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Backup Documents 04/13/2010 Item #16K 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. I he completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item -) ROUTING SLIP Complete routing lines #1 through #4 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 #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. (Initial) Applicable) 2. 04/13/10 Agenda Item Number 16 -K -2 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Colleen M. Greene, ACA County Attorney �7 04/16/10 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC oil-ice only after the BCC has acted to approve the item. Name of Primary Staff Colleen M. Greene Phone Number 252 -8400 Contact (Initial) Applicable) Agenda Date Item was 04/13/10 Agenda Item Number 16 -K -2 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Settlement Agreement and Mutual Release Number of Original 3 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.0304, Revised 1.26.05, Revised 2.24.05 amatter _number> /adocument_numbern Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the CMG 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 13CC 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 Office and N/A 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 document or CMG the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A 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 04/13/10 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed P!� the changes, if applicable. 7. Please return two executed originals to Colleen M. Greene, ACA CMG 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.0304, Revised 1.26.05, Revised 2.24.05 amatter _number> /adocument_numbern 16x2 MEMORANDUM Date: April 20, 2010 To: Colleen Greene County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Settlement Agreement & Mutual Release Enclosed please find two originals referenced above (Agenda Item #16K2), which was approved by the Board of County Commissioners on Tuesday, April 13, 2010. If you have any questions, please call me at 252 -8411. Thank you. Enclosures (2) 16K2 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 -A3_ day of - 2010 by and between JAMES COONEY and ROSEMARY COONEY, (hereinafter referred to as "Plaintiffs ") and Board of County Commissioners for Collier County (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled James Cooney and Rosemary Cooney, husband and wife v. Collier County, Florida, a political subdivision of the State of Florida, Case No. 09- 2494 -CA (hereinafter referred to as the "Lawsuit "); and WHEREAS, Plaintiffs 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, Plaintiffs 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. In addition, this settlement is specifically binding on the Plaintiffs' three minor children. 16K2 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, Plaintiffs and the County agree as follows: 1. Plaintiffs 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 Six Thousand Six hundred Five Dollars and 00/100 ($6,605.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiffs, Plaintiffs agree to dismiss the Lawsuit with prejudice. Of the total, $605.00 will be paid directly from Collier County Risk Management to Collier County EMS. 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, Plaintiffs, 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 2 16K2 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, Plaintiffs 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. Plaintiffs 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. Plaintiffs 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 Plaintiffs or the County. 7. Plaintiffs 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. 3 16X,2 9. In the event of an alleged breach of this Agreement and Release, Plaintiffs and the County agree that all underlying causes of action or claims of Plaintiffs 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, Plaintiffs 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. 11. Plaintiffs and Plaintiffs' attorney shall be solely responsible for any Medicare lien or other liens. IN WITNESS WHEREOF, Plaintiffs, and the County have signed and sealed this Agreement and Release as set forth below. Date: L 7 0 ZLG L O ATTEST: ' ? BOARD OF COUNTY COMMISSIONERS DWIQHT,,;�. BROCK, Clerk OF COLLIER COUNTY, FLORIDA 'ls�W By: 1r.3 ,�i* C%CteW/rtyClerk FRED W. COYLE, Chair' an at ®nature on., Approved as to form and By: legal sufficiency: ES COO�(NN �E laintiff C&Qp M bw-� By:�l"°' Colleen M. Greene ROSEMARY C NEY, Plaintiff Assistant County Attorney 4 16K2 STATE OF COUNTY OF THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS AND 'U► 1 C ^.��� ;' ¢� ^�;;r�, F�Z�� SA3 5jWORN TO and subscribed by JAMES GOONEY and ROSEMARY COONEY, before me on this day of 2010. Signature of otary u� �riiAfll(PUHiKt?FNc"tA0,3' :' `i`� CDIIII�SSIOt1 �)�S. @5.'rC�1�47� Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: 09- 2494- CA/3502 5 Personally Known or Produced Identification Type of Identification Produced