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Backup Documents 04/09/2013 Item #12A _ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 14ars A 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 Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CMG 4/15/13 4. BCC Office Board of County GN Commissioners k..-\\\-' 5. Minutes and Records Clerk of Court's Office 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 Colleen M. eene,Assistant County Phone Number 252-8400 Contact/ Department Attorney– ffice of the County Attorney Agenda Date Item was 4/9/13 Agenda Item Number 12A(16K3) Approved by the BCC Type of Document Settlement Agreement and Mutual Release Number of Original 1 Attached return original to CAO 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? CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG 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 CMG 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 CMG 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 CMG 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 CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CMG should be provided to the County Attorney Office at the ti e the item is input into SIRE. Some documents are time sensitive and require forwardi to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awa of your deadlines! 8. The document was approved by the BCC on 4/9/1 and all changes made during the CMG 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 H BCC,all changes directed by the BCC have been made,and the document is ready for th Chairman's signature. — 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 12 A MEMORANDUM Date: April 17, 2013 To: Colleen Greene, Assistant County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release —Joel Chandler Attached is a copy of the agreement referenced above, (Item #12A) approved by the Board of County Commissioners April 9, 2013. The original agreement is being held in the Minutes & Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachments 12A 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 /0 day of `���i/ , 2013 by and between JOEL EDWARD CHANDLER, (hereinafter referred to as "Plaintiff') and COLLIER COUNTY, a political subdivision of this State (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 Joel Edward Chandler v. Collier County, a political subdivision of this State, Case No. 13-644-CA (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 incident described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce his settlement to a writing so that it shall be binding upon him as well as his 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: 1 124 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 One Thousand Four Hundred Seventy-Four 50/100 Dollars and 00/100 ($1,474.50) 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 allegations 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 12A 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. 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. 3 12A 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Rele..e as set forth below. Date: Y 9 /� ATTEST.: BOARD OF COUNTY COMMISSIONERS DWIGHT E.'BR,OCK,:.Clerk OF CO JER COU TY, FLORIDA %$ 4By: A est as to Charman;' eputy Clerk - ^''HILLER, ESQ., Chairwoman FirmturE•?only. Approved as to form and By: _ legal sufficiency: JOE DWARD CHANDLER, Plaintiff ( „/�/l • Se Colleen M.M. Greene iCC *Ig1i3 Assistant County Attorney STATE OF .V0)��� COUNTY OF POSLS�, THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by JOEL EDWARD CHANDLER, before me on this l0 day of , 2013. 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: Notary Public State of Florida 1 L-2962-CA/5365 D S RObeR3 My Commission EE 880096 or Expires 04/28/2017 4 Public records watchdog sues several Tampa Bay agencies I Tampa Bay Times l Page 1 of 2 124 Tampa Hdlg MIMS Public records watchdog sues several Tampa Bay agencies Monday,January 21,2013 3:30am TAMPA—Joel Chandler is obsessed with public records. He used to have a job and a sailboat.But he sold most of his possessions to bankroll a different full-time pursuit:ensuring Florida agencies follow public records laws. Chandler,48,estimates that over the past five years,he has sued more than 10o government agencies and state contractors that have denied his records requests. Since November,he and his brother,Robert Chandler,have filed 41 new lawsuits. Their latest targets include the sheriffs of Hillsborough and Pasco counties and the city of St.Petersburg. Here's how they do it: One of the Chandlers walks into a government building,such as a sheriffs office substation.He points to a visible document,often the visitor's log. Can I look at that?he asks. Joel Chandler says about a third of the employees hand over the records.The rest do not. Sometimes,the employee asks for Chandler's name,identification or a written request.Sometimes,the worker says he needs permission.Not true,Chandler says. Florida Statute 119:It is the policy of this state that all state,county,and municipal records are open for personal inspection and copying by any person.Providing access to public records is a duty of each agency. When the Chandlers don't get the records,they sue. Not to get rich,Joel Chandler says.He has been accused of filing lawsuits for the money,but he wins only attorney fees. But he does usually win. The Lakeland man guesses his lawsuits have cost government agencies and contractors more than$1 million. "It's a terrible waste—a horrible waste—of taxpayer money,"he said. But it's the agencies'fault,not his,he said. "The only reason this money is being spent is because public officials are breaking the law,"Chandler said. "And filing a lawsuit is the only option you've got—there's no other way to tattle." In the past,agencies have accused him of"gotcha"litigation,but many eventually settle. http://www.tampabay.com/news/courts/civil/public-records-watchdog-sues-several-tampa-b... 4/8/2013 Public records watchdog sues several Tampa Bay agencies I Tampa Bay Times Page 2 of 2 1 2 A Chandler documents his efforts on his blog,FOGWatch,where he has posted videos of some of his visits to government agencies. Last week,he traveled to Tallahassee to talk to state senators about open government issues.He spoke before the Florida Senate Committee on Government Oversight and Accountability regarding Transparency 2.0,a$5 million budget transparency program that was never made available to the public. He also met Florida Senate President Don Gaetz. The pair discussed open records and several of Chandler's concerns.Gaetz told the Tampa Bay Times that he was interested to hear from Chandler that government agencies have not been holding contractors accountable when it comes to public records laws. If contractors do not comply with public records requests,the government agency the company is working under can cancel the contract. According to Chandler,the agencies don't. "Joel Chandler is the burr under the saddle of insensitive government,"Gaetz said."And a burr under the saddle is uncomfortable.But he is a necessary nudge to insensitive government agencies and contractors,and I think he performs a public service." Chandler plans to continue"auditing"government agencies and is currently trying to establish a nonprofit that he can operate under."There are times where it feels overwhelming—like I'm fighting a fight I'm never going to win,"Chandler said."Sometimes,I feel that way.But I go to sleep,and the next morning I feel better." Times news researcher John Martin contributed to this report.Jessica Vander Velde can be reached at jvandervelde @tampabay.com or(813)226-3433. Public records watchdog sues several Tampa Bay agencies 01121/13 ©2013 Tampa Bay Times http://www.tampabay.com/news/courts/civil/public-records-watchdog-sues-several-tampa-b... 4/8/2013