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Settlement Agreement for Consent Judgement Between Peniel Janvier and City of Miami Beach DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 2029 - 3c)51. SETTLEMENT AGREEMENT AND STIPULATION FOR CONSENT JUDGMENT This SETTLEMENT AGREEMENT AND STIPULATION FOR CONSENT JUDGMENT ("Agreement") is entered into by NICOLE MATHURIN AND LUCMANNE JANVIER AS CO- PERSONAL REPRESENTATIVES OF THE ESTATE OF PENIEL JANVIER("PLAINTIFFS")and the CITY OF MIAMI BEACH to settle claims that are currently in dispute. The CITY OF MIAMI BEACH is defined to include any and all related entities and subdivisions, as well as all respective former and current elected officials,city managers,city attorneys,city clerks,directors,administrators, agents, department heads, supervisors, employees, attorneys, representatives, insurers, and officials (all in their official and individual capacities), as well as their heirs, executors, administrators, predecessors,successors,insurers,assigns,and all other persons,partnerships,firms or corporations, and their insurers who are related to the CITY OF MIAMI BEACH,and all will be collectively referred to in this Agreement as the"CITY"•unless specifically otherwise noted for purposes of a particular section. WHEREAS, on March 22, 2023, PLAINTIFFS initiated litigation against the CITY in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,Florida,Case No.2023- 013411-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 arising out of or relating to the Lawsuit and/or the incident on August 16,2022;and os N.MATHURIN L.JANVIER ITY Page 1 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 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 and the CITY acknowledge that the potential jtuy verdict in the Lawsuit could be in excess of the Settlement Amount and that it is reasonable for the CITY to fix its maximum exposure for the Claims;and WHEREAS,the CITY has denied liability for the Claims,and it is agreed that this settlement does not represent an admission of fault by the CITY, but rather is the compromise resolution of disputed claims;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,the parties hereto acknowledge that it is in the best interests of PLAINTIFFS and the CITY to settle the Claims so that PLAINTIFFS receive some compensation for the death of Peniel Janvier,while at the same time streamlining the Claims Bill process and capping the CITY's potential monetary exposure;and WHEREAS, the CITY agrees to submit to a Consent Judgment for Two Million Dollars ($2,000,000.00),of which the CITY shall pay PLAINTIFFS its sovereign immunity cap in the amount of Three Hundred Thousand Dollars($300,000.00)within ten(10)business days of the execution of this Settlement Agreement and Stipulation for Consent Judgment. After the CITY has paid its sovereign immunity cap of Three.Hundred Thousand Dollars($300,000.00)to PLAINTIFFS,the only indebtedness that shall remain collectible against the CITY under the Consent Judgment entered in the Lawsuit will be One Million Seven Hundred Thousand Dollars ($1,700,000.00), i.e., the Excess Amount;and DS P N.MATHURIN L.JANVIER Lr Y Page 2 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 WHEREAS,the payment of the Excess Amount is conditioned upon the passage of the Claims Bill by the Legislature of the State of Florida in favor of PLAINTIFFS;and WHEREAS,PLAINTIFFS shall have the sole responsibility of drafting and filing the Claims Bill application and other appropriate documents as necessary for filing with the Legislature of the State of Florida;and WHEREAS, the CITY shall provide to PLAINTIFFS any and all pertinent requested documents or information within its custody or control within a reasonable time;and WHEREAS, the CITY agrees not to oppose PLAINTIFFS in their application to the Legislature of the State of Florida for the passage of the Claims Bill;and WHEREAS,the CITY agrees to affirmatively cooperate with PLAINTIFFS in their application to the Legislature of the State of Florida for the passage of the Claims Bill,and further agrees that such affirmative cooperation shall include, if requested by PLAINTIFFS, attendance by an appropriate representative or representatives of the City in the legislative claims bill process, to the extent necessary,to advise the Legislature of the State of Florida or its special master that the CITY believes the passage of the Claims Bill is in its best interest;and WHEREAS,it is the intent of PLAINTIFFS and the CITY that should the Claims Bill not be enacted and signed into law in the 2025 legislative session, PLAINTIFFS may xe-apply to the Legislature of the State of Florida for passage of the Claims Bill each and every succeeding year until such time as.the Legislature of the State of Florida passes the Claims Bill and it is signed into law by the Governor;and WHEREAS,it is the intent of PLAINTIFFS and the CITY that the rejection of the Claims Bill by the.Legislature of the State of Florida or the Governor's failure to sign any claims bill passed by the Legislature of the State of Florida in favor of Plaintiffs is effective only in the legislative session where such rejection or failure took place and does not preclude Plaintiffs from re-applying to the Legislature of the State of Florida for passage of the Claims Bill in succeeding legislative sessions; s N.MATHURIN L.JANVIER • Page 3 of 12 eg)CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 WHEREAS,it is the intent of PLAINTIFFS and the CITY that there is no limitation as to the number of times PLAINTIFFS may apply to the Legislature of the State of Florida for the passage of the Claims Bill in the event the Claims Bill is not passed by the Legislature of the State of Florida and signed into law by the Governor in the 2025 legislative session. NOW,THEREFORE,in consideration of their mutual promises and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties,intending to be legally bound,agree as follows: 1. Consideration. a. The CITY agrees to pay,to the extent permitted by the Legislature of the State of Florida, and PLAINTIFFS agree to accept, a total of Two Million Dollars ($2,000,000.00) as a compromise settlement of any and all Claims against the CITY arising out of or relating to the Lawsuit and/or the incident on August 16,2022. b. The CITY stipulates and consents to the entry of a Consent Judgment in favor of PLAINTIFFS and against it in the amount of Two Million Dollars($2,000,000.00)(the"Consent Judgment"or the"Consent Final Judgment"or the"Final Judgment"). ' c. The CITY agrees to pay PLAINTIFFS Three Hundred Thousand Dollars ($300,000.00) within ten (10) business days of the execution of this Settlement Agreement and Stipulation for Consent Judgment,for which execution shall issue.The remaining indebtedness under the Consent Judgment is conditioned upon passage of the Claims Bill by the Legislature of the State of Florida. d. PLAINTIFFS acknowledge and agree that after the CITY has paid its Three Hundred Thousand Dollars ($300,000.00) sovereign immunity cap to PLAINTIFFS, the only remaining indebtedness under the Consent Judgment is the Excess Amount,i.e,,.One Million Seven Hundred Thousand Dollars ($1,700,000.00), payment of which is conditioned upon passage of the os N.MATHURIN L.JANVIER ITY • Page 4 of 12 CamS canner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 Claims Bill by the Legislature of the State of Florida in favor of PLAINTIFFS and in the amount of the Excess Amount. e. The parties to this Settlement Agreement and Stipulation for Consent Judgment agree to take such action and to execute and deliver all such documents,instruments,or writings as are necessary to effectuate and fully perform all conditions or requirements of this Settlement Agreement and Stipulation for Consent Judgment. f. PLAINTIFFS shall have the sole responsibility of drafting and filing their Claims Bill application and other appropriate documents as necessary for filing with the Legislature of the State of Florida. The CITY shall provide to PLAINTIFFS any and all pertinent requested documents or information within its custody or control within a reasonable time. g. The CITY agrees to affirmatively cooperate with PLAINTIFFS in their application to the Legislature of the State of Florida for the passage of the.Claims Bill, and further agrees that such affirmative cooperation shall include,if requested by PLAINTIFFS,attendance by an appropriate representative or representatives of the City in the legislative claims bill process,to the extent necessary,to advise the Legislature of the State of Florida or its special master that the CITY believes the passage of the Claims Bill is in its best interest. h. PLAINTIFFS acknowledge and agree that the CITY has no control over the Legislature of the State of Florida and that if the Legislature, for whatever reason,alters,modifies or otherwise changes the obligations of the CITY.including,but not limited to,modifying the amount of PLAINTIFFS'Claims Bill,PLAINTIFFS shall accept such amount as full and final settlement of their Claims against the City,including but not limited to the Lawsuit.Nothing herein shall be construed to be a waiver of PLAINTIFFS'right to administratively challenge or appeal any determination made by the Legislature of the State of Florida. • • os .M L N..MATHURIN L.JANVIER Page 5 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 i. PLAINTIFFS and the CITY acknowledge and agree that this settlement does not represent an admission of fault by the CITY,but rather is the compromise resolution of disputed claims. j. The CITY shall pay to PLAINTIFFS the amount of any Claims Bill passed by the Legislature of the State of Florida in favor of Plaintiffs in compromise settlement of any and all Claims against the City,including but not limited to the Lawsuit,within twenty(20)business days of such Claims Bill becoming law,and PLAINTIFFS shall give the CITY a satisfaction of the complete indebtedness under the Consent Judgment within twenty (20) business days after receipt of said proceeds: k. The Final Judgment shall be subject to the covenants and terms of this Settlement Agreement and Stipulation for Consent Judgment. 1. The Court presiding over the Lawsuit shall retain jurisdiction to enforce the terms of this Settlement Agreement and Stipulation for Consent Judgment: m. Should the Claims Bill not be enacted and signed into law in the 2025 legislative session,-the parties hereto acknowledge and agree that PLAINTIFFS may re-apply to.the Legislature of the State of Florida for passage of the Claims Bill each and every succeeding year until such time as the Legislature of the State of Florida passes the Claims Bill and it is signed into law by the Governor. n. It is the desire of the parties to this Settlement Agreement and Stipulation for Consent Judgment that any court which may be called upon to construe this Settlement Agreement and Stipulation for Consent Judgment will give effect to the intention of the parties hereto,provided that such action will be brought in the Eleventh Judicial Circuit in and for Miami-Dade County,Florida. 2. No.Further Lawsuits or Claims. PLAINTIFFS agree that they will not hereafter pursue,initiate,or cause to be instituted any • lawsuit against the CITY or any party released herein,including but not limited to any c r former N N.MATHURIN L.JANVIER Gl1•- Page 6 of 12 rig Cam Scanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 employee of the City,based upon Claims that are released herein. PLAINTIFFS represent that they do not currently have pending before any court or any federal,state or local agency any dispute of any kind against the CITY or any party released herein other than the Lawsuit. 3. Full and General Waiver and Release of all Claims. In exchange for the consideration described in this Settlement Agreement and Stipulation for Consent Judgment,PLAINTIFFS irrevocably,knowingly,and voluntarily release,waive,and forever discharge any and all claims,demands,actions,or causes of action,of any kind whatsoever,known or unknown,foreseen or unforeseen,foreseeable or unforeseeable,and any consequences thereof,which he has or may have against the CITY or any party released herein from the beginning of the world until the effective date of this Agreement. The disputes released by PLAINTIFFS include, but are not limited to,any and all disputes against the CITY arising out of the incident on.August 16,2022. The disputes released by PLAINTIFFS include those known or unknown,actual or contingent, in law, in equity, or otherwise and whether based in tort, contract, statute, or any other basis. This release includes all disputes for which PLAINTIFFS could seek equitable relief, and actual, compensatory, consequential, liquidated, punitive, special, multiple or other damages, expenses (including attorneys'fees and costs),and all other reimbursements or charges of any kind. The disputes released by PLAINTIFFS include,but are not limited to,any claim(s)under: • Florida's Workers'Compensation Law; • The Fair Labor Standards Act;or • Any other federal,state,or local civil or human rights law or any other federal,state, or local law,regulation,or ordinance. The disputes released by PLAINTIFFS also include any and all disputes they have or believe themselves to have against the CITY in contract or at common law. The reference herein to specific statutory, contract and common law claims is in no way intended to limit the disputes released by PLAINTIFFS. PLAINTIFFS intend that the disputes that they release be construed as broadly as possible to cover any and all disputes they may have or believe DS M Fa) N.MATHURIN L.JANVIER ITY Page 7 of 12 CamS canner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 themselves to have against the CITY, In that regard,PLAINTIFFS further acknowledge that they may later discover facts in addition to or different from those which they now know or believe to be true. PLAINTIFFS agree that any such difference in the facts shall not affect this Settlement Agreement and Stipulation for Consent Judgment; that they assume the risk of any such difference in the facts; and that they further agree that this Settlement Agreement and Stipulation for Consent Judgment shall remain in full force and effect and not be subject to rescission by reason of any such difference in the facts. PLAINTIFFS also agree and acknowledge that this Settlement Agreement and Stipulation for Consent Judgment is also entered into pursuant to Section 440.20(11)(c)(d)and(e),Florida Statutes, and is intended to be a complete and final settlement of any and all workers' compensation benefits under Chapter 440,Florida Statutes. PLAINTIFFS also stipulate that all accidents,injuries,repetitive traumas,exposures, and occupational diseases known to have occurred or been sustained by Peniel Janvier due to employment by the CITY have been revealed. PLAINTIFFS agree that this Settlement Agreement and Stipulation for Consent Judgment includes all accidents, occupational diseases and injuries sustained by Peniel Janvier while employed by CITY, whether reported or not. It is PLAINTIFFS'intention to fully,finally and forever resolve and release any and all disputes that they may have or believe themselves to have against the CITY with respect to any alleged acts occurring before the effective date of this Settlement Agreement and Stipulation for Consent Judgment,whether those disputes presently are known or unknown,suspected or unsuspected. 4. Tax Consequences of Settlement. PLAINTIFFS understand and agree that PLAINTIFFS will be solely and individually responsible for the payment of any and all taxes due upon the amounts paid. PLAINTIFFS further agree that they will indemnify, reimburse, and hold the CITY harmless for any and all taxes, contributions,withholdings,deductions,fees,attorneys'fees and costs,interest and/or penalties related N.MATHURIN L.JANVIER C Page 8 of 12 rig CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 to the amount of taxes, withholding, contribution and/or deduction attributable to what should have been paid by Peniel Janvier for employee taxes,but not employer taxes. 5. Independent Advice of Counsel. PLAINTIFFS and the CITY represent and declare that,in executing this Settlement Agreement and Stipulation for Consent Judgment, they relied solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently selected counsel concerning the nature,extent,and duration of their rights and claims. Specifically,PLAINTIFFS are represented by Douglas J. McCarron, Esq. and The. Haggard Law Finn, P.A., and the CITY is represented by in-house counsel at the City Attorney's Office.The Parties represent and acknowledge that in executing this Settlement Agreement and Stipulation for Consent Judgment they do not rely and have not relied on any representation or statement not set forth in this Settlement Agreement and Stipulation for Consent Judgment,whether made by the Parties,or any other person,with regard to the subject matter,basis,or effect of this Settlement Agreement and Stipulation for Consent Judgment or otherwise. 6. Governing Law and Interpretation. This Settlement Agreement and Stipulation for Consent Judgment shall be governed by and construed in accordance with the laws of the State of Florida. The language of this Settlement Agreement and Stipulation for Consent Judgment shall be construed as a whole,according to its fair meaning,and not strictly construed for or against either Party. 7. Severability. With the exception of section 1 of this Agreement,if any term or provision of this Settlement Agreement and Stipulation for Consent Judgment or.the application thereof to any person or circumstance shall,to any extent,be declared invalid,illegal or unenforceable by a court of competent jurisdiction and it cannot be modified to be enforceable,the remainder of this Settlement Agreement and Stipulation for Consent Judgment,or the application of such term or provision to ns other N.MATHURIN L.JANVIER Page 9 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 than those as to which it is held invalid, illegal or unenforceable, shall not be affected thereby. If section 1 of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction,then this Settlement Agreement and Stipulation for Consent Judgment shall be null and • void and PLAINTIFFS and their attorneys shall return any and all sums paid to them pursuant to section 1 of this Agreement. S. Disputes. In the event that any Party to this Settlement Agreement and Stipulation for Consent Judgment institutes legal proceedings for breach of the terms of this Settlement Agreement and Stipulation for Consent Judgment,it is stipulated and agreed that such a claim shall be heard and determined by the court, and not by a jury, in Miami-Dade County, Florida. PLAINTIFFS AGREE AND UNDERSTAND THAT THEY ARE WAIVING THE RIGHT TO A JURY TRIAL, IF ONE EXISTS, AS TO A CLAIM OF BREACH OF THIS SETTLEMENT AGREEMENT AND STIPULATION FOR CONSENT JUDGMENT.Furthermore,,in the event that it shall be necessary for any Party to this Settlement Agreement and Stipulation for Consent Judgment to institute legal action to enforce any of the terms and conditions or provisions contained herein,or for any breach thereof;the prevailing Party shall be entitled to costs and reasonable attorney's fees up through and including any appeals. 9. Entire Agreement Amendment. This Settlement Agreement and Stipulation for Consent Judgment and its attachment set forth the entire agreement between the Parties and supersede any and all prior agreements or understandings between the Parties. This Settlement Agreement and Stipulation for Consent Judgment may not be amended except by a written agreement signed by the Parties or signed by each one's respective administrators,trustees,personal representatives,or successors. • cYDS ).MATHURIN L.JANVIER Page'10 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 10. Headings. Section headings and subheadings are used in this Settlement Agreement and Stipulation for Consent Judgment for ease of reference only and shall not affect the meaning of any provision of this Settlement Agreement and Stipulation for Consent Judgment. 11. Execution. This Settlement Agreement and Stipulation for Consent Judgment may be executed in counterparts and an executed version of this Settlement Agreement and Stipulation for Consent Judgment,if transmitted by facsimile or if scanned and emailed,.shall be effective and binding as if it were the originally executed document. Nevertheless,PLAINTIFFS agree that they will provide to the CITY the Settlement Agreement and Stipulation for Consent Judgment with their original signatures after sending the CITY's counsel the executed Settlement Agreement and Stipulation for Consent Judgment via email. The effective date of this Settlement Agreement and Stipulation for Consent Judgment is the date it is executed by the last Party hereto. 12. Acknowledgement. PLAINTIFFS acknowledge that they have carefully read and that they understand this Settlement Agreement and Stipulation for Consent Judgment and agree that none of the.Parties have made any representations other than those contained herein.PLAINTIFFS also acknowledge that they have entered into this Settlement Agreement and Stipulation for Consent Judgment voluntarily,without any pressure or coercion, and with full knowledge of its significance, and that this Settlement Agreement and Stipulation for Consent Judgment constitutes a FULL AND ABSOLUTE SETTLEMENT AND BAR AS TO ANY AND ALL CLAIMS,including but not limited to those asserted in the Lawsuit,that PLAINTIFFS had,have,or may have against the CITY. • THE PARTIES HAVE READ, UNDERSTOOD, AND FULLY CONSIDERED THIS AGREEMENT CONSISTING 'OF THIRTEEN (13) PAGES AND ARE MUTUALLY DESIROUS OF ENTERING INTO SUCH AGREEMENT. THE TERMS OF THIS AGREEMENT ARE THE PRODUCT OF MUTUAL NEGOTIATION AND COMPROMISE. HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO FULFILL THE MISES N.MATHURIN L.JANVIER C Page 11 of.12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 SET FORTH HEREIN, AND TO RECEIVE THEREBY THE. BENEFITS SET FORTH ABOVE, PLAINTIFFS FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTER INTO THIS AGREEMENT INTENDING TO RELEASE, WAIVE, AND SETTLE ALL CLAIMS THAT THEY HAD OR MIGHT NOW HAVE AGAINST THE CITY. WHEREFO' the Parties, intending to be legally bound, execute this Agreement as of the dates set o u//-/./{mac* 4, //// ,... DoeuSigned by: �I1 � S . . . ..� I�(>cf1�.f. I1UdL�lt, NIC a s • T' N,as Co-Personal C1-1bnrf aM&AMI BEACH,FLORIDA Repr• entative of the Estate of Peniel Janvier Date: (p/5/2.O2 4 Type/Print Name: STATE OF FLORIDA ) Title: - ) COUNTY OF, trtru'e, ) Date: The foregoing instrument was swo to and subscribed bef re n e this day of ; ,2024,by /(o e /17 din,who is p' known to 4c„••, "NIEU GRAYDON me or who has produced 'Ppk Notary Put&-State of Florida P ? Li Commission Y HH 516859 (type of identi s cation)as identification. a.o ' My Comm.Expires May 15,2028 Bonded through National Notary Assn. • 'Y P IC STA F FLORIDA atAt 'ra-e/C) (Pnnt,Type or Stamp Commissi ned Name of Notary Public) A1/141~1-- 3-12eAAAA- LUCMANNE JANVIER,as Co-Personal Representative of the Estate of Peniel Janvier Date: (o 16 11.024 • STATE OF FLORIDA ) COUNTY OFAThidard ) APPROVED AS TO ' FORM&LANGUAGE The foregoing instrument was swq to and subscribed &FOR EXECUTION b fore me this day of aG ,2024,by (,//(/74r/40_ Yfirwho is p ly known to me or who has produced (o/,3)22z„4-. (type of identification)as identification. ' City Attorney Date Clit N TARYC� STA �pFA ce i GK 0n °••j1'� DANIELE GRAYDON ` I f,.. tint,T e or Stamp Co toted Name of Notary Public) - Notary Public-State of Florida YP P !IV: �,' ' Commission M HH 516559 I pi , My Comm.Expires May 15,1025 1 Bonded through National Notary Ann. DS N.MATHURIN L.JANVIER C Page 12 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A61308 SETTLEMENT AGREEMENT AND STIPULATION.FOR CONSENT JUDGMENT This SETTLEMENT AGREEMENT AND STIPULATION FOR CONSENT.JUDGMENT ("Agreement") is entered into by NICOLE MATHURIN AND LUCMANNE JANVIER AS CO- PERSONAL REPRESENTATIVES OF THE ESTATE OF PENIEL JANVIER("PLAINTIFFS")and the CITY OF MIAMI BEACH to settle claims that are currently in dispute.The CITY OF MIAMI BEACH is defined to include any and all related entities and subdivisions,as well as all respective former and current elected officials,city managers,city attorneys,city clerks,directors,administrators, agents, department heads, supervisors, employees, attorneys, representatives, insurers, and officials (all in their official and individual capacities), as well as their heirs, executors, administrators, predecessors,successors,insurers,assigns,and all other persons,partnerships,firms or corporations, and their insurers who are related to the CITY OF MIAMI BEACH,and all will be collectively referred to in this Agreement as the"CITY".unless specifically otherwise noted for purposes of a particular section. WHEREAS, on March 22, 2023, PLAINTIFFS initiated litigation against the CITY in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,Florida,Case No.2023- 013411-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 arising out Of or relating to the Lawsuit and/or the incident on August 16,2022;and DS N.MATHURIN L.JANVIER Page 1 of 12 131 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 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 and the CITY acknowledge that the potential jury verdict in the Lawsuit could be in excess of the Settlement Amount and that it is reasonable for the CITY to fix its maximum exposure for the Claims;and WHEREAS,the CITY has denied liability for the Claims,and it is agreed that this settlement does not represent an admission of fault by the CITY, but rather is the compromise resolution of disputed claims;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,the parties hereto acknowledge that it is in the best interests of PLAINTIFFS and the CITY to settle the Claims so that PLAINTIFFS receive some compensation for the death of Peniel Janvier,while at the same time streamlining the Claims Bill process and capping the CITY's potential monetary exposure;and WHEREAS, the CITY agrees to submit to a Consent Judgment for Two Million Dollars ($2,000,000.00),of which the CITY shall pay PLAINTIFFS its sovereign immunity cap in the amount of Three Hundred Thousand Dollars($300,000.00)within ten(10)business days of the execution of this Settlement Agreement and Stipulation for Consent Judgment. After the CITY has paid its sovereign immunity cap of Three Hundred Thousand Dollars($300,000.00)to PLAINTIFFS,the only indebtedness that shall remain collectible against the CITY under the Consent Judgment entered in the Lawsuit will be One Million Seven Hundred Thousand Dollars ($1,700,000.00), i.e., the Excess Amount;and Ds N.MATHURIN L.JANVIER L.1TY Page 2 of 12 110 CamScanner DocuSign Envelope ID:.89213C5B-7C74-4E31-8C08-830C65A613D8 WHEREAS,the payment of the Excess Amount is conditioned upon the passage of the Claims Bill by the Legislature of the State of Florida in favor of PLAINTIFFS;and WHEREAS,PLAINTIFFS shall have the sole responsibility of drafting and filing the Claims Bill application and other appropriate documents as necessary for filing with the Legislature of the State of Florida;and WHEREAS, the CITY shall provide to PLAINTIFFS any and all pertinent requested documents or information within its custody or control within a reasonable time;and WHEREAS, the CITY agrees not to oppose PLAINTIFFS in their application to the Legislature of the State of Florida for the passage of the Claims Bill;and WHEREAS,the CITY agrees to affirmatively cooperate with PLAINTIFFS in their application to the Legislature of the State of Florida for the passage of the Claims Bill,and further agrees that such affirmative cooperation shall include, if requested by PLAINTIFFS, attendance by an appnupriate representative or representatives of the City in the legislative claims bill process, to the extent necessary,to advise the Legislature of the State of Florida or its special master that the CITY believes the passage of the Claims Bill is in its best interest;and WHEREAS,it is the intent of PLAINTIFFS and the CITY that should the Claims Bill not be enacted and signed into law in the 2025 legislative session, PLAINTIFFS may re-apply to the Legislature of the State of Florida for passage of the Claims Bill each and every succeeding year until such time as the Legislature of the State of Florida passes the Claims Bill and it is signed into law by the Governor;and WHEREAS,it is the intent of PLAINTIFFS and the CITY that the rejection of the Claims Bill by the.Legislature of the State of Florida or the Governor's failure to sign any claims bill passed by the Legislature of the State of Florida in favor of Plaintiffs is effective only in the legislative session where such rejection or failure took place and does not preclude Plaintiffs from re-applying to the Legislature of the State of Florida for passage of the Claims Bill in succeeding legislative sessions; s M N.MATHURIN L.JANVIER • Page 3 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 WHEREAS,it is the intent of PLAINTIFFS and the CITY that there is no limitation as to the number of times PLAINTIFFS may apply to the Legislature of the State of Florida for the passage of the Claims Bill in the event the Claims Bill is not passed by the Legislature of the State of Florida and signed into law by the Governor in the 2025 legislative session. NOW,THEREFORE,in consideration of their mutual promises and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties,intending to be legally bound,agree as follows: 1. Consideration. a. The CITY agrees to pay,to the extent permitted by the Legislature of the State of Florida, and PLAINTIFFS agree to accept, a total of Two Million Dollars ($2,000,000.00) as a compromise settlement of any and all Claims against the CITY arising out of or relating to the Lawsuit and/or the incident on August 16,2022. b. The CITY stipulates and consents to the entry of a Consent'Judgment in favor of PLAINTIFFS and against it in the amount of Two Million Dollars($2,000,000.00)(the"Consent Judgment"or the"Consent.Final Judgment"or the"Final Judgment"). ' c. The CITY agrees to pay PLAINTIFFS Three Hundred Thousand Dollars ($300,000.00) within ten (10) business days of the execution of this Settlement Agreement and Stipulation for Consent Judgment,for which execution shall issue.The remaining indebtedness under the Consent Judgment is conditioned upon passage of the Claims Bill by the Legislature of the State of Florida. d. PLAINTIFFS acknowledge and agree that after the CITY has paid its Three Hundred Thousand Dollars ($300,000.00) sovereign immunity cap to PLAINTIFFS, the only remaining indebtedness under the Consent Judgment is the Excess Amount,i.e„One Million Seven Hundred Thousand Dollars ($1,700,000.00), payment of which is conditioned upon passage of the DS N.MATHURIN L.JANVIER Page 4 of 12 goCam Scanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 Claims Bill by the Legislature of the State of Florida in favor of.PLAINTIFFS and in the amount of the Excess Amount. a. The parties to this Settlement Agreement and Stipulation for Consent Judgment agree to take such.action and to execute and deliver all such documents,instruments,or writings as are necessary to effectuate and fully perform all conditions or requirements of this Settlement Agreement and Stipulation for Consent Judgment. f. PLAINTIFFS shall have the sole responsibility of drafting and filing their Claims Bill application and other appropriate documents as necessary for filing with the Legislature of the State of Florida. The CITY shall provide to PLAINTIFFS any and all pertinent requested documents or information within its custody or control within a reasonable time. g. The CITY agrees to affirmatively cooperate with PLAINTIFFS in their application to the Legislature of the State of Florida for the passage of the Claims Bill, and further agrees that such affirmative cooperation shall include,if requested by PLAINTIFFS,attendance by an appropriate representative or representatives of the City in the legislative claims bill process,to the extent necessary,to advise the Legislature of the State of Florida or its special master that the CTTY believes the passage of the Claims Bill is in its best interest. h. PLAINTIFFS acknowledge and agree that the CITY has no control over the Legislature of the State of Florida and that if the Legislature, for whatever reason,alters,modifies or otherwise changes the obligations of the CITY including,but.not limited to,modifying the amount of PLAINTIFFS'Claims Bill,PLAINTIFFS shall accept such amount as full and final settlement of their Claims against the City,including but not limited to the Lawsuit.Nothing herein shall be construed to be a waiver of PLAINTIFFS'right to administratively challenge or appeal any determination made by the Legislature of the State of Florida, ' DS N L•� N.MATHURIN L.JANYIER C;1 i Y Page 5 of 12. 131 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 i. PLAINTIFFS and the CITY acknowledge and agree that this settlement does not represent an admission of fault by the.CITY,but rather is the compromise resolution of disputed claims. j. The CITY shall pay to PLAINTIFFS the amount of any Claims Bill passed by the Legislature of the State of Florida in favor of Plaintiffs in compromise settlement of any and all Claims against the City,including but not limited to the Lawsuit,within twenty(20)business days of such Claims Bill becoming law,and PLAINTIFFS shall give the CITY a satisfaction of the complete indebtedness under the Consent Judgment within twenty (20) business days after receipt of said proceeds. k. The Final Judgment shall be subject to the covenants and terms of this Settlement Agreement and Stipulation for Consent Judgment. 1. The Court presiding over the Lawsuit shall retain jurisdiction to enforce the teams of this Settlement Agreement and Stipulation for Consent Judgment: m. Should the Claims Bill not be enacted and signed into law in the 2025 legislative session,the parties hereto acknowledge and agree that PLAINTIFFS may re-apply to the Legislature of the State of Florida for passage of the Claims Bill each and every succeeding year until such time as the Legislature of the State of Florida passes the Claims Bill and it is signed into law by the Governor. n. It is the desire of the parties to this Settlement Agreement and Stipulation for Consent Judgment that any court which may be called upon to construe this Settlement Agreement and Stipulation for Consent Judgment will give effect to the intention of the parties hereto,provided that such action will be brought in the Eleventh Judicial Circuit in and for Miami-Dade County,Florida. 2. No Further Lawsuits or Claims. PLAINTIFFS agree that they will not hereafter pursue,initiate,or cause to be instituted any lawsuit against the CITY or any party released herein,including but not limited to any c r former N.MATHURIN L.JANVIER (a t.Y Page 6 of 12 eil CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 employee of the City,based upon Claims that are released herein. PLAINTIFFS represent that they do not currently have pending before any court or any federal,state or local agency any dispute of any kind against the CITY or any party released herein other than the Lawsuit. 3. Full and General Waiver and Release of all Claims. In exchange for the consideration described in this Settlement Agreement and Stipulation for Consent Judgment,PLAINTIFFS irrevocably,knowingly,and voluntarily release,waive,and forever discharge any and all claims,demands,actions,or causes of action,of any kind whatsoever,known or unknown,foreseen or unforeseen,foreseeable or unforeseeable,and any consequences thereof,which he has or may have against the CITY or any party released herein from the beginning of the world until the effective date of this Agreement. The disputes released by PLAINTIFFS include, but are not limited to,any and all disputes against the CITY arising out of the incident on August 16,2022. The disputes released by PLAINTIFFS include those known or unknown,actual or contingent, in law,in equity, or otherwise and whether based in tort, contract, statute, or any other basis. This release includes all disputes for which PLAINTIFFS could seek equitable relief, and actual, compensatory, consequential, liquidated, punitive, special, multiple or other damages, expenses (including attorneys'fees and costs),and all other reimbursements or charges of any kind. The disputes released by PLAINTIFFS include,but are not limited to,any claim(s)under: • Florida's Workers'Compensation Law; • The Fair Labor Standards Act;or • Any other federal,state,or local civil or human rights law or any other federal,state, or local law,regulation,or ordinance. The disputes released by PLAINTIFFS also include any and all disputes they have or believe themselves to have against the CITY in contractor at common law. The reference herein to specific statutory, contract and common law claims is in no way intended to limit the disputes released by PLAINTIFFS. PLAINTIFFS intend that the disputes that they release be construed as broadly as possible to cover any and all disputes they may have or believe DS N.MATHURIN L.JANVIER ITY Page 7 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 themselves to have against the CITY, In that regard,PLAINTIFFS further acknowledge that they may later discover facts in addition to or different from those which they now know or believe to be true. PLAINTIFFS agree that any such difference in the facts shall not affect this Settlement Agreement and Stipulation for Consent Judgment; that they assume the risk of any such difference in the facts; and that they further agree that this Settlement Agreement and Stipulation for Consent Judgment shall remain in full force and effect and not be subject to rescission by reason of any such difference in the facts. PLAINTIFFS also agree and acknowledge that this Settlement Agreement and Stipulation for Consent Judgment is also entered into pursuant to Section 440.20(11)(c)(d)and(e),Florida Statutes, and is intended to be a complete and final settlement of any and all workers' compensation benefits under Chapter 440,Florida Statutes: PLAINTIFFS also stipulate that all accidents,injuries,repetitive traumas, exposures, and occupational diseases known to have occurred or been sustained by Peniel Janvier due to employment by the CITY have been revealed. PLAINTIFFS agree that this Settlement Agreement and Stipulation for Consent Judgment includes all accidents, occupational diseases and injuries sustained by Peniel Janvier while employed by CITY, whether reported or not. It is PLAINTIFFS'intention to fully,finally and forever resolve and release any and all disputes that they may have or believe themselves to have against the CITY with respect to any alleged acts occurring before the effective date of this Settlement Agreement and Stipulation for Consent Judgment,whether those disputes presently are known or unknown,suspected or unsuspected. 4. Tax Consequences of Settlement. PLAINTIFFS understand and agree that PLAINTIFFS will be solely and individually responsible for the payment of'any and all taxes due upon the amounts.paid. PLAINTIFFS further agree that they will indemnify, reimburse, and hold the CITY harmless for any and all taxes, contributions,withholdings,deductions,fees,attorneys'fees and costs,interest and/or penalties related IIDS N.MATHURIN L.JANVIER C Page 8 of 12 131 CamS canner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 to the amount of taxes, withholding, contribution and/or deduction attributable to what should have been paid by Peniel Janvier for employee taxes,but not employer taxes. 5. Independent Advice of Counsel. PLAINTIFFS and the CITY represent and declare that,in executing this Settlement Agreement • and Stipulation for Consent Judgment, they relied solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently selected counsel concerning the nature,extent,and duration of their rights and claims. Specifically,PLAINTIFFS are represented by Douglas J. McCarron, Esq. and The Haggard Law Finn, P.A., and the CITY is represented by in-house counsel at the.City Attorney?s Office:The Parties represent and acknowledge that in executing this Settlement Agreement and Stipulation for Consent Judgment they do not rely and have not relied on any representation or statement'not set forth in this Settlement Agreement and Stipulation for Consent Judgment;whether made by the Parties,or any other person,with regard to the subject matter,basis,Or effect of this Settlement Agreement and.Stipulation for Consent Judgment or otherwise. • 6. Governing Law and Interpretation. This Settlement Agreement and-Stipulation for Consent Judgment shall be governed by and Construed in accordance with the laws of the State of Florida. The language of this Settlement Agreement and Stipulation for Consent Judgment shall be construed as a whole,according to its fair • meaning,andnot strictly construed for or against either Party. 7. Severability. With the exception of section 1 of this Agreement,if any tern or provision of this Settlement Agreement and Stipulation for Consent Judgment or the application thereof to any person or circumstance shall,to any extent,be declared invalid,-illegal or unenforceableby a court of competent . jurisdiction and it cannot"be modified to be enforceable,the.remainder.of this Settlement Agreement and Stipulation for Consent Judgment,or the application of such term or provision to ns other V:MATHURIN L.JANVIER C Page 9 of 12 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A61.3D8 than those as to which it is held invalid, illegal or unenforceable, shall not be affected thereby. If section 1 of this Agreement is held to be invalid,,illegal or unenforceable by a court of competent jurisdiction,then this Settlement Agreement and Stipulation for Consent Judgment shall be null and void and PLAINTIFFS and their attorneys shall return any and all sums paid to them pursuant to section 1 of this Agreement. 8. Disputes. In the event that any Party to this Settlement Agreement and Stipulation for Consent Judgment institutes legal proceedings for breach of the terms of this Settlement Agreement and Stipulation for Consent Judgment,it is stipulated and agreed that such a claim shall be heard and determined by the court, and not by a jury, in Miami-Dade County, Florida. PLAINTIFFS AGREE AND UNDERSTAND THAT THEY ARE WAIVING THE RIGHT TO A JURY TRIAL, IF ONE EXISTS, AS TO A CLAIM OF BREACH OF THIS SETTLEMENT AGREEMENT AND STIPULATION FOR CONSENT JUDGMENT..Furthermore,in the event that it shall benecessary for any Party to this Settlement Agreement and Stipulation for Consent Judgment to institute legal action to enforce any of the terms and conditions or provisions contained herein,or for any breach thereof,the prevailing Party shall be entitled to costs and reasonable attomy's fees up through and including any appeals. 9. Entire Agreement;Amendment. This Settlement Agreement and'Stipulation.for Consent Judgment and its attachment set forth the entire agreement between the Parties and supersede anyand all prior agreements or understandings between the Parties. This Settlement Agreement and Stipulation for Consent Judgment may not be amended except by a written agreement signed by the Parties or signed by each one's respective administrators,trustees,personal representatives,or successors. DS MATHURIN L.JAIVVIER ITY Page'10 of 12. CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 10. Headings. Section headings and subheadings are used in this Settlement Agreement and Stipulation for Consent Judgment for ease of reference only and shall not affect the meaning of any provision of this Settlement Agreement and Stipulation for Consent Judgment. 11. Execution. This Settlement Agreement and Stipulation for Consent Judgment may be executed in counterparts and an executed version of this Settlement Agreement and Stipulation for Consent Judgment,if transmitted by facsimile or if scanned and emailed,shall be effective and binding as if it were the originally executed document. Nevertheless, PLAINTIFFS agree that they will provide to the CITY the Settlement Agreement and Stipulation for Consent Judgment with their original signatures after sending the CITY's counsel the executed Settlement Agreement and Stipulation for Consent Judgment via email. The effective date of this Settlement Agreement and Stipulation for Consent Judgment is the date it is executed by the last Party hereto. 12. Acknowledgement. PLAINTIFFS acknowledge that they have carefully read and that they understand this Settlement Agreement and Stipulation for Consent Judgment and agree that none of the Parties have made any representations other than those contained herein.PLAINTIFFS also acknowledge that they have entered into this Settlement Agreement and Stipulation for Consent Judgment voluntarily,without any pressure or coercion, and with full knowledge of its significance, and that this Settlement Agreement and Stipulation for Consent Judgment constitutes a FULL AND ABSOLUTE SETTLEMENT AND BAR AS TO ANY AND ALL CLAIMS,including but not limited to those asserted in the Lawsuit,that PLAINTIFFS had,have,or may have against the CITY. THE PARTIES HAVE READ, UNDERSTOOD, AND FULLY CONSIDERED THIS AGREEMENT CONSISTING OF THIRTEEN (13) PAGES AND ARE MUTUALLY DESIROUS OF ENTERING INTO SUCH AGREEMENT. THE TERMS OF THIS AGREEMENT ARE THE PRODUCT OF MUTUAL NEGOTIATION AND COMPROMISE. HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO FULFILL THE MISES i\A L z5 N.MATHURIN L.JANVIER C 1 y Page 11 of 12 133 CamScanner DocuSign Envelope ID:89213C5B-7C74-4E31-8C08-830C65A613D8 SET FORTH HEREIN, AND TO RECEIVE THEREBY THE BENEFITS SET FORTH ABOVE, PLAINTIFFS FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTER INTO THIS AGREEMENT INTENDING TO RELEASE, WAIVE, AND SETTLE ALL CLAIMS THAT THEY HAD OR MIGHT NOW HAVE AGAINST THE CITY. WHEREFO' A0 the Parties, intending to be legally bound, execute this.Agreement as of the dates set o it `i r7DocuSigned by: / i: . rick,111. Girl!;,mc mC s : MA • ' N,as Co-Personal CIWOF3MIAMI BEACH,FLORIDA Repr- entative of the Estate of Peniel Janvier Date: 0I 5/2-O2. } Type/Print Name: STATE OF FLORIDA ) Title: . - ` , COUNTY OF eft NICYL ) Date: , The foregoing instrument was swo to :,d subscribed bet're n}e this day of _,_, ,2024,by CD e /Y1 ',zn,who is known to '7t. DANIEIE GRAYDON P, � � `Re No Publk-State of Florida me or who has produced (M" +' Commhston M NN 526859 (type of iden i cation)as identification. \.„orn,.•r'' My Comm.Expires May 15,2028 Bonded through National Notary Assn. r • w• 'Y P:;3.esteAalek-) C STAFLORIDA &cit, bra cor) (Print,Type or Stamp Commrssi ned Name of Notary Public), Zar/P0e444.0.- 312t""A-A-c.p LUCMANNE JANVIER,as Co-Personal Representative of the Estate of Peniel Janvier Date: 01 611.024 STATE OF FLORIDA ) ' COUNTY OF 1dard ) APPROVED AS TO FORM&LANGUAGE . . The foregoing instrument was sw to and subscribed &FOR EXECUTION Wore me this day of 1C,Q�.2024,by Vapid/o WV(who is pr known to (1) me or who has produced 03,Wiz._- (type of identification)as identification. City AttorneyDate N-9a1,41 TA FFLORIDA LQ U waya OM) i OANIELEGRAYDON •dnt,T e or Sunup Co ioned Name of Notary Public) 1 Notary Public•State of Florida YP P L'' ' Commission I NN 516859 p►t My Comm.Expires May 1S,102a Bonded through National Notary Assn. DS la N.MATHURIN L.JANVIER C I'Y Page 12 of 12 131 CamScanner