Item M2BOARD 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
August 16, 2017
Agenda Item Number: M2
Agenda Item Summary #3165
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 Allan Kennish v. Monroe
County, case no. 16 -CA -182 -K and to authorize the County's outside counsel to execute the
Stipulation for Dismissal with Prejudice.
ITEM BACKGROUND: Allan Kennish filed a lawsuit against Monroe County alleging that he
sustained physical injuries and damages in a bicycle accident caused by a pavement hazard on Cross
St. Counsel for the parties have negotiated a proposed settlement agreement and a Release of Claims
and Agreement to Satisfy Liens and a Stipulation for Final Order of Dismissal (attached as backup).
The proposed settlement agreement documents between the County and Kennish resolves the
litigation for the County and releases and waives all claims that Kennish brought, pursued or could
have brought or pursued against the County, and releases and indemnifies the County against any
potential liens, claims and costs related to this matter. The County will pay a settlement total of
$35,000.
PREVIOUS RELEVANT BOCC ACTION: 6/21/17 - BOCC held a closed session on the matter
to discuss strategy and litigation expenditures.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Alan Kennish General Release and Agreement Executed Stamped
Alan Kennish Stipulation for Final Order of Dismissal
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: $35,000.00
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:
N/A
REVIEWED BY:
Chris Ambrosio
Completed
08/02/2017 9:04 AM
Bob Shillinger
Completed
08/02/2017 9:18 AM
Maria Slavik
Completed
08/02/2017 9:20 AM
Budget and Finance
Completed
08/02/2017 9:29 AM
Kathy Peters
Completed
08/02/2017 9:33 AM
Board of County Commissioners
Pending
08/16/2017 9:00 AM
T 5
t"11 4 73. pp"Mm
TO SATISFY LIENS
KNOW ALL MEN BY THESE PRESENTS:
That 1, ALAN KE NNISH, hereinafter referred to as "first party", for and in consideration of
the sum of THIRTY FIVE THOUSAND DOLLARS, ($35,000) or other valuable considerations,
received from or on behalf of MONROE COUNTY, FLORIDA, together with its officials,
employees and agents, both past and present, hereinafter referred to as "second party", the receipt
is hereby acknowledged.
(Whenever used herein the terms "first party" and "second party" shall include
singular and plural, heirs, legal representatives and assigns of individuals and the
officials, agents and employees, successors and assigns of corporations, partnerships
or trusts, both past and present wherever the context so admits or requires.)
HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and
from all and all manner of action and actions, cause or causes of action, suits, debts, dues, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims 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 party, for, upon or by reason of any matter,
cause or thing whatsoever, from the beginning of the world to the day of these presents with respect
to any and all claims for medical expenses, lost wages, damages, costs and attorneys fees arising
from or related to an accident which occurred on or about December 19, 2014, at or near Cross Street
on Stock Island, Monroe County, Florida, together with all claims for damages, medical expenses,
costs and attorneys fees which were or could have been brought in the lawsuit styled ALAN
KENNISH, Plaintiff v. MONROE COUNTY, FLORIDA, Defendants, in the 16" Judicial Circuit in
Page 1 of 2
and for Monroe County, Florida, Case No. 2016 -CA- 182 -K. I represent that all medical bills,
hospital bills, disability and wage losses, including any liens for payment of same by any third party
which arose out of the incident in litigation described above have been paid in full or will be satisfied
with the proceeds of this settlement. I SPECIFICALLY LTINDERTAKE AND AGREE TO
INDEMNIFY the second party for any claims, demands, or liens that may be asserted against the
second party 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 a doubtful and disputed claim and
that payment is not to be construed as an admission of liability on the part of the second party, by
whom liability is expressly denied.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this -(0 � D day of
,2017.
STATE OF FLORIDA )
SS:
COUNTY OF MONROE )
ORNEY
:1L:1N KIN ;ISII APPROVED AS TO FORM
l (�
RIS AMBROSIO
ASSISTANT COUNTY ATTORNEY
Date:
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 ALAN
K.EN to nie know to be the person des in the foregoing instrument or who has produced
�. as identification and who did take an oath and he /she
acknowledged before me that he executed the same.
t-V 11 I .SS my hand and official seal in the County and Statemt aforesaid this ,`(1 ` iiay
of 2017.
17 f `*` ''�`` �� X14 - t • '
NOTARY PLIITATE OF FLORIDA
My Commission Expires:
This instrument Prepared by:
MICHAEL T. BURKE, ESQUIRE =Ange laScott State of Ronda Johnson, Anselmo, Murdoch, Burke, Piper &Hochman, P.A. FF 060130 2455 E. Sunrise Blvd., 10'" Floor 2017
Fort Lauderdale, FL 33304
(954) 463 -0100
Page 2 of 2
IN THE CIRCUIT COURT OF THE 16
JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
CASE NO: 2016 -CA -182 -K
ALAN KENNISH,
Plaintiff,
vs.
MONROE COUNTY, FLORIDA,
Defendant.
STIPULATION FOR FINAL ORDER OF DISMISSAL
The PIaintiff, Alan Kennish an the Defendant, Monroe County, by and through their
undersigned attorneys stipulate and agree to the entry of a final order dismissing the above styled
action with each party to bear their own costs and attorneys and with prejudice to the PIaintiff.
Michael T. Burke, Esq.
Johnson, Anselmo, Murdoch,
Burke, Piper & Hochman, P.A.
2455 East Sunrise Blvd., Suite 1000
Fort Lauderdal 3304
Phone:95 6
IX
By: ���
Mic ael T. Burke
Fla. Bar No. 338771
Dared: -7 — / ?- / Z
Ronald E. Solomon, Esq.
The Solomon Firm
422 Fleming Street
Key West, FL 33040
Phone: 305 -517 -6466
Ronald E. Solomon
FIa. Bar No. 121110
Dated: