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R25-037 1 RESOLUTION NO. R25-037 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, APPROVING THE CONDITIONAL 5 SETTLEMENT AGREEMENTS AND RELEASES OF CLAIM 6 NUMBERS 0636004 AND 06370097; PROVIDING AN EFFECTIVE 7 DATE; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides 10 that the authority for settlement of all claims in excess of $50,000 shall require approval of the 11 City Commission by formal resolution; and 12 WHEREAS, the Claimant brought two workers' compensation claims for damages 13 stemming from incidents on October 23, 2022, and on September 21, 2024, both of which 14 occurred within the course and scope of his employment, to wit: Claim Numbers 0636004 and 15 06370097; and 16 WHEREAS, A Conditional Settlement Agreement and Release was reached with 17 Claimant in the total amount of $200,000 in exchange for general release of all claims for past 18 and future benefits, including attorney's fees and costs; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be 20 in the best interests of the citizens and residents of the City of Boynton Beach to approve the 21 Conditional Settlement Agreement and Release of Claim Numbers 0636004 and 06370097 22 totaling $200,000. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON 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 Conditional Settlement 29 Agreements and Releases totaling $200,000 in connection with Claim Numbers 0636004 and 4 30 06370097, attached as "Exhibit A" and "Exhibit B," respectively. 31 SECTION 3. The City Attorney shall forward the Final Order Approving Settlement 32 to the Clerk once approved by the Judge of Compensation Claims. 4 33 SECTION 4. The fully executed Conditional Settlement Agreements and Releases, 34 and Final Order Approving Settlement shall be retained by the City Clerk as public records of 35 the City. 36 SECTION 5. This Resolution shall become effective as provided by law. 37 PASSED AND ADOPTED this 14441 day of February 2025. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor–Ty Penserga 43 44 Vice Mayor–Aimee Kelley 45 46 Commissioner–Angela Cruz 47 � 48 Commissioner–Woodrow L. Hay 49 50 Commissioner–Thomas Turkin 51 52 VOTE c- 53 53 54 ATTEST- 55 , (fl - 57 ire 47----- l 'toter 58 Maylee De J- MPA, M T - - •a 59 City Clerk May• 60 61 . APPROVED AS TO FORM: � g 62 (Corporate Seal) 4i 0YNT0 63 USO 64 GORP�RRTF••�t� SEAL $ Aaln,, j, a Vdlle 65 ; UVCORPORATEOi Shawna G. Lamb 66 �� \ 1920 : ; City Attorney Exhibit A CONTINGENT SETTLEMENT AGREEMENT AND RELEASE Employee/Claimant: OJCC Case No. 23-029661 KAH Employer: City of Boynton Beach Claim No. 06360004 100 East Ocean Avenue Boynton Beach, FL 33435 Carrier/Servicing Agent: Commercial Risk Management, Inc. Date of Accident: 10/23/2022 P.O. Box 18366 Tampa, FL 33679 THIS AGREEMENT, subject to the terms and conditions as set forth below, is intended to be a complete, entire and final release and waiver of any and all rights, to any and all benefits, past, present and future, that the Employee/Claimant, Aaron Kromrey, is, or may be, entitled to under Chapter 440, Florida Statutes, (as more fully set forth below), and any other actions, claims, demands, or causes of actions, whatsoever, that the Employee/Claimant may have against the Employer, City of Boynton Beach, and the Carrier/Servicing Agent, Commercial Risk Management, Inc., hereinafter, Employer/Carrier/Servicing Agent. This agreement is contingent on and subject to approval of the Boynton Beach City Commission. I. TERMS OF WORKERS' COMPENSATION SETTLEMENT AGREEMENT AND RELEASE PURSUANT TO 440.201111{cM& 1e1(20131: A. TOTAL SETTLEMENT AMOUNT: The Employer/Carrier/Servicing Agent will pay to the Employee/Claimant, in a lump sum, the amount of $199,900.00, plus an additional $100.00 as consideration OJCC#: 23-029661 KAH Page 1 of 13 for a general release in favor of the Employer, payment of which will be issued within thirty (30) days from the date of Certificate of Service on the Order approving the Motion for Approval of Attorney's Fee and Allocation of Child Support Arrearage for Settlement under Section 440.20(11)(c)(d) & (e). It is understood and agreed by the parties that the terms of this agreement are binding and fully enforceable. B. ALL BENEFITS RESOLVED: Payment of the aforementioned lump sum is in full satisfaction of the obligation or liability of the Employer/Carrier/Servicing Agent to pay any benefits of whatever kind or classification available under the Florida Workers' Compensation Law, including, but not limited to, temporary total and temporary partial disability benefits, impairment benefits, permanent total disability benefits, permanent total supplemental benefits, supplemental benefits, wage loss benefits, rehabilitative temporary total disability benefits, vocational benefits, required to be provided by the Employer, death benefits, attorney's fees, past, present and future medical benefits, attendant care, prescriptions, orthotics, prosthetics, transportation, or any other benefits contemplated under Florida Statute 440 relating to any and all injuries or occupational diseases arising on account of or in connection with accidents, occurrences, incidents, exposures, or events, which took place on or about 10/23/2022, 08/20/2024, and 9/21/2024. For the avoidance of doubt, this agreement applies to any and all injuries or occupational diseases the Employee/Claimant suffered or developed during the course of his employment with the Employer. The Employee/Claimant acknowledges by his signature below, that upon payment of the consideration referenced in paragraph I.A. herein, he waives all entitlement to any and all further Workers' Compensation benefits and that the Employer/Carrier/Servicing Agent will be fully and forever discharged and released from the obligation or liability to pay any and all benefits of whatever kind or classification payable under the Florida Workers' Compensation Law. The Employee/Claimant stipulates, and the parties agree, that this Settlement Agreement and Release shall constitute an election of remedies by the Employee/Claimant with respect to the Employer/Carrier/Servicing Agent herein. As a result of accepting the above referenced sum, the Employee/Claimant relinquishes all rights for recovery for negligence, intentional torts, employer liability under workers' compensation law, bodily injury and any other potential claims arising under the workers' OJCC#: 23-029661 KAH Page 2 of 13 I compensation law and employers' liability policy (including, but not limited, Part II/Coverage B). The undersigned Employee/Claimant accepts and assumes all risk, chance, or hazard that said injuries, damages, manifestations or losses are now or may become greater, more numerous or more extensive than is now know, anticipated or expected; and the undersigned Employee/Claimant agrees that this release applies to all injuries, damages, manifestations or losses of every kind and character which have arisen, or which may hereafter arise, even though now unknown, unanticipated or unexpected. The undersigned Employee/Claimant hereby acknowledges full responsibility for all future medical benefits. C. ATTORNEYS FEES: 1. FEES/COSTS PAID BY THE EMPLOYEE/CLAIMANT: The Employee/Claimant will pay to his attorneys the sum of$49,975.00, out of the above settlement. The attorney fee shall be allocated as follows: $37,481.25 to his current attorney, Tonya Oliver, Esq., and 12,493.75 to his prior attorney, Lyle Masnikoff, Esq. Additionally, the Employee/Claimant shall pay the sum of $100.00 in costs to his current attorney, and the sum of$405.87 in costs to his prior attorney. The fee and non- taxable costs shall be paid from the settlement proceeds, thereby making the net settlement amount$149,519.13. D. CHILD SUPPORT ARREARAGE: The Employee/Claimant agrees that, if there is any outstanding child support, it shall be deducted from the Employee/Claimant's net settlement proceeds pursuant to the Motion for Attorney Fee Approval and Child Support Allocation. Any payments to child support shall be made by the Claimant's Counsel from the Employee/Claimant's net settlement proceeds. The Employer/Carrier/Servicing Agent shall in no way be responsible for any child support owed by the Employee/Claimant. The Employee/Claimant also stipulates and agrees that the Employer/Carrier/Servicing Agent shall be indemnified and held harmless against any action brought by any third party for payment of child support arrearage. OJCC#: 23-029661 KAH Page 3 of 13 E. THIRD PARTY LIENS The Employer/Carrier/Servicing Agent does not waive any lien rights pursuant to Florida Statute 440.39 and the lump sum benefits paid herein shall be included in the amount thereof. The Employee/Claimant agrees to give written notification to the Employer/Carrier/Servicing Agent or their attorney as to the filing of any suit against third parties arising out of the accident or injuries giving rise to this claim and to advise as to any recovery received from third parties arising out of the accident or injuries which are the subject matter of this claim. The Employee/Claimant further agrees that no proceeds from any third-party claim shall be disbursed prior to satisfaction of the Employer/Carrier/Servicing Agent's lien. H. STIPULATED FACTS: A. MEDICAL CARE: The Employee/Claimant understands and acknowledges that the Employer/Carrier/Servicing Agent will continue to pay for the Employee's care through the date the Boynton Beach City Commission approves the settlement agreement; however, this only covers care from authorized providers for conditions related to the industrial accident. Medical bills payable under this provision will be paid pursuant to fee schedule once submitted upon proper forms. In addition, the Employer/Carrier/Servicing Agent agrees to reimburse the Employee/Claimant up to $6,000.00 for any receipts or co-payments for treatment related to his industrial accidents or occupational diseases. B. INDEMNITY BENEFITS: The Employee/Claimant acknowledges that the Employer/Carrier/Servicing Agent will continue to pay indemnity (a) at the current rate for up to thirty days following approval of the agreement by the Boynton Beach City Commission or (b) until the date the Judge of Compensation Claims approves the Order on attorney's fees, whichever comes first. OJCC#: 23-029661 KAH Page 4 of 13 III. SPECIFIC WAIVERS AND REPRESENTATIONS: A. WAIVER OF RIGHT TO HAVE CASE HEARD BY JUDGE OF COMPENSATION CLAIMS AND RIGHT TO BRING PETITION FOR MODIFICATION: The Employee/Claimant understands that he does hereby relinquish the right to have any unresolved conflicts or disputes involving the right to monetary compensation benefits, impairment benefits, death benefits, attorney's fees, past due medical benefits, future medical benefits, and rehabilitation benefits heard and decided by the Judge of Compensation Claims. The Employee/Claimant also understands that this Settlement Agreement and Release shall not be reviewed by the Judge of Compensation Claims in accordance with Florida Statute section 440.20(11)(c). In addition, the Employee/Claimant also understands that the Order approving the Motion for Approval of Attorney's Fee and Allocation of Child Support Arrearage for Settlement under Section 440.20(11)(c)(d) & (e) is not an award under the Florida Workers' Compensation Act and is not subject to modification or review. B. WAIVER OF PENALTIES AND INTEREST: The Employee/Claimant does hereby waive any right he may have to any and all penalties and/or interest on account of the alleged accident or occupational disease referenced herein. C. RIGHT TO FUTURE MEDICAL CARE CLOSED: As provided under Florida Statutes section 440.20(11)(c), the lump sum payable herein will fully discharge and satisfy the Employer/Carrier/Servicing Agent's liability and the Managed Care provider's liability, to provide future remedial and palliative medical care under Florida Statute section 440.13 and 440.134, including, but not limited to, follow up examinations, pain medication, diagnostic testing, attendant care, and surgery. The Employer/Carrier/Servicing Agent and the Managed Care Provider shall no longer be liable for any medical benefits resulting from the alleged accident or occupational disease referenced herein. Any further/future medical expenses will be the sole responsibility of the Employee/claimant. The Employee/Claimant agrees to notify his treating physicians' that he is now atone fully fnancially responsible for any and all medical care and treatment. I OJCC#: 23-029661 KAH Page 5 of 13 a The Employee/Claimant has considered or had the opportunity to consider any and all reports submitted by medical providers and rehabilitation providers. In addition, the Employee/Claimant has consulted with or had the opportunity to consult with medical providers and rehabilitation providers. The Employee/Claimant stipulates and agrees that he has determined that the amount of money being proposed to settle medical care and treatment is reasonable and adequate to meet the Employee/Claimant's future medical needs, in connection with the accident, occurrence, incident, exposure or event, which took place on or about 10/23/2022. D. ALL KNOWN ACCIDENTS, INJURIES AND OCCUPATIONAL DISEASES REVEALED AND ALL PENDING CLAIMS AND/OR PETITIONS FOR BENEFITS WITHDRAWN AND/OR ACTIONS WAIVED: The Employee/Claimant represents and affirms that all accidents, injuries, and occupational diseases known to have occurred or sustained while employed by City of Boynton Beach, have been revealed to the Employer/Carrier/Servicing Agent. All pending Claims/Petitions for Benefits are hereby voluntarily withdrawn and dismissed, with prejudice. It is stipulated and agreed that no accidental injuries or occupational diseases other than that specifically mentioned herein have been sustained, while the Employee/Claimant was employed at City of Boynton Beach. This settlement represents a settlement of any and all claims or actions that may arise from the accident referenced herein and any claims or actions that may have arisen out of the Employee/Claimant's employment with City of Boynton Beach, whether reported or unreported. As part of this settlement, the Employee/Claimant further specifically agrees to release and discharge the Employer, City of Boynton Beach, its officers, agents, servants, employees, directors, successors, assigns, and any other person or entity so connected to the Employer, of any and all claims relating to retaliatory discharge under section 440.205, Florida statutes. In addition, as further consideration for such payment, the Employee/Claimant agrees and does hereby release, discharge, and surrender any and all claims, whether or not asserted, against the Employer, City of Boynton Beach, or its Servicing Agent, or any of their officers, agents, servants, employees, directors, OJCC#: 23-029661 KAH Page 6 of 13 successors, assigns, and any other person or entity so connected to the Employer and/or Servicing Agent, of any nature whatsoever, without limitations thereof. E. EMPLOYER/CARRIER/SERVICING AGENT'S PAYMENT OF PAST MEDICAL BILLS: The Employer/Carrier/Servicing Agent agrees to pay, in accordance with the Workers' Compensation Fee Schedule, any bills for treatment causally related to the work accident or occupational disease, from authorized health care providers/facilities, for dates of service as outlined above. The Employer/Carrier/Servicing Agent will pay for such services upon receipt of the authorized treating physician's bills, submitted upon proper form. The Employer/Carrier/Servicing Agent does not agree to pay any bills from unauthorized health care providers/facilities and the Employee/Claimant stipulates and agrees that he is solely responsible for resolving and satisfying any liens or attachments filed by any such health care provider/facility that was not authorized by the Employer/Carrier/Servicing Agent. The Employee/Claimant also stipulates and agrees that he is not aware of any liens or attachments, filed by any health care provider/facility not authorized by the Employer/Carrier/Servicing Agent. Moreover, the Employee/Claimant stipulates and agrees that the Employer/Carrier/Servicing Agent shall be indemnified and held harmless, against any action brought by any third party for payment of past medical bills for medical treatment not authorized by the Employer/Carrier/Servicing Agent. The Employee/Claimant stipulates and agrees that he is not aware of any liens or attachments, filed by any health care provider/facility or Medicare, including Medicare Advantage Organizations, its assignees, and/or its subcontractors, or Medicaid not authorized by the Employer/Carrier/Servicing Agent. Moreover, the Employee/Claimant stipulates and agrees that the Employer/Carrier/Servicing Agent shall be indemnified and held harmless against any action brought by any third party for payment of past medical bills for medical treatment not authorized by the Employer/Carrier/Servicing Agent. The Employee/Claimant shall be responsible for any Medicare, including Medicare Advantage Organizations, its assignees, and/ or its subcontractors, or Medicaid liens. OJCC#: 23-029661 KAH Page 7 of 13 F. FULL AND COMPLETE KNOWLEDGE: The Employee/Claimant acknowledges that he has full and complete knowledge of all pertinent and material facts in the instant claim and it is his desire to settle this claim, fully and finally, consistent with and under the provisions of Section 440.20 of the Florida Statutes. The Employee/Claimant has entered into this agreement after full discussion and consideration of the matter and with full knowledge of the reports and opinions of the Employee/Claimant's treating physicians and rehabilitation counselors, as well as the Employee/Claimant's own estimate of his physical condition. The Employee/Claimant further represents that his rights under the Florida Workers' Compensation Law have been explained to his satisfaction and that he made independent inquiry concerning the reasonableness of the settlement and medical and disability status or has waived the opportunity to do so. The Employee/Claimant understands that if this case were not settled, the Employee/Claimant would have a period of time following the date of last payment of compensation or furnishing of medical care in which to make a further claim against the Employer/Carrier/Servicing Agent herein because of injuries suffered in this accident. The Employee/Claimant feels it is advantageous and in his best interest to terminate this litigation and accept the settlement agreed to hereunder in full and final adjudication and settlement of this claim to compensation and medical benefits. The Employee/Claimant understands that the Employer/Carrier/Servicing Agent also waives substantial rights in settling this claim. The Employee/Claimant also understands that if he initiates legal proceedings pertaining to this Settlement Agreement and Release, after the Judge of Compensation Claims approves that Motion for Approval of Attorney's Fees and Allocation of Child Support Arrearage for settlement under Section 440.20(11)(c)(d) & (e), the Employee/Claimant shall be liable to the Employer/Carrier/Servicing Agent for all its' expenses, including reasonable attorney's fees incurred during the proceeding. As a further consideration and inducement for this compromise settlement, the undersigned Employee/Claimant agrees to indemnify, protect, and hold harmless all the parties named in this Settlement Agreement and Release and all other persons, firms, and corporations whomsoever, from all judgments, costs, attorney's fees and expenses whatsoever arising on account of any action, claim or demand including but not limited to the following: all claims for subrogation, workers' compensation liens, bills and any and all claims under any Federal, State or local income disability act; any claim under the OJCC#: 23-029661 KAH Page 8 of 13 Americans with Disabilities Act; any other public programs providing medical expenses, disability payments or other similar benefits; any and all claims under Medicaid, Medicare, including Medicare Advantage Organizations, its assignees, and/ or its subcontractors; any and all claims for reimbursement or subrogation under any group medical policy, individual medical policy or any health maintenance organization; any and all claims for reimbursement or subrogation under any health, sickness, or income disability insurance, automobile accident insurance, and any other similar insurance that provides health benefits or income disability coverage; any and all claims for reimbursement or subrogation under any contract or agreement with any group, organization, partnership or corporation which provides for the payment or reimbursement of medical expenses or wages during the period of disability; and any and all actions, claims, demands whatsoever of any type or nature which may hereafter be brought or asserted against the parties named in this Settlement Agreement and Release, on account of any injury, loss or damage resulting from the accident, occurrence, incident or event aforesaid. The undersigned Employee/Claimant warrants that no promise or inducement not herein expressed has been made; that in executing this Release the undersigned Employee/Claimant is not relying upon any statement or representation made by any person,firm or corporation hereby released or any agent, physician or doctor or other person representing them or any of them concerning the nature, extent or duration of the injuries, losses or damages here involved or the legal liability therefore, or concerning any other thing or matter; that the payment of the above-mentioned sum is in compromise and in full satisfaction of the aforesaid actions, claims and demands whatsoever; that the undersigned Employee/Claimant is over the age of twenty-one (21) years and legally competent to execute this Settlement Agreement and Release and that the undersigned Employee/Claimant is fully informed of the contents of this Settlement Agreement and Release and signs it with full knowledge of its meaning. G. VOLUNTARY SETTLEMENT: The Employee/Claimant understands that he, like the Employer/Carrier/Servicing Agent, does not have to settle and is doing so freely, voluntarily and with no duress or coercion from anyone. The Employee/Claimant also affirms that he is mentally competent and understands all of the terms of this agreement and the consequences therefrom and further has had advice of counsel, with whom the Employee/Claimant is satisfied. The Employee/Claimant further understands that he has OJCC#: 23-029661 KAH Page 9 of 13 the right to take any claims/petition for any Workers' Compensation benefits to a hearing to have said claim/petition heard by a Judge of Compensation Claims and that by settling, gives up that right permanently. The Employee/Claimant represents that he has read this Settlement Agreement and Release and hereby acknowledges that he understands and accepts all of the terms and conditions herein and that he has done so with the advice of counsel. H. MEDICARE CONSIDERATIONS: Pursuant to Federal Regulations, and in accordance with internal guidelines issued by the Centers for Medicare and Medicaid Services ("CMS"), Medicare's interests must be considered in a workers' compensation settlement where a claimant is already a Medicare beneficiary and the total settlement amount is greater than $25,000.00; or in such cases wherein there is a reasonable expectation that the claimant will be eligible to receive Medicare benefits within thirty (30) months of the settlement date and the anticipated total settlement amount is expected to be $250,000.00 or greater. In the present matter, there is no reasonable evidence that the Employee/Claimant is currently a Medicare beneficiary or will become a Medicare beneficiary, including a beneficiary of a Medicare Advantage Plan, prior to the effective date of this Settlement Agreement and Release. Specifically, the Employee/Claimant affirms and states that the Employee/Claimant is not current receiving any Medicare benefits, including benefits under a Medicare Advantage Plan, will not become a Medicare beneficiary prior to the effective date of this Settlement Agreement and Release, and the settlement is under $250,000.00. In addition, the Employer/Carrier/Servicing Agent have received no notice from Medicare, including Medicare Advantage Organizations ("MAOs"), their assignees, and/ or their subcontractors, CMS or any other third party that the Employee/Claimant is a Medicare beneficiary, including a beneficiary of Medicare Advantage Plan, or will become a Medicare beneficiary prior to the effective date of this Settlement Agreement and Release. The parties have not considered the receipt of any Medicare, including MAOs, their assignees, and/ or their subcontractors, or Medicaid assistance for the purpose of an alternative means of medical recovery pursuant to negotiations. The settlement reached herein has been based upon the full anticipated value of future workers' compensation indemnity and medical benefits exposure offset by future OJCC#: 23-029661 KAH Page 10 of 13 uncertainty as to the nature and extent of the Employee/Claimant's entitlement to these benefits, and available statutory defenses. In the event of Medicare, including MAOs, their assignees, and/ or their subcontractors, or CMS make a claim for past or future Medicare benefits, Medicare Advantage Plan benefits, Medicaid asserts a lien, or there are any child support liens, arrearages, orders, obligations or claims, on any part of this settlement, the Employee/Claimant agrees to fully and completely indemnify, defend and hold harmless the Employer/Carrier/Servicing Agent against any resulting obligation, claim, penalty, fine, or lien. The Employee/Claimant expressly agrees to accept full liability for any prior attorney liens for representation or benefits acquired for the Employee/Claimant in relation to the industrial accident(s) and the Employee/Claimant's counsel agrees to hold settlement proceeds in trust until any prior attorney lien, if any, is resolved. The Employee/Claimant acknowledges that the Employee/Claimant has not relied on any representations, advice or counsel of the Employer/Carrier/Servicing Agent, their attorneys, agents or adjusters regarding the Employee/Claimant's entitlement to Social Security, Medicare, Medicare Advantage Plan, or Medicaid benefits or the impact the terms of this Settlement Agreement and Release may have on such benefits. The Employee/Claimant further acknowledges that any decision regarding entitlement to Social Security, Medicare, Medicare Advantage Plan, or Medicaid benefits, including the amount and duration of payments and offset or reimbursement for prior or future payments is exclusively within the jurisdiction of the Social Security Administration, The United States Government, and the United States Federal courts and is determined by Federal Law. As such, the United States Government is not bound by all the terms of this agreement.The Employee/Claimant has been advised of his right to seek assistance from legal counsel of his choosing or directly from the Social Security Administration or other governmental agencies regarding the impact this agreement may have on the Employee/Claimant's present or future entitlement to Social Security, Medicare, Medicare Advantage Plan, Medicaid, or other governmental benefits. Notwithstanding the foregoing, the Employee/Claimant desires to enter into the terms of this Agreement and release of claims. OJCC#: 23-029661 KAH Page 11 of 13 Thi, Settlement Agreement and Rel sale *da signed by the Employee/Claimant on this 19 day of %J 202 and by the attorneyfor the Employee/Claimant on this i"T day of dr- 202:5_, r- 20 , , and by the attorney for the Eretoyer/Carrier/Servicing Agent on --thisday of__I,/,'.7 ../-"-../ LL 20,E 5 . ill ron omrey, imant '' '�%rver, Esquire l Attar L y for Employee/Claimant Ms. i onya Oliver Oliver& Fox, P.A. 13031 West Linebaugh Ave , Suite 102 Tampa, FL 33626 813-375-9400 Alison J. Schefer Alison J. Schefer, Esquire Attorneys for Employer/Camer/Servicing Agent SCHEFER PETRIC & SIMPSON 1645 Palm Beach Lakes Blvd Suite 350 West Palm Beach, FL 33401 561-537-eu4u OJCC#:23-029661 KAH Pago 12 of 13 IS 1 i 5c 1 STAT F OF Ft-Agt4pA I , 1 COUNTY OF Pi‘1 i.„-i _ The foregoing instrument was acknowledged before me by means of '.'fi physical presence or I I online notarization, this . S F day of D[ 20.1 5 by Aaron Kromrey, E._ 1 who is personally known to me or f f ) who has produced 1 DL as identification SWORN TO AND SUBSCRIBED bi.fore me, by means of Y physical presence or till .. t'::}Irl•:' n^vi.^,fiza►:v r.. 1 9__liar of d! LV') i -, ..----;: 1' 'Aaron •mrey t r NOTARY PUBLIC. State of FleII e 6 My Commission Expires: /1 r -/¢— 2c.�rci (Print, Type or Stamp Commissioned Name of Notary Public) s1TUHE SADIKU Notary r;t;4c !, r SOutn C.ass'ata OJCC No 23-029661 KAH Paye 13 of 13 Exhibit B CONTINGENT CONFIDENTIAL SEPARATION AGREEMENT AND GENERAL RELEASE This Confidential Separation Agreement and General Release("Agreement") is entered into by and between Aaron Kromrey("EMPLOYEE") and City of Boynton Beach(the "EMPLOYER"). WHEREAS, EMPLOYEE was employed by the EMPLOYER as a police officer; WHEREAS, EMPLOYEE medically separated from his employment with the EMPLOYER, effective October 25, 2024; WHEREAS, the parties wish to enter into a Confidential Separation Agreement and General Release memorializing the terms of EMPLOYEE's separation. NOW, THEREFORE, in consideration of their mutual promises and other good and valuable consideration, EMPLOYEE and the EMPLOYER, intending to be legally bound, agree to the following: 1. Separation of Employment. Effective October 25, 2024 ("Separation Date"), EMPLOYEE medically separated from his employment with the EMPLOYER, due to his work- related injuries and inability to perform his job duties as a law enforcement officer due to such injuries. 2. Full and General Waiver of All Rishts and Claims. EMPLOYEE hereby knowingly and voluntarily releases, waives, and forever discharges any and all claims, rights, demands, actions, or causes of actions, of any kind whatsoever, known or unknown, foreseen or unforeseen, foreseeable or unforeseeable, and any consequences thereof, which EMPLOYEE has or may have against the EMPLOYER (including but not limited to, its current and former members, shareholders, partners, attorneys, employees, agents, affiliates, successors and assigns) from the beginning of the world until the date of execution of this Agreement, including, but not limited to, any claim(s)under: • Title VII of the Civil Rights Act of 1964; • The Civil Rights Act of 1991; • The Florida Civil Rights Act of 1992; • Sections 1981 through 1988 of Title 42 of the United States Code; • The Constitutions of the United States and the State of Florida; • The Age Discrimination in Employment Act; • The Older Workers Benefit Protection Act; • Florida Wage and Hour laws; • Florida and federal whistle-blower laws, including § 112.3187, Florida Statutes; • The Internal Revenue Code; • The Rehabilitation Act; • The Consolidated Omnibus Budget Reconciliation Act; • The Immigration Reform and Control Act of 1986; • The Americans with Disabilities Act of 1990; Page 1 of 7 • The Fair Labor Standards Act; • The Equal Pay Act of 1963; • The Family and Medical Leave Act of 1993; or • The Families First Coronavirus Response Act; or • Any other federal, state, or local civil or human rights law or any other federal, state, or local law,regulation,or ordinance. EMPLOYEE also acknowledges and agrees that this release and waiver bars any claim or demand for unpaid wages, damages, costs, fees, or other expenses, including attorneys' fees, incurred in connection with EMPLOYEE's employment with the EMPLOYER, EMPLOYEE's resignation from that employment, or with any of the above-referenced claims. EMPLOYEE has reported all hours worked for the EMPLOYER and stipulates he has been paid for all hours or other increments of time during he employment with the EMPLOYER EMPLOYEE understands and agrees that with respect to the claims EMPLOYEE is waiving in this Agreement,EMPLOYEE is waiving not only the right to recover money or other relief in any action EMPLOYEE might institute, but also that EMPLOYEE is waiving any right to recover money or any other relief whatsoever in any action that might be brought on EMPLOYEE's behalf by any other person or entity,including but not limited to,the United States Equal Employment Opportunity Commission or any other federal, state or local government agency or department. EMPLOYEE understands that the foregoing list of causes of action, which have been waived, is meant to be illustrative rather than exhaustive, and understands and acknowledges that EMPLOYEE is waiving and releasing the EMPLOYER from any and all causes of action of any nature whatsoever. It is EMPLOYEE's intention to fully, finally and forever resolve and release any and all disputes EMPLOYEE may have or believe to have against the EMPLOYER with respect to any alleged acts occurring before the Effective Date of this Agreement, whether those disputes presently are known or unknown, suspected or unsuspected. EMPLOYEE retains all vested benefits in accordance with his longevity of service as any other similarly situated retiree. EMPLOYEE's service-connected pension application is currently pending. He understands that should he be awarded workers compensation benefits/settlement, service-connected pension, and potentially Social Security Disability benefits,his pension benefit may be reduced to the extent that the total of the benefit from the pension plan, workers compensation,and SSDI exceeds 100%of his basic earning as of the date of disability. In no event shall the benefit/offset be reduced below 42%of the Average Final Compensation. 3. Waiver of Employment and Agreement Not to Reapply for Employment EMPLOYEE stipulates and agrees this Agreement memorializes his separation from employment with City of Boynton Beach, which was for reasons unrelated to his pursuing workers compensation benefits. Claimant hereby waives any right to reinstatement or reemployment and agrees not to apply for,solicit,seek,or otherwise attempt to obtain employment with or volunteer with the EMPLOYER or any of its related entities and further agrees that EMPLOYER is not or will not be at any time under any obligation to employ him. EMPLOYEE further stipulates and agrees that he was properly paid for all hours that he worked prior to his separation from the EMPLOYER. Page 2 of 7 4. Covenant Not to Sue. EMPLOYEE represents and agrees that EMPLOYEE will not hereinafter pursue, initiate, or cause to be instituted any dispute released herein against the EMPLOYER, and represents that EMPLOYEE has not heretofore assigned or transferred, or purported to have assigned or transferred, to any entity or person, any dispute released by him herein. 5. Consideration. In consideration for EMPLOYEE's signing this Agreement, the EMPLOYER agrees to provide EMPLOYEE with severance pay in the amount of$100.00, which severance pay is being paid upon the execution of this Agreement. The parties agree and acknowledge that the Severance Pay constitutes good, valuable and sufficient consideration for EMPLOYEE's full waiver and release of all claims, and EMPLOYEE's fulfilling all other promises as set forth herein. EMPLOYEE acknowledges that without this Agreement EMPLOYEE would not otherwise be entitled to the consideration EMPLOYEE is receiving pursuant to this Agreement. 6. Confidentiality. EMPLOYEE recognizes that, as a result of EMPLOYEE's employment with the EMPLOYER, EMPLOYEE has had access to Confidential Information as defined below, which is a valuable asset of the EMPLOYER and which, if disclosed or used without authorization,could cause irreparable harm to the EMPLOYER. Therefore,EMPLOYEE agrees that,except as required by a lawful order of a court of competent jurisdiction or to the extent that EMPLOYEE has written authorization from the EMPLOYER, EMPLOYEE will not, at any time or in any manner whatsoever, either directly or indirectly, reveal, divulge, disclose, or communicate to any person, EMPLOYER, or corporation or use for EMPLOYEE's benefit or for the benefit of others any Confidential Information. For purposes of this Agreement,"Confidential Information"shall include,any confidential proprietary information concerning any matters affecting or relating to the business of the EMPLOYER, regardless of whether it constitutes a trade secret, including but not limited to: (a) any information concerning the identity or needs of the EMPLOYER's clients or prospective clients; (b) any information concerning the business of the EMPLOYER, its method of business, manner of operation, its fmances, plans, processes, products, techniques, marketing strategies, computer programs or other data; (c)any information regarding the identity of the EMPLOYER's vendors or their accounts; (d) any other information or documents which EMPLOYEE has been told or reasonably ought to know that the EMPLOYER regards as confidential;or(e) information constituting a trade secret under Florida law. EMPLOYEE agrees he will not at any time, in any fashion, form or matter, either directly or indirectly, divulge, disclose or communicate to any person, firm or corporation in any manner whatsoever any information of any kind, nature or description concerning any matter affecting or relating to EMPLOYER or business of EMPLOYER, including without limiting the generality of the foregoing, the names and addresses of any EMPLOYER customers, patients, prices of goods and services or any other information of, about or concerning the business of EMPLOYER, its manner of operation, its plans, processes or other data of any kind, nature or description without to whether any or all of the foregoing matters would be deemed confidential, or important, the parties hereto stipulating that as between them,the matters are important,material and confidential Page 3 of 7 and gravely affect the effective and successful conduct of the business of EMPLOYER and its goodwill. EMPLOYEE also agrees to keep confidential and not disclose,either directly or indirectly, the terms of this Agreement other than to EMPLOYEE's legal counsel, tax advisor and/or members of EMPLOYEE's immediate family. In the event that EMPLOYEE discloses any information about this Agreement to EMPLOYEE's legal counsel,tax advisor and/or members of EMPLOYEE's immediate family,EMPLOYEE agrees to inform such persons of the confidential nature of the Agreement and,to the extent of EMPLOYEE's control or force or application of law, bind said persons to this provision. 7. Neutral Reference. The EMPLOYER agrees to respond to any requests for references regarding EMPLOYEE's employment with the EMPLOYER by providing a neutral reference concerning EMPLOYEE's dates of employment and job title with the EMPLOYER. 8. Non-Disparagement. EMPLOYEE agrees not to engage in any conduct or make any statements(written or oral)that defame or otherwise disparage the EMPLOYER,its principals, or its employees. EMPLOYEE will refrain from making any negative, disparaging, libelous, defamatory or otherwise adverse statements or communications to any third party concerning any EMPLOYER including all officers, directors, shareholders, owners and employees of EMPLOYER. 9. No Pending Lawsuits, Claims or Charges and Covenant Not to Sue. EMPLOYEE represents that he does not have any charges or claims pending against EMPLOYER with any federal, state, or local agency, administrative body, or department, and does not have pending before any court any dispute of any kind against EMPLOYER. EMPLOYEE further represents and agrees that he will not hereinafter pursue, initiate, or cause to be instituted any claim,charge or dispute with any federal,state,or local agency,administrative body,or department against EMPLOYER, and represents that he has not heretofore assigned or transferred, or purported to have assigned or transferred, to any entity or person, any such charge or claim. If it is determined that EMPLOYEE has any lawsuit, charge or claim of any kind pending against EMPLOYER, he agrees to dismiss all such charges, claims and/or lawsuits with prejudice, immediately upon the effective date of this Agreement. EMPLOYEE expressly acknowledges that the confidentiality provisions of this agreement as set forth above and the covenant not to assert any charges or claims of any type with any state, federal or local regulatory authority are material terms to this agreement; and that he will faithfully abide by his agreement to keep all aspects of the business of EMPLOYER strictly confidential. 10. Effective Date. This Agreement will become effective upon the execution of this Agreement by both the EMPLOYEE and the EMPLOYER. 11. COVID-19 Waiver. EMPLOYEE agrees that he was personally responsible for his safety and actions while employed by the EMPLOYER. The EMPLOYEE agrees that he complied with all EMPLOYER policies and rules for COVID-19 safety,including but not limited to all policies,guidelines,signage,and instructions. EMPLOYEE recognizes that,by virtue of his employment with the EMPLOYER,he was at higher risk of contracting COVID-19,a coronavirus, Page 4 of 7 i and/or other viral illness. With full awareness and appreciation of the risks involved, EMPLOYEE, for himself and on behalf of his family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, expressly agrees to forever release, waive, discharge, and covenants not to sue the EMPLOYER, its owners, partners, agents, servants, affiliates, employees, successors,and assigns(collectively referred to as"Released Parties")from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by EMPLOYEE related to COVID-19,a coronavirus, and/or other viral illness,whether caused by the negligence of the Released Parties,any third-party located on EMPLOYER property, or otherwise, while employed by the EMPLOYER, participating in any activity while in, on, or around the EMPLOYER and/or while using any EMPLOYER facilities, tools, equipment, or materials. 12. Return of Property. EMPLOYEE agrees and understands that EMPLOYEE must return any and all EMPLOYER property in EMPLOYEE's possession before the EMPLOYER will provide EMPLOYEE with the Severance Pay and the parties acknowledge and agree that the EMPLOYER will not be required to tender the Severance Pay to EMPLOYEE until EMPLOYEE does so. EMPLOYEE further agrees not to remove or copy any files,paperwork, data, electronic data or other information of any kind that belongs to the EMPLOYER and/or that EMPLOYEE created,used or received while employment by the EMPLOYER. 13. No Admission. Neither this Agreement nor any provision contained herein shall constitute or otherwise be construed as an admission by the EMPLOYER of any liability, wrongdoing,violation of law or unlawful conduct by the EMPLOYER against EMPLOYEE. 14. Governing Law and Severability. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, with venue of any dispute in the Palm Beach County Circuit Court. If any provision of this Agreement is declared illegal or unenforceable by any court of competent jurisdiction and if it cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect. The language of this Agreement shall be construed as a whole, according to its fair meaning,and not strictly construed for or against either party. If the waiver language of this Agreement is declared unenforceable because of actions taken by EMPLOYEE or on EMPLOYEE's behalf, EMPLOYEE shall return all monies paid to EMPLOYEE under this Agreement and this Agreement shall immediately become null and void, and the EMPLOYER will owe nothing further pursuant to that Agreement. 15. Breach of any portion of this Agreement. In the event EMPLOYEE breaches or violates any of the terms of this Agreement, he agrees to immediately return the $100.00 consideration upon written demand. In the event of failure to return this consideration, EMPLOYER may file suit against the EMPLOYEE to recover said funds in which case employee waives all defenses and waives jury trial. 16. Entire Agreement. This Agreement sets forth the entire agreement between the parties and shall supersede any and all prior agreements, understandings, whether written or oral, between the parties,except as otherwise specified in this Agreement. EMPLOYEE acknowledges Page 5 of 7 that EMPLOYEE has not relied on any representations,promises,or agreements of any kind made to EMPLOYEE in connection with EMPLOYEE's decision to sign this Agreement except for those set forth in this Agreement. 17. Amendment. This Agreement may not be amended except by written agreement signed by all parties. 18. Headings. Section headings are used herein for convenience of reference only and shall not affect the meaning of any provisions of this Agreement. 19. Acknowledgment. EMPLOYEE acknowledges that EMPLOYEE has carefully read and understands this Agreement consisting of Six(6)pages and agrees that the EMPLOYER has not made any representations other than those contained herein. EMPLOYEE also acknowledges that EMPLOYEE enters into this Agreement voluntarily, without any pressure or coercion and with full knowledge of its significance, and this Agreement constitutes a full and absolute settlement and bar as to any and all claims EMPLOYEE had, has, or may have against the EMPLOYER. THE PARTIES HAVE READ, UNDERSTOOD, AND FULLY CONSIDERED THIS AGREEMENT AND ARE MUTUALLY DESIROUS OF ENTERING INTO THIS AGREEMENT. THE TERMS OF THIS AGREEMENT ARE THE PRODUCT OF COMPROMISE BETWEEN THE EMPLOYER AND EMPLOYEE. HAVING ELECTED TO EXECUTE THIS AGREEMENT,TO FULFILL THE PROMISES SET FORTH HEREIN, AND TO RECEIVE THE BENEFITS SET FORTH ABOVE, EMPLOYEE FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO RELEASE, WANE, AND SETTLE ALL CLAIMS EMPLOYEE HAS OR MIGHT NOW HAVE AGAINST THE EMPLOYER FROM THE BEGINNING OF TIME UNTIL THE EFFECTIVE DATE OF THIS AGREEMENT. IN WITNESS WHEREOF, the EMPLOYEE hereto knowingly and voluntarily executed this Agreement as of the date set forth below. Page 6 of 7 / •larun K►nnt ti I '11P1 ON 1•F. 1.1 I t t)!"i4-(-11#14 ()t 11 t)1 I hi' soli-yin:1g instrument was.11.knot;Itd(wd 14'Ilirt- 111 Iri nu ins IdNA ph. ,t 41 c 01 I I%lIl Int IP I:111/,Itil'11. tins .;") day III ( 111: $ 1'y •1.irttrl Krtlnir. ,„1.0���rl.illt Iji.M if it lilt'lir+ �11111 has pi oda(i•tl f r 1-Hit nt til silo•r and Nht1 has at intra!edged so me that he has had the lilri:going General Release and S1.-p tn,ist.n 1greenlcnl Lao tt.ld that Itt: lids l'‘t•uuti die foregoing l ienetal Release anti lcparalwn 11;ri:emt.'nl (reel) and •oluntanl for the uses and purposes therm expressed '.11()R\ I t) .1\1) Ii1CR1131.I) ht ttlrt• mc, h1 means "St" phi•1.,i1 prt•,:n,t• „r ttrllllll•nVtilrl/alit'ii. this`? day of .2li ) M3 Commission Expires /1 • /e/ — A 7,./ N%ITN ESS my hand and official seal in the('i1u N and State last aforesaid this ,�? day of (%a ,202 7_ , TARY PUBLIC Si ,nature / / / 1!c'�/� `>,.:►t'..`/,rr !M)T•1RY PURI IC Pnnia Page 7 of 7 osaiF t�1J1Jt10 1 . .,..r ',i” : „:01a;