HomeMy WebLinkAboutItem W03 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Friday, July 10, 2026 1:19 PM
To: MGT; Agenda Distribution Group; County-Attorney; County Commissioners and Aides
Subject: ADD ON ITEM W3 BOCC 07/15/2026 MEETING
Attachments: AIS 26-32423.pdf, Release - Notarized.pdf
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the
approval of the Agenda:
"Approval of a Settlement Agreement in Perla Jennifer Vidaure de Miller v. Board of County
Commissioners of Monroe County, 16th Judicial Circuit Case No. 25-CA-821-K."
The Agenda Item Summary is attached. Once approved,this will be considered Add On Item W3.
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Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Notary Public
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1
COUNTY Nr11�,Y �� ����� m� � ^ BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
Craig Cates,District 1
James K.Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: {{section.number}}{{item.number}}
26-32423
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
AGENDA ITEM WORDING:
Approval of a Settlement Agreement in Perla Jennifer Vidaure de Miller v. Board of County
Commissioners of Monroe County, 16th Judicial Circuit Case No. 25-CA-821-K.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match:
Docusign Envelope ID:A51E527E-5C91-8076-8289-A9FCDCF697F7
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release("Settlement Agreement") is entered into
by PERLA JENNIFER VIDAURE DE MILLER (hereinafter referred to as, the "Releasor"),
and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS(hereinafter referred to
as the "Releasee").
WHEREAS, Releasor, Perla Jennifer Vidaure de Miller, filed a lawsuit against Releasee,
Monroe County Board of County Commissioners, in the Circuit Court of the Sixteenth Judicial
Circuit in and for Monroe County, Florida and bearing Case No. 25-CA-821-K (referred to as
"Litigation") for alleged personal injuries arising from a motor vehicle accident on or about July
18, 2024("Incident"); and
WHEREAS,the parties fully and finally resolved'all claims between Releasor and Releasee,
without any admission of liability.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, and
other good and valuable consideration, the sufficiency of which is hereby acknowledged, the
Parties agree as follows:
1. Perla Jennifer Vidaure de Miller's Release and Discharge.In consideration of the payments
called for in this Settlement Agreement, the undersigned Releasor completely releases and
discharges forever Releasee, MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, and its employees,officers,directors,agents,representatives,underwriters,
members, successors, insurers, reinsurers, parent companies, sister companies, and any other
affiliated people or entities; from any and all claims,demands,actions, causes of action(including,
but not limited to, all claims, demands, actions, and causes of action for bad faith or civil remedy
notice(s) of insurer violation(s)), suits, losses, damages, liabilities, and expenses of any nature
whatsoever, past, present, or future, whether known or unknown, asserted or unasserted, arising
out of or relating to the Incident and/or that have been made or could have been made in the
Litigation.
2. It is understood and agreed that this Settlement Agreement expresses a full and complete
settlement of any and all past, present, or future claims, demands, obligations, actions, causes of
action (including, but not limited to, all claims, demands, actions, and causes of action for bad
faith or civil remedy notice(s) of insurer violation(s)), personal injury claims, rights, damages,
costs, losses of services, expenses, and compensation of any nature whatsoever, whether based on
tort, contract, or any other theory of recovery, which Releasor, PERLA JENNIFER VIDAURE
DE MILLER, now has or may hereafter accrue or otherwise acquire, on account of, arising out
of, relating to, or which are the subject of the above-described Incident or Litigation, including,
without limitation, any and all known or unknown claims for bodily injury, amputation, loss of
motion, pain, personal injury of any kind,past or future medical expenses, past lost wages, future
loss of earning capacity,property damage, loss of services, past or future pain and suffering, past
or future mental anguish, punitive damages, attorney's fees, taxable costs, and any damages that
could be awarded in a final judgment to Releasor in the above-referenced Litigation, or any claim
related to any acts or omissions of any Releasee or the Insurer, including but not limited to such
acts or omissions arising out of or relating to the Incident or Litigation.
Docusign Envelope ID:A51 E527E-5C91-8076-8289-A9FC DCF697F7
3. No Admission of Liability. It is understood that the Releasee, and its employees,
administrators, representatives, agents, servants, managers, directors, employers, insurers,
successors, and assigns, by reason of this payment do not admit any liability, nor has the Releasee
made any agreement to make any payment or to take any action not reflected in this Settlement
Agreement.
4. Payments. In consideration of the Release set forth above,
(a) If signed by Releasor and returned to Releasee in time for agenda publication, this
Settlement Agreement will be presented to Releasee, MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS, during the next publicly noticed meeting for
approval; and
(b) Within twenty (20) days of approval of the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS of the executed Settlement Agreement,the County will
pay to Releasor FIFTY THOUSAND DOLLARS AND 00/100 CENTS$50,000.00)
made payable to: Morgan & Morgan, P.A. Trust Account f/b/o Perla Jennifer
Vidaure de Miller.
5. Liens. Releasor represents and warrants that Releasor has, or will, dispose of all liability and
satisfy all liens, debts, or obligations arising out of the incident, including but not limited to Social
Security liens, Medicare and/or Medicaid liens, Veterans' Administration liens, Worker's
Compensation benefit liens, hospital liens, medical liens, physician liens, travel insurance liens,
attorney liens,and any lien or claim asserted. Releasor affirmatively orders Releasor's attorney to
hold the settlement payment described in Paragraph 4 in trust and to not disburse any of the
payment to the Releasor or the Releasor's attorney until written confirmation is received by the
Insurer that all such liens have been fully satisfied and extinguished.
In the event that any lien, claim, demand, action or suit for, upon, by reason of, arising out of, or
in any way related to the Incident should be made or instituted against Releasees or the Insurers
by any person, attorney or entity purporting to act on Releasor's behalf, any lien holder, insurer,
subrogee, or any other person or entity based on contribution, subrogation,indemnity or any other
theory relating to or arising from any injuries or damages relating to the Incident, Releasor and
Releasor's attorney agree to indemnify, defend and hold harmless Releasees and the Insurers
against any such claim, demand, action,or suit,and to pay and satisfy any judgment resulting from
or settlement of any such claim, demand, action or suit, as well as all expenses of investigation,
attorney's fees and costs incurred by the Releasees or the Insurers, or any of them, in connection
with any such claim, demand, action or suit.
6. Medicare. Releasor represents and warrants that if she is Medicare eligible; she is aware of
. Medicare's interest in this settlement to the extent Medicare has made any conditional payments
for medical services or items received (pursuant to 42 U.S.C. § 1395y(b) and the corresponding
regulations) and related to the Incident, injury or illness giving rise to this settlement; and agrees
to reimburse Medicare for any conditional payments related to the Incident,injury,or illness giving
Page 2 of 6
Settlement Agreement—Perla Vidaure de Miller v.Monroe County Board of County Commissioners,
Case No. 25-CA-821-K in Monroe County,Florida
Docusign Envelope ID:A5lE527E-5C91-8076-8289-A9FCDCF697F7
rise to the settlement upon receipt of a final demand letter from Medicare. Releasor represents and
warrants that any and all claims, rights of recovery, or liens concerning Medicare's prior
conditional payments related to the Incident, injury or illness giving rise to this settlement, have
been, or will be resolved prior to Releasor's receipt of any portion of the settlement amount set
forth above.
Releasor agrees to defend, indemnify, and hold the Releasees and the Insurers harmless from any
claims by any medical provider or program,including,but not limited to,Medicare,Medicaid, any
federally supported hospital under 42 U.S.C. 2651, et seq., or any state supported for-charity
hospital, or their assignees, for medical expenses incurred by or on behalf of Releasor related to or
arising out of the Claim, including any and all civil penalties associated with same. The defense
and indemnity provisions set forth in this paragraph specifically include,but are not limited to, any
action for reimbursement, penalties, fees, or other damages asserted by Medicare, the Center for
Medicare and Medicaid Services,any Medicare Part C or Medicare Advantage Plan, or any related
entity whatsoever under the Medicare Secondary Payer Act for conditional payments made for
medical care related to or arising out of the Claim. Releasor acknowledges that, to the extent the
Center for Medicare and Medicaid Services ("CMS") deems that the federal government's
interests were not adequately protected by this settlement, Medicare may decline to pay for any
future medical care that is deemed to have arisen out of the Incident or underlying allegations until
Releasor can show that future medical costs equal to the full settlement amount have been
expended. Releasor agrees and accepts the sole risk of same. Releasor further specifically waives
any private cause of action arising under the Medicare Secondary Payer Act or related statutes or
regulations. The parties further acknowledge that no future action or determination by Medicare
as to Releasor's eligibility or entitlement to Medicare will have any effect on the validity,finality,
or enforceability of this Agreement.
7. Tricare. Releasor shall be solely responsible for any and all damages, penalties, liens, or
interests assessed by Tricare or the USA under Federal Medical Cost Recovery Act - 42 U.S.C.
§2651-2653 (the"FMCRA") and shall defend and hold harmless the Releasees, the Insurers, their
attorneys, or any of their agents for any such claim asserted by or on behalf of Tricare or the USA.
8. Denial of Liability. This settlement involves the resolution of a disputed claim, for which the
Releasee expressly and fully denies liability.
9. Taxes.No representations have been made regarding the taxability of all or any portion of this
Settlement Agreement. Each Party has had the opportunity to seek independent advice regarding
the tax consequences of this Settlement Agreement and accepts responsibility for the satisfaction
of any tax obligation that may result from this Settlement Agreement.
10.Attorney's Fees. Each Party shall bear its own attorney's fees and costs incurred in
connection with the Incident,the Litigation,this Settlement Agreement,the matters and documents
referenced herein, the filing of any dismissal with prejudice, and all related matters.
11. Delivery of Dismissal with Prejudice. Concurrently with the receipt of the payment listed
above, counsel for the Releasor will file with the Court an executed Dismissal with Prejudice of
the Litigation. The Releasor has authorized her attorney to execute this Dismissal on her behalf
Page 3 of 6
Settlement Agreement—Perla Vidaure de Miller v. Monroe County Board of County Commissioners,
Case No. 25-CA-821-K in Monroe County,Florida
Docusign Envelope ID:A51E527E-5C91-8076-8289-A9FCDCF697F7
and hereby authorizes counsel for the Releasor to file said Dismissal with the court and enter it as
a matter of record.
12. Warranty of Capacity to Sign Agreement. The Releasor represents and warrants that no
other person or entity has or has had any interest in the claims, demands, obligations, or causes of
action referred to in this Settlement Agreement except as otherwise set forth in the Settlement
Agreement;and that she has the sole right and exclusive authority to sign this Settlement Agreement
and receive the sums specified in it; and that she has not sold, assigned, transferred, conveyed, or
otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in
this Settlement Agreement.
13.Entire Agreement and Successors in Interest. This Settlement Agreement contains the entire
agreement between the Releasor and the Releasee with regard to the matters covered by it and
shall be binding on and inure to the benefit of the executors, administrators, personal
representatives, heirs, successors, and assigns of each.
14.Representation of Comprehension of Document.In entering into this Settlement Agreement,
the Releasor represents that she has relied on the legal advice of her attorney, who is the attorney
of her own choice and that the terms of this Settlement Agreement have been completely read and
explained to her by her attorney, and that the terms are fully understood and voluntarily accepted.
This Settlement Agreement represents a full and final compromise, adjustment, and settlement of
any and all claims, disputed or otherwise, on account of the matters discussed in it,for the purpose
of excluding forever, as against the world, any further claims or demands by the undersigned
flowing from the matters and events set forth herein.
15. Governing Law. This Settlement Agreement shall be construed and interpreted in accordance
with the laws of the State of Florida.
16.Additional Documents. All parties agree to cooperate fully and sign any and all
supplementary documents and take all additional actions necessary to give full force and effect to
the terms of this Settlement Agreement.
17.Effectiveness. This Settlement Agreement shall become effective upon its execution by
Releasor on the Date of Execution.
18. All Parties to this Settlement Agreement hereby declare that each has had the opportunity to
seek advice concerning this Settlement Agreement from counsel of their choice. All Parties to this
Settlement Agreement further acknowledge that each has executed this Settlement Agreement
freely and voluntarily, with full knowledge of all material facts after independent investigation,
and without fraud, duress, or undue influence of any kind or nature whatsoever, and that they fully
understand each and every provision contained herein. Therefore, any ambiguity or uncertainty in
the writing shall not be interpreted against the Party drafting the writing.
Page 4 of 6
Settlement Agreement—Perla Vidaure de Miller v.Monroe County Board of County Commissioners,
Case No. 25-CA-821-K in Monroe County,Florida
Qocusign Envelope ID:A51 E527E-5C91-8076-8289-A9FCDCF697F7
PERLA JENNIFER VIDAURE DE
MILLER
STATE OF l a Q
COUNTY OF 6 f()ill a f
Sworn to (or affirmed) and subscribed before me by means of Erphysical presence or❑ online
notarization, on this 10'"day of 1 119 J , 2026, by Perla Jennifer Vidaure de
Miller, who is personally known to me or who produced the following identification
re 1)� '- � 5�3 b 1 0 $1 5 3 10 , who swears and deposes that she is the person
authorized to execute the foregoing instrument and who acknowledged before me that she executed
the same.
WITNESS my hand and official seal in the County and State last aforesaid this I 0 f h day of
y , 2026.
[SEAL] NOTARY T1117ALIC
01. LAURAOJEDA
MY COMMISSION#HH 724647
a P°` EXPIRES:September 24,2121
Page 5 of 6
Settlement Agreement—Perla vidaure de Miller v.Monroe County Board of County Commissioners,
Case No. 25-CA-821-K in Monroe County,Florida
Docusign Envelope ID:A51 E527E-5C91-8076-8289-A9FCDCF697F7
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:. ...
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, by means of❑ physical presence or ❑
online notarization, this day of 2026, by
as of and on
behalf of
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. He/She is
personally known to me or has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this day of
2026.
[SEAL] w NOTARY PUBLIC
Page 6 of 6
Settlement Agreement—Perla Vidaure de Miller v.Monroe County Board of County Commissioners,
Case No. 25-CA-821-Kin Monroe County,Florida