HomeMy Public PortalAbout09-7403 Settlement Agreement with Roberto Leal Sponsored by: City Manager
RESOLUTION NO. n A-7 4 n 1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
SETTLEMENT AGREEMENT IN THE MATTER OF
ROBERTO LEAL VS. CITY OF OPA-LOCKA AND
AUTHORIZING THE CITY MANAGER TO MAKE
PAYMENT TO ROBERTO LEAL IN THE AMOUNT OF
THREE THOUSAND FIVE HUNDRED DOLLARS
($3,500.00), PAYABLE FROM ACCOUNT NO. 21-521140 AS
FULL AND FINAL SETTLEMENT OF ALL CLAIMS
AGAINST THE CITY OF OPA-LOCKA; FURTHER
AUTHORIZING PAYMENT OF TWO THOUSAND FOUR
HUNDRED DOLLARS ($2,400.00) ON BEHALF OF
ROBERTO LEAL, TO EDDY O. MARBAN, ESQ. FOR
ATTORNEY FEES AND COSTS, PAYABLE FROM
ACCOUNT NUMBER 28-514390
WHEREAS, Roberto Leal ("Leal") was an employee and former Police Officer with the
City of Opa-locka("City"); and
WHEREAS, Leal contends that he is owed overtime pay by the City for work performed
while employed by the City's Police Department; and
WHEREAS, the City Manager recommends that the City enter into a settlement in the
amount of Three Thousand Five Hundred Dollars ($3,500.00) for full and final settlement of
Leal's claim against the City; and
WHEREAS, the City agrees to pay the amount of Two Thousand Four Hundred Dollars
($2,400.00) for attorney fees and costs to Leal's attorney, Eddy O. Marban, Esq.; and
WHEREAS, the City Manager is requesting authorization from the City Commission of
the City of Opa-locka ("City Commission") to pay the settlement amounts to Leal, as full and
final settlement of Leal's claim and any other related claims against the City.
Resolution No. 0 9—7 4 0 3
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to pay the settlement amounts of Three Thousand Five Hundred Dollars ($3,500.00) to
Roberto Leal, payable from Account No. 21-521140 and Two Thousand Four Hundred Dollars
($2,400.00) for attorney fees and costs to Leal's attorney, Eddy O. Marban, Esq., payable from
Account No. 28-514390, as full and final settlement of any and all claims by Leal against the
City.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14 day of JANUARY _, 2009.
P ,. 1 LEY
MA OR
Attest: Approved as to form and legal sufficiency:
er orah S. I .y Burnadette Norris-Weeks
City Clerk City Attorney
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Taylor: YES
Mayor Kelley: YES
SETTLEMENT, RELEASE AND CONFIDENTIALITY AGREEMENT
THIS SETTLEMENT, RELEASE AND CONFIDENTIALITY AGREEMENT (the
"AGREEMENT")is made this day of ,2009,by and between Roberto Leal
("LEAL") and The City of Opa-Locka, a Florida corporation, and its parents, subsidiaries or
affiliated corporations ("the Company").
In consideration of mutual promises and covenants contained herein, and other good and
valuable consideration,the receipt and adequacy of which is hereby acknowledged, and in order to
fully and completely compromise, settle and resolve all existing disputes, disagreements, and
controversies, known or unknown, the parties hereby agree as follows:
I. TERMS OF PAYMENT. As consideration for the release of any and all claims that
LEAL may have against the Company as of the date of execution of this AGREEMENT, the
Company agrees to pay and deliver to the Law Offices of Eddy O. Marban, FIVE THOUSAND
NINE HUNDRED AND 00/100 DOLLARS ($5,900.00), payable within five(5)business days of
LEAL's execution of this AGREEMENT, as follows:
A) Three Thousand Five Hundred and 00/100 Dollars($3,500.00),made payable
to "Roberto Leal"; and
B) Two Thousand Four Hundred and 00/100 Dollars($2,400.00),made payable
to "Eddy O. Marban,Esq.,"representing LEAL's attorney's fees and costs.
The parties agree that this sum is being paid for alleged Fair Labor Standards Act violations.
LEAL agrees to indemnify and hold harmless the Company from and against any and all liability that
the Company may sustain as a result of claims, demands, costs, or judgments relating to these
payments. The Company shall report for tax purposes these payments with a Form 1099 using a tax
I.D. number and Social Security number to be furnished by LEAL and/or his attorney.
LEAL further represents that he and his legal representatives alone are entitled to the
settlement funds received and there are no claims or liens whatsoever made to these funds by any
other party, including any claims made by any insurance carrier. In the event that amounts paid to
LEAL pursuant to this AGREEMENT are subject to any claims,liens or subrogated interests,LEAL
agrees to indemnify and hold harmless the Company from and against any and all liability that the
Company may sustain as a result of such claims, liens or subrogated interests.
II.RELEASE. LEAL agrees to fully release the Company from any and all claims that he
may have against it from the beginning of time until the date of this agreement, and to waive any
right to recover in any action which may be brought on his behalf by any person or entity,including
any governmental agency such as the U.S. Department of Labor, U.S. Equal Employment
Opportunity Commission,The Florida Commission on Human Relations or the Department of Labor
(the named agencies are meant to be illustrative rather than all-inclusive). Similarly,the Company
hereby fully releases LEAL from any claims that it may have against him from the beginning of time
until now.
III.VOLUNTARY DISMISSAL OF SUIT. The parties hereto agree that,upon the final
payment of all sums due pursuant to Paragraph I of this AGREEMENT,counsel for the parties shall
deliver an Order for execution by the Court which dismisses the following action, with prejudice,
including the class-action,each party bearing its own costs and fees,and which reserves jurisdiction
to enforce the AGREEMENT: In the United States District Court, Southern District of Florida,
styled: Roberto Leal, and others similarly-situated vs. The City of Opa-Locka, a Florida
municipality, Case No. 09-23259-CIV-KING/Bandstra.
IV. NON-ADMISSION OF LIABILITY. It is understood and agreed that the receipt by
the parties of the consideration specified herein and the execution of this AGREEMENT is not to
be considered an admission of liability on the part of any of the parties,but is in full settlement of
disputed claims on which liability has been and is expressly denied. LEAL further acknowledges
that the consideration he is receiving is only in recognition of the costs of further litigation.
V. CONFIDENTIALITY. It is understood and agreed that the existence,terms,conditions
and monetary amount of this AGREEMENT, specifically including but not limited to the fact that
there has been a settlement, are confidential and that LEAL and his legal representatives shall not
disclose, publicize, discuss, publish or disseminate the existence, terms, conditions or monetary
amount of this AGREEMENT or the existence, terms, conditions or monetary amount of the
settlement of LEAL's claims from the time the settlement was agreed upon forward. In the event
any other person or entity asks LEAL or his legal representatives about the lawsuit or about any of
the disputes relating to LEAL's employment with the Company,LEAL and his legal representatives
shall respond only that the matter was amicably resolved and shall provide no further information.
The Company agrees that the existence, terms, conditions and monetary amount of this
AGREEMENT,specifically including but not limited to the fact that there has been a settlement,are
confidential and that the Company and its legal representatives shall not disclose,publicize,discuss,
publish or disseminate the existence,terms, conditions or monetary amount of this AGREEMENT
or the existence,terms,conditions or monetary amount of the settlement of LEAL's claims from the
time the settlement was agreed upon forward. In the event any other person or entity asks the
Company about the lawsuit or about any of the disputes relating to LEAL's employment with the
Company,the Company and its legal representatives shall respond only that the matter was amicably
resolved and shall provide no further information.
This confidentiality requirement does not preclude any of the parties or their legal
representatives from disclosing the existence, terms, conditions and monetary amount of this
AGREEMENT to their legal representatives, accountants, insurers and tax preparers or to
Government officials upon request or pursuant to subpoena,Court order or a claim by the Company
for contribution. In the event that any of these entities or individuals disclose the existence, terms,
conditions or monetary amount of this AGREEMENT to an approved individual listed, it shall be
their responsibility to advise said individual of the confidential nature of this AGREEMENT and to
secure from such individual his or her assent to be bound by this confidentiality agreement not to
disclose,publicize or discuss this AGREEMENT or any of their terms with anyone else.
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LEAL agrees that this confidentiality provision is a material element of this AGREEMENT
and is consideration for the Company entering into and executing this AGREEMENT. No action
by the Company or its parents, subsidiaries,affiliated corporations or representatives shall be taken
as a waiver of the Company's right to insist that LEAL, and those individuals to whom he makes
disclosure of the existence or terms of this AGREEMENT, abide by this confidentiality provision.
VI. PUBLIC COMMENT/BEHAVIOR. LEAL agrees that he will not make any
disparaging or negative remarks concerning the Company or any of its parents,subsidiaries,affiliated
corporations or associations,employees and/or representatives. The Company agrees that it will not
make any disparaging or negative remarks concerning LEAL.
The Company and LEAL agree that the Company will only verify LEAL's dates of
employment and job held if called for an employment reference.
VII. FUTURE RELATIONSHIP. LEAL, now and for the future, expressly waives,
releases and surrenders any right or opportunity to, and will not seek or accept, any relationship,
including that of independent contractor,agent or consultant,nor will he seek or accept employment,
re-employment or reinstatement to employment with the Company or its parents, subsidiaries,
affiliated corporations or associations, successors or assigns.
VIII. ATTORNEY'S FEES. The parties further agree that in the event it should become
necessary to take legal action in order to enforce the terms of this AGREEMENT, the prevailing
party shall be entitled to additional attorney's fees and costs.
IX. MISCELLANEOUS.
A. Application of United States Law. This AGREEMENT and the application or
interpretation thereof, shall be governed exclusively by their terms and by the laws of the United
States. The United States District Court, Southern District of Florida, shall retain jurisdiction to
enforce the terms of the AGREEMENT, although no portion of the AGREEMENT may be filed
without an Order of the Court.
B. Entire Agreement. This AGREEMENT represents the entire agreement and
understanding between the parties and supersede all prior negotiations, understandings,
representations (if any), and agreements made by and between the parties.
C. Construction. This AGREEMENT shall not be construed against the party who
drafted the same as all parties have retained experts of their choosing to review this AGREEMENT.
D. Enforceability. If any term or condition of this AGREEMENT shall be declared to
be illegal, invalid or unenforceable to any extent or in any application, then the remainder of this
AGREEMENT and such term or condition except to such extent or in such application, shall not be
affected hereby and each and every term and condition of this AGREEMENT shall be valid and
enforced to the fullest extent and the broadest application permitted by law. Any future tax
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consequences that may arise shall not provide a basis to set aside, or in any way alter, this
AGREEMENT.
E. Modification. This AGREEMENT may not be modified, supplemented or waived
orally,but only by a writing signed by the party as to whom the enforcement of such modification,
supplement or waiver is sought and making specific reference to this AGREEMENT.
F. Binding Effect. All of the terms of this AGREEMENT shall be binding upon, and
inure to the benefit of and be enforceable by,the parties and their personal or legal representatives,
heirs, successors, beneficiaries and permitted assigns.
G. Agreement Not to Be Used as Evidence. This AGREEMENT shall not be admissible
as evidence in any proceeding except one in which a party to this AGREEMENT seeks to enforce
this AGREEMENT, and this AGREEMENT has been breached or seeks contribution for amounts
paid under this AGREEMENT or one in which a court or administrative agency of competent
jurisdiction orders a party to produce this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this Settlement, Release and
Confidentiality Agreement the day and year first above written.
THE CITY OF OPA-LOCKA
By:
Title:
Date
Date ROBERTO LEAL
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