Backup Documents 06/25/2019 Item #16K 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 6
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 County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office CMG 7/10/19
4. BCC Office Board of County b
Commissioners •A N{
5. Minutes and Records Clerk of Court's Office
K. 1I5I
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 Greene—Assistant County Phone Number 252-8400
Contact/Department Attorney
Agenda Date Item was t Agenda Item Number 16-K-6
Approved by the BCC to VZs\\Q
Type of Document Number of Original One
Attached >�- -`�'^� Y ,\I'c'cSv-&, Documents Attached
PO number or account
number if document is n/a
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 STAMP OK 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 CMG
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. 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!
8. The document was approved by the BCC on 6/25/19 and all changes made during the CMG N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. _ this line.
9. Initials of attorney verifying that the attached document is the version approved by the G'6 N "s not
BCC,all changes directed by the BCC have been made,and the document is ready for an o tion for
Chairman's signature. ��yc t me.
[04-C0A-01081/1344830/111: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
1 61( 6
MEMORANDUM
Date: July 15, 2019
To: Colleen Green, Assistant County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement in the lawsuit styled
Landon Reed v. Collier County Board of County Commissioners
Case No. 2:18-cv-350-FtM-29MRM
Attached for your records is a copy of the document referenced above, (Item #16K6)
approved by the Board of County Commissioners on Tuesday, June 25. 2019.
The original has been held by the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6 K 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 A5'j\day of
3 /$116 , 2019, by and between LANDON REED, (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.: 2:18-cv-350-FtM-29MRM, (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.
(2:18-cv-350/1480272/1]
16K6
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 Five Thousand Dollars and 00/100 ($5,000.00) 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
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 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
[2:18-cv-350/1480272/1] 2
1 61( 6
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 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.
[2:18-cv-350/1480272/1] 3
16K6
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 Plaintiffs 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.]
[2:18-cv-350/1480272/1] 4
16K6
IN WITNESS WHEREOF, Plaintiff, and the County have signed and sealed this
Agreement and Release as set forth below.
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crysl Kinzel, Clerk OF COLLIE' '• - LORIDA
_ /O =^moi
C, ` � k F' � e k Wi lam L. McDaniel,Jr., Chai an
x
Approvgd as tq foam and By:,
legality: Lando Reed, Plaintiff
Leeozs_1(0
Colleen M. Greene
Assistant County Attorney _40L
By: r ..iv ._.ili—r- .-i
4: fl!a. Esq.
Attorney or Plaintiff
STATE OF f L.
COUNTY OF L
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND
COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Landon Reed, before
me on this f yI'h day of J ( r.,t, , 2019.
- 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:
pl•N DAWN H.BERNARDO
* * MY COMMISSION I FF 511480 ftem# 1164._`r
EXPIRES:December 7,2018
%+p�„oe BortdeCThruBudget Notify Sykes Agenda t
Date
Date
Rec'd
[2:18-cv-350/1480272/1] 5
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