Backup Documents 06/13/2017 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO b I
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
**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 JAK 6/15/1
4. BCC Office Board of County 'T \rj
Commissioners tfv /5 I (p I 15\
5. Minutes and Records Clerk of Court's Office
S(46 V-4aetetifYI
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 Jeffrey A. Klatzkow, County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 6/13/17 Agenda Item Number 16K1
Approved by the BCC
Type of Document Settlement Agreement ✓ 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? skamo, K JAK
2. Does the document need to be sent to another agency for additional signatttres? If yes, JAK
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 JAK
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
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 6/13/17 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the JAK � .
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. ��i `':
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
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Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday,June 16, 2017 8:53 AM
To: NeetVirginia (VirginiaNeet@colliergov.net)
Subject: 6-13-2017 Item #16K1 (Dion Jackson Settlement Agreement)
Attachments: Backup Documents 06_13_2017 Item #16K1.pdf
HI Divtvty,
A copy of Itewt 4#16K1 frowt Tuesday's Board Meeting,
re: the Pion Jackson Settlevvtevtt Agreement is attached
for your/JefPs records.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406, Fax 239-252-8408
16K1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DION JACKSON("UBER-G"),
Plaintiff,
v. CASE NO. 2:15-cv-666-FtM-99CM
COLLIER COUNTYY, ET AL.,
Defendants.
MEDIATED SETTLEMENT AGREEMENT
This mediated settlement agreement(hereafter referred to as"Agreement")is made
and entered into this 13th day of June, 2017, by and between Dion Jackson, an individual
and Collier County,Florida("Collier County").
Recitals:
WHEREAS,Dion Jackson and Collier County are engaged a dispute as set forth in
the allegations of the Complaint in the above-referenced action; and
WHEREAS,the County generally denies the allegations set forth in the Complaint;
and
WHEREAS, the parties wish to walk away from one another without any further
right, duty, or obligation between them.
NOW,THEREFORE,in consideration of the foregoing premises and the following
mutual promises,the parties agree as follows:
1. Payment. Collier County will pay Dion Jackson the sum of eleven thousand
dollars ($11,000), and cover the full costs of the mediator in the mediation held
today, in full settlement of all claims made by Dion Jackson, or which could be
made by Dion Jackson, and Dion Jackson hereby accepts the sum of eleven
thousand dollars($11,000) in satisfaction of any and all claims against the County
and all of the other named defendants, which have been made, or could be made,
and agrees that he is owed nothing further by the County.
2. Releases. Except for the obligations of this Agreement, which are not hereby
released and which shall survive the execution hereof,Dion Jackson an individual,
and Collier County, for himself and for his respective successors and assigns,
hereby remise,release,acquit,waive,satisfy and forever discharge one another and
one another's respective officers, officials, directors, shareholders, managers,
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members, employees, agents, servants, representatives, spouses, and insurers, and
the respective personal representatives,heirs,successors and assigns of all of them,
of and from all, and all manner of action and actions, cause and causes of action,
suits, debts, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, guarantees, warranties
(whether express or implied, and whether based on statute, common law or
otherwise), third-party claims, bad faith claims, additional insured claims, claims
for false arrest and/or malicious prosecution, subrogation claims, variances,
trespasses, damages, judgments, executions, claims and demands whatsoever,
which either has or may have against the other,whether arising in tort,by contract,
by virtue of statute, Constitution, or otherwise, and whether in law or in equity,
regardless of whether the same are known or unknown, suspected or unsuspected,
patent or latent, or have yet accrued or not accrued (all of which are referred to
herein collectively as "Claims").
In exchange for the settlement funds, Dion Jackson shall execute and deliver to
counsel for Collier County a stipulation for Voluntary Dismissal with Prejudice as
to all of the defendants.
3. Entire Agreement. This Agreement sets forth the entire understanding of the
parties and no verbal or written warranties or representations have been made or
have been relied upon which do not appear in writing within this Agreement. Any
reliance on verbal or other representations which do not appear within this
Agreement shall be deemed unjustifiable reliance. Each party hereto is represented
by that party's own counsel (or has had the opportunity to confer with counsel of
their own choosing) and has had the benefit of(or the opportunity to have the
benefit of) such counsel's advice in reviewing, commenting upon, and modifying
this Agreement.
4. Modification of Agreement. This Agreement may not be amended or modified
except by written instrument signed by all of the parties hereto,and the parties agree
that this provision may not be waived except in writing.
5. Waiver The rights of the parties under this Agreement are to be considered
cumulative, and the failure on the part of any party to exercise or enforce properly
or promptly any rights arising out of this Agreement shall not operate to forfeit or
serve as a waiver of any of those or other rights. The waiver by one party of the
performance of any covenant or condition herein shall not invalidate this
Agreement, nor shall it be considered to be a waiver by such party of any other
covenant or condition herein. The waiver by any party of the time for performing
any act shall not constitute a waiver of the time for performing any other act or an
identical act required to be performed at a later time.
6. Mediator As Scrivener; Interpretation. The mediator has provided the initial
draft of this Agreement to the parties and their counsel as a draft for their
consideration. The mediator has done so as an accommodation to assist the parties
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in memorializing their agreement and has not done so in order to render any legal
advice. The parties and their counsel have been free to add to, delete from, and to
otherwise change the initial draft as they have seen fit. Any changes made to the
initial draft of this Agreement have been at the request of one or more of the parties
to this Agreement (or their counsel) and represent the memorialization of their
intent. The parties hereto acknowledge and agree that the mediator has not
provided them with any legal advice(either during the course of the mediation
or in connection with the negotiation and preparation of this Agreement),and
that they have obtained (or have had the opportunity to obtain) their own
independent legal advice prior to executing this Agreement. The parties hereto
agree that in the event of any dispute as to the precise meaning of any term or
provision contained herein, the principle of construction and interpretation that
written documents are to be construed against the party preparing the same shall
not be applicable. Wherever used herein, the singular shall include the plural, the
plural shall include the singular,and pronouns shall be read as masculine,feminine
or neuter, all as the context requires.
7. Cooperation. The parties hereto agree to cooperate fully in the execution of any
documents or performance in any way which may be reasonably necessary to carry
out the purposes of this Agreement and to effectuate the intent of the parties hereto.
S. No Admission of Liability. By this settlement, no party admits any liability, but
rather the parties have agreed to this settlement as a compromise of disputed claims
in the interests of avoiding the costs and uncertainty of continued litigation.
9. Time is of the Essence. Time is of the essence of this Agreement.
10.Headings. The headings used in this Agreement are for convenience and reference
only and in no way define, describe, extend, or limit the scope or intent of this
Agreement or the intent of any provision in it.
11. Severability. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be illegal, invalid or unenforceable for any reason,
whether on its face or as applied,the remaining provisions shall remain in full force
and effect.
12. Benefit and Binding Effect. This Agreement shall inure to the benefit of and be
binding upon the parties, their heirs, successors and assigns. This Agreement may
be executed in one or more counterparts,each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument. The
individuals signing below on behalf of entities represent and warrant that they have
the full authority to bind their respective entities to all of the provisions hereof.
Signatures by facsimile transmission or other electronic transmission of this
Agreement shall be acceptable and binding upon the Parties. A copy hereof shall
be as binding as the executed original.
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13. Governing Law. This Agreement shall be governed by the laws of the State of
Florida,without regard to its principles of conflicts of law.
14. Condition Precedent. Any and all other provisions of this Agreement to the
contrary notwithstanding, this Agreement is expressly subject to and conditioned
upon its being approved by the Board of County Commissioners of Collier County,
Florida at a duly notice board meeting within the next thirty (30) days. If so
approved, this Agreement shall be in full force and effect in accordance with the
terms hereof. If not so approved,then this Agreement shall be null and void and of
no force or effect whatsoever.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date first
stat.• :hoe..
.
wion Jackson
AS TO COUNTY:
ATTEST:
DWIGHT,E.BRQCK, Clerk BOARD i F '. b TY COMMISSIONERS
OF COL., R '•UNTY,FLORI
AttestpJ" ;; Clerk Penny Tayloor airman ,
ign• uonly.
Ap. • . : it;P form and legality:
Na.'
Jeffrey 1. �" , County Attorney
{tem# L2
Agenda C0'13,1t
Date
Date fn
Rec'd
4 Deputy C