Item N04BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: N.4
Agenda Item Summary #3015
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292 -3470
None
AGENDA ITEM WORDING: Approval of settlement agreement in Jose Santiago v. Monroe
County, case no. 13 -CA- 1113 -K and to authorize the County's outside counsel to execute the
Stipulation for Dismissal with Prejudice.
ITEM BACKGROUND: Jose Santiago filed a lawsuit against Monroe County alleging that he
sustained physical injuries and damages when he stepped in a hole while working as a private
plumber at the Big Coppitt Fire Station.
Counsel for the parties have negotiated a proposed settlement agreement and a Release of Claim and
Indemnification Agreement and a Stipulation for Dismissal with Prejudice (attached as backup). The
proposed settlement agreement documents between the County and Santiago resolves the litigation
for the County and releases and waives all claims that Santiago and Santiago's employer's workers'
compensation carrier brought, pursued or could have brought or pursued against the County, and
indemnifies the County against any potential claims and damages related to this matter. The County
will contribute $32,190.26 and Florida Municipal Insurance Trust will contribute $20,309.74 to the
settlement total of $52,500.
PREVIOUS RELEVANT BOCC ACTION: 5/17/17 - BOCC held a closed session on the matter
to discuss strategy and litigation expenditures.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Santiago Release of Claim and Indemnification Agreement (Executed and Stamped)
Santiago Stipulation for Dismissal with Prejudice
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: $32,190.26
Current Year Portion:
Budgeted:
Source of Funds: Internal Service Fund /Primarily Ad Valorem
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant: N/A
County Match: N/A
Insurance Required:
Additional Details:
N/A If yes, amount:
IN=
REVIEWED BY:
Chris Ambrosio
Maria Slavik
Bob Shillinger
Kathy Peters
Board of County Commissioners
Completed
05/31/2017 6:41 PM
Completed
06/01/2017 9:48 AM
Completed
06/05/2017 10:47 AM
Completed
06/05/2017 7:33 PM
Pending
06/21/2017 9:00 AM
RE LEASE OF CLAIM
1 �
KNOW ALL MEN BY THESE PRESENTS:
That JOSE SANTIAGO, hereinafter referred to as "first party ", for and in consideration of
the sum of FIFTY TWO THOUSAND FIVE HUNDRED DOLLARS AND NO /CENTS
{$52,540} or other valuable consideration, received from or on behalf of MONROE COUNTY and
the FLORIDA MUNICIPAL INSURANCE TRUST, their agents, and employees, hereinafter
referred to as "second parties ", the receipt whereof is hereby acknowledged.
HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said
second parties, which includes the Florida Municipal Insurance Trust, their agents, servants, and
employees, of and from all, and all manner of action and actions, cause or causes of action, suits,
attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, clairns and demands whatsoever, in law or
in equity, which said first party ever had, now has, or which any personal representative, successor,
heir or assign of said first party, hereafter can, shall or may have, against said second parties,
including the Florida Municipal Insurance Trust, for, upon or by reason of any matter, cause or thing
whatsoever, arising out of that incident which occurred on October 13, 2009, at, in, or near Big
Coppitt Fire Department Station 9,28 Emerald Drive, Key West, FL 33040, Monroe County,
Florida, and to any cause of action raised in, or that could have been raised in, or arising out of the
filing and prosecution of the litigation described as Jose Santiago v. Monroe County, Case Number
13- CA- 1113 -K.
I represent that all medical bills, hospital bills, disability and wage losses, including any
subrogation rights or liens for the payment of same by any third party, including any Medicare and
Medicaid liens or rights for reimbursement, which arose out of the incident sued upon in the
aforementioned litigation have been paid in full or will be settled with the proceeds of this
settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second parties
for any claims, demands, subrogation rights or liens that may be asserted against the second parties
for the above mentioned expenses or losses of the first party.
It is understood and agreed to by the parties that this settlement is a compromise of doubtful
and disputed claim and the payment is not to be construed as an admission of liability on the part of
the second party (ies), by whom liability is expressly denied.
I have carefully read the Release of Claim and understand its terms, operation, and effect.
IN WITNESS WHEREOF I have hereunto set my hand and seal this � d ay of f
, 2017.
Release ofClaim
and Indemnification Agreement
Page 2
STATE OF FLORIDA )
) SS:
COUNTY OF MONROE)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jose Santiago
who is known to me or O who has produced a valid driver's licence or identification card, and
who did take an oath, executed the foregoing instrument and that he acknowledged before me that
he executed same.
WITNESS my hand and official seal in the County and State last aforesaid this 1 day
of _ 2017.
This Instrument Prepared By:
CHRISTOPHER J. STEARNS, ESQ.
Johnson, Anselmo, Murdoch,
Burke, Piper& Hochman, P.A.
2455 East Sunrise Blvd., Suite 1000
Fort Lauderdale, FL 33304
Telephone (954) 463 -0100
Fla. Bar No. 557870
MONROE COUNTY ATTORNEY
APPROVED A TO FORM
"CHRIS AMBROSIO
ASSIS37ANT COUNTY ATTORNEY
Date:
IN THE CIRCUIT COURT OF THE
16" JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO.: 2013-CA- 113
JOSE SANTIAGO,
Plaintiff,
vs.
MONROE COUNTY, FLORIDA,
Defendant.
N11 • 0
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the
respective parties herein, that the claims of Plaintiff, JOSE SANTIAGO, against Defendant, MONROE
COUNTY, have been amicably resolved, and shall be dismissed with prejudice, with the respective parties
herein to bear their own costs and attorneys` fees.
DATED this day of
GARCIA LAW FIRM
Attorneys for Plaintiff
TRIAL ATTORNEYS
515 Whitehead Street
Key West, FL 33040
By
NATHALIA MELLIES
FIa. Bar No. 087398
_, 2017.
as
JOHNSON ANSELMO, MURDOCH,
'
BURKE, PIPER & HOCHMAN, P.A.
Attorneys for - C k OUNT�Y
2455 East S / Unnse Blvd., Suite 1000
Fort Laud zdald; FL 33304
By
0
HRISTOPH' ER J. STEARNS
P a. BJrN 557 870
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Packet Pg. 2065