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Item U10 I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: U.10 Agenda Item Summary #8516 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470 No AGENDA ITEM WORDING: Approval of settlement agreement in the matters of Disaster Solutions v. Monroe County, Case No. 2019-CA-32-K and Lewis v. Monroe County, Case No. 202 1-CA-25 8-K; and authorization for County Attorney to execute any other necessary documents. ITEM BACKGROUND: This item seeks approval for the settlement of two cases now pending in 16th Judicial Circuit: Disaster Solutions v. Monroe County, Case No. 2019-CA-32-K ("Prompt Payment Act Case"), and Scott Lewis and Disaster Solutions, LLC, v. Monroe County, Case No. 21- CA-258-K ("Public Records Act Case"). In the Prompt Payment Act Case, the plaintiff claims an amount allegedly owed of approximately $2,000,000, including interest accruing at the rate of 1%per month since 2017, attorney's fees, and costs under an alleged contract. While the contract claim was recently abandoned, the Plaintiff continues to seek recovery under the provisions of the Prompt Payment Act. Prior to the filing of the lawsuit, Monroe County attempted to resolve the claim and paid $49,999 to the Plaintiff to satisfy the maximum amount that was potentially owed under the terms of the purported purchase order document the plaintiff relies upon. The plaintiff has asserted a variety of arguments in support of its theory that Monroe County acknowledged a larger obligation and that Monroe County should not be entitled to assert the defense of sovereign immunity. The case is now set for trial on 8/23/2021. In the Public Records Act Case, the plaintiffs seek substantial attorney's fees and costs claiming that Monroe County failed to produce certain public records. This case is now set for trial on 8/12/2021. The key terms of the global settlement are as follows: The plaintiffs will dismiss both cases with prejudice upon payment by Monroe County of$210,000, inclusive of all attorney's fees and costs; the parties will issue mutual general releases of all claims; and the parties will agree to limit the disclosure of information about the disputes, subject to the requirements of applicable law. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 7.20.21 signed Settlement Agreement DS v Monroe County Exhibit A Stipulation and Final Order Exhibit B Stipulation and Final Order FINANCIAL IMPACT: Effective Date: Date of meeting 7/21/21 Expiration Date: Total Dollar Value of Contract: Total Cost to County: $210,000 Current Year Portion: $210,000 Budgeted: Yes Source of Funds: 503-08503-530-500 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: No Additional Details: REVIEWED BY: Cynthia Hall Completed 07/19/2021 9:39 AM Bob Shillinger Completed 07/20/2021 1:17 PM Purchasing Skipped 07/19/2021 9:30 AM Maria Slavik Completed 07/20/2021 1:21 PM Budget and Finance Completed 07/20/2021 1:43 PM Liz Yongue Completed 07/20/2021 2:53 PM Board of County Commissioners Pending 07/21/2021 9:00 AM Settlement Agreement 1. The Parties For purposes of this Settlement Agreement, the "Plaintiffs" are Scott Lewis, Carol Lewis, Disaster Solutions, LLC, the Eagles' Wings Foundation, Inc., and the Pathfinders Task Force. For purposes of this Settlement Agreement,the"Plaintiffs' Successors" are each personal representative, heir, assign, and successor in interest (whether legally, equitably, or otherwise)to any of the Plaintiffs. The parties to this Settlement Agreement are the Plaintiffs and Monroe County. 2. The Intent of the Settlement Agreement This Settlement Agreement is intended to resolve and fully settle, with finality, two pending lawsuits: (1) Disaster Solutions, LLC v. Monroe County, Case No. 19-CA- 32-K. ("Case No. 19-CA-32") and (2) Scott Lewis and Disaster Solutions LLC v. Monroe County, Case No.21-CA-258-K("Case No. 21-CA-258"), together with all claims and all potential claims arising from or in any way related to or connected with the alleged facts, claims, or circumstances asserted in Case No. 19-CA-32 or Case No. 21-CA-258. No aspect or element of Case No. 19-CA-32 or Case No. 21- CA-258 is excluded from this Settlement Agreement. 3.Dismissal of Case No. 19-CA-32 A Stipulation for Dismissal and Final Order of Dismissal of Case No. 19-CA-32 is attached as Exhibit "A." Upon delivery of this fully executed Settlement Agreement to the Plaintiff by email, the County will be entitled to submit Exhibit "A" to the Court and request the entry of the Final Order of Dismissal, Reserving Jurisdiction to Enforce. 4. Dismissal of Case No. 21-CA-258 A Stipulation for Dismissal and Final Order of Dismissal of Case No. 21-CA-258 is attached as Exhibit "B." Upon delivery of this fully executed Settlement Agreement to the Plaintiff by email, the County will be entitled to submit Exhibit "B" to the Court and request the entry of the Final Order of Dismissal, Reserving Jurisdiction to Enforce. 5. Consideration for the Settlement The consideration for the mutual obligations set forth in this Settlement Agreement is the dismissal with prejudice of Case No. 19-CA-32, the dismissal with prejudice of Case No. 21-CA-258, the issuance of the Plaintiffs' General Release of Monroe I Settlement Agreement Case No. 19-CA-32 and Case No.21-CA-258 in ara a `h 6 the issuance of Monroe County's General Release County as set forth p gr p , ty of the Plaintiffs as set forth in paragraph 7, and the lump sum payment of$210,000 {"Settlement Sum") by Mo e County to "Disaster Solutions, LLC, and Searcy, Denney, Scarola, Barnhart &Shipley, P.A., Trust Account." The Settlement Sum will be paid by Monroe County no later than 10 business days after the final signature is affixed to this Settlement Agreement. 6.Plaintiffs' General Release of Monroe County By signing this Settlement Agreement, the Plaintiffs and the Plaintiffs' Successors hereby irrevocably release and forever discharge Monroe County, together with the officials, officers, agents, representatives, employees, contractors, and insurance carriers (including the Florida;Municipal Insurance Trust and the Florida League of Cities, Inc.) of Monroe County (hereinafter referred to both individually and collectively as the "County Released Parties") from all, and all manner of, action and actions, causes and causes of action, suits, attorney's fees, costs, contracts, purchase orders, promises, damages, losses, awards, remedies, judgments, writs, executions, demands, and elaims whatsoever in law, equity, and otherwise (collectively "CLAIMS") which the Plaintiffs ever had, now have, or may be acquired by Plaintiffs, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day that this Settlement Agreement is signed, and the Plaintiffs hereby independently and affirmatively waive all such CLAIMS.The scope of the Plaintiffs' General Release in favor of the County Released Parties includes, but is not limited to, any CLAIMS raised in, that could have been raised in, or arising out the facts or circumstances in Case No. 19- CA-32 and Case No. 21-CA-258. The only obligations excluded from the scope of the Plaintiffs' General Release of the County Release Parties are (1) Monroe County's obligation to pay the Settlement Sum, which payment obligation may be enforced as set forth in Exhibit"A"and Exhibit"B,"(2)Monroe County's obligation to return the Confidential Documents, which return obligation may be enforced as set forth in Exhibit "A," and (3) Monroe County's obligation to limit information disclosure as set forth in paragraph 9. 7. Monroe County's General Release of Plaintiffs By signing this Settlement Agreement, Monroe County hereby irrevocably releases and forever discharges the Plaintiffs, together with the members, officers, agents, representatives, and employees of the Plaintiffs (hereinafter referred to both individually and collectively as the "Plaintiff Released Parties") from all, and all manner of CLAIMS which Monroe County ever had, now has, or may be acquired 2 Settlement Agreement Case No. 19-CA-32 and Case No.21-CA-258 by Monroe County,for,upon,or by reason of any matter,cause,or thing whatsoever, from the beginning of the world to the day that this Settlement Agreement is signed, and Monroe County hereby independently and affirmatively waives all such CLAIMS. The scope of Monroe County's General Release in favor of the Plaintiff Released Parties includes, but is not limited to, any CLAIMS raised in, that could have been raised in, or arising out the facts or circumstances in Case No. 19-CA-32 and Case No.21-CA-258. The only obligations excluded from the scope of Monroe County's General Release of the Plaintiff Released Parties are (1) the Plaintiffs' obligation to permit the dismissals as set forth in paragraphs 3 and 4, which obligation may be enforced as set forth in Exhibit "A" and Exhibit"B," and (2) the Plaintiffs' obligation to limit information disclosure as set forth in paragraph 10. 8. Unresolved Disagreements as to Facts and Claims The Plaintiffs and Monroe County acknowledge that each takes a different view of the facts, circumstances, and law related to Case No. 19-CA-32 and Case No. 21- CA-258 and acknowledge that this Settlement Agreement is based on a mutual desire to compromise all disputes. Such compromises are not an indication that either side agrees with any other side's view of the facts, circumstances, or law. To the contrary, the Plaintiffs and Monroe County agree that the settlement memorialized in this Settlement Agreement is intended only and exclusively to resolve pending litigation and to avoid the expenditure of time and resources in litigation. Neither this Settlement Agreement nor the settlements secured by this Settlement Agreement are to be deemed or considered to be any form of an admission of any fact or an acceptance or acknowledgment of any blame, liability, or responsibility for any of the claims,conduct, circumstances,or issues asserted in Case No. 19-CA-32 or Case No. 21-CA-258. 9. Monroe County's Obligation to Limit Information Disclosure Monroe County will respond to inquiries about Disaster Solutions, LLC, Scott Lewis,Carol Lewis,the Pathfinders Task Force, and the Eagles' Wings Foundation, Inc., using the following statement: "A dispute arose between Disaster Solutions, LLC, and Monroe County, but that dispute has now been fully resolved to the satisfaction of all parties, and Monroe County will not comment further on the matter." The furnishing of additional information by Monroe County will be limited to those circumstances required by law and in response to a chapter 119 public records request, subpoena, or other lawful process. 3 Settlement Agreement Case No. 19-CA-32 and Case No.21-CA-258 10. Plaintiffs' and Plaintiffs' Successors' Obligation to Limit Information Disclosure The Plaintiffs and the Plaintiff's' Successors will respond to inquiries about Monroe County using the following statement: "A dispute arose between Disaster Solutions, LLC, and Monroe County, but that dispute has now been fully resolved to the satisfaction of all parties, and neither Disaster Solutions, LLC, nor the Pathfinders `Task Force will conii-nent further on the matter." The furnishing of additional inforniation by the Plaintiff's and the Plaintiffs' Successors will be limited to those circumstances required by law and in response to a Subpoena or other lawful process. 11. Binding Nature of Settlement Agreement The Plaintiffs and Monroe County have carefully read and reviewed this Settlement Agreenient with the assistance of their respective attorneys and understand its terms, obligations, operation, and effect, and agree to be bound by the Settlement Agreement. Any signature on pale 4 or 5 of this Settlement Agreeinent delivered by email shall be considered an original signature of the person or entity designated. By this signing s Settlement Agreement, each signatory represents that lie or she has ru 1 the lawful authority to execute and accept the Settlement Agreement oil behalf of himself, h self, 7 th flegal entity on whose behalf he or she is signing. Scott wis Carol Lewis Date q 4 - 1' FIw)-,----� Disaster Solutions, LLC, Date by Carol --N4a ee-,Momber wig a-s- rragi�Q The lea I in F(ii-indation, Inc., Date by Scott /'Iewi as Pre,', ent The Pe thfinders Tasl�Force, Date by Scott Lewis as authorized representative 4 Settlement Agrcemcnt Case No. 19-CA-32 and Case No. 2 1-CA-258 Attest: Kevin Madok, Clerk of Circuit Court and ex-Officio Clerk to Board of County Commissioners Monroe County Date By: As Deputy Clerk As Mayor Monroe County Attorney's Office Approved as to form: Assistant County Attorney 7-20-2021 o 5 Settlement Agreement Case No. 19-CA-32 and Case No.21-CA-258 THE CIRCUIT COURT OF THE 16'h JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO. 2019-CA-32-K DISASTER SOLUTIONS, LLC, A Florida Limited Liability Company, V. MONROE COUNTY, Defendant. STIPULATION FOR DISMISSAL WITH PREJUDICE, RESERVING JURISDICTION TO ENFORCE The Plaintiff, DISASTER SOLUTIONS, LLC, and the Defendant, MONROE COUNTY, advise the Court that they have entered into a binding Settlement Agreement and that, in accordance with the terms of the Settlement Agreement, the parties to this matter hereby stipulate to the dismissal of this matter with prejudice, with each party bearing its own attorney's fees and costs (including all copying and imaging costs), and reserving the jurisdiction of the Court to enforce the Settlement Agreement as set forth on the attached Final Order. Searcy, Denney, Scarola, Johnson, Anselmo, Murdoch, Barnhart& Shipley, P.A. Burke, Piper& Hochman, P.A. 2139 Palm Beach Lakes Blvd 2455 E. Sunrise Blvd., Suite 1000 West Palm Beach, FL 33409 Fort Lauderdale, Florida 33304 Counsel for Plaintiffs Counsel for Monroe County By: Is/Jack Scarola By: /s/JeffLey L. Hochman JACK SCAROLA, ESQ. JEFFREY L. HOCHMAN, ESQ. Fla. Bar No. 169440 Fla. Bar No. 902098 THE CIRCUIT COURT OF THE 16'h JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO. 202 1-CA-000258-K DISASTER SOLUTIONS, LLC, A Florida Limited Liability Company, and SCOTT P. LEWIS, individually, Plaintiffs, V. MONROE COUNTY, Defendant. FINAL ORDER OF DISMISSAL WITH PREJUDICE, RESERVING JURISDICTION TO ENFORCE THIS CAUSE came before the Court upon on July , 2021, Stipulation for Dismissal with Prejudice, Reserving Jurisdiction to Enforce ("Settlement Stipulation") filed by the Plaintiffs, DISASTER SOLUTIONS, LLC, and the Defendant, MONROE COUNTY, and the Court being otherwise advised, it is ORDERED AND ADJUDGED that this matter is hereby dismissed with prejudice based upon the terms of the Settlement Agreement referenced in the Settlement Stipulation, with each parry bearing its own attorney's fees and costs, and with the Court reserving jurisdiction to enforce the Settlement Agreement. In accordance with paragraph 6 of the Court's September 21, 2021, Confidentiality Order, MONROE COUNTY is directed to return all Confidential Documents to Counsel for the Plaintiff. All pending motions are hereby denied as moot. DONE AND ORDERED in Chambers at Key West, Monroe County, Florida, this day of May 2021. HONORABLE TIMOTHY KOENIG CIRCUIT COURT JUDGE Copies furnished to: Jeffrey L. Hochman, Esq. (Hochman@jambg.com; finley@jambg.com) Jack Scarola, Esq. (_Scarolateam@searcylaw.com; mmccann@searcylaw.com) Wayne Smith, Esq. (wsmith@thesmithlawfirm.com; Court-filings@thesmithlawfirm.com) THE CIRCUIT COURT OF THE 16'h JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO. 202 1-CA-000258-K DISASTER SOLUTIONS, LLC, A Florida Limited Liability Company, and SCOTT P. LEWIS, individually, Plaintiffs, V. MONROE COUNTY, Defendant. STIPULATION FOR DISMISSAL WITH PREJUDICE, RESERVING JURISDICTION TO ENFORCE The Plaintiffs, DISASTER SOLUTIONS, LLC, and SCOTT P. LEWIS, and the Defendant, MONROE COUNTY, advise the Court that they have entered into a binding Settlement Agreement and that, in accordance with the terms of the Settlement Agreement, the parties to this matter hereby stipulate to the dismissal of this matter with prejudice, with each party bearing its own attorney's fees and costs (including all copying and imaging costs), and reserving the jurisdiction of the Court to enforce the Settlement Agreement as set forth on the attached Final Order. Searcy, Denney, Scarola, Johnson, Anselmo, Murdoch, Barnhart& Shipley, P.A. Burke, Piper& Hochman, P.A. 2139 Palm Beach Lakes Blvd 2455 E. Sunrise Blvd., Suite 1000 West Palm Beach, FL 33409 Fort Lauderdale, Florida 33304 Counsel for Plaintiffs Counsel for Monroe County By: Is/Jack Scarola By: /s/Jefffey L. Hochman JACK SCAROLA, ESQ. JEFFREY L. HOCHMAN, ESQ. Fla. Bar No. 169440 Fla. Bar No. 902098 THE CIRCUIT COURT OF THE 16'h JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO. 202 1-CA-000258-K DISASTER SOLUTIONS, LLC, A Florida Limited Liability Company, and SCOTT P. LEWIS, individually, Plaintiffs, V. MONROE COUNTY, Defendant. FINAL ORDER OF DISMISSAL WITH PREJUDICE, RESERVING JURISDICTION TO ENFORCE THIS CAUSE came before the Court upon on July , 2021, Stipulation for Dismissal with Prejudice, Reserving Jurisdiction to Enforce ("Settlement Stipulation") filed by the Plaintiffs, DISASTER SOLUTIONS, LLC, and SCOTT P. LEWIS, and the Defendant, MONROE COUNTY, FLORIDA, and the Court being otherwise advised, it is ORDERED AND ADJUDGED that this matter is hereby dismissed with prejudice based upon the terms of the Settlement Agreement referenced in the Settlement Stipulation, with each parry bearing its own attorney's fees and costs, and with the Court reserving jurisdiction to enforce the Settlement Agreement. All pending motions are hereby denied as moot. DONE AND ORDERED in Chambers at Key West, Monroe County, Florida, this day of July 2021. HONORABLE MARK WILSON CIRCUIT COURT JUDGE Copies furnished to: Jeffrey L. Hochman, Esq. (Hochman@jambg.com; finley@jambg.com) Jack Scarola, Esq. (_Scarolateam@searcylaw.com; mmccann@searcylaw.com) Scott P. Lewis (scott(a�pathfindres.cc; scoff@disastersolutions.cc)