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R24-216 1 RESOLUTION NO. R24-216 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 KATHRYN MATOS V. CITY OF 6 BOYNTON BEACH, EEOC CHARGE NO.510-2024 FOR THE AMOUNT OF 7 $100,000, PROVIDING AN EFFECTIVE DATE, AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that 11 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 12 Commission by formal resolution; and 13 WHEREAS, Ms. Matos brought a claim for damages stemming from alleged violations of 14 the Americans with Disabilities Act and the Florida Civil Rights Act by the former Director of 15 Human Resources that occurred on or about December 19, 2023, in EEOC Claim No. 510-2024; 16 and 17 WHEREAS, a Conditional Settlement Agreement and Release was reached with Ms. Matos 18 and her attorney for a total amount of $100,000 in exchange for general release of all claims, 19 including all attorney's fees and costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 21 the best interests of the citizens and residents of the City of Boynton to approve the Conditional 22 Settlement Agreement and Release of EEOC Claim No. 510-2024 totaling $100,000. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 SECTION 2. The City Commission hereby approves the$100,000 Conditional Settlement 29 Agreement and Release, attached hereto as "Exhibit A" and "Exhibit B" and authorizes the 30 Mayor to sign the Conditional Settlement Agreement and Release and any ancillary documents. 31 SECTION 3. The fully executed Conditional Settlement Agreement and Release shall be 32 provided to the City Clerk to be retained as a public record of the City. 33 SECTION 4. This Resolution shall take effect as provided by law. 34 35 PASSED AND ADOPTED this / day of (?fir 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 Mayor—Ty Penserga 39 40 Vice Mayor— Aimee Kelley 41 42 Commissioner—Angela Cruz 43 44 Commissioner— Woodrow L. Hay ✓ 45 46 Commissioner— Thomas Turkin 47 48 VOTE 3 a 49 ATTEST: 50 gr 51 / �J 52 Maylee De J- - • MPA, C Ty ' - - a /0 / tow/ 53 City Clerk Mayo 54 55 ,=4.‘"c ON ,(94.`‘‘‘ APPROVED AS TO FORM: 56 O QoarE•*•'9�y ��� 57 (Corporate Seal) ;,.; p'�p; JaerKJ. xa„,4 FtA� i 58 :-=• (�� °+ •\N�p ,,0 • f Shawna G. Lamb 59 �, 1°� % City Attorney CONDITIONAL SETTLEMENT AGREEMENT Case Name: KATHRYN MATOS v. CITY OF BOYNTON BEACH File No.: 24-0506 The parties, KATHRYN MATOS (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, employees,Commissioners,insurers(except as provided herein),insureds,successors,privies,assigns,agents,attorneys or representatives,including all current and former members of the foregoing groups (collectively, the "Releasees"). 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 ONE HUNDRED THOUSAND and 00/100 Dollars ($100,000.00) to the Plaintiff as compensation for Plaintiff's alleged compensatory damages for personal injury caused by emotional distress based upon Plaintiff's representation that she has suffered a demonstrable personal injury, and attorneys'fees and costs for which Plaintiff and Plaintiff's counsel shall receive a Form 1099-MISC(Other Income). This payment will be made payable to the Trust Account of Sass Law Firm (o/b/o Plaintiff) and received by Plaintiff's counsel within 30 calendar days of the date the City approves this settlement agreement Plaintiff and Plaintiffs counsel agree to provide the City with the required Form W-9s. 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, which the City will seek by September 30, 2024. If the City does not approve this Conditional Settlement Agreement and the General Release between the parties, this Agreement shall be null and void and Plaintiff and the City shall be returned to the status quo before the signing of this Agreement. Plaintiff agrees to accept the said amount in a complete and total settlement of all claims that Plaintiff may have against the 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 Plaintiff signs this Agreement. In consideration of the payment described above and mutual promises set forth in this Agreement and except as provided herein, Conditional Settlement Agreement Page 1 of 4 Plaintiff, on behalf of Plaintiff, her spouse, issue, heirs, successors, current and former agents, representatives, assigns, executors, beneficiaries, and administrators, hereby releases and forever discharges the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups(collectively,the"Releasees"),from any and all charges,grievances,complaints, claims,obligations,promises,agreements,controversies,damages,actions,causes of action,suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, whether in law or in equity,whether known or unknown,suspected or unsuspected,which Plaintiff ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Plaintiff's employment with or separation from employment with the City, EEOC Charge (Charge No. 510-2024-08512), any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties, severance or other compensation, or any claims arising under any contracts, express or implied, or any tort, including, without limitation, intentional infliction of emotional distress, harassment, discrimination,including any claim under the Age Discrimination in Employment Act,retaliation, interference, defamation, fraud and breach of duty, or any legal restrictions on the City's right to terminate Plaintiff, and any federal, state or other governmental common law, statute, regulation or ordinance, through the date Plaintiff signs this Agreement. Notwithstanding this full and complete general release of all claims and damages,nothing herein is intended to waive any rights or claims to vested benefits in any City-sponsored retirement and/or deferred compensation plan. Nor is this release intended to waive Plaintiffs insurance coverage and/or payment for medical claims for medical services submitted through the City's health insurance plans prior to Plaintiff's execution of this Agreement or her right to continuation of health insurance coverage as allowed by law or Plaintiff's rights to any rights to indemnification under the City's policies and procedures if anyone pursues a claim against her in her official capacity as an employee, representative or agent of the City. Should any Releasee bring a claim against Employee, Employee's release as to that specific individual is null and void and Employee may pursue any such claims against that individual in their individual capacity. In consideration of the promises made by Plaintiff in this Agreement, the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or Conditional Settlement Agreement Page2of4 representatives, including all current and former members of the foregoing groups, in their official capacity as to each, ("City Releasors") knowingly and voluntarily release and forever discharge Plaintiff of and from any and all claims, known and unknown, anticipated and unanticipated, asserted and unasserted,which City Releasors have or may have against Plaintiff as of the date of execution of this Agreement, including, but not limited to, any alleged violation of any federal, state or local law, rule, regulation or ordinance; any public policy, contract, tort, or common law; or any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in this matter. The Parties agree to execute the General Release attached to this Conditional Settlement Agreement as Exhibit 1,releasing each other.Plaintiff also agrees to submit a request for dismissal with prejudice of her EEOC charge to the City's satisfaction and any other pending actions within three(3)days of the Effective Date.Plaintiff agrees to cooperate with the City's attorneys to ensure the full dismissal of Plaintiff's EEOC Charge. The Plaintiff agrees to execute any and all Medicare status forms according to Section 111 of the Medicare,Medicaid,SCRIP 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 the Separation Agreement and the General Release with regard to Medicare's Interest that may be required by Rule of Law.Plaintiff represents that Plaintiff is not a Medicare beneficiary or receiving Medicare benefits. This Agreement,the General Release, and that Separation Agreement and Release contain the entire understanding and agreement between the Parties and shall not be modified or superseded, except upon express written consent of the Parties to this Agreement. This Agreement shall become effective on the next business day following the City Commission's approval of this Conditional Settlement Agreement and the General Release, and the eighth day after Employee signs this agreement,unless Employee revokes it("Effective Date"). [signatures follow on next page] Conditional Settlement Agreement Page 3 of 4 Dated this 19th day of September, 2024. City of Boynton Beach City Attorney's Office 100 East Ocean Avenue Boynton Beach,FL 33435 Telephone: (561)742-6051 � l I 1#7" f/I44ina u�6 • T • J • T•S SHAWNA G.LAMB City Attorney Fla. Bar No.: 0143634 Conditional Settlement Agreement Page 4 of 4 EXHIBIT I. GENERAL RELEASE THIS INSTRUMENT is executed this .L3"* day of SS oembe.,— , 2024, by KATHRYN MATOS, 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 and the individuals and entities described below and referred to as"Releasees",from any and all claims,rights,and actions whatsoever,for which said Releasees are or may be legally or equitably responsible or liable. NOW THEREFORE, in consideration of the sum of$100,000.00 in hand paid to the Releasor by or on behalf of Releasees, the receipt and sufficiency of which is hereby acknowledged. Releasor agrees as follows: In consideration of the payment described above and mutual promises set forth in this Release and except as provided herein, Releasor, on behalf of Releasor, her spouse, issue, heirs,successors,current and former agents,representatives,assigns,executors,beneficiaries, and administrators, hereby releases and forever discharges the Releasees, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the "Releasees"), from any and all charges, grievances, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, which Releasor ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Releasor's employment with or separation from employment with the Releasees, any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties,severance or other compensation,or any claims arising under any contracts,express or implied, or any tort, including, without limitation, intentional infliction of emotional distress, harassment, discrimination, including any claim under the Age Discrimination in Employment Act,retaliation, interference, defamation,fraud and breach of duty,or any legal restrictions on the Releasees' right to terminate Releasor, and any federal, state or other governmental common law, statute, regulation or ordinance, through the date Releasor signs this Agreement. Notwithstanding this full and complete general release of all claims and damages, nothing herein is intended to waive any rights or claims to vested benefits in any City-sponsored retirement and/or deferred compensation plan. Nor is this release intended to waive Releasor's insurance coverage and/or payment for medical claims for medical services submitted through the Releasees' health insurance plans prior to Releasor's execution of this Agreement or her right to continuation of health insurance coverage as allowed by law or Releasor's rights to any rights to indemnification under the Releasees' policies and procedures if anyone pursues a claim against Releasor in her official capacity as an employee, representative or agent of the City. Should any Releasee bring a claim against Releasor, Releasor's release as to that specific individual is null and void and Employee may pursue any such claims against that individual- l Page 1 of 3 KM V --- in their individual capacity. In consideration of the promises made by Releasor in this Agreement, the City, and its employees,Commissioners,insurers,insureds,successors,privies,assigns,agents,attorneys or representatives,including all current and former members of the foregoing groups,in their official capacity as to each,("City Releasors")knowingly and voluntarily release and forever discharge Releasor of and from any and all claims, known and unknown, anticipated and unanticipated, asserted and unasserted, which City Releasors have or may have against Releasor as of the date of execution of this Agreement, including, but not limited to, any alleged violation of any federal, state or local law, rule, regulation or ordinance; any public policy, contract, tort, or common law; or any basis for recovering costs, fees, or other expenses including attorneys' fees incurred in this matter. 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 Releasees, and that said Releasees deny liability and, therefore, intend merely to avoid unnecessary and costly litigation. The Releasor and City Releasors freely and voluntarily execute 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 Releasees 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 Releasees 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. 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. This Release, the Conditional Settlement Agreement between Employee and Employer,and the Separation Agreement and Release contain the entire understanding and agreement between the Parties and shall not be modified or superseded, except upon express written consent of the Parties to this Agreement. This Release shall become effective on the next business day following the City Commission's approval of this Conditional Settlement Agreement and the General Release, and the eighth day after Employee signs this agreement, unless Employee revokes it ("Effective Date"). Page 2 of 3 KM V1A._ RELEASOR HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. 91The undersigned hereby set her hand and seal this le day of Lliv\kl.elc , 2024. wita1M. INN KATHRYN M OS, ' ' LEASOR STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of i'physical presence or_ online notarization this ) day of , 2024, by KATHRYN MATOS, who is personally known to me or who has produced `C;/lj„ . A di‘ /C4--i. as Identification. P Y P ( /� My Commission Expires:(4//4%/..)3 f 7G_ Notary Public I c,,A pk.( Victoria Mason Commission ii'HH 515455 Commission Expires 04-14.2028 ° Bonded Through Cynanotary �ocF..9 Florida-Notary Public i CITY OF BOYNTON BEACH By: f • �c p,C.H '�\\`, Ty ayor r gyp\-\ ro'•. !s///4: Z`f $`:tee �O ;a.fIi Date >'- .. � O (�) ••0 ; a . o -. :Oi �1�O ? .•'-J Approved as to form by I. 1/�" Office of the City .. Atto ey dif1/7 j. 9Y;/17 Signature-Shawna G. Lamb Page 3 of 3 KM