R26-026 RESOLUTION NO. R26-026
1 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 BRIA SMITH V. CITY OF
4 BOYNTON BEACH, TOTALING $75,000; AND FOR ALL OTHER
5 PURPOSES.
6
7
t WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that
9 the authority for settlement of all claims in excess of $50,000 shall require approval of the City
10 Commission by formal resolution; and
1 I WHEREAS, Bria Smith ("Plaintiff") brought a claim stemming from an alleged accident that
12 occurred on or about December 6, 2024; and
13 WHEREAS, a Settlement and Release of Claim was reached with the Plaintiff for $75,000
14 in exchange for a general release of all claims, which resolves all claims for damages between the
15 Plaintiff and Defendant, City of Boynton Beach, as well as attorney's fees and costs; and
16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
17 best interests of the city's citizens and residents to approve the Settlement Agreement and Full
I8 and Final General Release of Claim in the matter of Bria Smith v. City of Boynton Beach, totaling
19 $75,000.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
21 BEACH, FLORIDA, THAT:
22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption.
24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
25 approve the Settlement Agreement and Full and Final General Release of Claim in the matter of
26 Bria Smith v. City of Boynton, totaling $75,000, in form and substance similar to that attached as
27 Exhibit A.
28 SECTION 3. This Resolution shall take effect in accordance with the law.
20 [SIGNATURES ON THE FOLLOWING PAGE]
31
RESOLUTION NO. R26-026
32 PASSED AND ADOPTED this f day of ,Jpi-t1(Lni , 2026.
33 CITY OF BOYNTON BEACH, FLORIDA J
34 YE NO
35 Mayor— Rebecca Shelton
36
37 Vice Mayor—Woodrow L. Hay
38
39 Commissioner—Angela Cruz V
40
41 Commissioner—Thomas Turkin ' -
42
43 Commissioner—Aimee Kelley
44 _
45 VOTE 5—0
46 ATT- T:
47 oh ....._
49 Maylee D4 us, MPA, k MC Rebecca Shelton
50 City Clerk Mayor
51
52 �..F•.........tib APPROVED AS TO FORM:
53 (Corporate Seal) %A,:• SE qrF•.,Fy Is
c SEAL /nom
54 '_ 44//0' OV,,-)7i
55 i :INCORPORATED:
,
1920
i
56 ti 6. ; Shawna G. Lamb
57 N,`CORIDP,.4 City Attorney
Settlement Agreement
Case Name: BRIA SMITH v.CITY OF BOYNTON BEACH
Claim Number: 2400005249
Claimant,BMA SMITH(hereinafter"Claimant"),and CITY OF BOYNTON BEACH(hereinafter
"City"), have reached a settlement of all claims that Claimant may have against the City. This settlement
specifically includes, but is not limited to, all claims against the City in the above-styled claim. The City
agrees to pay the total amount of SEVENTY-FIVE THOUSAND and 00/100 DOLLARS($75,000.00)to
Claimant,BRIA SMITH.
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 satisfclaim of all
conditions set forth herein to the satisfclaim 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.
Claimant agrees to accept said amount in complete and total settlement of all claims that Claimant
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 claim and which occurred on or about December
6,2024,in Boynton Beach,Palm Beach County, Florida.
Claimant 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 Claimant 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 Claimant 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 Claimant's attorneys'trust account until said
liens and outstanding obligations have been satisfied or otherwise resolved. Claimant 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.
Claimant further agrees that all liens(including,but not limited to,medical,workers'compensation
or legal expenses or fees)that may exist relative to this matter will be resolved to the City's satisfclaim as
set forth above and and prior to the delivery of the settlement funds. Claimant agrees to protect the City
�DJ
Smith v.City of Boynton Beach
Claim Number: 2400005249
Settlement Agreement
Pagelof2_
from any liability arising from Claimant's failure to fulfill this material obligation.
Dated this
day of February,2026.
OFFICE OF THE CITY ATTORNEY
CITY OF BOYNTON BEACH
100 E. Ocean Avenue
Boynton Beach, FL 33435
Telephone: (561)742-6076
Email: lagosg{c)bbfl.us
Secondary email:vegass@bbfl.us
By.
By
Geo :- I.Lag•_, -.quire
Fla.Bar No.:41320
GENERAL RELEASE
WHEREAS, the undersigned, BRIA SMITH, has a claim against the CITY OF BOYNTON
BEACH(the"City") Claim Number: 2400005249; 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 Claimant,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
SEVENTY-FIVE THOUSAND and 00/100 DOLLARS($75,000.00),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 Officers involved in the
December 6,2024 incident;and
The parties agree to enter a stipulation of dismissal with prejudice of the above-
referenced claim; further
BRIA SMITH 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 December 6, 2024, in
Boynton 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,BRIA SMITH 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 Claimant'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 BRIA SMITH is to receive 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
GENERAL RELEASE
Smith v.CITY OF BOYNTON BEACH
Claim Number: 2400005249
Page 1 of 3 S
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 employee Brian Joseph Jordan for or on account of or in respect of said claim or any of the matters
and things alleged in said claim,and that to any other claim 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.
BRIA SMITH 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,BRIA SMITH 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 BRIA SMITH will be fully satisfied or otherwise resolved by BRIA SMITH,out of
the proceeds of the settlement referenced hereinbefore the proceeds are disbursed to BRIA SMITH by his
attorney. BRIA SMITH further agrees, promises, and warrants that BRIA SMITH will be solely
responsible to any lienholder, claimant, or creditor for any such liens or outstanding bills or charges for
BRIA SMITH'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 BRIA SMITH 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. BRIA SMITH 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.
IN WITNESS WHEREOF, BRIA SMITH has hereugio set his hand and seal, in
, Palm Beach County, Florida,this day of February 2026.
GENERAL RELEASE
Smith v.CITY OF BOYNTON BEACH
Claim Number: 2400005249
Page 2 of BS
Signed,sealed -. ' deliver-: the presence of:
By:
i`
�t1►,
Br SMITH Mir
STATE OF 'r }
COUNTY OFQ(I,}Q7 i. SS:
On this 1,0 day of �Q,\py1/4) 2026, the foregoing instrument was
acknowledged before me, by means of A21Tysical pr6sencc or ❑ online notarization, by BRIA SMITH,
an individual,
❑ Personally Known OR
[Produced Identification—Type of Identification Produced 4
L.- /
[SEAL] No ary Public Signature 7
Notary Public State of Florida Print Name: C� (iln�� b .)a' a
Estefanta Zuluaga
V
..... My Commlaslon MH 37099
Expires //20/2029 Commission number: -t 65
GENERAL RELEASE
Smith v.CITY OF BOYNTON BEACH
Claim Number: 2400005249
Page 3 of 3 BS