Agenda 02/12/2013 Item #16K12/12/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement in the sum of $4,000.00 prior to trial
in the lawsuit entitled Michael A. Padron Ill, v Collier County, filed in the Twentieth
Judicial Circuit in and for Collier County, Florida (Case No. 12 -CA -924) and authorize the
Chairwoman to execute the Settlement Agreement and Release (Fiscal Impact: $4,000).
OBJECTIVE: Recommendation to approve the settlement in the lawsuit entitled Michael A.
Padron III, v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County,
Florida (Case No. 12 -CA -924) and authorize the Chairwoman to execute the Settlement
Agreement and Release.
CONSIDERATIONS: The Plaintiff filed suit against the County alleging promissory estoppel
and negligent misrepresentation stemming from his job application and tentative employment
offer. On April 22, 2011, the County notified Plaintiff he had been hired as a Plans Reviewer
contingent upon Plaintiff's successful completion and satisfactory results of the County's
screening process, including, but not limited to criminal background checks, reference checks,
fingerprinting, and drug test. Once the background screening results were received, the County
informed Plaintiff that he was not accepted for employment. The Plaintiff alleges that he
terminated his employment with the City of Marathon and made arrangements to move to Naples
based on his reliance of the contingent employment offer. The County denies the allegations and
affirms that it acted in compliance with its hiring and employment practices.
Notwithstanding said denial, the parties engaged in settlement discussions prior to the initiation
of costly discovery. The parties have agreed to settle this dispute with neither party admitting
nor accepting any liability for $4,000 payment by the County, subject to Board approval. If
agreed to by the Board, no other costs or fees would be due, as Plaintiffs attorney's fees will be
paid out of the total settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund and the total impact will be $4,000.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this settlement
with the Risk Management Department and Human Resources Department and recommends that
the Board of County Commissioners approve this Settlement Agreement. This settlement is
reasonable based on the anticipated costs associated with conducting additional discovery,
mediation fees, and costs for trial which could near or exceed the settlement amount. This item
requires majority vote and is legally sufficient for Board action. - CMG
RECOMMENDATION: For the Board of County Commissioners to accept the settlement in
the lawsuit entitled Michael A. Padron III, v. Collier County, filed in the Twentieth Judicial
Circuit in and for Collier County, Florida (Case No. 12 -CA -924) for the sum of $4,000.00 and
authorize the Chairwoman to execute the Settlement Agreement.
Packet Page -2240-
PREPARED BY: Colleen M. Greene, Assistant County Attorney
12- 0924CA/50
Packet Page -2241-
e
2/12/2013 16.K.1.
n
2/12/2013 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Settlement Agreement in the sum of
$4,000 prior to trial in the lawsuit entitled Michael A. Padron III, v. Collier County, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 12 -CA -924) and authorize
the Chairwoman to execute the Settlement Agreement and Release (Fiscal Impact: $4,000).
Meeting Date: 2/12/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/31/2013 10:05:37 AM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 1/31/201' ) 10:34:17 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 1/31/2013 3:29:31 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/31/2013 3 :51:24 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/1/2013 10:22:03 AM
Name: OchsLeo
Title: County Manager
Date: 2/3/2013 11:56:01 AM
Packet Page -2242-
2/12/2013 16. K.1.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE I.—N
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter
referred to as the "Agreement and Release ") is entered into and made on this
day of February, 2013 by and between Michael A. Padron, III, (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 Michael A.
Padron, /!I v. Collier County, Case No. 12- 924 -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 them as well as their 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 Release, and with the intent to be legally
bound, Plaintiff and the County agree as follows:
1
Packet Page -2243-
2/12/2013 16. K.1.
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 way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Four Thousand Dollars and 00/100 ($4,000.00) and other
valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice.
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 himself, his 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 he 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 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.
2
Packet Page -2244-
2/12/2013 16.K.1.
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, 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.
B. 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
3
Packet Page -2245-
2/12/2013 16.K.1.
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.]
4
Packet Page -2246-
2/12/2013 16. K.1.
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
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
STATE OF
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
In
IN
Georgia A. Hiller, Esq., Chairwoman
MICHAEL A. PADRON, III, Plaintiff
By:
Bradley A. Tobin, Esq.
Attorney for Plaintiff
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by MICHAEL A.
PADRON, 111, before me on this day of 12013.
Personally Known
Signature of Notary Public or
Produced Identification
Commissioned Name of Notary Public Type of Identification Produced
(Please print, type or stamp)
My Commission expires:
12-D924-CA/51
5
Packet Page -2247-