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R24-158 1 RESOLUTION NO. R24-158 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT 5 AGREEMENT AND RELEASE OF CLAIM NO. PGCS 426943/TRISTAR 6 24911534 TOTALING $275,000; PROVIDING AN EFFECTIVE DATE; AND 7 FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that 10 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 11 Commission by formal resolution; and 12 WHEREAS, the Claimant brought a claim for damages stemming from an alleged work- 13 related incident that occurred while in the course and scope of employment on or about 14 December 13, 2023, to wit: Claim No. PGCS 426943/Tristar 24911534; and 15 WHEREAS, a Conditional Settlement Agreement and Release was reached with the 16 Plaintiff for a total amount of $275,000 in exchange for general release of all claims, including 17 all attorney's fees and costs; and 18 WHEREAS, the City's portion of settlement responsibility is $200,000, which reflects the 19 remaining amount of deductible for the claim, with the remainder to be paid by the City's 20 Insurance; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 22 the best interests of the citizens and residents of the City of Boynton to approve the Conditional 23 Settlement Agreement and Release of Claim No. PGCS 426943/Tristar 24911534 totaling 24 $275,000. 25 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 SECTION 2. The City Commission hereby approves the Conditional Settlement 31 Agreement and Release for $275,000, with the City paying $200,000 in connection with Claim 32 No. PGCS 426943/Tristar 24911534, attached as "Exhibits A" and "Exhibit B." 33 SECTION 3. The fully executed Conditional Settlement Agreement, Release, and Final 34 Order Approving Settlement shall be retained by the City Clerk as a public record of the City. 35 SECTION 4. This Resolution shall take effect as provided by law. 36 PASSED AND ADOPTED this 16th day of July 2024. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 Mayor—Ty Penserga - 41 / 42 Vice Mayor— Aimee Kelley 43 `� 44 Commissioner—Angela Cruz 45 46 Commissioner— Woodrow L. Hay 47 48 Commissioner— Thomas Turkin _ ,evl-K 49 50 VOTE 3 51 A T: �^ 52 .& 10,_,.. .• � 53 Mayle= ,:- - esus, MPA MC T, -e► ga 54 City Cl : ""�.�� May'S 55 - B0YN70 `11 i is ;•_,ORPO;4•;.L�11 56 ;�;;• E...<1..A APPROVED AS TO FORM: 57 ' • SEAo $ i /NcoRPOR :I ), /58 (Corporate Seal) /\i : 19 ATlCG naJ 4/17#' 20 , 59 111 •F s Shawna G. Lamb 60 ,k..%�ORIDA,= City Attorney CONDITIONAL SETTLEMENT AGREEMENT Case Name: DESIREE ROSAS v. CITY OF BOYNTON BEACH Claim No.: PGCS 426943 /Tristar 24911534 The parties, DESIREE ROSAS (hereinafter referred to as the "Plaintiff') and CITY OF BOYNTON BEACH (hereinafter referred to as the "City"), have reached a settlement of all claims that Plaintiff may have against the City, and its respective officials, officers, employees or agents, in their official or individual capacity. This settlement specially includes, but is not limited to, any and all claims against the City of Boynton Beach in the above-styled claim. City agrees to pay the total amount of TWO HUNDRED SEVENTY-FIVE THOUSAND and 00/100 Dollars ($275,000.00) to the Plaintiff. The parties to this agreement acknowledge that this settlement agreement is contingent upon further approval as set in the City's Charter and Codes relative to the settlement of claims. In addition, parties agree that the "further approval" is contingent on, among other things, total satisfaction of all conditions set forth herein — to the satisfaction of the City. And that the City will not seek "further approval" until all conditions set forth herein, and otherwise, are met — to the City's satisfaction. Plaintiff agrees to accept the said amount in a complete and total settlement of all claims that Plaintiff may have against City and its respective officials, officers, employees (both presently or previously employed), or agents, in their official or individual capacity, from the beginning of the world to the date of this settlement, except as to any claim by Plaintiff against Fabrice Jeannington in his individual capacity. This settlement specifically includes but is not limited to, any and all claims arising from an alleged accident that is the subject of the above- captioned action and which occurred on or about December 13, 2023, in Boynton Beach, Palm Beach County, Florida Plaintiff agrees to execute the General Release in the form prepared by the City, releasing the City of Boynton Beach, and its respective officials, officers, employees (both presently or previously employed), or agents, in their official and individual capacity, from any further liability, responsibility or obligation whatsoever, growing out of the matter at hand, as well as any other potential claims that the Plaintiff may have against the City, its officials, officers, Rosas vs. City of Boynton Beach Conditional Settlement Agreement Page 1 of 3 employees (both presently or previously employed) or agents, in their official or individual capacity, from the beginning of the world to this present date, except as to any claim by Plaintiff against Fabrice Jeannington in his individual capacity. Plaintiff agrees that the dismissal with prejudice and accompanying order dismissing the lawsuit with prejudice will be drafted by the City and to the City's satisfaction. Plaintiff agrees that the release will be delivered to the City prior to obtaining the "further approval" mentioned above. These documents will be held by the City until settlement funds are delivered. The Plaintiff agrees to execute any and all Medicare status forms according to Section 111 of the Medicare, Medicaid, SCHIP Extension Act of 2007 and the Medicare Secondary Payer Act (MSP), 42 U.S.C. §1395y(b)(2) and §1862(b)(2)(A)/Section and § 1862(b)(2)(A)(ii) of the Social Security Act; and or any Addendum to Settlement Agreement and General Releases with regard to Medicare's Interest that may be required by Rule of Law. The Plaintiff further agrees to resolve all liens, recovery claims, and outstanding obligations, whether medical, Workers' Compensation or otherwise, prior to the City seeking "further approval" of this Settlement. Plaintiff further agrees that any and all potential liens (including, but not limited to, medical, workers' compensation, and legal expenses or fees) that may exist relative to this matter will be resolved to the City's satisfaction prior to the City obtaining the "further approval" as set forth above and/or the delivery of any settlement funds to the plaintiff- or there is no settlement. Upon written confirmation by Plaintiff to the City that all liens, recovery claims, and outstanding obligations have been resolved and to the City's satisfaction, the City will proceed with obtaining "further approval" as described above, if applicable. Plaintiff further agrees that if there are Medicare or Medicare liens or recovery claims, the same shall be paid directly by the City from the settlement proceeds following written communication of the lien resolution amount from Plaintiff. Any remaining settlement proceeds shall be paid to Plaintiff. Plaintiff shall satisfy all remaining liens and obligations with the proceeds of this conditional settlement agreement, less any amounts paid to Medicare or Medicaid. Rosas vs. City of Boynton Beach Conditional Settlement Agreement Page 2 of 3 Dated this 8 day of July , 2024. City of Boynton Beach City Attorney's Office 100 East Ocean Avenue, 5th Floor Boynton Beach, FL 33435 Telephone: (561) 742-60511 Yarn/2 A › l� �nQ • DESIREE ROSAS Shawna G. Lamb City Attorney Fla. Bar No.: 0143634 Rosas vs. City of Boynton Beach Conditional Settlement Agreement Page 3 of 3 GENERAL RELEASE THIS INSTRUMENT is executed this 8th day of July , 2024, by DESIREE ROSAS,for myself/heirs,my/our executors,administrators,and/or successors, hereinafter called "Releasor." By executing this Instrument, Releasor acknowledges being of lawful age and of sound mind, and hereby fully, finally, and completely release and discharge CITY OF BOYNTON BEACH,herein collectively called"Releasee"from any and all claims, rights, and actions whatsoever, for which said Releasee is legally or equitably responsible or liable. NOW THEREFORE, in consideration of the sum of$275,000.00 in hand paid to the Releasor/Lienholder by or on behalf of Releasee, the receipt and sufficiency of which is hereby acknowledged. Releasor agrees as follows: Releasor hereby and for their heirs, executors, administrators, representatives, successors, subrogees, privies, and assigns do fully and finally release, discharge, acquit, defend and hold harmless Releasee, and their executors, administrators, insurers, insureds, successors, privies, assigns, associations, partnerships, agents or representatives, of and from any and all claims,actions,causes of action,demand,rights,damages,attorney's fees, costs, loss of service, bodily injury, personal injury, lost wages, liens, expenses, and/or compensation whatsoever,which the Releasor now have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen damages and any consequences thereof,resulting or to result from the accident, casualty, or event which occurred on or about December 13, 2023, in Boynton Beach, Palm Beach County, Florida. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim and that the payment made is not to be construed as an admission of liability on the part of the Releasee, and that said Releasee denies liability and, therefore, intends merely to avoid unnecessary and costly litigation. The Releasor freely and voluntarily executes this Release after being apprised of all relevant information and data furnished by their agents, contractors, consultants, and/or attorneys. In executing this Release, the Releasor does not rely on any inducements, promises,or representations made by the Releasee or any of the Releasees' representatives. Furthermore, no promise, inducement, or agreement not herein set forth has been made to the Releasor, and this Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not merely a recital. Further, that the Releasor has or will discharge or indemnify, defend, and save harmless the Releasee from any and every damage claim, right, action, demand, lien, known or unknown, to either party hereto of every kind or character which may ever be asserted by reason of or in relation to the instant claim. Page 1 of 2 DR°N Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree, which carries a maximum prison sentence of five years. Such actions may lead to criminal prosecution, the invalidation of this agreement,and the full refund of any and all payments received through this settlement. NOTHING IN THIS RELEASE IS INTENDED TO RELEASE OR BAR ANY CLAIM BY RELEASOR AGAINST FABRICE JEANNINGTON IN HIS INDIVIDUAL CAPACITY. RELEASOR HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. The undersigned hereby set her hand and seal this 8thday of July , 2024. 0,2_�oc- j 0_oc„. DESIREE ROSAS, RELEASOR STATE OF VEM115Ax Virginia COUNTY OF VAVIebtftfichesterfield i The foregoing instrument was acknowledged before me by means of physical presence or ./ online notarization, this 8th day of July , 2024, by DESIREE ROSAS, who is personally known to me or who has produced Driver License as identification. My Commission Expires:06/30/2028 arii7A Nota Public ry ub c \\���\1111111 I I l l i,/i,111,� It "V Jermeisha Curtla Justinlano I? . 4:11 • r-f=i- t. ' Notarized remotely online using communication technology via Proof. REGISTRATION NUMBER i f V • • 0 7888145 /'�j AycsoT ` COMMISSION EXPIRES �i7�7'///11111111111\1Q\� June 30,2028 Page 2 of 2 DR0a.