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Resolution 2022-32329 RESOLUTION NO.; 2022-32329 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF. WHEREAS, on July 26, 2021, Khalid Vaughn, a 28-year-old visitor, was arrested, and he alleges, inter alia, false arrest, battery and excessive force during and following detainment; and WHEREAS, Mr. Vaughn is currently represented by counsel in a litigation against the • City of Miami Beach, Florida, in the United States District Court, Southern District of Florida, Case No. 22-cv-21109-CMA, commenced on April 11, 2022, alleging violation of state and federal law relating to the incident on July 26, 2021; 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 in an amicable fashion; and WHEREAS, the parties have reached a full and final compromise and settlement of all matters, causes of action, claims, and contentions between them, which is contingent upon approval of the Mayor and City Commission; and WHEREAS, the City Manager and the City Attorney recommended that the Mayor and City Commission authorize the settlement payment in the amount of$119,000.00 from the City's Risk Management Fund. 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 Khalid Vaughn and the City of Miami Beach, Florida, in the amount of$119,000.00; and authorize the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof. PASSED and ADOPTED this 28th day of September 2022. F ATTEST: Gelber, Mayor .orkvoi. tiCORPORA ED! Rafael E. Granado, City Clerk %'• 0= APPROVED AS TO SEP 2 9 �p . FORM&LANGUAGE FOR EXECUTION. City Attorney - . Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael A. Paz, City Attorney 1 DATE: September 28, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF. 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 Khalid Vaughn and the City of Miami Beach, Florida, in the amount of $119,000.00; and authorize the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof. BACKGROUND On July 26, 2021, Khalid Vaughn, a 28-year-old visitor, was arrested and alleges, inter alia, false arrest, battery and excessive force during and following detainment. Mr. Vaughn is currently represented by counsel in a litigation against the City of Miami Beach, Florida, in the United States District Court, Southern District of Florida, Case No. 22-cv-21109- CMA, commenced on April 11, 2022, alleging violation of state and federal law relating to the incident on July 26, 2021. 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 in an amicable fashion. The parties have reached a full and final compromise and settlement of all matters, causes of action, claims and contentions between them, which is contingent upon approval of the Mayor and City Commission. The City. Manager and the City Attorney recommend that the Mayor and City Commission authorize the settlement payment in the amount of $119,000.00 from the City's Risk Management Fund. FISCAL IMPACT Pursuant to Section 2-12 of the City Code, the proposed 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. RAP//RR/ag Resolutions - C7 B MIAMI BEA I COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: September 28, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING THE SETTLEMENT BETWEEN KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND CITYATTORNEY TO TAKE THE NECESSARYAND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION See attached Commission Memorandum. Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney ATTACHMENTS: Description ❑ Commission Memorandum ❑ Resolution Page 12 of 508 F City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the C ity Commission FROM: Rafael A. Paz, City Attorney DATE: September 28, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN KHALID VAUGHN AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $119,000.00; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF. 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 Khalid Vaughn and the City of Miami Beach, Florida, in the amount of $119,000.00; and authorize the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof. BACKGROUND On July 26, 2021, Khalid Vaughn, a 28-year-old visitor, was arrested and alleges, inter alia, false arrest, battery and excessive force during and following detainment. Mr. Vaughn is currently represented by counsel in a litigation against the City of Miami Beach, Florida, in the United States District Court, Southern District of Florida, Case No. 22-cv-21109- CMA, commenced on April 11, 2022, alleging violation of state and federal law relating to the incident on July 26, 2021. 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 in an amicable fashion. The parties have reached a full and final compromise and settlement of all matters, causes of action, claims and contentions between them, which is contingent upon approval of the Mayor and City Commission. The City Manager and the City Attorney recommend that the Mayor and City Commission authorize the settlement payment in the amount of $119,000.00 from the City's Risk Management Fund. FISCAL IMPACT Pursuant to .Section 2-12 of the City Code, the proposed 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. RAP//RR/ag Page 13 of 508