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Agenda 09/22/2015 Item #16K5 9/22/2015 16.K.5. EXECUTIVE SUMMARY Recommendation to approve a Settlement Agreement in the sum of$55,000 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled Cheryl Wilson-Watson v. Collier County Board of County Commissioners, Case No. 2:14- cv-749-FtM-29CM now pending in the United States District Court, Middle District of Florida Fort Myers Division. (Fiscal Impact: $55,000). OBJECTIVE: To end a federal discrimination lawsuit now pending in the Federal Court House in Fort Myers. CONSIDERATIONS: The Plaintiff, Cheryl Wilson-Watson, is a former Collier County Emergency Medical Technician (EMT). Ms. Wilson-Watson was separated from County service in March 2011 in compliance with County policy. Ms. Wilson-Watson alleges that the County discriminated against her based on her gender, age, and alleged disability. The County filed an Answer and Affirmative Defenses denying Ms. Wilson-Watson's allegations in their entirety. With this settlement agreement, neither party admits any liability or fault. The parties attended Court Ordered Mediation on September 4, 2015. The parties agreed to settle all claims for $55,000 subject to Board approval. If agreed to by the Board, no other costs or fees would be due, as plaintiffs attorney's fees would be paid out of this settlement sum. The County Attorney and Risk Management Director recommend that the Board accept this settlement for the following reasons: 1. This case would be referred to outside counsel to try this case in federal court, and the attorney's fees would start at approximately $75,000 and may reach as high as $100,000.00 2. If the County does not prevail, then in addition to the $75,000-$100,000 in legal fees we expect to incur, the County would be responsible under Federal law for plaintiffs legal fees, plus whatever damages may be awarded by the jury. FISCAL IMPACT: Funds in the amount of$55,000 will come out of Fund 516, Property and Casualty Insurance. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approves the attached Settlement Agreement in the total sum of$55.000 and directs the County Attorney to file all documents necessary to end with prejudice the lawsuit referred to above. The County Attorney requests that if any Commissioner wishes to discuss this item, that the item be continued to allow the County Attorney to conduct a Shade Session for the following Board meeting. PREPARED BY: Colleen M. Greene, Assistant County Attorney Jeffrey A. Klatzkow, County Attorney Packet Page -2282- 9/22/2015 16.K.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.5. Item Summary: Recommendation to approve a Settlement Agreement in the sum of $55,000 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled Cheryl Wilson-Watson v. Collier County Board of County Commissioners, Case No. 2:14-cv-749-FtM-29CM now pending in the United States District Court, Middle District of Florida Fort Myers Division. (Fiscal Impact: $55,000). Meeting Date: 9/22/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 9/11/2015 10:21:55 AM Submitted by Title: Assistant County Attorney, CAO General Services Name: GreeneColleen 9/11/2015 10:21:56 AM Approved By Name: WalkerJeff Title: Division Director-Risk Management. Administrative Services Department Date: 9/11/2015 10:45:07 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 9/11/2015 4:00:32 PM Name: KlatzkowJeff Title: County Attorney. Date: 9/11/2015 4:50:22 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc. Office of Management&Budget Packet Page -2283- 9/22/2015 16.K.5. Date: 9/14/2015 8:51:57 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/14/2015 1:03:00 PM • Packet Page -2284- • 9/22/2015 16.K.5. 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 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 Plaintiff's attorney agree and covenant to fully comply with all applicable Medicare laws, liens, and Set-Asides, specifically including Section 42 USC § 1395y; and WHEREAS, Plaintiff agrees to be responsible for any tax consequences or liabilities, if any, as a result of this Settlement Agreement. Page 1 of 5 Packet Page -2285- • 9/22/2015 16.K.5. 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: 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 wa whether dir.egtly or indirectly, to the Lawsuit, and for and in c� ,,� Z �Fy -ft ve 4es �Do��tr� onsideration of the sum of and 00/100 ($4619.00) 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 Page 2 of 5 Packet Page -2286- 9/22/2015 16.K.5. 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 Plaintiff's 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, Iiability, 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 Packet Page -2287- 9/22/2015 16.K.5. STATE OF Fton;01-a- f,COUNTY OF i l e THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORI WAS SWORN TO and subscribed by CHERYL WILSON- W• SON,before me on this LtL day of September,2015. —a-11!: 1 Personally Known Signature off. Public I or Produced Identification P/vrdcLJJ�r Uf rS �t C � 'L Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: HEATHER Buy i ,.; ,•, :.= MY COMMISSION i FF046985 ; EXPIRES:September 20,2017 s "rnati.V Bonded Thai ti3karyPubfcUndenrilas C Page 5 of 5 Packet Page -2288-