasor warrants and represents there has been full disclosure of his/her Medicare status to Releasee. Medicare's Interests In reaching agreement on the terms of this Release, the parties acknowledge Releasor's possible entitlement to Social Security disability benefits pursuant to 42 U.S.C. § 423, and receipt of Medicare or Medicaid benefits under 42 U.S.0 § 1395y, as well as the entitlement of the Centers for Medicare and Medicaid Services ("CMS") to subrogation and intervention, pursuant to 42 U.S.C. §1395y(b)(2) to recover any overpayment made by CMS or other Medicare Advantage Organization ( MAO).The parties to this Release agree that this Release is not intended to shift to CMS or an MAO, the responsibility for payment of medical expenses for the treatment of injury related conditions. The parties agree that this settlement is intended to provide Releasor a lump sum and/or future periodic payment which will foreclose Releasee's responsibility for future payment of all injury related medical expenses. 1 16K 3 . Non-reimbursable Expenses (where there is an MSA or other future medical expense consideration) The parties to this Release understand that many common medical expenses are not payable or reimbursable under the Medicare program. These medical expenses, not covered by Medicare but necessary in the ongoing treatment of the Releasor's injury, and without an admission of liability on the part of the Releasee, have been taken into consideration in the calculation and settlement of Releasor's future medical expenses. Funds for these non-Medicare covered medical expenses have been included in the lump sum settlement amount and shall not be paid from any Medicare allocation amount. Benefit Eligibility Releasor acknowledges that any decision regarding entitlement to Social Security benefits or Medicare or Medicaid benefits, including the amount and duration of payments and offset reimbursement for prior payments is exclusively within the jurisdiction of the Social Security Administration, the United States Government, and the U.S. Federal Courts, and is determined by Federal law and regulations. As such, the United States Government is not bound by any of the terms of this Release. Future Benefits Releasor has been apprised of his/her right to seek assistance from legal counsel of his/her choosing or directly from the Social Security Administration or other government agencies regarding the impact this Release may have on Releasor's current or future entitlement to Social Security or other governmental benefits. Releasor acknowledges that acceptance of these settlement funds may affect Releasor's rights to other governmental benefits, insurance benefits, disability benefits, or pension benefits. Notwithstanding this possibility, Releasor desires to enter into this Release agreement to settle his/her injury claim according to the terms set forth in this Release. 2 1 6K 3 Medicare Recovery Action Releasor agrees to hold harmless, indemnify and defend Releasee from any cause of action, including, but not limited to, an action by CMS to recover or recoup Medicare benefits or loss of Medicare benefits, if CMS determines that the money set-aside has been spent inappropriately or for any recovery sought by Medicare, including past, present, and future and/or conditional payments. Releasor agrees not to use designated Medicare allocation funds to pay claims for conditional payments that may have been made by Medicare. Complete Understanding Releasor hereby declares that the terms of this Release have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final settlement of any and all claims, disputed or otherwise, on account of injuries and/or damages related to the Claims set forth herein, and for the express purpose of precluding forever any further additional claims against the Release arising out of the aforesaid incident, accident or occurrence. /1-.clie,dj (r,/, )(a.y.e___ RELEASOR'S SIGNATURE Any person who knowingly and with intent to injure,defraud,or deceive any insurance company,files a statement of claim containing any false,incomplete or misleading information is STATE OF cLoC-1 guilty of a felony of third degree. COUNTY OF CULL.I`ZEl SS: On this ,--3(`, day of ,c\rUC{Y , 20 I 1 before me appeared rvw E - Love-4(A kCiv - , to me personally know , or who produced ( _ 1) L_ as identification, and who, after first being duly sworn, acknowledged before me the execution of the f i��goin i strument as free act and deed for the consideration set forth therein. Sign ure oçArv7/ k otary Public Notary Public- Print, Type, or Stamp Commissioned Name My Commission Expires: C -/ -I �'►� Notary Public stab of Florida Candy D Carmona My Commission FF 988002 ar dr Expires 09/012019 3