Backup Documents 07/09/2019 Item #12B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 B
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR
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 7/9'9Pg
4. BCC Office Board of Countyko
Commissioners
5. Minutes and Records Clerk of Court's Office
t -t
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/County Attorney's Office 239-252-8400
Contact/ Department
Agenda Date Item was July 9,2019 Agenda Item Number
.6
Approved by the BCC 4��
Type of Document Settlement Agreement to settle the lawsuit styled Number of Original One
Attached Juan Carlos Gil v. Collier County, Florida, Case Documents Attached
No.2:19-cv-00372-SPC-UAM
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 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 routing slip CMG
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 July 9,2019 and all changes made during CMG
the 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
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
1: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
128
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, July 29, 2019 1:47 PM
To: RodriguezWanda; MarianRhyne
Subject: Settlement Agreement Item#12B (7-9-19 BCC Meeting)
Good Afternoon,
Settlement Agreement Item #1213 from the 13oard's
July q, zolq Meeting is ready to be picked up in our office.
Thank you!
Ann Jennejohn
BMR Senior Deputy Clerk
,=1,trr Clerk to the Value Adjustment Board
Office: 239-252-8406
Fax: 239-252-8408(if applicable)
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1
12 [3
MEMORANDUM
Date: July 29, 2019
To: Colleen Green, Assistant County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement: Juan Carlos Gil v.
Collier County, Florida, Case No. 2:19-cv-00372-SPC-UAM
Attached for further processing is the original document referenced above, (Item #12B)
approved by the Board of County Commissioners on Tuesday, July 9. 2019.
A copy will be held in 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
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and General Release ("Agreement") is entered into by and
between Juan Carlos Gil ("Plaintiff") and Collier County, FL ("Defendant") (Plaintiff and
Defendant are collectively referred to as the "Parties"), as follows:
RECITALS
WHEREAS, Plaintiff has filed a lawsuit against Defendant, styled Juan Carlos Gil v.
Collier County Case No. 2:19-cv-00372-SPC-UAM in the United States District Court, Middle
District of Florida, Fort Myers Division (the "Lawsuit"), seeking injunctive relief to remedy
alleged accessibility barriers on Defendant's website, www.colliercountyfl.gov ('`Website")1 in
violation of Title II of the Americans with Disabilities Act (the "ADA") and Section 504 of
the Rehabilitation Act of 1973;
WHEREAS, Plaintiff alleges that he attempted to use the Website, but that the Website
did not integrate with his screen reader software and that the Website did not have any other
means of access for the visually impaired;
WHEREAS,Defendant owns and operates the Website or controls and causes the Website
to be operated on Defendant's behalf, and which Defendant makes available to members of the
public to access with personal computers, laptops, mobile devices tablets, and other Internet-
connected devices;
WHEREAS, Defendant disputes, does not admit, and expressly denies the allegations set
forth above and in the Lawsuit and denies that the Website is in violation of Title II of the ADA
and Section 504 of the Rehabilitation Act of 1973; and
' For the purposes of this Agreement, the term "Website" shall refer to and explicitly includes
Defendant's web site, www.colliercountvfl•gov, Defendant's mobile website, and any and all
mobile interfaces, microsites or micro websites, landing pages and/or applications owned and
operated by Defendant.
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WHEREAS, the Parties desire to avoid expense, time, effort, and uncertainty of further
litigation, have agreed to a full and final settlement of all claims that were or could have been
raised in the Lawsuit, including without limitation all ADA accessibility issues;
NOW THEREFORE, in consideration of the promises and the mutual covenants and
undertakings contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto agree to the following terms
and conditions as full and complete settlement of the Lawsuit and any and all claims related to
the action:
AGREEMENT
1. Corrective Actions/Scope of Barriers Removal.
Within twenty-four (24) months of the Effective Date of this Agreement, Defendant shall
use commercially reasonable efforts to improve the accessibility for blind and visually impaired
users of the electronic PDF documents generated by the Defendant and posted on the Website
using WCAG 2.0 Level AA as a guideline.
Due to burden and cost considerations, the Parties agree that the enforcement of this
Agreement, including the provisions of this paragraph are prospective and not retroactive.Nothing
in this Agreement shall be construed to require retroactive access to any electronic PDF
documents posted on the Website prior to the Effective Date, and the Parties specifically agree
that the Defendant is not so required.
To the extent that some of the electronic PDF documents posted on the Website are not
generated by the Defendant and/or the Defendant allows third parties to post electronic PDF
documents to its Website, Defendant will use good faith efforts to request that such third-party
content conform with WCAG 2.0 Level AA and this Agreement; however, in no event shall the
8
foregoing provision be construed to impose liability and/or responsibility on the part of the
Defendant for electronic PDF documents and/or content that is generated and/or posted by third-
parties on the Website.
Regarding all electronic PDF documents and/or content that is generated by the
Defendant and is posted on the Website as agenda items for commission, agency, department,
and/or board meetings ("Agenda Items"), Defendant may initially post such items on its Website
(regardless of accessibility) and label them as "Temporary." Within fifteen (15) business days,
Defendant will replace the initial posting of Temporary Agenda Items with an accessible version
of the electronic PDF documents and/or content that was generated by the Defendant, unless it is
technically infeasible to make said Agenda Items accessible. In no event shall this provision
regarding Agenda Items be enforceable in the case of an emergency and/or natural disaster
situation which affects the normal operations of the Defendant.
The Parties acknowledge and agree that there exist both in-house and third-party, legacy,
historical, commercial, and vendor supplied systems and/or documents, including but not limited
to on-premises and cloud hosted service, management, catalog, billing, and mapping systems
("Systems") and categories of electronic PDF documents that are technically infeasible or overly
costly to make accessible, including but not limited to third-party vendor contracts, third-party
content, historical documents, and/or submissions and Agenda Items created, submitted, or posted
on the Website either in-house or by third-parties ("Excepted Documents and Systems").Nothing
in this Agreement shall be construed to require the Excepted Documents and Systems to be
accessible, and the Parties specifically agree that the Defendant is not so required. However,
Defendant agrees to provide access to the Excepted Documents and Systems if/when technology
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makes it technically feasible and reasonably affordable to make the Excepted Documents and
Systems accessible.
There will be no breach of this Agreement unless (a) an independent consultant
determines that a person with a visual impairment who has average screen reader competency
using a prominent commercially available screen reader such as Jaws, Voiceover, or NVDA in
combination with one of the following browsers (in versions of which that are currently supported
by their publishers): Internet Explorer, Firefox, Safari, and Chrome cannot reasonably access
information and services, including PDF documents, contained within the Website; and
(b) the Defendant fails to remedy the issue using reasonable efforts within a reasonable period of
time of not less than sixty (60) calendar days of receiving the accessibility consultant's opinion.
If the independent consultant determines that the reasonable time using reasonable efforts to
remedy the items found not to be usable will extend beyond sixty(60) days, then the Parties may
agree on a longer period of time without leave of Court so long as the extension is documented in
writing and executed by the Parties. If the independent consultant finds that a particular item
found not to be usable cannot be remedies using reasonable efforts, the County shall not be
obligated to remedy that item.
If legislation is passed modifying Title II of the ADA or if the United States Department
of Justice or any other federal government entity promulgates final ADA Title II regulations
regarding website accessibility during the term of this Agreement, this Agreement shall
automatically, without further action by the Parties, be modified such that the Defendant shall be
required only to achieve compliance with the minimum requirements set forth in any such
legislation or regulation within the timeframe for compliance set forth in such legislation or
regulation.
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2. Dismissal of Action.
Upon execution of this Agreement, the Parties shall sign and file a Joint Notice of
Settlement and Stipulation of Dismissal with Prejudice of the Action and a related proposed
Agreed Order adopting the Parties' stipulation and dismissing the case with prejudice, in the
forms collectively attached to this Agreement as Composite Exhibit A. The parties will also
submit to the Court a proposed Consent Order (attached hereto as Exhibit B) which incorporates
by reference and attaches this Agreement for entry by the Court.
3. Attorneys' Fees, Costs, Expenses, and Payments.
Within thirty (30) days of the Court's dismissal of this Action with prejudice pursuant to
Paragraph 2 above,Defendant shall tender the sum total of Nine Thousand Five Hundred Dollars
and Zero Cents ($9,500.00) ("Settlement Payment"), in the form of a check payable to
"SCOTT R. DININ, P.A. IOTA," (Tax ID No. 90-0643694) in full and final satisfaction of
all attorneys' fees, costs, other expenses, general releases, damage claims, if any, of any kind
incurred by Plaintiff in connection with the Lawsuit. SCOTT R. DININ, shall provide to
Defendant's counsel a 2019 Form-1099. Defendant shall bear its own attorney's fees, litigation
expenses, and costs incurred in connection with this Lawsuit. Plaintiff shall bear all tax liability
associated with the Settlement Payment, if any, and further agrees to indemnify and defend
Defendant in connection with any such tax liability. Allocation of Settlement Payment is as
follows:
a. $8,500.00 for attorneys' fees and costs; and
b. $1,000.00 for any and all damages to Plaintiff under Section 504 of the
Rehabilitation Act and for Plaintiff's full general release.
4. Release.
In consideration of the promises and covenants contained in this Agreement, including
without limitation the voluntary accessibility remediation and attorneys' fee payment described
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in Paragraphs 1 and 3 above, Plaintiff voluntarily and irrevocably releases, acquits and forever
discharges all known and unknown legal or equitable claims, demands, liabilities, rights, debts,
judgments, damages, expenses, actions, causes of action, or suits relating to or arising out of the
Lawsuit against Defendant, its Website, and each of its affiliated organizations and entities and
their websites, domains and subdomains, employees, officers, directors, agents, attorneys,
predecessors, successors and assigns, attorneys, and each of their respective heirs, executors,
administrators, personal representatives, successors and/or assigns (collectively, the "Released
Parties"and"Released Parties' Websites")with regard to the accessibility of the Website together
with each Released Parties' Websites, domain names, and/or sub domains. This release includes
without limitation all claims against the Released Parties that arise under Title III of the ADA,
Title II of the ADA, Section 504 of the Rehabilitation Act of 1973, the Florida Accessibility
Act, any claims for trespass of chattels, Florida Statute Section 760 and/or any other federal,
state or local law governing access features for persons with disabilities at public
accommodation, whether before any federal, state or local agency, in any court of law, or before
any other forum relating to the Website, including all claims for attorneys' fees and costs, expert
fees, litigation expenses, or any other amount, fee, and/or cost including compensatory, punitive,
and any other damages, if any, with the exception of the amount required to be paid by the
Defendant pursuant to paragraph 3 of this Agreement. Notwithstanding the foregoing, this
release does not bar or otherwise limit claims for breach of any provision of this Agreement, or
any action taken to enforce any provision of this Agreement.
5. General Provisions.
A. Governing Law. This Agreement and its construction shall be interpreted in
accordance with the ADA and, to the extent applicable, Florida law, without regard to Florida's
conflict of law principles.
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B. If the Website is sold or closed down (unless it re-opens), or if Defendant ceases
to own, lease, lease to, or operate the Website prior to the conclusion of remedial measures
contemplated by Paragraph 1 of this Agreement, as of that date, Plaintiff and Defendant shall no
longer be subject to the terms and conditions of this Agreement. Nothing herein shall prohibit
Defendant from selling, closing down, removing content, or otherwise terminating operations of
the Website. If the Website is otherwise rendered inoperable for any period of time due to loss of
power, network hosting/provider issues, equipment failure, or damage to Defendant's facilities
("Service Disruptions"), such Service Disruptions shall not constitute a breach of this
Agreement.
C. Defendant will only be required to make the modifications set forth in Paragraph
1 to the extent that the remedial measures are readily achievable. The Parties agree to cooperate
and negotiate in good faith to obtain a reasonable, readily achievable, and workable alternative
solutions. In the event the Parties are unable to resolve any such issue(s), the Parties agree to
submit same to the Court for the Middle District of Florida for a final determination.
D. The Parties agree that any delays in making the modifications to the Website, as
provided for herein, caused by third-party vendors and/or consultants shall not be deemed to
violate the compliance dates contained herein, provided that Defendant provide notice to
Plaintiff, through his counsel, of the reasons for the delay prior to the deadline for completion of
the modification and acts in good faith to complete the modifications set forth in Paragraph 1
within a reasonable time thereafter.
E. If, in the course of performing its obligations under this Agreement, Defendant
encounters conditions that render a modification to be technically infeasible or virtually
impossible or if completion of such modification would involve a significant financial burden,
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then it shall provide written notice to Plaintiffs attorney identifying which modification(s) are
technically infeasible, virtually impossible, or involve a significant financial burden, explaining
the reason(s) why such modifications are so, and, if possible, proposing alternate modification(s)
intended to provide equal or substantially the same access as the modification(s) determined to
be technically infeasible, virtually impossible, or involving a significant financial burden. In the
event the Parties cannot agree that a modification is technically infeasible, virtually impossible,
or involving a significant financial burden, or cannot agree that an alternate modification provides
access or substantially the same thereas, then the Parties agree to submit same to the Court for
the Middle District of Florida for a final determination.
F. In the event modifications required herein are not timely completed due to
acts of God, force majeure, or events beyond the control of Defendant, then, only to the
extent the failure to timely complete does not result from Defendant's failure to act diligently
and in good faith and provided that, before the expiration of time for completion of the
requirements established hereby, Defendant provides Plaintiff's counsel with written notice
of the specific non-compliance and the reasons therefore, the time requirements
established hereby shall be extended only to the extent necessitated by such acts of God or
other events beyond Defendant's control. In the event the Parties are unable to agree to a
reasonable amount of additional time, the Parties agree to submit same to the Court for the
Middle District of Florida for a final determination.
G. The Parties stipulate that the modifications agreed to in this Agreement
constitute, for the purposes of Title II of the ADA and Section 504 of the Rehabilitation Act
of 1973, and all local laws, rules and regulations, and their implementing regulations and
standards, practicable measures for the removal of existing barriers to access to the Website.
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H. Enforcement. Any action to enforce this Agreement shall be brought in a Court of
competent jurisdiction located in Collier County, Florida. The ADA and, to the extent applicable,
Florida law shall apply in any action to enforce this Agreement. The prevailing party, as defined
by the ADA, in any action to enforce this Agreement shall be entitled to their reasonable
attorneys' fees, paralegals' fees, litigation expenses and costs pursuant to 42 U.S.C. 12205.
I. Non-Admission of Liability. Nothing in this Agreement shall be deemed an
admission of wrongdoing or an admission of any violation of law by any of the Released Parties.
Specifically, neither this Agreement nor anything contained herein shall constitute or is to be
construed as an admission by Defendant, the Released Parties, or by any officials, contractors or
agents of Defendant or the Released Parties of a violation of any federal, state or local statute,
law, regulation, code, or ordinance (including the ADA), of any legal, common law or equitable
duty owed by Defendant to anyone,or as evidence of any other liability,wrongdoing,or unlawful
conduct. The Parties acknowledge that this Agreement has been entered into by the Parties to
avoid the costs and expenses of continued litigation and to settle disputed claims.
J. Authority. Each person executing this Agreement on a party's behalf, has been
duly authorized to sign on behalf of the respective party and to bind each to the terms of the
Agreement.
K. Plaintiff represents and warrants that he has not received any promises or
agreements not expressly contained in this Agreement, and is not relying upon any statements or
representations made by Defendant, its agents, attorneys, employees, or persons acting on
Defendant's behalf concerning the merits of any claims or the nature, extent or duration of any
damages, or any other thing or matter, but is relying solely upon their own judgment and this
Agreement. Plaintiff further represents and warrants that he has not encountered and is not aware
1213
of any other accessibility barriers of the Defendant's Website, other than the barriers alleged in
the Lawsuit.
L. The Parties agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions that may be necessary or appropriate to give full
force and effect to the basic terms and intent of this Agreement.
M. Entire Agreement. This Agreement contains the entire agreement between the
Parties with respect to the matters set forth herein, and no other statement, promise, or agreement,
either written or oral, made by either party or agents of either party, that is not contained in
this written Agreement shall be enforceable. This Agreement fully supersedes any and all prior
agreements, statements, representations or understandings pertaining to the subject matter herein.
This Agreement shall be binding upon and inure to the benefit and/or detriment of(in the case
of obligations) the members, executors, administrators, personal representatives, heirs,
successors, and assigns of each party. In the event that a court of competent jurisdiction
concludes that any part of this Agreement is unenforceable, such portions shall be severed, and
all other portions shall remain valid and enforceable, provided that the Parties may still
effectively realize the complete benefit of the promises and considerations conferred hereby.
N. No Knowledge of Potential Claimants/No Other Proceedings. As a material
inducement for Plaintiff's and Defendant's willingness to enter into this Agreement, each further
represent and warrant that they have not assigned, transferred, or purported to assign or transfer,
to any person, thing, corporation, association or entity whatsoever, any claims released herein.
Plaintiff further represents and warrants that Plaintiff is unaware of any potential plaintiff,
putative class member, or other counsel who intends to make demands or bring litigation against
the Defendant and/or Released Parties based on the claims against the Defendant in this Lawsuit.
1213
Plaintiff further represents and warrants that Plaintiff has not been notified nor otherwise informed
of any such intention or consideration thereof. Plaintiff represents that, other than the Lawsuit,
Plaintiff has not filed any charges, complaint, lawsuits, or other proceedings against the Defendant
and/or Released Parties arising from or relating to the claims in this Lawsuit with any court or
local, state, or federal agency charged with the investigation or enforcement of any law. The
Parties expressly intend and agree that this Agreement shall inure to the benefit of all
visually impaired persons who utilize a screen reader to access the Website and PDF documents,
of which visually impaired persons shall constitute third-party beneficiaries to this Agreement.
Such third-party beneficiaries shall be entitled to enforce only the nonmonetary provisions of this
Agreement against the Defendant and/or Released Parties.
0. Drafting. The Parties acknowledge that each party has reviewed and revised this
Agreement and that the normal rule of construction that ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of this Agreement.
P. Counterparts. This Agreement may be executed in counterparts and via facsimile
and/or electronic transmission (e.g. an executed agreement scanned into a pdf document and
exchanged by email), each of which shall be deemed an original and all of which taken together
shall constitute one and the same instrument. For the purposes of this Agreement all faxed and
scanned signatures shall be accepted as original signatures.
Q. Waiver. No waiver of any breach or other rights under this Agreement shall be
deemed a waiver unless the acknowledgment of the waiver is in writing executed by the party
committing the waiver. No waiver shall be deemed to be a waiver of any subsequent breach or
rights. All rights are cumulative under this Agreement.
128
R. Headings. The headings contained in the Agreement are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Agreement.
S. Invalidation. Any term or provision of this Agreement that is invalid or
unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of
the remaining terms and provisions hereof or the validity or enforceability of the offending term
or provision in any other situation or in any other jurisdiction. If the final judgment of a court of
competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the
Plaintiffs and the Defendant, agree that the court making the determination of invalidity or
unenforceability shall have the power to reduce the scope, duration, or area of the term or
provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or
provision with a term or provision that is valid and enforceable and that comes closest to
expressing the intention of the invalid or unenforceable term or provision, and this Stipulation
shall be enforceable as so modified after the expiration of the time within which the judgment
may be appealed.
T. Time Is Of The Essence. The Parties further agree that time is of the essence in all
respects regarding this Agreement.
U. Cooperation. For a period of three (3) years following the full execution and/or
effective date of this Agreement, if Defendant receives any letters, actions, lawsuits, claims,
complaints, or investigations from any non-party to this Agreement with accessibility claims or
allegations claiming violations of the ADA and/or Section 504 of the Rehabilitation Act
involving the Website, Scott R. Dinin, P.A. shall cooperate and assist Defendant in the
prevention of the additional website accessibility claims from being brought against Defendant.
Scott R. Dinin, P.A.'s cooperation includes, but is not limited to, contacting the parties involved
126
in the additional potential website accessibility claims to discuss the existence or terms of this
Agreement (with Defendant's pre-approval in writing for disclosure by Scott R. Dinin, P.A.), and
Defendant's commitment to making the Website accessible
V. Dismissal/No Other Proceedings. Plaintiff represents that he has not filed or
participated in any complaints, claims or actions against the Defendant or the Released Parties
with any state, federal or local agency, court, or to their tribunal other than this Lawsuit, and that
Plaintiff will not do so at any time hereafter and any other claims relating to the Website arising
under the ADA Title III and Florida Statute Section 760, which may have arisen prior to
effective date of this agreement.
6. Communications.
All transmittals, deliveries, and communications required to be given under this
Agreement shall be delivered by electronic mail or by FedEx. If to be given by one party to
another party, they shall be delivered to the following addresses:
If to PLAINTIFF:
Scott R. Dinin, Esq.
SCOTT R. DININ, P.A.
4200 N.W. 7th Ave.
Miami, Florida 33127
srd@dininlaw.com
OR
J. Courtney Cunningham, Esq.
J. COURTNEY CUNNINGHAM, PLLC
' 8950 SW 74th Court, Suite 2201
Miami, FL 33156
cc@cunninghampllc.com
If to DEFENDANT:
Jeffrey A. Klatzkow, Esq.
Collier County Attorney's Office
3299 Tamiami Trail E, Suite 800
Naples, FL 34112-4902
Email:jeff.klatzkow@colliercountyfl.gov
1 2B
THE PARTIES AGREE THAT THIS AGREEMENT CONSTITUTES THEIR
ENTIRE AGREEMENT, THAT THEY HAVE READ AND UNDERSTAND ALL ITS
PROVISIONS AND REQUIREMENTS, AND THAT THEY ARE ENTERING INTO
THIS AGREEMENT VOLUNTARILY AND IN GOOD FAITH.
.1 , ., CARLi' ' Ir •ividually
Dated 7// l
/Sl °2mn
STATE OF Fla/'(G•
CI
COUNTY OFAkein/ dt ) ss:
SWORN TO AND SUBSCRIBED before me this /5 day of v , , 2019 by
Juan Carlos Gil, who is personally known to me or( ) produced as
identification and who drake an oath.
411°
Ai
Notary Pubc,
State of /f a' / da _ at Large
eh/7si y/iPi'/fie 1)/0
(Printed Natile of Notary Public)
0,. , Christopher DaSiNG
NOTARY PUBLIC
(Seal) My Commission Expires: � LSTATEOFFLORIDA
�"Z�'�=Comm#GG212729
Expires 7/10,2022
Scott R. Dinin, Esq. J. Courtney Cunningham, Esq.
Scott R. Dinin, P.A. J. Courtney Cunningham, PLLC
Counsel for Plaintiff Couns��e
l for Plaintiff
�� By: C�
By: it /
Print Name: al
Print Name: Scott R. Dinin Annr,/
1 2 B
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K..,.,kcihie.i,Dtbrjcr COLLIER CO ry •RIDA
By:(-1-) 410,400
7"illiam L. McDaniel, Chair an
Atteest stoCha'4 s
signature anlyt. r. �', '
Approve• a to Forman Legality:
Jeffre' £ . Klatzkow
Assistant County Attorney
IUem# a6
Agenteda q _1
Da
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I_..' . _ _
Deputy er
12B
COMPOSITE EXHIBIT A
12B
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:I9-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff,
vs.
COLLIER COUNTY, FLORIDA
Defendant.
JOINT NOTICE OF SETTLEMENT AND
STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff, Juan Carlos Gil ("Plaintiff') and Defendant, Collier County, Florida
("Defendant") (Plaintiff and Defendant are collectively referred to as the
"Parties"), having entered into a Settlement Agreement and Release ("Agreement")
that resolves all claims that were or could have been brought in this action, hereby
stipulate to the dismissal of this action with prejudice. The parties agree that the
Court shall retain jurisdiction of this matter pursuant to the Consent Order that has
been concurrently submitted to the Court.
1213
Jointly submitted this • it--'qday of , , ,r'<<y , 2019.
SCOTT R. DININ, P.A. COLLIER COUNTY ATTORNEY'S
Co-Counsel for Plaintiff OFFICE
Juan Carlos Gil Colleen M. Greene, Esq.
4200 N.W. 7th Avenue 3299 Tamiami Trail E, Suite 800
Miami, Florida 33127 Naples, Florida 34112-4902
Telephone: (786) 431-1333 Telephone: 239-252-8400
Facsimile: (786) 513-7700 Fax: 239-252-6300
By:By:
Colleen M. Gree e, Esq.
Scott R. Dinin, Esq.
Florida Bar No. 97780 Florida Bar No. 502650
inbox@dininlaw.com colleengreene@colliergov.net
J. COURTNEY CUNNINGHAM,
PLLC
Co-Counsel for Plaintiff
Juan Carlos Gil
8950 S.W. 74th Court, Suite 2201
Miami, Florida 33156
Telephone: (305) 351-2014
Facsimile: (305) 513-5942
J. Courtney Cunningham, Esq.
Florida Bar No. 628166
cc@cunninghampllc.com
121
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff,
vs.
COLLIER COUNTY, FLORIDA
Defendant.
ORDER OF DISMISSAL WITH PREJUDICE
THIS CAUSE came before the Court on the parties' Joint Notice of
Settlement and Stipulation of Dismissal with Prejudice, and the Court, having
considered same, having reviewed the file, and being otherwise advised in the
premises, it is hereby ORDERED AND ADJUDGED:
All claims that were or could have been raised in this action are hereby
DISMISSED WITH PREJUDICE. Attorneys' fees and other recoverable costs and
expenses, if any, shall be disbursed as specified by the Parties in the Agreement.
DONE AND ORDERED in Chambers this day of , 2019.
The Honorable Sheri Polster Chappell
Copies furnished to: United States District Court Judge
All counsel of record
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EXHIBIT B
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Civil Action Number: 2:19-cv-00372-SPC-UAM
JUAN CARLOS GIL
Plaintiff,
vs.
COLLIER COUNTY, FLORIDA
Defendant.
CONSENT ORDER
WHEREAS, the parties of the above-entitled action have agreed upon a
Settlement Agreement embodying actions and remediation to be undertaken
regarding Defendant's Website, www.colliercountyfl.gov; and
WHEREAS, the parties and the court have concluded that there is no further
need to litigate the issue of set forth in the Lawsuit because the parties have
mutually agreed to the entry of the attached Settlement Agreement as a Consent
Order in this case; and
WHEREAS, neither party waives their claims nor defenses by entering this
Agreement as a settlement order, and Defendant's assent is not an admission that
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they have committed any violations of law,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, and parties
do hereby consent as follows:
1. That the attached Settlement Agreement be entered as a Consent Order
in this case binding upon the parties on both sides of this matter, their successors
in office, agents, employees, and all persons in active consent or participation with
them to the extent set forth and pursuant to the terms and conditions in the
Settlement Agreement. Moreover, this Agreement and Consent Order shall inure
to the benefit of all visually impaired persons who utilize a screen reader to access
the Website and PDF documents, of which visually impaired persons shall
constitute third-party beneficiaries to the Agreement. Such third party
beneficiaries shall be entitled to enforce the nonmonetary provisions of this
Agreement against the Defendant and/or Released Parties.
2. That the Court will retain jurisdiction for purpose of overseeing
implementation of the Agreement.
DONE AND ORDERED in Chambers this day of , 2019.
The Honorable Sheri Polster Chappell
Copies furnished to: United States District Court
Judge All counsel of record