Item P5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/17/11 - KL Division: County Attorney
Bulls Item: Yes No X Staff Contact: Christine Limbert-Barrows_ 292-3470
AGENDA ITEM WORDING:
Approval to make formal offer of settlement in the matter of Monroe County and Roman Gastesi, Jr. v.
Stand Up for Animals, Inc., Case No. CAK-10-1050 and approval for the County Attorney to execute
the settlement agreement if accepted by SUFA.
ITEM BACKGROUND:
The BOCC held a closed session regarding this matter at the 7/20/11 BOCC meeting. This item gives
the County Attorney approval to make a formal offer of settlement pursuant to the closed session and
approval for the County Attorney to execute the settlement agreement if accepted by SUFA. The
settlement agreement provides for $235,508.23 to be held in a special fiend to be used for the benefit of
the animals in SUFA's previous service area of Mile Marker 16.7 to 70. It also provides for Monroe
County to be reimbursed for its litigation and other expenses relating to termination of the contract in
the amount of $22,199.06. The fiends will be available, upon request and approval by a third party, to
similar animal care non-profit corporations for animal care equipment, supplies and services, including
but not limited to spay and neuter clinics.
PREVIOUS RELEVANT BOCC ACTION:
6/20/11 BOCC approved Closed Session for 7/20/11 at 2:00 p.m. in Key West
7/20/11 BOCC held Closed Session
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required X
DISPOSITION: AGENDA ITEM #
Revised 2/05
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR MONROE COUNTY
MONROE COUNTY, a political subdivision of
the STATE of FLORIDA, and
ROMAN GASTESI, JR., in his official capacity as
COUNTY ADMINISTRATOR of MONROE COUNTY,
Plaintiffs,
JUDGE: DAVID AUDLIN
VS. CASE NO.: CA K 10-1050
STAND UP FOR ANIMALS, INC.,
a Florida Not for Profit Corporation.
Defendant.
SETTLEMENT AGREEMENT
THIS AGREEMENT, made as of the day of August, 2011, by
and between Plaintiffs, the Board of County Commissioners of Monroe County,
Florida, a political subdivision of the State of Florida, having an office for the
transaction of business at 1100 Simonton Street, Key West, Florida 33040
(hereinafter "Monroe County") and Roman Gastesi, Jr., as the County
Administrator of Monroe County and Defendant Stand Up for Animals, Inc.,
(hereinafter "SUFA") a not -for -profit corporation duly organized and existing
under the laws of the State of Florida with its principal address at 10620 7`h
Avenue, Marathon, Florida. Although not a party to the suit or the Settlement
Agreement, the Monroe County Clerk of Court ("Clerk") is an independently
elected, constitutional officer who serves as the Chief Financial Officer for
"Monroe County" under Florida law and whose address for receiving
documentation called for in this Settlement Agreement is 500 Whitehead Street,
Key West, Florida 33040.
WHEREAS, the parties to the litigation entitled Monroe County and
Roman Gastesi, Jr. v. Stand Up For Animals, Inc., Circuit Court of the Sixteenth
Judicial Circuit, Monroe County, Florida, Case No. 2010-CA-1050-K wish to
resolve all issues raised in the pleadings amicably and buy peace in the matter, do
hereby enter into this Settlement Agreement containing the following terms.
NOW, THEREFORE, the parties agree as follows:
1. Subject to approval of this agreement by the Board of County
Commissioner of Monroe County at a public meeting held in compliance with F.S.
286.011, SUFA agrees to pay Monroe County for litigation and other expenses in
the amount of $22,199.06 in full satisfaction of all claims relating to Animal
Control Services as described in the Complaint. This figure is inclusive of any and
all claims, however characterized, including, but not limited to, statutory
obligations, contractual obligations and any obligations relating to payment of
interest or attorney's fees or expenses. SUFA agrees that the amount of
$235,508.23 be held in a special fund by the County Clerk of Court for the benefit
of the animals in SUFA's previous service area (Mile Marker 16.7 to Mile Marker
ra
70). The funds will be available to other similar animal care non-profit
corporations for animal care services, including but not limited to low cost spay
and neuter clinics, animal care equipment, and animal care supplies.
a) To satisfy this provision, SUFA will be authorized to issue a check in
the amount of $22,199.06 to Monroe County Board of County
Commissioners from the First State Bank account (account number
900002482) within 15 days after this agreement is ratified and approved by
the Court. The remaining amount of $235,508.23 ($13,941.84 from
Centennial Bank Account Number 0010109255 and $221,566.39 from the
First State Bank Account 900002482) shall be wired/transferred to the Clerk
and said funds will be held in a special fund for the benefit of the animals.
Request by similar animal care non-profit corporations for use of said funds
will be reviewed by a third party, [Dr. Douglas R. Mader, or other objective
third party as agreed to by the parties], and should be approved as an
appropriate expenditure for the benefit of the animals from MM 16.7 to MM
70. Upon approval by the third party and upon presentation of proper
documentation to the Clerk showing the authorized expenditure(s), the Clerk
will disburse the payment directly to the vendor(s).
C
RELEASE
2. The parties further agree that in consideration of the benefits to
each party provided for by this Settlement Agreement, each party hereby releases
the other party, its officers, directors, agents, and/or employees, and their
respective heirs, assigns, and/or successors, from liability for each and every claim
that was raised or which could have been raised in the complaint, or was capable
of being raised against the other party either in the complaint or by separate action,
arising and accruing from the beginning of time up until the date of this agreement.
JUDICIAL ORDER
3. The parties agree that this Settlement Agreement shall be
submitted to the Circuit Court for the Sixteenth Judicial Circuit for judicial
approval and shall become effective upon Court approval in the form of a
stipulated Order Approving Settlement Agreement. The Court may retain
jurisdiction over this case to adjudicate any disputes arising as a result of this
Settlement Agreement.
ASSIGNMENT
4. This agreement is not assignable without the express written
consent of the other party; such consent shall not be unreasonably withheld.
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MISCELLANEOUS
5. The signatories to this Settlement Agreement represent that
they are fully authorized to execute this document.
For the Defendant, Stand Up for Animals, Inc.
Dated:
Name/Title
Attest: Danny L. Kolhage
County Clerk
By:
Deputy Clerk
Dated:
Approved for form:
For Plaintiff Monroe County
By:
Heather Carruthers, Mayor
Christine Limbert-Barrows, FBN: 0690783
Assistant County Attorney
Attorney for Plaintiff
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