Settlement Agreement 08/19/2020 , `"?W' ' Kevin Madok, CPA
a, ;. ;;;'_ Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: August 26, 2020
TO: Kathy Peters, CP
County Attomey's Office
FROM: Pamela G. Hancolu.C.
SUBJECT: August 19th BOCC Meeting
Attached is an electronic copy of the following item for your handling.
S2 Pre-litigation Settlement Agreement with K2M Design, Inc. to resolve issues arising
from design of the Customs Terminal Security Enhancements at Key West International Airport,
through which K2M will pay$150,000.00 to resolve all claims.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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MEDIATION SETTLEMENT AGREEMENT Q
THIS MEDIATION SETTLEMENT AGREEMENT, dated this ye day of August,
2020, was made and entered into by and between COUNTY OF MONROE ("MONROE") and
K2M DESIGN. INC. ("K2M") (collectively referred to as the "Parties").
PURPOSE
The parties to this Mediation Settlement Agreement (the"Agreement') acknowledge that
the purpose of this Agreement is to memorialize the resolution of all disputes of whatever nature
asserted by and between the parties arising out of or relating to the Terminal Security
Enhancements Phases II and III at the Key West International Airport (-Project") and all services
performed by K2M for MONROE pursuant to the Design Services Agreement with MBI/K2M
Architecture for Customs Terminal Security Enhancements, dated February 10, 2012 (the
"'Contract").
AGREEMENT
The Parties agree as follows:
1. SETTLEMENT SUM. K2M agrees to pay MONROE the sum of One Hundred
Fitly Thousand Dollars and zero cents (S[50,000.00) (the "Settlement Sum") as full and final
settlement of the disputes between the Parties. This Settlement is conditioned upon approval by
the Board of County Commissioners in and for Monroe County. Counsel for MONROE will
recommend that these Settlement terms be approved by the Board of County Commissioners.
The Settlement Sum shall be made payable to Monroe County Board Of County Commissioners,
within thirty(30)days of approval of the Agreement, and shall be paid by check or wire transfer.
2. ATTORNEY'S FEES. All parties are to bear their own attorneys' fees and costs
incurred in this Action and equally share the cost of the mediator.
3. RELEASE. Other than with respect to the remaining obligations contained
herein, the Parties do, as to one another, release each other from any and all claims, demands,
and damages, whether arising out of law or equity, and whether previously asserted or
unasserted, known or unknown, latent or patent, arising out of or relating to the Project and/or
the Contract.
4. NON-DISPARAGEMENT. Each party agrees to refrain from any disparaging
comments, verbal or in writing, as to one another.
5. AGREEMENT COMPROMISES DISPUTED CLAIMS. This Agreement is made
and entered by the Parties as a compromise of disputed claims between them. None of this
Agreement, the payment provided by it, nor any document, pleading or paper prepared and
signed pursuant to the provisions of this Agreement shall constitute or be construed or asserted
as an admission of liability on the part of any Party.
6. GOVERNING LAW. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida.
7. JURISDICTION AND VENUE. Any and all legal actions arising from or relating
to this Agreement shall be commenced in Monroe County, Florida.
8. DRAFTING OF THE AGREEMENT. The parties participated in the drafting of
this Agreement and/or had it reviewed by their respective counsel. Accordingly, no presumption
shall be given in favor of or against, any party in interpreting this Agreement and the normal rule
of construction to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement.
9. SEVERABILITY. If any provision of this Agreement is found to be
unenforceable, the remaining provisions hereof shall nevertheless be carried into effect.
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10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and
understanding of the parties hereto, supersedes any prior agreement between the parties, whether
written or oral, and may not be changed, altered or modified except in writing and executed by
the parties hereto. Each party acknowledges that no representation, inducement, promises or
agreements,orally or otherwise, was made by any party,or anyone acting on behalf of any party,
unless such representation. inducement, promises or agreements are embodied in this Agreement.
II. REPRESENTATION BY COUNSEL. Each party was represented by
independent counsel in this matter or had the opportunity to consult with independent counsel.
Furthermore, the parties obtained advice from said counsel concerning the meaning, scope and
effect of this Agreement,or voluntarily waived such an opportunity.
12. AUTHORIZATION AND AUTHORITY. Each party represents and warrants to
the other that: (a) it is duly authorized and competent to execute this Agreement, (b) it has all
necessary corporate power and authority to enter into this Agreement and to perform the
agreements contained in this Agreement, and (c) the person signing this Agreement on behalf of
such party is authorized to execute and deliver this Agreement on behalf of such party.
13. SECTION HEADINGS. The section headings contained in this Agreement are
descriptive only and shall not be used to interpret, expand, modify, explain or limit any of the
provisions of this Agreement.
14. CONDITION PRECEDENT. This Agreement is conditioned upon approval by
the Board of County Commissioners, in and for Monroe County. Counsel for Monroe County
and Division of Airport staff shall jointly recommend approval of this Agreement by the Board
of County Commissioners. K
AGREED to this _/ / day of August, 2020.
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a at'N I1 OF MONROE K2M DESIGN, INC.
—�.�i!~gign`e, N r y
H1r tLs thoriz sigrtaro y its out tory
/ J. EN,.. '1C1...-
Pedro J. Mtt do, E_sg_— 1G)laten A. Scheitt, Esq. -- ---
�:1 ststant C /Y Attorney Counsel for Kai Design, Inc
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ja BOARDMONROE OF COCO TY COMMISSIONERS,
KEVIN MADOK,Clerk
s. Cl Mayor Jr Deputy Clerk Mayor each rruthers
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