Item N5Meeting Date: 12/9/15
Bulk Item: Yes X
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Department: County Attorney
No Staff Contact /Phone #: Chris Ambrosio x3477
AGENDA ITEM WORDING: Approval of Settlement Agreement and Release in the matter of
Monroe County i% Paul Mills, et al., Case No.: CA-K-10-1050 and authorization for the County
Attorney to execute same on behalf of the County.
ITEM BACKGROUND: The County and Mr. Mills reached a settlement agreement in 2014 but Mills
refused to execute the document despite agreeing to its terms through his attorney. Under the
agreement, Mills was to make payments to the County totaling $8,000.00 among other terms. (In order
for Mills to perform audits in which Monroe County is an intended recipient, Mills must provide proof
that he (a) is a CPA in good standing and maintains a current license with the Florida State Board of
Accountancy, (b) completed 80 hours of continuing professional education from a BOA approved
program, (c) has malpractice insurance covering his services, and (d) in which the subject contract calls
for payment of $100,000.00 or greater, Mills must be a American Institute of Certified Public
Accountants member in good standing and participate in its "Peer Review Program" to ensure
compliance with professional standards.)
In 2015, the County filed a motion to compel Mills to execute the settlement agreement. During the
hearing on that motion, the Court advised that it would grant the motion if the BOCC took affirmative
steps to authorize the County Attorney to sign the settlement agreement on its behalf despite the fact
that Section 2-184 of the Monroe County Code authorizes the County Attorney to execute settlement
agreements on the County's behalf within a certain dollar amount. Board approval of the agreement is
sought to satisfy the condition imposed by the Court.
PREVIOUS RELEVANT BOCC ACTION: NIA
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approve.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes //No AMOUNT PER MONTH Year
APPROVED BY: County Attornea— OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 6115
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,
Plaintiff,
VS.
CASE NO.: CA K 10-1050
STAND UP FOR ANIMALS, INC., et al.
Defendants.
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release is entered into between Plaintiff, MONROE
COUNTY ("Plaintiff' or "County"), a political subdivision of the State of Florida, and
Defendant, PAUL S. MILLS, CPA ("Defendant" or "MILLS")(collectively, the "Parties"), by
and through their respective attorneys, and for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
Parties stipulate to the settlement and release of all claims in this proceeding directed against
each other, and agree as follows:
1. Defendant agrees to pay Plaintiff, Monroe County, the sum of eight thousand
dollars ($8,000.00) (the "Settlement Amount") in full and final settlement of all claims raised in
the pleadings by and between these Parties.
2. Defendant shall pay the first one thousand dollars ($I,000.00) of the Settlement
Amount to Plaintiff at the time of execution of this Settlement Agreement, and then pay seven
hundred fifty dollars ($750.00) on a quarterly basis starting after execution and until the
Settlement Amount remainder of seven thousand dollars ($7,000.00) is paid in full. Payments
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shall be made in the form of cashier's check payable to Monroe County Board of County
Commissioners. Payments shall be delivered to the County Attorney's Office 11 11 121h Street,
Suite 408, Key West, FL 33040. Upon receipt of the final payment and/or full Settlement
Amount, Plaintiff shall file a Voluntary Dismissal with Prejudice of its claims against Defendant.
The Parties agree that in the event that the Defendant fails to fully and completely comply with
this provision then the Settlement Agreement shall be voidable by the Plaintiff, in which event
the Plaintiff shall retain all consideration tendered by Defendant and may apply to the Court for
an injunction to prevent further violation by Defendant, and for any other remedies the Court
shall deem necessary. If the Defendant shall default in payment hereunder, Plaintiff shall be
entitled to judgment, execution, costs, interest at the rate provided by law, and attorneys' fees,
after written application to the Court.
3. Defendant further agrees not to perform any audits in which Monroe County is an
intended recipient, i.e., in which the audit is required as a term and condition of a contract with
Monroe County, unless the Defendant first provides proof of compliance with all of the
following:
a. The Defendant is a Certified Public Account (CPA) in good standing and
maintains a current license with the Florida State Board of Accountancy (BOA);
b. The Defendant completes eighty (80) hours of continuing professional
education from a program approved by the BOA;
C. Defendant maintains current active malpractice insurance covering
services provided; and
d. For audits for a client in which the audit is required as a term and
condition of a contract with the County in which the value of the contract is equal to one
hundred thousand dollars ($100,000.00) over the term of the contract, i.e., in which the
contract calls for payment equal to or greater than one hundred thousand dollars
($100,000.00), the Defendant must be an active current member in good standing of the
American Institute of Certified Public accountants (AICPA) and as an AICPA member
must participate in the "Peer Review Program" to ensure compliance with professional
standards.
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4. It is understood and agreed that this settlement is the compromise of disputed
claims and that the payment made is not to be construed as an admission of liability on the part
of the party hereby released and that said releases deny liability therefore and intend merely to
avoid litigation. The Parties hereby irrevocably release each other, their officers, directors,
agents, and/or employees, and their respective heirs, assigns, and/or successors from each and
every claim that was asserted in this proceeding, and from each and every claim that could have
been raised in these proceedings against each other. The intent of the Parties is to secure a final
resolution of all claims that were raised and could have been raised against each other, and each
releases and waives all such claims against the other.
5. The Parties agree that the Circuit Court in and for Monroe County, Florida will
retain jurisdiction to enforce the terms of this Settlement Agreement and that should any party be
caused to enforce this Settlement Agreement that the non -breaching party will be awarded
attorney's fees and costs.
6. This agreement is not assignable without the express written consent of the other
party; such consent shall not be unreasonably withheld.
7. The Plaintiff is a political subdivision of the State and thus subject to Chapter 119,
Florida Public Records Act. To the extent permitted by Iaw, the Parties agree that the terms of
this Settlement Agreement will only be divulged to any third person or entity as required in
pursuant to a public records request. The Parties stipulate that each party will assume its own
attorney's fees and costs associated with this proceeding.
8. The undersigned persons further declare and represent that no promise, inducement,
or agreement not herein expressed has been made, and that this Agreement and Release contains
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the entire agreement between the Parties hereto, and that the terms of this Agreement and
Release are contractual and not a mere recital:
9. The signatories to this Settlement Agreement represent that they are fully authorized
to execute this document.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
, 2015.
PAUL MILLS on behalf of
PAUL S. MILLS, CPA
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 PAUL
MILLS, to me known to be the person described or who has produced as
identification and who executed the foregoing instrument and he acknowledged before me that
he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2015.
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
By: Dated:
Jiulio Margalli
FBN: 992216
margaili@keywestlawyer.com
The MargaIli Law Office, P.A.
Attorneys for Defendant, MILLS
1010 Kennedy Dr. Suite 307
Key West, FL 33040
Office: 305-295-93 82
Fax: 305-295-6916
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For Plaintiff, Monroe County:
By:
Robert B. Shillinger, County Attorney
Dated:
For Plaintiff, Monroe County:
By:
Mayor
Dated:
Attest: Amy Heavilin, County Clerk
Clerk
Dated:
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