R25-269 RESOLUTION NO. R25-269
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT AND
3 RELEASE OF CLAIM IN THE MATTER OF ROGER SALAZAR V. CITY OF
4 BOYNTON BEACH, TOTALING $110,000; AND FOR ALL OTHER
5 PURPOSES.
6
7 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that
8 the authority for settlement of all claims in excess of $50,000 shall require approval of the City
9 Commission by formal resolution; and
10 WHEREAS, Roger Salazar ("Plaintiff") brought a claim stemming from an alleged incident
11 that occurred on or about May 3, 2023; and
12 WHEREAS, a Settlement and Release of Claim was reached with the Plaintiff for $110,000
13 in exchange for a general release of all claims, which resolves all claims for damages between the
14 Plaintiff and Defendant, City of Boynton Beach, as well as attorney's fees and costs; and
15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
16 best interests of the city's citizens and residents to approve the Settlement Agreement and Full
17 and Final General Release of Claim in the matter of Roger Salazar v. City of Boynton Beach, totaling
18 $110,000.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
20 BEACH, FLORIDA, THAT:
21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption.
23 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
24 approve the Settlement Agreement and Full and Final General Release of Claim in the matter of
25 Roger Salazar v. City of Boynton Beach, totaling $110,000, in form and substance similar to that
26 attached as Exhibit A.
27 SECTION 3. This Resolution shall take effect in accordance with the law.
2R
29
30 [SIGNATURES ON THE FOLLOWING PAGE]
RESOLUTION NO. R25-269 1
31 PASSED AND ADOPTED this71" day of DC \D ( 2025.
32 CITY OF BOYNTON BEACH, FLORIDA
33 YES NO
34 Mayor- Rebecca Shelton
35
36 Vice Mayor-Woodrow L. Hay
37
38 Commissioner-Angela Cruz
39
40 Commissioner-Thomas Turkin
41 /
42 Commissioner-Aimee Kelley
43
44 VOTE
45 ATT"S
46 /
47 1 at .
_ _
48 Maylee fte -sus, MPA, MC Rebecca Shelton
49 City Cle k Mayor
50
51 ��O'4 04, �� APPROVED AS TO FORM:
52 (Corporate Seal) S 0•.,o�PORir4c-%��4,,
53 ~'
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54 If11.INCORPORATED! 1 //7a AZ‘.
55 �i, '•.• 1920 / Shawna G. Lamb
56 1,4`. •
.........
FLORO" - City Attorney
Vinesign Document ID: 371 ADFDC-CF70-417D-B71 B-5DCB9192E4FE
Settlement Agreement
Case Name: ROGER SALAZAR v.CITY OF BOYNTON BEACH
Case No.: 502024CA009423XXXMB
Court: The Circuit Court of the Fifteenth Judicial Circuit, In and For Palm Beach County,Florida
The Plaintiff, ROGER SALAZAR (hereinafter "Plaintiff'), and CITY OF BOYNTON BEACH
(hereinafter"City"), have reached a settlement of all claims that Plaintiff may have against the City. This
settlement specifically includes, but is not limited to,all claims against the City in the above-styled action.
The City agrees to pay the total amount of ONE HUNDRED AND TEN THOUSAND and 00/100
DOLLARS($110,000.00) to Plaintiff,ROGER SALAZAR.
The parties to this agreement acknowledge that this settlement agreement is contingent upon
further approval as set in City's Charter and Codes relative to the settlement of claims. In addition, the
parties agree that "further approval" is contingent on, among other things, the total satisfaction of all
conditions set forth herein to the satisfaction of the City and that the City will not seek the "further
approval"until all conditions set forth herein are met to the City's satisfaction.
Plaintiff agrees to accept said amount in 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, relating 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 May 3,
2023, in West Palm 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 or individual capacity, from any further liability, responsibility or obligation
whatsoever, growing out of the matter at hand. The Plaintiff agrees to execute all Medicare status forms
according to Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007; and or any
Addendum to Settlement Agreement and General Releases with regard to Medicare's Interest that may be
required by Rule of Law, if applicable. The Plaintiff further agrees to resolve all liens and outstanding
obligations arising from the subject incident, whether medical or otherwise, with the proceeds of this
conditional settlement agreement being held in escrow in the Plaintiff's attorneys' trust account until said
liens and outstanding obligations have been satisfied or otherwise resolved.Plaintiff shall communicate to
the City all amounts due to Medicare or Medicaid to resolve any lien,and the City will be pay said amount
directly to Medicare or Medicaid from the settlement proceeds, if applicable.
Plaintiff further agrees that all liens(including,but not limited to,medical,workers'compensation
A-10Ade RS
The signed document can be validated at https://app.vinesign.comNerify
Salazar v.City of Boynton Beach
Case No. 502024CA009423XXXXMB
Settlement Agreement
Page 2 of 2
or legal expenses or fees)that may exist relative to this matter will be resolved to the City's satisfaction as
set forth above and and prior to the delivery of the settlement funds.Plaintiff agrees to protect the City from
any liability arising from Plaintiffs failure to fulfill this material obligation.
Dated this iv f day of September, 2025.
OFFICE OF THE CITY ATTORNEY
CITY OF BOYNTON BEACH
100 E. Ocean Avenue
Boynton Beach,FL 33435
Telephone: (561)742-6076
Email:lagosg(cibbfl.us
Secondary email:vegass@bbfl.us
BY=�� By• A.
ROGER SALAZAR G. • .Lagos,Esquire
Fla.Bar No.:41320
Vinesign Document ID: 907D54D4-DE70-4AAE-BD27-34C182EEEA4B
GENERAL RELEASE
WHEREAS,the undersigned,ROGER SALAZAR,has a lawsuit against the CITY OF BOYNTON
BEACH (the "City") styled ROGER SALAZAR v. CITY OF BOYNTON BEACH, filed in the Fifteenth
Judicial Circuit, In and for Palm Beach County, Florida, Case No. 502024CA009423XXXMB (the
"Action"); and
WHEREAS,the parties to this Release desire to compromise and settle the claim rather than incur
the expense and uncertainty of litigation;and
NOW THEREFORE, in consideration of the premises, in the absence of which this Release
would not be executed and delivered by the undersigned nor accepted by Defendant, CITY OF
BOYNTON BEACH, and the benefits and advantages anticipated by the undersigned and the City,from
the compromise and settlement of said claim and said Action,and in consideration also of the sum of ONE
HUNDRED AND TEN THOUSAND and 00/100 DOLLARS ($110,000.00), and the following
conditions:
Each party is to bear its own costs and attorney fees;and
This Release applies to the City and its current and former agents and employees
individually and in their official capacities,including City Officer Davon Jennings;
and
The parties agree to enter a stipulation of dismissal with prejudice of the above-
referenced Action; further
ROGER SALAZAR in hand paid by the City and the receipt of which is hereby acknowledged,the
undersigned has acquitted,released,exonerated,and discharged,and does hereby acquit,release,exonerate,
and discharge the City,and its current and former agents,employees,directors,representatives,successors,
legal representatives and assigns, individually and in their official capacities, of and from any and all
obligations, liability, or responsibility under the laws of the State of Florida, and of any other State of the
United States of America,for,from,upon, under or on account of or growing or arising out of said claim or
said Action,including(but not by the specific references excluding any other element of obligation,liability
or responsibility in respect to said occurrence) all damages, losses, costs, charges, and expenses, of every
kind, nature and character, now existing or hereafter arising, known or unknown or hereafter becoming
known, accrued,or hereafter accruing,resulting directly or indirectly,approximately or remotely, from all
and any of the matters and things embraced in said claim and in said Action, including but not limited to,
all claims arising from that certain alleged accident which occurred on or about May 3,2023,in West Palm
Beach, Palm Beach County, Florida, and does hereby acknowledge full and complete compromise and
settlement, accord and satisfaction and payment thereof and therefore from the City.
As further consideration and inducement for this compromise settlement, ROGER SALAZAR
agrees to satisfy or otherwise resolve any valid liens,subrogated interests,or other obligations arising from
said incident and agrees to protect all parties named in this Release from liability for Plaintiff's failure to
fulfill this obligation.
The hereinabove recited consideration is the full,complete and entire consideration for this Release,
and there is no agreement,oral or written,expressed or implied,whereby ROGER SALAZAR is to receive
GENERAL RELEASE
Salazar v.CITY OF BOYNTON BEACH
Case No.502024CA009423XXXMB 414
Page 1 of 3 rag,— RS
The signed document can be validated at https://app.vinesign.comNerify
at any time or in any event or upon the happening of any contingency or upon the development or discovery
of any fact,circumstance,or condition any further consideration of any kind whatsoever from the City,for
or on account of any other matter, circumstance or thing whatsoever;and in consideration of the premises,
the undersigned hereby agrees that it will not, and that its heirs,legal representatives and assigns shall not,
hereafter file or institute in any court any other suit against the Defendant or its heirs,agents,or employees,
including City police officer Davon Jennings, for or on account of or in respect of said claim or any of the
matters and things alleged in said Action, and that to any other suit or Action which nevertheless may be
hereafter brought on account or in respect of any of the matters and things involved in said claim and in said
Action this Release shall be a complete and conclusive defense.
ROGER SALAZAR further agrees to satisfy or otherwise resolve all personal injury protection
liens,health insurance liens,hospital liens,attorneys' charging liens,or other liens that have arisen or may
arise as a result of benefits payable to the undersigned for injuries sustained or earnings lost or expenses
incurred arising out of the above accident. The undersigned further agrees to indemnify the City from such
meritorious claims and agrees to satisfy or otherwise resolve such claims out of the proceeds of this
settlement.
In partial consideration for the payments made under the terms of this Release and Settlement
Agreement, ROGER SALAZAR agrees, promises, and warrants that all liens, including hospital liens,
emergency medical services care, ambulance, fire rescue liens, medical liens, insurance liens, Medicare
liens or past conditional payments, Medicaid liens, or any liens asserted by any governmental entities or
agencies whatsoever and any other liens, bills or claims arising out of or related to the incident referenced
above, and the claimed injuries to ROGER SALAZAR, will be fully satisfied or otherwise resolved by
ROGER SALAZAR, out of the proceeds of the settlement referenced hereinbefore the proceeds are
disbursed to ROGER SALAZAR by his attorney. ROGER SALAZAR further agrees, promises, and
warrants that ROGER SALAZAR will be solely responsible to any lienholder,claimant,or creditor for any
such liens or outstanding bills or charges for ROGER SALAZAR's medical treatment related to this incident
and that the City will have no responsibility or obligation whatsoever for any such liens, bills, claims, or
charges specifically including liens for any "past conditional payments" or future set-aside obligations
through Medicare.
If ROGER SALAZAR fails to fulfill his obligation to satisfy or otherwise resolve all valid liens or
obligations arising from the subject incident, he further agrees to indemnify,hold harmless and defend the
City against loss, cost,expense, or liability imposed upon or incurred by the City arising from, relating to
or concerning meritorious Medicare conditional payments and the Medicare Set-Aside trust pertaining to
or arising from this accident.ROGER SALAZAR waives any claim or cause of action he may have against
the City under the Medicare Secondary Payer Act(MSP)pursuant to 42 USC §1395y(b)(3)(A)if Medicare
finds an allocation insufficient.
The undersigned has read this Release and consulted with his attorney in said cause and understands
the purpose, tenor, and effect of this Release. It contains and sets forth the entire agreement between the
parties hereto, and there is no part of the agreement between them in respect of the premises, which is not
entirely,completely, accurately,and truly set forth herein.
Notwithstanding the language contained in this Release, this Release shall not be construed as
releasing any medical providers from potential claims that may arise based upon treatment and care
rendered due to the accident which is the subject of this Release. Moreover, this Release shall not be
construed as releasing any health insurance carrier or other insurers from medical and lost wage
benefits to which the Releasors are entitled.
GENERAL RELEASE
Salazar v.CITY OF BOYNTON BEACH
Case No. 502024CA009423XXXMB �'
Page 2 of 3 471/ RS
Roger Salazar
IN WITNESS WHEREOF, ROGER SALAZAR has hereunto set his hand and seal, in
West Pa Irl, 'Beach ,Palm Beach County, Florida,this It* day of September;2025.
Signed, sealed and delivered in the presence of:
By:
ROGER SALAZAR
STATE OF fIor;oil a. _ }
} SS:
COUNTY OF }P rn rB e }
On this 154 day of Q buz- 20A the foregoing instrument was
acknowledged before me, by means of 0 physical presence or 0 online notarization, by ROGER
SALAZAR, an individual,
O Personally Known OR
O Produced Identification—Type of Identification Produced
f2. Di_
[SEAL] -NL11 >>li Si awry——
Notary Public State of Florida
Print Na e: Korina E. Malone
My Commission HN 599094
Expires 10/2/2028
Commis —,,.n,lbe.— —--—
GENERAL RELEASE
Salazar v.CITY OF BOYNTON BEACH
Case No. 502024CA009423XXXMB A-10
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