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Res No 060-19-15332RESOLUTION NO.: 60-19-15332 A Resolution of the Mayor and City Commissioners of the City of South Miami authorizing the payment of attorney fees related to the City of South Miami, et al. vs. Carlos Rodriguez case. WHEREAS, in 2013, a former employee, Carlos Rodriguez, was upset about the termination of his employment and he made credible threats on the life of the City's police chief, a City police major, as well all African -Americans. Consequently, the City Manager was concerned that Mr. Rodriguez posed a credible threat to all the City employees who were involved in the termination process and the City of South Miami filed a suit against officer Carlos Rodriguez (Miami -Dade County Case No.: 13-12254 CA 15) seeking an injunction. The injunction was granted and it prevented Mr. Rodriguez from going within 500 feet of the named City employees; and WHEREAS, Mr. Rodriguez made a second credible threat on the life of the police chief and the City police major that was communicated by a third -party letter to them; and WHEREAS, initially, a large cache of weapons and ammunition was allegedly confiscated from Mr. Rodriguez's home; and WHEREAS, subsequently, another cache of Mr. Rodriguez' weapons were allegedly confiscated from Mr. Rodriguez' parent's house where they were being stored by him; and WHEREAS, Mr. Rodriguez allegedly assaulted another police officer from another jurisdiction and was arrested; and WHEREAS, approximately 18 months later, after Mr. Rodriguez was released from custody, he filed a motion to have the City's injunction dissolved, claiming that he is stable and taking medication; and WHEREAS, discovery was requested of his medical records which Mr. Rodriguez opposed by way of a motion for a protective order; and WHEREAS, the trail judge, the Honorable Jose Rodriguez, granted the motion to compel discovery and denied Mr. Rodriguez' motion for protective order; and WHEREAS, Mr. Rodriguez filed an appeal and the appellate court reversed Judge Rodriguez's order and granted the protective order; and WHEREAS, the rules of civil procedure provide for attorney fees if a protective order is granted; and WHEREAS, a reasonable fee has been negotiated with Mr. Rodriguez's attorney and the City Commission desires to settle the claim for attorney fees. Payment shall be made from account number 001-1330-513-4510, Liability Insurance, with a current balance of $69,007. Page 1 of 2 Resolution No. 60-19-1'5332' NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to pay the sum of $11,000 to Mr. Rodriguez's attorney, Juan Berrio. Section 2: Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this 7 th day of May, 2019. ATTEST: L{ City CIA READ AND ROVED AS TO FORM LANGVAULZIEGALM AND EXECUTION COMMISSION VOTE: 5-0 Mayor Stoddard: Vice Mayor Hams: Yea Yea Commissioner Welsh: Commissioner Liebman: Yea Commissioner Gil: Yea Yea Page 2 of 2 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into on this lt� day of ODA- 2019, by and between Juan Berrio ("Berrio'), Carlos Rodriguez ("Rodriguez"), and the City of South Miami, including its past and present employees and officers named in the Lawsuit and collectively referred to as "the City". Berrio, Rodriguez and the City shall be collectively referred to as the "Parties". The Settlement Agreement is effective as of the date that the Settlement Agreement is fully executed by all Parties. WHEREAS, the City filed an action for injunctive relief on April 8, 2013 against Rodriguez styled City of South Miami, Orlando Martinez de Castro, Rene Landa,-Dr. Hector Mirabile, Latasha Nickle, Gemma Boza, Ruben Rodriguez, Jeff Griffin, Thomas Pepe And Steven Alexander vs. Carlos Rodriguez, Case No. 13-12254 CA 15 (the "Lawsuit"); and WHEREAS, on March 17, 2017, Rodriguez filed a motion to have the City's injunction dissolved, claiming that it failed to state a claim for which relief could be granted and that he was stable and taking his medication; and WHEREAS, on March 14, 2017, discovery was requested of Rodriguez's medical records and condition and, on June 8, 2017, the City filed a motion to compel which Rodriguez opposed by way of a motion for a protective order; and WHEREAS, on September 29, 2017, the trial judge, the Honorable Jose Rodriguez, granted the motion to compel discovery and denied Mr. Rodriguez's motion for protective order; and WHEREAS, on October 18, 2017, Rodriguez filed an appeal and, on May 9, 2018, the appellate court reversed Judge Rodriguez's order and granted the protective order; And - WHEREAS, Rule 1.380(a)(4) provides for attorney. fees under certain circumstances where a motion for protective order is granted; and WHEREAS, the Parties, without any admission or representation as to liability, wish to resolve their differences solely regarding the protective order discovery dispute in the trial court. WHEREAS, a reasonable fee has been negotiated with Mr. Rodriguez's attorney with regards to the protective order discovery dispute in the trial court and the City desires to settle the claim for attorney fees. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, forbearances, covenants and agreements contained herein, and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: 1. All of the foregoing recitals are true and correct and are incorporated herein by reference. 2. The Parties agree as follows: a. The City shall pay to Berrio and Rodriguez the total sum of Eleven Thousand Dollars and 00/100 ($11,000.00) (the "Settlement Funds" or "Settlement Amount") made payable to Juan Berrio Trust Account within thirty (30) days of executing this Settlement Agreement. b. The Parties expressly acknowledge and agree that the Settlement Funds is made in satisfaction of any and all claims regarding the protective order discovery dispute in the trial court which were raised, or could or should have been raised with regard to the discovery requested by the City, the motion to compel discover, the production of medical records, the motion for protective order, the motion for attorney fees as it may relate to any of the above actions in the Lawsuit, including those based on Florida Rules of Civil Procedure 1.525, 1.280(c), 1.380(a)(4) and Florida Statute §57.105, whether known or unknown, including without limitation, for Plaintiff's attorneys' fees, court costs, associated expenses, general releases, damage claims, if any, and any and all other claims relating to the motion or motions for protective order and concerning Rodriguez's medical records and medical treatment. C. The Parties shall bear their own attorneys' fees, expert fees, consultant fees, accounting fees, filing fees, and any other types of fees, and all costs, whether taxable or non- taxable, including any and all fees and costs incurred in connection with the motion for attorney fees that are related to the protective order discovery dispute at the trial court level and the negotiation and preparation of this Settlement Agreement. d. Nothing contained within this Settlement Agreement can be used as an admission or non -admission of liability nor can anything contained within this Settlement Agreement be used for any other purpose, including but not limited to entering the Settlement Agreement into evidence in the Lawsuit. 3. Rodriguez and Berrio hereby release and discharge the City, and each of its assigns, heirs, successors and predecessors in interest, employees and former employees, officers, and officials, agents, attorneys, appellate attorneys, and insurers, of and from any and all actions of any nature, suits, claims, extra -contractual claims, claims for fraud, claims for bad faith, unfair claims handling practices, claims for subrogation, contracts, demands, fees, costs, expenses, losses, damages, liabilities or causes of action, whether in law or equity, known or unknown, accrued and unaccrued, including without limitation that are derived from, based upon, or arising out of the medical discovery requested by the City, the motion to compel discovery, the production of medical records, the motion for protective order, the motion for 57.105 attorney fees as it may relate to any of the above discovery dispute actions in the Lawsuit. 4. Nothing in Paragraphs 1, 2 and 3 of the Settlement Agreement should be construed to limit the Parties' rights to enforce the terms of this Settlement Agreement. 5. This Agreement is executed in the State of Florida and shall be construed and interpreted in accordance with the laws of the State of Florida. 6. By executing this Settlement Agreement, the Parties represent that each has fully reviewed and understands the contents of this Settlement Agreement, has had advice of counsel regarding the contents and legal effect of this Settlement Agreement, and is not relying on the representations of any other party or the attorneys for the other parties in executing this Settlement Agreement. The Parties entered into this Settlement Agreement under their own free will and accord and agree to be fully bound by the terms and conditions of this Agreement. 7. Each of the Parties warrant and represent that they have the authority to enter into this Settlement Agreement and they have not wholly or partially assigned, sold, or transferred any right, action, or obligation made part of this Settlement Agreement. 8. No modification, waiver, amendment, discharge, or change of this Settlement 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. 9. This Settlement Agreement contains the entire agreement between the Parties hereto relating to the transactions contemplated by this Settlement Agreement. It supersedes any and all prior or contemporaneous contracts, agreements, understandings, conversations, conditions, representations, settlements, promises, guaranties, and obligations, oral or written, between them on the subjects covered in this Settlement Agreement which is limited to Respondent's attorneys fees and costs for the protective order discovery dispute in the trial court only. 10. If any term or provision of this Settlement Agreement, or the application thereof to any party or circumstances shall, to any extent, be invalid, illegal, or unenforceable, the remainder of this Settlement Agreement, or the application of such term or provision to parties or circumstances other than those as to which it is held invalid, illegal, or unenforceable, shall not be affected thereby, and each term and provision of this Settlement Agreement shall be valid and enforceable to the fullest extent permitted by law. 11. The representations, covenants, and agreements of the Parties made in this Settlement Agreement shall remain operative and survive the execution and delivery hereof. 12. This Settlement Agreement may be executed in any number of counterparts and by faxed or e-mailed copies, each of which shall be deemed an original, but all of which shall constitutea. single instrument. 13. All Parties agree to cooperate fully and to execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement and which are not inconsistent with its terms. 14. This Settlement Agreement and all executed supplementary documents referenced in the foregoing paragraph shall be binding upon the Parties, their heirs, successors and/or assigns. 15. This Settlement Agreement is entered into by the Parties for the purpose of only settling and compromising the protective order discovery dispute in the trial court and does not constitute an admission by the Parties hereto of any wrongdoing or liability regarding said discovery dispute. 16. Each Party shall use its best efforts to expeditiously comply with all of the terms and conditions of this Settlement Agreement. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the tenns hereof. Carlos Rodriguez Witness By.r-- Juan Beeno Wi sx Y 666 2 By _ 0' j'i5� b-� ATTESTED: By: N -� Nkeng A. Payne, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: City Attorney CITY OF SOUTH MI I By: A /, q ✓Steven Alexander � CityManager