Resolution 2024-33051RESOLUTION NO. 2024-33051
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN
NICOLE MATHURIN AND LUCMANNE JANVIER AS CO -PERSONAL
REPRESENTATIVES OF THE ESTATE OF PENIEL JANVIER AND THE CITY
OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $2,000,000.00; AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE
NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION
THEREOF; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS
REQUIRED, TO EFFECTUATE THE TERMS OF THE SETTLEMENT.
WHEREAS, on March 22, 2023, Nicole Mathurin and Lucmanne Janvier as Co -Personal
Representatives of the Estate of Peniel Janvier ("Plaintiffs") initiated litigation against the City of
Miami Beach, Florida in the Circuit Court of the Eleventh Judicial. Circuit in and for Miami -Dade
County, Florida, Case No. 2023 -01'3411 -CA -01, alleging that the City was negligent and caused
the wrongful death of Peniel Janvier. on August 16, 2022 (the "Lawsuit"); and
WHEREAS, the parties desire to avoid incurring 'further costs of litigation and seek to
resolve all matters in controversy, disputes, and causes of action between the parties, including
without limitation the Lawsuit (collectively, "Claims"), in an amicable fashion; and
WHEREAS, the ;parties have reached a full and final compromise and settlement of
all Claims for the sum of $2,000,000 (the "Settlement Amount") and other consideration, which.
is contingent upon approval of the Mayor and City Commission, as well as the Florida Legislature,
to conclusively settle any and all of Plaintiffs' Claims against the City and/or its agents, assigns,
employees, officers, administrators and insurers, if any, arising out of or relating to the Lawsuit,
and/or the incident.on August 16, 2022; and
WHEREAS, the City is.protected under the sovereign immunity laws of the State of Florida
for any liability it may have in the aforementioned lawsuit for any judgment in excess of the
sovereign immunity cap on damages; and
WHEREAS, Plaintiffs wish to apply to the Legislature of the State of Florida for the
passage of a claims bill (the "Claims Bill") allowing and/or directing the City to pay to Plaintiffs the
portion of the Settlement Amount in excess of the sovereign immunity cap (the ``Excess Amount");
and
WHEREAS, in connection with the settlement, the City will agree not to oppose and,
subject to certain limitations,.to affirmatively cooperate with Plaintiffs in their application to the
Legislature of the State of Florida for the passage of their Claims Bill allowing and/or directing the
City to pay the 'Excess Amount ($1,700,000.00); and
WHEREAS, the City Manager and the City Attorney recommend that the Mayor and City
Commission authorize the settlement payment to Plaintiffs in the amount of $2,000,000.00 to be
paid as follows: (1) $300,000.00 to be paid from the City's Risk Management Claims Fund within
ten (10) business days of the full execution of all documents and/or agreements, as required, to
effectuate the terms of the settlement, other than the Claims Bill; and (2) the remaining
$1,700,000.00 to be paid, conditioned and only upon the passage of the Claims Bill, within thirty
(30) days following the effective date thereof.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that The Mayor and City
Commission hereby approve the settlement between Nicole Mathurin and Lucmanne Janvier as
Co -Personal Representatives of the Estate of Peniel Janvier and the City of Miami Beach, Florida,
in the amount of $2,000,000.00 to be paid as follows: (1) $300,000.00 to be paid from the City's
Risk Management Claims Fund within ten (10) business days of all documents and/or
agreements, as required, to effectuate the terms of the settlement, other than the Claims Bill; and
(2) the remaining $1,700,000.00 to be paid, conditioned and only upon the passage of the Claims
Bill within thirty (30) days from the effective date thereof; and authorize the City Manager and City
Attorney to take the necessary and appropriate steps for the implementation thereof; and further
authorize the City Manager and City Clerk to execute any documents and/or agreements, as
required to effectuate the terms of the settlement.
PASSED and ADOPTED this
ATTEST:
O MAY 2 1 2024
Rafael E. Granado, City Clerk
day of , 2024.
i
teven Meiner, Mayor
2
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
My Attomey Date
MIAMIBEACH
TO: Honorable Mayor and Members of the City Commission
FROM: Ricardo J. Dopico, City Attorney
DATE: May 15, 2024
COMMISSION MEMORANDUM
SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE SETTLEMENT BETWEEN NICOLE MATHURIN AND LUCMANNE
JANVIER AS CO -PERSONAL REPRESENTATIVES OF THE ESTATE OF PENIEL JANVIER AND
THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $2,000,000.00; AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND
APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY DOCUMENTS
AND/OR AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF THE
SETTLEMENT.
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in
lobbying? No.
If so, specify name of lobbyist(s) and principal(s): N/A
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
Pursuant to Section 2-14(d)(1)(a) of the City Code, the settlement proposed by this resolution will not result in an anticipated
increase in budgeted revenues or expenditures of the City in this fiscal year, or in the next fiscal year.
Is this a "Residents Right to
Know item,_pursuant to
Ci Code Section 214?
No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
D Commission Memorandum
D Resolution
Does this item utilize G.O.
.Bond Funds?
UM
1005
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MIAMI BEACH
City of Miami Beach. 1.700 Convention Center Drive. Miami Beach. Florida 33139, www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Ricardo Dopico, City Attorney
Rickelle Williams, Interim City Manager%
DATE: May 15, 2024
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN
NICOLE MATHURIN AND LUCMANNE JANVIER AS CO -PERSONAL
REPRESENTATIVES OF THE, ESTATE OF PENIEL JANVIER AND THE CITY
OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $2,000,000.00; AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE
NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION
THEREOF; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS
REQUIRED, TO EFFECTUATE THE TERMS OF THE SETTLEMENT.
RECOMMENDATION
For the reasons outlined in this Memorandum, the Administration and the City Attorney's Office
recommend that the Mayor and City Commission approve the settlement between Nicole
Mathurin and Lucmanne Janvier, as Co -Personal Representatives of the Estate of Peniel Janvier,
and the City of Miami Beach, Florida, in the amount of $2,000,000.00; and authorize the City
Manager and City Attorney to take the necessary and appropriate steps for the implementation
thereof; and further authorize the City Manager and City Clerk to execute any documents and/or
agreements, as required to effectuate the terms of the settlement.
BACKGROUND
On March 22, 2023, Nicole Mathurin and Lucmanne Janvier as Co -Personal Representatives of
the Estate of Peniel Janvier ("Plaintiffs') initiated litigation against the City of Miami Beach, Florida
in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case
No. 2023 -013411 -CA -01 (the "Lawsuit"), alleging that the City was negligent and caused the
wrongful death of Peniel Janvier on August 16, 2022.
The City is represented in this action by the Office of the City Attorney.
The parties desire to avoid incurring further costs of litigation and seek to resolve all matters in
controversy, disputes, and causes of action between the parties, including without limitation the
Lawsuit (collectively, "Claims"), in an amicable fashion. The parties have reached a full and final
compromise and settlement of all Claims for the sum of $2,000,000 (the "Settlement Amounf)
and other consideration, which is contingent upon approval of the Mayor and City Commission,
as well as the Florida Legislature, to conclusively settle any and all of Plaintiffs' Claims against
1006
Commission Memo
May 15, 2024
Page 2
the City and/or its agents, assigns, employees, officers, administrators and insurers, if any, arising
out of or relating to the Lawsuit and/or the incident on August 16, 2022. The City Manager and
the City Attorney recommend that the Mayor and City Commission authorize the settlement
payment in the amount of $2,000,000.00 to be paid as follows: (1) $300,000.00 to be paid from
the City's Risk Management Claims Fund within ten (10) business days of all documents and/or
agreements, as required, to effectuate the terms of the settlement, other than a legislative claims
bill from the.Florida Legislature; and (2) the remaining $1,700,000.00 to be paid, conditioned and
only upon the passage of a legislative claims bill from the Florida Legislature, within thirty (30)
days from the effective date thereof.
FISCAL IMPACT
Pursuant to Section 2-14(d)(1)(a) of the City Code, the settlement proposed by this resolution will
not result in an anticipated increase in budgeted revenues or expenditures of the City in this fiscal
year, or in the next fiscal year.
RJD/HJH/ag
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