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Backup Documents 11/13/2012 Item #16K 6ORIGINAL DOCUMENTS CHECKLIST & ROl TO ACCOMPANY ALL ORIGINAL DOCUMENTS THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The coi documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the docui exception of the Chairman's signature, draw aline throu h routing lines #1 throu #4, complete the checklist, and forward GSL16 6 'TO GNATURE deted routing slip and original it is already complete with the Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initi is Date 1. appropriate Applicable) 2. November 13, 2012 Agenda Item Number 16K6 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Settlement Agreements & Mutual Releases Number of Original Three (3) 5. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office �(y\ It (I L( [[Z PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the pers n who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to con act staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after a BCC has acted to approve the item.) Name of Primary Staff Colleen M. Greene, Assistant County Atty Phone Number X 8400 Contact appropriate Applicable) Agenda Date Item was November 13, 2012 Agenda Item Number 16K6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Settlement Agreements & Mutual Releases Number of Original Three (3) Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 11__./ I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate Applicable) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ICMG si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 11/13/2012 and all changes made during CMG the meeting have been incorporated in the attached document. The County Attorney' Office has reviewed the changes, if applicable. r 11__./ I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16K 6 MEMORANDUM Date: November 15, 2012 To: Colleen Greene County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement & Mutual Release Collier County v. David Scribner Enclosed please find two originals referenced above (Agenda Item #16K6), which was approved by the Board of County Commissioners on Tuesday, November 13, 2012. An original has been kept in the Minutes & Records Department as part of the Board's Official Records. If you have any questions, please call me at 252 -7240. Thank you. 16K 6 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 November, 2012 by and between DAVID SCRIBNER, (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.: 2:10 -cv- 728- FtM- 29- JES -DNF, (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. 1 16K 6 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 way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Sixty One Thousand Two Hundred Fifty Dollars and 00/100 ($61,250.00) 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 N 161( 6 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 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, liability, 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 3 16K 6 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. 11. 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. 12. This Agreement and Release shall be governed by the laws of the State of Florida. 13. Plaintiff and Plaintiff's attorney shall be solely responsible for any Medicare lien, other liens, or Medicare Set - Asides. 14. Plaintiff is responsible for any tax consequences or liabilities, if any, as a result of this Settlement Agreement. [Signature page to follow.] M 16K 6-4 IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this Agreement and Release as set forth below. Date: I1' 13 11a ATTEST: DWIGHT E' BfibCK,'Clerk li t* qty# put Clerk Approved 6s to form and legal sufficiency: Colleen M. Greene Assistant County Attorney STATE OF R(Ll `CQ 0,- COUNTY OF Q/L BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA„ in Fred W. Coyle, Chairm By: DAVID SCRIBNER, Plaintiff LM 6 )k-, L Bradley P. Rothman, Esq. Attorney for Plaintiff THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by DAVID SCRIBNER, before �m/e�on this _ E41 day of 2012. Personally Known Signatur f Notary Public or Produced Identification AjqLA4Eyjr%,Q- Toned Name of Notary Public (Please print, type or stamp) My Commission expires: �,��`� ...MM sz: Type of Identification Produced 5