03/22/2023 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: March 23, 2023
TO: Abra Campo,
Contract Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 22, 2023 BOCC Meeting
The following item has been executed and added to the record:
T9 Settlement Agreement to resolve litigation in the case of AshBritt, Inc. v. Monroe
County, 16th Jud. Cir. Case No. 17-CA-802-K; rescission of 5/16/2018 letter terminating prior
contract with AshBritt and reinstatement of AshBritt contract dated 6/21/2017; exercise of year 1
and year 2 options to renew AshBritt through 8/l/2023; approval to issue new Request for
Proposals for disaster recovery and response services including debris collection with the goal of
having new contract(s) in place with debris vendors with an effective date of 8/l/2023.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
SETTLEMENT AGREEMENT
This Settlement Agreement ("Settlement Agreement") is made as of the last date that a
signature has been affixed below ("Effective Date") between AshBritt, Inc. ("AshBritt"), and
Monroe County, Florida("County") (collectively "the Parties").
WHEREAS,AshBritt and the County are the remaining parties in AshBritt,Inc.v. Monroe
Counly, Case No. 2017-CA-000802-K currently pending in the Circuit Court for the Sixteenth
Judicial Circuit, in and for Monroe County, Florida("Litigation"); and
WHEREAS, the Parties desire to achieve a full, final, and complete resolution to all
disputes, claims, and matters whatsoever,whether raised or not, (i) in the Litigation and(ii) in any
way arising, expressly or by implication, from the agreement at issue in the Litigation, i.e., the
Agreement for Disaster Response and Recovery Services dated June 21, 2017 ("Contract");
THEREFORE, in consideration of the mutual promises contained herein, the Parties
hereby settle the Litigation and release all claims against one another under the following terms:
1. The above recitals are true and an integral part of this Agreement.
2. The intent of this Settlement Agreement is to resolve, fully and finally, the
Litigation,together with any and all claims and potential claims arising from or in any way related
to or connected with the alleged facts, claims, or circumstances asserted in the Litigation. No
aspect or element of the Litigation is excluded from this Agreement.
3. A Stipulation for Dismissal and Final Order of Dismissal of the Litigation is
attached hereto as Exhibit A. Upon delivery of this fully executed Settlement Agreement to
AshBritt by email, the County shall be entitled to submit Exhibit A to the Court and request the
entry of the Final Order of Dismissal,Reserving Jurisdiction to Enforce the Settlement Agreement.
4. Within ten (10) business days following execution of this Agreement by both
Parties, the County shall deliver a lump sum payment in the amount of one hundred thousand
dollars ($100,000) ("Settlement Amount")to AshBritt.
5. Immediately upon execution of this Agreement by both Parties, (i) the May 16,
2018 letter issued by the County to AshBritt terminating the Contract pursuant to paragraph 9.513
of the Contract will be deemed to have been withdrawn, (ii) the Contract will be reinstated and
deemed to have remained in full force through June 20,2022, (iii)the Contract will also be deemed
to have been renewed a first time by the County (prior to the Contract's expiration) through June
20, 2023, and (iv) the Contract will also be deemed to have been renewed a second time by the
County (prior to the Contract's expiration)through August 1, 2023. The intent of this paragraph 5
is to create a reinstatement of the Contract without any changes to its terms for a term/period
ending on or before August 1, 2023, after a Request for Proposals for Disaster Response and
Recovery Services ("New RFP) is issued and awarded by the County.
6. The County shall issue written notice to DRC Emergency Services, LLC ("DRC"),
pursuant to paragraph 9.5(D) of the October 30, 2017 Agreement for Disaster Response and
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Recovery Services between the County and DRC ("DRC Contract") that the DRC Contract shall
be terminated effective August 1, 2023.
7. Following the Effective Date of this Agreement, the County will issue the New
RFP. The County will thereafter review responses, select a vendor, and award a new contract
("New Contract") to one or more entities, with an effective date for the New Contract of August
1, 2023.
8. In the event that unforeseen events cause the award of the New Contract or the
effective date of the New Contract to be delayed past August 1, 2023, then the County will be
entitled to proceed in a commercially reasonable manner to issue, procure and award the New
Contract.
9. AshBritt's General Release: By signing this Settlement Agreement, AshBritt
hereby irrevocably releases and forever discharges Monroe County,the County's officials,officers,
agents, representatives, employees, contractors, attorneys, and insurance carriers (including but
not limited to the Florida League of Cities, Inc. and Florida Municipal Insurance Trust) from any
and all actions, claims, and causes of action that AshBritt has, ever had, or may have, including
but not limited to claims for attorneys' fees and costs at both the trial court and appellate court
level, from the beginning of time to the Effective Date of this Agreement. By entering into this
Settlement Agreement, AshBritt explicitly waives all of the aforementioned Claims. The only
claim excluded from the scope of any general release created by this Agreement is the right to
enforce the terms of this Agreement.
10. County's General Release: By signing this Settlement Agreement, the County
hereby irrevocably releases and forever discharges AshBritt, together with AshBritt's officers,
directors, agents, representatives, employees, contractors, attorneys, and insurance carriers from
any and all actions, claims, and causes of action that AshBritt has,ever had,or may have, including
but not limited to claims for attorneys' fees and costs at both the trial court and appellate court
level, from the beginning of time to the Effective Date of this Agreement. By entering into this
Settlement Agreement, AshBritt explicitly waives all of the aforementioned Claims. The only
claim excluded from the scope of any general release created by this Agreement is the right to
enforce the terms of this Agreement.
11. AshBritt and Monroe County acknowledge that each takes a different view of the
facts, circumstances, and law related to the Litigation. The Parties acknowledge that this
Settlement Agreement is based on a mutual desire to resolve the dispute. This Settlement
Agreement is entered into in order to resolve the Litigation and to avoid the expenditure of time
and resources, and the settlement will not be considered to be any admission of liability by either
side in the Litigation.
12. This Agreement is binding upon the Parties, their successors, assigns,
representatives, agents, officials, officers, directors, and all other representatives of each of the
Parties.
13. The execution of and performance under this Agreement has been duly authorized
by all applicable laws and regulations and all necessary corporate action, and this Agreement
constitutes a valid and binding obligation imposed upon the County and AshBritt.
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14. This Agreement may be executed in counterparts, each of which shall be an
original,but all of which together shall constitute one and the same instrument.
15. This Agreement will be governed exclusively by Florida law and with the exclusive
venue for any lawsuit relating to the Agreement in Monroe County,Florida.
AshBritt,Inc.
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By ittan erkins Castillo,as President
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Date:-;March f. , ;.2023
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By(1,,o4f,Ol t/ii rOk,if i 11:4 D as /9/h r t.,,,,t✓ ' ..-., (title)
Board I. •'nty Com sio 1 rs of Monroe County,Florida
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By Crai, Cat s as a or
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,=y 'p:=\Psi 4D t : March2 2023
`•I c k,a ' '�°l ilta 'on for Monroe County:
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Clerk
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R:j. As De'uty Clerk
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Approved as to form and legal sufficiency:
Monroe County Attorney's Office
r'Digitally signed by Cynthia L.
i'Hall
03.4.0
DN:tn=Cynthia L.Hall,
t. /�/� '+o=Monroe CountyBOCC.au, ,
tLlL'l_Js email=hall fV
Cynthia@monroetounty-B.gov, fi°y . `
Date.2023.032214:48:03
04'00'
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY
ASHBRITT, INC., a Florida corporation, Case No. 17-CA-802-K
Plaintiff, Hon. Timothy J. Koenig
V.
MONROE COUNTY, FLORIDA; et al.
Defendants.
STIPULATION FOR DISMISSAL WITH PREJUDICE
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned
counsel for the respective parties herein, that the claims of ASHBRITT, INC., against Defendant
MONROE COUNTY have been amicably resolved in accordance with the attached Settlement
Agreement, and shall be dismissed with prejudice, with each of the respective parties herein to
bear its own costs and attorneys' fees. The Court reserves jurisdiction to enforce the terms of the
Settlement Agreement.
DATED this day of March 2023.
SMITH/HAWKS JOHNSON, ANSELMO, MURDOCH,
Counsel for PlaintiAshBritt, Inc. BURKE, PIPER & HOCHMAN, P.A.
Counsel for Monroe County, Florida
By: By:
Barton W. Smith Jeffrey L. Hochman
Florida Bar No. 20169 Florida Bar No. 902098
Lucas S. Lanasa
Florida Bar No. 73866
MONROE COUNTY ATTORNEY'S
OFFICE
Co-Counsel for Monroe County, Florida
By:
Cynthia L. Hall
Florida Bar No. 34218
i
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
efiled and served this day of March 2023via the e-portal on all counsel of record in this matter.
By:
Cynthia L. Hall
Florida Bar No. 34218
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY
ASHBRITT, INC., a Florida corporation, Case No. 17-CA-802-K
Plaintiff, Hon. Timothy J. Koenig
V.
MONROE COUNTY, FLORIDA; et al.
Defendants.
FINAL ORDER OF DISMISSAL WITH PREJUDICE AND RETENTION OF
JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT
THIS CAUSE came before the Court upon the filing of the parties' March , 2023,
Stipulation for Dismissal with Prejudice, and the Court being duly advised in the premises, it is
ORDERED AND ADJUDGED that this case is hereby dismissed with prejudice with
each parry to bear its own attorney's fees and costs. The Court approves and adopts the Settlement
Agreement attached to the parties' March 2023, Stipulation for Dismissal with Prejudice
("Settlement Agreement") as an order of the Court, directs the parties to abide by the Settlement
Agreement, and retains jurisdiction to enforce the Settlement Agreement.
DONE AND ORDERED in Chambers at Key West, Monroe County Florida this DDDD.
Copies furnished to:
CCCC
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