R24-248 1 RESOLUTION NO. R24-248
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE RELEASE OF CLAIM AND
5 INDEMNIFICATION AGREEMENT IN THE MATTER OF JOEY ALCIN V.
6 CITY OF BOYNTON BEACH, TRISTAR CLAIM #21855649; IN THE
7 FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY,
8 FLORIDA, CASE NO. 50-2023-CA-009620-XXXX-MB, IN THE AMOUNT
9 OF $85,000.00; PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER
10 PURPOSES.
11
12 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, requires
13 settlement of all claims in excess of $50,000 to be approved by the City Commission; and
14 WHEREAS, Joey Alcin ("Plaintiff") filed a civil action stemming from an auto accident with
15 a City vehicle that occurred on or about May 23, 2021, to wit: Tristar Claim #21855649; Fifteenth
16 Judicial Circuit, In and For Palm Beach County, Florida, Case No. 50-2023-CA-009620-XXXX-MB,
17 Joey Alcin v. City of Boynton Beach, and
18 WHEREAS, a Release of Claim and Indemnification Agreement was reached with the
19 Plaintiff for a total amount of $85,000.00 in exchange for a general release of all claims, including
20 all attorney's fees and costs; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
22 the best interest of the citizens and residents of the City of Boynton to approve the
23 Indemnification Agreement and Release in the matter of Tristar Claim #21855649; Fifteenth
24 Judicial Circuit, In and For Palm Beach County, Florida, Case No. 50-2023-CA-009620-XXXX-MB,
25 Joey Alcin v. City of Boynton Beach, totaling $85,000.00, of which the City is responsible for
26 $54,786.38.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
28 BEACH, FLORIDA, THAT:
29 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 SECTION 2. The City Commission of the City of Boynton Beach hereby approves the
33 Indemnification Agreement and Release in the amount of $85,000.00 in connection with Tristar
34 Claim #21855649; Fifteenth Judicial Circuit, In and For Palm Beach County, Florida, Case No. 50-
35 2023-CA-009620-XXXX-MB, JoeyAlcin v. City of Boynton Beach, attached as "Exhibit A."
36 SECTION 3. The fully executed Indemnification Agreement and Release, and Final Order
37 Approving Settlement shall be retained by the City Clerk as a public record of the City.
38 SECTION 4. This Resolution shall take effect as provided by law.
39
40 PASSED AND ADOPTED this day of October 2024.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43 Mayor- Ty Penserga
44
45 Vice Mayor -Aimee Kelley
46
47 Commissioner-Angela Cruz
48
49 Commissioner- Woodrow L. Hay ✓
50
51 Commissioner- Thomas TurkinS
52 ^
53 VOTE c—�i, w)
54 A
Ip /L zoty
56 Maylee le :sus, MPA, MC T
57 City Clerk Ma •r
58
NSON e1%\ APPROVED AS TO FORM:
59 - O•QPRATE F'CI ,
% 14/4
61 (Corporate Seal) , �-; � �Eo? $ XJ'/G'aui
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62 QpFt
coRp�20 f Shawna G. Lamb
63 �It� .e•..... �P : City Attorney
RELEASE OF CLAIM
AND INDEMNIFICATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That JOEY ALCIN hereinafter referred to as "first party", for and in consideration of the
sum of EIGHTY-FIVE THOUSAND DOLLARS AND NO/CENTS ($85,000.00) or other
valuable consideration, received from or on behalf of the CITY OF BOYNTON BEACH,
TRISTAR RISK MANAGEMENT, FLORIDA LEAGUE OF CITIES, and FLORIDA
MUNICIPAL INSURANCE TRUST, hereinafter referred to as "second parties", the receipt
whereof is hereby acknowledged.
HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said
second parties, their agents, servants, employees, and insurers, of and from all, and all manner of
action and actions,cause or causes of action,suits, attorneys'fees and costs,specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, judgments,
executions, claims and demands whatsoever, in law or in equity, which said first party ever had,
now has,or which any personal representative,successor,heir or assign of said first party,hereafter
can, shall or may have, against said second parties, for, upon or by reason of any matter, cause or
thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about May 23,
2021, Crossings of Boynton Beach, 36 N. Crossings Circle, Boynton Beach, Palm Beach
County, Florida, and to any cause of action raised in, or that could have been raised in,or arising
out of the filing and prosecution of the litigation described as Joey Alcin v. City of Boynton Beach,
Case No. 50-2023-CA-009620-XXXX-MB
I represent that all medical bills, hospital bills, disability and wage losses, including any
subrogation rights or liens for the payment of same by any third party, including any Medicare,
Medicaid, hospital, or workers' compensation liens, as well as any claim for reimbursement or
subrogation, which arose out of the subject incident sued upon in the aforementioned litigation
have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY
UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands,
subrogation rights or liens that may be asserted against the second parties for the above mentioned
expenses or losses of the first party.
It is understood and agreed to by the parties that this settlement is a compromise of a
doubtful and disputed claim and the payment is not to be construed as an admission of liability on
the part of the second parties, by whom liability is expressly denied.
1 have carefully read the Release of Claim and understand its teens, operation, and effect.
INSWITNESS WHEREOF,I have hereunto set my hand and seal this C� vmeday
of , 2024.
Release of Claim
and Indemnification Agreement
Page 2
Signed, sealed and delivered in the presence of:
/44--
JOEY ALCIN WIN S
STATE OF FitiYi( � )
)SS Pahn
COUNTY OF bo� )
The foregoing instrument was acknowledged before me by means of "hysical
presence or p online notarization, this day of *042)---
, 2024, by
NJat y in
who is Qersonally know to me, or who has produced
as identification.
Nota '`ub i� e of Florida at Large
Printed ame:
Notary Public State of Florida I
David M Gasparl
• My Commission HH 35013B 1
(NOTARY SEAL) 1111 Expires 2128!2027
My commission expires:
This Instrument Prepared By:
CHRISTOPHER J. STEARNS, ESQ.
Johnson,Anseltno,Murdoch,
Burke, Piper&Hochman,P.A.
2455 East Sunrise Blvd., Suite 1000
Fort Lauderdale, FL 33304
Telephone: (954)463-0100
Fla. Bar No. 557870