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Home My Public Portal AboutResolution No. 24-042 - Settlement Agreement City of Opa-locka v Dade County PBASponsored By: City Attorney RESOLUTION NO. 24-042 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT AGREEMENT IN THE CASE CITY OF OPA-LOCKA, FLORIDA v. DADE COUNTY POLICE BENEVOLENT ASSOCIATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about September 16, 2021, the City initiated litigation in Case No: 2021 -021307 -CA -01 through a Motion to Vacate Arbitration Award for which Defendant PBA was later added as a necessary party to the action. On October 15, 2021, PBA filed a Petition to Confirm Arbitration Award, Case No: 2021 -023237 - CA -01. The cases were later consolidated by agreement of the parties and the consolidation order was executed by the Court on March 9, 2022. WHEREAS, the current action is pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida under the case now styled City of Opa-Locka, Florida v. Dade County Police Benevolent Association (the "Lawsuit"); and WHEREAS, on or about February 28, 2024, the Parties agreed to settle all issues involved with this Lawsuit, including but not limited to, all claims for attorney's fees, costs, wages of any kind and claims of overtime; and WHEREAS, the City of Opa-Locka disputes the allegations and denies any liability regarding the allegations raised by PBA in the Lawsuit; and WHEREAS, the Parties now desire to amicably resolve and settle all matters at issue in order to avoid the expense of future litigation; and Resolution No. 24-042 Joa , a Flores, City Clerk WHEREAS, the parties desire to enter into a Settlement Agreement with the intended purpose of resolving all claims as set forth in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific part of this Resolution. Section 2. Approval of Settlement Agreement. The City Commission of the City of Opa-Locka hereby approves the agreement between the parties consistent with the Settlement Agreement attached hereto as Exhibit "A"; and further authorizes the City Manager to take all necessary action consistent with this Resolution. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption and This Resolution is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 18th day of March, EST: John Taylor Jr., Mayor 2 Resolution No. 24-042 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ��, / BuriYadette Norris -Weeks, P.A. F City Attorney Moved by: Commissioner Williams Seconded by: Vice Mayor Ervin VOTE: 4-0 Commissioner Bass ABSENT Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES 3 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and General Release ("Agreement") is entered into by and between Plaintiff, City of Opa-Locka, Florida ("PLAINTIFF/CITY"), and Defendant, Dade County Police Benevolent Association the ("PBA"). The Parties are collectively hereby referred to as the "Parties." WHEREAS, this case stems from a termination of Officer Jamesha McKinney that was later heard before arbitrator Jerome Wolfson. WHEREAS, on or about September 16, 2021, the City initiated litigation in Case No: 2021 -021307 -CA -01 through a Motion to Vacate Arbitration Award for which Defendant PBA was later added as a necessary party to the action. On October 15, 2021, PBA filed a Petition to Confirm Arbitration Award, Case No: 2021 -023237 -CA -01. The cases were later consolidated by agreement of the parties and the consolidation order was executed by the Court on March 9, 2022. WHEREAS, the current action is pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida under the case now styled City of Opa-Locka, Florida v. Dade County Police Benevolent Association (the "Lawsuit"); and WHEREAS, on or about February 28, 2024, the Parties agreed to settle all issues involved with this Lawsuit, including but not limited to, all claims for attorneys fees, costs, wages of any kind and claims of overtime; and WHEREAS, the City of Opa-Locka disputes the allegations and denies any liability regarding the allegations raised by PBA in the Lawsuit; and WHEREAS, the Parties now desire to amicably resolve and settle all matters at issue in order to avoid the expense of future litigation. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, intending to be legally bound, hereby agree and covenant as follows: 1. Incorporation of Recitals: The above recitals are true and accurate and are incorporated herein by reference. 2. Effective Date: The Effective Date of this Agreement is the date the last party (here, the City) signs the Agreement. 3 Settlement: The Parties agree to settle this Lawsuit with the CITY paying Officer Jamesha McKinney an amount of $50,000 as full and final settlement for all present and future claims, whatsoever. The parties agree that no further hearings are necessary in this case and further waive any claim(s) for additional fees and costs of any kind related to the Lawsuit. The parties agree to file a joint motion requesting an Order from the Court dismissing this action and further waive any and all claims that are or may have been contemplated as a result of the Lawsuit forever going forward. 4. Costs and Attorney's Fees: The Parties to this Settlement Agreement agree that PBA shall be paid $7,000.00 for attorneys fees for the entire litigation action and that each party shall bear its own costs. 5. Release of All Claims: As part and parcel of this Agreement, PBA and Jamesha McKinney, their heirs, executors and administrators, assignors, successors and survivors, partners, family members, attorneys, hereby release, acquit, satisfy, and forever discharge the CITY, and its Commissioners, staff, affiliates, corporations, attorneys, principals, directors, board members, subsidiaries, officers, directors, family members, representatives, from any and all actions and causes of actions, damages, judgments, claims, counterclaims and demands whatsoever, liquidated or un-liquidated, contingent or fixed, known or unknown, determined or undetermined at law or in equity which they now have or may have from the beginning of time to the date of these presents and that otherwise could have been brought against the CITY in the Lawsuit. 6. Enforcement of Agreement: the Parties agree that any good faith dispute regarding the terms and conditions herein shall be resolved in the Eleventh Judicial Circuit in and for Miami - Dade County, FL. 7. Representation by Counsel: the Parties acknowledge that they have had a full opportunity to read this Agreement and have had the benefit of counsel in reviewing the Agreement. 8. Miscellaneous: • No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought. • This Agreement contains the entire agreement between the Parties hereto and all prior or contemporaneous agreements, understandings, representations and settlements, oral or written, are merged herein. • This Agreement shall be strictly construed in accordance with the laws of the State of Florida. • This Agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective successors and assigns. • The representations, warranties, covenants, agreements and indemnities of the Parties hereto made in this Agreement, or any certificate or document delivered pursuant hereto, shall remain operative and survive execution and delivery. • The Parties hereto, at any time and from time to time, following the execution hereof, shall execute and deliver all such further instruments or documents and take all such further action as may be reasonably required to carry out the terms, conditions and provisions of this Agreement. • This Agreement may be executed in any number of counterparts hereto in separate counterparts, each of which when so executed shall be deemed to be an original and shall be binding upon all Parties, their successors and assigns, and all of which taken together shall constitute one and the same agreement. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons or entity may require. • All sections, titles or captions contained in this Agreement are for convenience only and shall not be deemed to be a part of this Agreement, and shall not affect the meaning or interpretation of this Agreement. • The Parties to this Agreement intend that time shall be of the essence and that the performance of all duties, obligations and activities contemplated hereunder be done in strict compliance with the terms, provisions and procedures contained in this Agreement. Whenever any date or time is specified in this Agreement, strict adherence shall be required. However, unforeseen events, such as force majeure, weather, acts of war, and strikes shall excuse a party who makes a good faith effort to comply with the time specified within this Agreement, but cannot timely comply due to one of the aforementioned events, or a similar event. Under such circumstances, the performing party will be required to perform within a reasonable period of time. IN WITNESS WHEREOF, this Settlement Agreement has been duly executed by the undersigned Parties. Executed this day of , 2024. CITY MANAGER CITY CLERK Jamesha McKinney ("Employee") Daniel Vazquez, Esquire PBA Representative STATE OF FLORIDA COUNTY OF MIAMI- DADE Sworn to and subscribed before me by , this day of . 2024. he is personally known to me, OR has produced as identification. NOTARY PUBLIC (NOTARY STAMP) Print Name Executed this day of , 2024. By Print Name Title: