Agenda 07/08/2014 Item #16K 27/8/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve the mediation settlement prior to trial in the lawsuit entitled
Geraldine Harris v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier
County, Florida, Case No. 13- 904 -CA for the sum of $10,000 and authorize the Chairman
to execute the Settlement Agreement and Mutual Release.
OBJECTIVE: Recommendation to approve the mediation settlement in the lawsuit filed by
Geraldine Harris against the Board of County Commissioners, for the sum of $10,000.00 and
authorize the Chairman to execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises from a sewer back -up that occurred into the
Plaintiffs residence on March 17, 2009. Plaintiff alleged she incurred damage to her residence,
personal property, and incurred rental expense as a result of the sewer back -up. Plaintiff alleged
total damages of approximately $40,000. Through discovery, including the Plaintiffs
deposition, it was discovered that Plaintiff's home was in foreclosure at the time of the back -up
and no repairs were made to the residence prior to the foreclosure judgment. Therefore, the only
damages owing were for personal property, rental expense incurred, and the inconvenience and
hardship caused due to the back -up. Since the back -up was a result of a blockage on the
County's side the County is liable and the question is one of reasonable compensation for the
damages realized. In addition, if the matter went to trial, the County would incur trial
preparation costs in the range of $1,500 - $2,000.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund and the total impact will be $10,000. Plaintiff has agreed to pay all mediation
costs.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement
with the Risk Management Department and recommends that the Board of County
Commissioners approve this proposed Settlement Agreement. The County is liable for causing
the back -up and damages awarded could be significantly higher than $10,000. This item has
been approved as to form and legality, and requires majority support for approval. -KLN
RECOMMENDATION: For the Board of County Commissioners to accept the mediation
settlement in the lawsuit filed against the Board of County Commissioners by Geraldine Harris
for the sum of $10,000.00 and authorize the Chairman to execute the Settlement Agreement and
Mutual Release.
PREPARED BY: Kevin Noell, Assistant County Attorney
13- 904- CA/155
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve the mediation settlement prior to trial in
the lawsuit entitled Geraldine Harris v. Collier County, filed in the Twentieth Judicial Circuit in
and for Collier County, Florida, Case No. 13- 904 -CA for the sum of $10,000 and authorize the
Chairman to execute the Settlement Agreement and Mutual Release.
Meeting Date: 7/8/2014
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
6/24/2014 3:57:36 PM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: NoellKevin
6/24/2014 3:57:37 PM
Approved By
Name: WalkerJeff
Title: Director - Risk Management, Risk Management
Date: 6/25/2014 7:42:22 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/25/2014 8:13:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 4:56:25 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/27/2014 11:03:13 AM
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Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2014 8:38:42 PM
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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
, 2014, by and between Geraldine Harris (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 Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida, styled Geraldine Harris v. Collier
County, Florida, Case No. 13- 904 -CA (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 her as well as her respective owners, principals, elected officials,
officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs and affiliates.
WHEREAS, Plaintiff has also agreed to pay the mediation costs incurred by the County.
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.
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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 Ten Thousand Dollars and 00 /100 ($10,000.00) and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff
agrees to dismiss the Lawsuit with prejudice and pay the mediation costs incurred by the County.
Settlement proceeds shall be paid within twenty (20) days from the date the Agreement is
approved by the Board of County Commissioners.
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, 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
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 the County acknowledge and agree that this Agreement and Release
is intended to and shall be binding upon their respective owners, principals, officials, officers,
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employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns,
spouses, heirs, and affiliates.
6. 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.
7. 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.
8. 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.
9. 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
such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in
Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of Florida.
[Signature page to follow.]
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IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
Date:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legality:
Kevin L. Noell
Assistant County Attorney
STATE OF
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Tom Henning
Chairman
By:
Geral 'ne ftarris, Plaintiff
By:
Mark A. Slack, Esq.
Attorney for Plaintiff
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by GERALDINE
HARRIS, before me on this day of , 2014:
Signature o Notary Public
_pe-nis- M - &/A-tJ.S
Commissioned Name of Notary Public
(Please print, type or stamp)
Personally Known
or
Produced Identification
My Commission expires: "9, � oz
13- 904- CA/154
Type of Identification Produced
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DENISE M EV —'
Notary Public - Michigan
Oakland County
My Commission Expires Jul 9
Acting in the County ofalCf�