Backup Documents 02/13/2018 Item #16K7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 K 7
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 KLN 2/13/18
4. BCC Office Board of County P‘S b
Commissioners '4 r z\v3\v4
5. Minutes and Records Clerk of Court's Office a),3),t 3 319Th
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 issing information.
Name of Primary Staff Kevin Noell Assistant County Attorney Phone Number 252-8400
Contact/Department
Agenda Date Item was 2/13/18 Agenda Item Number 16-K-7
Approved by the BCC
Type of Document Settlement Agreement-Monty Number of Original One
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 STAMP OK KLN
2. Does the document need to be sent to another agency for additional signatures? If yes, KLN
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 KLN
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 KLN
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 KLN
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 KLN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KLN
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 2/13/18 and all changes made during the KLN 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. .,his line.
9. Initials of attorney verifying that the attached document is the version approved by the ► is not
BCC,all changes directed by the BCC have been made,and the document is ready fort • - an Iption for
Chairman's signature. ,this line.
[04-COA-01081/1344830/1]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
1 6 K 7
MEMORANDUM
Date: February 14, 2018
To: Kevin Noell, Assistant County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement— Teresa E. Monty
Attached is a copy of the document referenced above, (Item #16K7) approved by the
Board of County Commissioners on Tuesday, February 13, 2018.
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.
16K7
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
entered into and made on this 02r114 day of i--e.lorvctar, 2018, by and between TERESA
E. MONTY, (hereinafter referred to as "Plaintiff') and Collier County Board of County
Commissioners (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 Teresa E. Monty v. Collier
County Board of County Commissioners, Case No. 16-CA-002155 (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.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, 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.
1 6 K 7
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
consideration of the sum of One Hundred Twelve Thousand Five Hundred and 00/100
($112,500.00) 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 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, medical bills 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.
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement,
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.
5. Plaintiff and the County acknowledge and agree that this Agreement is intended to and
shall be binding upon their respective owners, principals, officials, officers, employees,
1 6 K 7
ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses,
heirs, and affiliates.
6. Plaintiff and the County recognize and acknowledge that this Agreement memorializes
and states a settlement of disputed claims and nothing in this Agreement 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.
7. Plaintiff and the County acknowledge and agree that this Agreement is the product of
mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement 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.
8. This Agreement may be amended only by a written instrument specifically referring to
this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement, Plaintiff and the County agree that
all underlying causes of action or claims of Plaintiff have been extinguished by this
Agreement and that the sole remedy for breach of this Agreement 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.
10. This Agreement shall be governed by the laws of the State of Florida.
11. Plaintiff shall be solely responsible for payment and satisfaction of any liens, medical
bills, or any other expense, debt, or loss arising out of, or anyway connected to, injuries
and/or damages suffered from the incident described in the Lawsuit.
1 6 K 7
12. Notwithstanding anything herein to the contrary, this Release shall not release any health,
disability or other insurance carrier or self-insureds from its obligation to provide any
personal injury protection coverage, medical payment coverage, uninsured/underinsured
motorist coverage, health insurance coverage, major medical insurance coverage,
workers' compensation benefits/insurance, and/or disability insurance coverage from all
claims and demands, rights and causes of action of any kind the undersigned now has or
hereafter may have, on account of personal injuries known or unknown to the
undersigned arising from the subject accident. It is the intention of the parties to this
agreement to release and discharge the Releasees only, and to reserve all rights of
Releasor, to obtain all first party benefits to which Releasor may be entitled. The terms
of this release are limited to resolve and release all pending claims which exist as to the
County, as well as its elected officials, officers, employees, ex-employees, agents,
attorneys, representatives, successors, assigns, insurers, and affiliates. Any and all claims
which have been made, or which may exist, as to any other person, corporation,
partnership or other legal entity shall not be compromised or extinguished by the terms of
this release.
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. BROCK, Clerk BOARD OF OU► Y COM i ' j RS
OF COL .i R ` ri It
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By. -� .�.,... By: 'tern# ����
�fesl Ittai ni ANDY SOLIS, Chairman 2_\t3\kg
signature only. Agenda of r ,r, 1'
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Date
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Deputy —elk
1 6 K 7
Approved as to form and legality:
. '-'-.;;..247
Kevin L. Noell
Assistant County Attorney
AS TO PLAINTIFF:
By: 1 , jj
Teresa E. Monty, Plaintiff,
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this �"d day of 4 -2018, by
TERESA E. MONTY, who is ( ) personally known to me or ( t/3produced
—VD-Av-ers <<c._--s Q, as identification.
____77– –/e–A c-Q-4. __
(Signature of Notary Public -State of Florida)
(Print, Type, or Stamp Commissioned Name of
Notary Public)
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THE UPS STCRE
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Naples FL 34104
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