98-22860 RESO
RESOLUTION NO. 98-22860
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
THE SETTLEMENT OF THE LAWSUIT STYLED SHIRLEY
TAYLOR-PRAKELT v. CITY OF MIAMI BEACH, U.S.
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, CASE NO. 97-0419-CIV-UNGARO-BENAGES;
AND FURTHER AUTHORIZING THE CITY ATTORNEY'S
OFFICE AND CITY MANAGER TO EXECUTE ANY AND
ALL DOCUMENTS RELATED TO THE SETTLEMENT.
WHEREAS, in February, 1997, Shirley Taylor-Prakelt filed a complaint styled Shirley
Taylor-Prakelt v. City of Miami Beach, U.S. District Court for the Southern District of Florida, Case
No. 97-0419-CIV-UNGARO-BENAGES, for alleged violation of the Fair Housing Act and the First
Amendment, for which Taylor-Prakelt sought reinstatement, back pay, damages, costs and attorney's
fees, injunctive and other relief, and
WHEREAS, subject to the terms set forth herein, Shirley Taylor-Prakelt and the City,
without admission of liability, have agreed to finally resolve any and all claims and disputes by and
between them; and
WHEREAS, the parties desire to avoid further expense, time, effort and uncertainty in
regard to this action.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission herein approve the settlement of the lawsuit styled Shirley Taylor-Prakelt v. City of
Miami Beach, U.S. District Court for the Southern District of Florida, Case No. 97-0419-CIV-
UNGARO-BENAGES as contained in the "Settlement Agreement and General Release" attached
hereto as Exhibit A, and further authorize the City Attorney's Office and City Manager to execute
any and all related documents necessary to its execution.
PASSED and ADOPTED THIS
15th
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MAYOR
July
1998.
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date
CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
Interoffice Memorandum
m
To:
Mayor Neisen O. Kasdin
Members of the City Commission
Date: July 15, 1998
From:
Murray H. Dubbin~~/1-,.J1t?
City Attorney
Subject: Shirley Taylor-PrakeIt v. City of Miami Beach, U. S. District Court for the
Southern District of Florida, Case No. 97-0419-CIV-UNGARO-BENAGES
The City Attorney's Office, joined by the City Manager's Office, is recommending
settlement of the above-referenced case.
The case concerns the termination of the Plaintiff s employment with the City which ended
after 13 Y2 years in October 1996. The suit was filed in February 1997 alleging that the Plaintiffs
termination of employment was in violation of the Fair Housing Act and the First Amendment. The
City has defended the case denying any liability. The suit sought reinstatement, backpay,
compensatory, attorney fees and costs, injunctive and other relief in a jury trial.
Without admission ofliability, which the City continues to deny, the proposed settlement
agreement would end the litigation on the following terms: payment of$65,000 as backpay; $85,000
as compensatory; $85,000 as attorney fees; and $15,000 as litigation expenses and costs. In addition,
the Plaintiff would be deemed to have been employed through September 30, 1998, with the City
contributing to the pension system the sum of$15,665.80 (the equivalent of the employee's pension
contribution through September 30, 1998, including interest). The case would be dismissed with
prejudice and the Plaintiff would not be reemployed by the City.
In light of the increased litigation expenses as well as the uncertainty and risk of continued
litigation to the City, it is recommended that the Commission approve the Settlement Agreement and
General Release attached hereto.
MHDIDMPlbfg
cc: Sergio Rodriguez, City Manager
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SETTLEl\1ENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release ("Agreement") is entered into by and
between SHIRLEY TAYLOR-PRAKELT (referred to as the PLAINTIFF) and THE CITY OF
MIAMI BEACH (CITY).
WHEREAS, PLAINTIFF has filed a legal action against the CITY seeking damages and
other relief, sub nom Shirlev Taylor-Prakelt v. City of Miami Beach, U. S. District Court for the
Southern District of Florida, Case No. 97-0419-CIV-UNGARO-BENAGES; and
WHEREAS, the DEFENDANT has denied PLAINTIFF'S claims; and,
WHEREAS, the parties prefer to enter into a compromise in order to avoid the
uncertainties and expense of further litigation.
NOW, THEREFORE, in consideration of all mutual promises contained herein, it is
agreed as follows:
1. Dismissal of Action With Prejudice. The PLAINTIFF will dismiss her lawsuit
with prejudice.
2. "Vaiver of All Rights and Claims. In consideration of the sum of money referred
to in paragraph numbered 3 of this Agreement, the PLAINTIFF knowingly and voluntarily waives
any and all known and unknown rights and claims which they have or may have against the
DEFENDANT, including but not limited to any claim that was or could have been asserted in
Shirley Taylor-Prakelt v. City of Miami Beach, Case No. 97-0419-CIV-UNGARO-BENAGES,
as well as any other claim(s) under the First and Fourteenth Amendments to the United States
Constitution, 42 U. S. C., Sections 1981-1988, the Fair Housing Act, any federal, state or local
laws prohibiting discrimination in employment including but not limited to the Age Discrimination
in Employment Act, any public policy, contract, or the common law, including, but not limited
to any statutory or any tort claims (e.g., negligent or intentional infliction of emotional distress;
negligent retention, supervision or training; defamation; wrongful termination), whether based on
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CITY
common law or otherwise, which have arisen or may arise from the beginning of the world until
today. This waiver also bars any further claim or demand for costs, fees, or other expenses,
including attorney's fees incurred in connection with the above-referenced action. The listing of
claims in this section is intended to be illustrative rather than exhaustive. Thus, the PLAINTIFF
understands and agrees that this Agreement constitutes a full and final bar to any and all claims
of any type that they now have against the DEFENDANT.
The PLAINTIFF hereby releases, acquits, and forever discharges the CITY, its former
and current City Managers, its former and current Department Heads, its former and current City
Commission members, as well as each and every one of the CITY's former and current officers,
agents, representatives, employees and officials (whether elected or appointed) -- in both their
official capacities and as individuals -- and their heirs, executors, administrators, successors, and
assigns and all other persons, partnerships, firms or corporations, of and from any and all actions,
causes of action, damages or demands of whatever name or nature arising out of any and all
incidents or matters which have arisen or may arise from the beginning of time to the date the
PLAINTIFF executes this Agreement.
This waiver and release covers any and all claims for personal injury, emotional, mental,
and physical pain and suffering, loss of earnings and earning capacity; loss of support, and
services; and all hospital, medicare, social security liens and attorney's fees' liens, which, if any
exist, will be satisfied out of the proceeds of this Agreement.
3. Consideration. In consideration for dismissal by the PLAINTIFF of, and her
waiver and release of all claims against the DEFENDANT, the CITY will pay PLAINTIFF the
sums as follows: $65,000 as back pay; $85,000 as compensatory; $85,000 as attorney fees; and
$15,000 as litigation expenses and costs.
4, Additional Consideration. For purposes of this Agreement, PLAINTIFF shall
be deemed to have served with the CITY through and including September 30, 1998, without any
break in creditable service and shall be deemed a member of the Unclassified Employees and
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CITY
Elected Officials Retirement System (System) through Setpember 30, 1998.
Further,
PLAINTIFF shall be deemed to have received a 5 % increase from a $70,292 annual salary as of
Mav 1 1997 and a further increase of 3 % as of October 1, 1997. The CITY shall contribute to
-' ,
the System an equivalent to PLAINTIFF's contribution to the System from October 28, 1996,
through and including September 30, 1998, plus applicable interest. PLAINTIFF agrees that the
amount that the CITY shall contribute is $15,665.80, which includes interest through September
30, 1998. PLAINTIFF further agrees that she will not apply for employment with the CITY in
the future.
5, Adequate Consideration. The PLAINTIFF agrees that payment of the money set
forth in paragraph numbered 3 and the benefits set forth in paragraph numbered 4 of this
Agreement constitutes adequate and ample consideration for the rights and claims she is waiving
under this Agreement, to which she would not otherwise be entitled but for this settlement and
for the obligations imposed upon them by virtue of this Agreement.
6, Time to Consider Signing A~eement. The PLAINTIFF acknowledges that she
has been given a reasonable period of time to decide whether to sign this Agreement.
7. Effective Date. This Agreement shall become effective upon approval by the City
Commission of the City of Miami Beach, Florida, the subsequent execution of this Agreement by
the City Manager of the City of Miami Beach, Florida, and the execution of this Agreement by
the PLAINTIFF.
8. Non-Admission of Wrongdoing. The PLAINTIFF agrees that neither this
Agreement nor the furnishing of any consideration under this Agreement shall be construed as an
admission by the DEFENDANT of any wrongdoing, liability or unlawful conduct. To the
contrary, the PLAINTIFF agrees that the DEFENDANT specifically denies that it caused any
legal harm to or is in any way liable to the PLAINTIFF.
9. Governin2 Law and Interpretation. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida.
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10. Entire Agreement. This Agreement sets forth the entire agreement between the
parties and shall supersede any and all prior agreements or understandings, whether written or
oral, between the parties, except as otherwise specified in this Agreement. The PLAINTIFF
acknowledges that she has not relied on any representations, promises, or agreements of any kind
made to them in connection with their decision to sign this Agreement except for those set forth
in this Agreement.
11. Encoura2ement to Consult Attorney. The PLAINTIFF acknowledges that she
has consulted her attorney before signing this Agreement.
12. Amendment. This Agreement may not be amended except by written agreement
signed by the PLAINTIFF and the CITY.
13. Headin2s. Section headings are used herein for convenience of reference only and
shall not affect the meaning of any provisions of this Agreement.
HAVING ELECTED TO EXECUTE THIS AGREEMENT AND TO FULFILL THE
PROMISES SET FORTH HEREIN, THE PLAINTIFF FREELY AND KNOWINGL Y, AND
AFTER DUE REFLECTION, ENTER INTO THIS AGREEMENT INTENDING TO WAIVE,
SETTLE AND RELEASE ALL CLAIMS SHE HAS OR MIGHT NOW HAVE AGAINST THE
DEFENDANT AND ANY OTHER PERSON OR ENTITY IDENTIFIED IN PARAGRAPH
NUMBERED 2 HEREIN, FROM THE BEGINNING OF TIME TO THE EFFECTIVE DATE
OF THIS AGREEMENT.
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CITY
IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily executed this
Agreement as of the date set forth below:
THE CITY OF MIAl\1I BEACH
By:
SERGIO R
City M g
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ELT
Date:
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STATE OF FLORIDA
COUNTY OF DADE
Date:
ST ATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was executed
before me this dS" day of ~v.s J- ,
1998, by SERGIO RODRIGUE , who IS
personally known to me for wl:1g hag
prOduC8G as> iekntificatlon]
and who took an oath.
The foregoing instrument was executed
before me this ~1+"'day of A~U~1'
1998, by SHIRLEY TA LOR-
PRAKEL T, who is personally kno~n by
~ [or who has produced
as identification]
Qc#?~.
Notary Public
State of Florida at Large
and who took an oath.
'!V1~ ~
Notary Public
State of f\OV1'd~t Large
Mev-ceot e. S
Print Name of Notary
hi }.€y--
Print Name of Notary
My Commission Expires:
""-;r.~'ft.o;',, Ruth Rubi
E:rtb..,~;; MY COMMISSION * CC624373 EXPIRES
~;',~.:~f April 25. 2001
"':J.'o;,;:<f-:'" BONDED THRU TIlOY FAIN INSURANCE, INC
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"g"'" '11,.......
My Commission EXp'11 Mercedes Aller
"'" * My Commieslon CC670862
~ :'t Expires Jul. 21, 2000
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY
LAW OFFICES OF
ROBERT E. WEISBERG
ROB E R T E, W E I S B ERG
K ARE N D. T URN E R
1450 MADRUGA AVENUE, SUITE 209
COR A L GAB L E 5, FL 0 RID A 3 3 1 4 6
TELEPHONE(305) 666-6095
FAX(305)666.6296
August 27, 1998
Donald Papy, Chief Deputy
City Attorney
1700 Convention Center Drive
4th Floor, Legal Department
Miami Beach, Florida 33139
RE: Shirley Ta.ylor-Prakelt v. City of Miami Beach
Dear Don:
As you agreed on August 6,1998, you recognize that, despite Mrs. Taylor-Prakelt
signing the Settlement And General Release containing the standard "boilerplate language"
contained in paragraph 8 of the agreement, Ms. Taylor-Prakelt acknowledges the following:
1. that the Defendant City of Miami Beach's furnishing consideration under this
agreement shall not be construed as an admission of any wrongdoing, liability
or unlawful conduct and that the Defendant, City of Miami Beach denies it
caused any legal harm or is in any way liable to the Plaintiff; however
2. Mrs. Taylor-Prakelt continues to assert that the Defendant, City of Miami
Beach, did in fact violate her rights by unlawfully terminating her, which
caused her legal harm, and the City of Miami Beach is liable for its actions.
Thank you for your attention to this matter.
Sincerely,. :.
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ROBER . E. WEISBERG"./
AGREED AND CONSENTED TO BY:
REW:ma
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