HomeMy Public PortalAbout20-9752 Settlement Agreement in the Matter of The Brown Law Group LLCSponsored by: City Manager
RESOLUTION NO. 20-9752
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING A
SETTLEMENT AGREEMENT IN THE MATTER "THE
BROWN LAW GROUP, LLC. VS. CITY OF OPA-LOCKA",
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY ACTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 20, 2019, The Brown Law Group sued the City of Opa-
locka ("CITY") in the case THE BROWN LAW GROUP, LLC. VS. CITY OF OPA-LOCKA
(Case # 2019-027913-CA-01) alleging the City, pursuant to the Severance Agreement
executed on May 8, 2019, owed certain invoices for outside litigation, severance pay,
statutory interest on unpaid balances in addition to attorney's fees; and
WHEREAS, to date, The Brown Law Group claims that the City owes the Firm
$253,248.67, including attorney's fees; and
WHEREAS, the parties have agreed to settle this matter for the amount of
$246,057.07, as set forth in Exhibit "A"; and
WHEREAS, neither party admits liability in this matter, however, in an effort to
resolve the pending controversy, all parties desire to amicably and expeditiously
resolve all claims and avoid continued litigation; and
WHEREAS, the parties desire to enter into a Settlement Agreement with the
intended purpose of resolving all claims as set forth in Exhibit "A".
WHEREAS, the City Commission finds it is the best interest of the City and its
residents to settle this lawsuit.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, THAT:
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 settlement
agreement between the The Brown Law Group and the City of Opa-Locka, consistent
with the Agreement attached hereto as Exhibit "A"; and further authorizes the City
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Resolution No. 20-9752
Manager to take all necessary action consistent with this Resolution.
Section 3. Effective Date. This Resolution shall be effective immediately upon
adoption hereof and approval by the Governor of the State of Florida or his designee.
PASSED and ADOPTED this 13th day of May, 2020.
ATTEST:
C.
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL S FICIENCY:
Burnadette Norris -Weeks, P.A.
Moved by: VICE MAYOR DAVIS
Seconded by: COMMISSIONER BURKE
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
Matthew A. Pigatt, Mayor
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and General Release ("Agreement") is entered into by and
between Plaintiff, The Brown Law Group LLC. ("PLAINTIFF"), and the CITY OF OPA-
LOCKA, FLORIDA ("CITY"). The parties are collectively hereby referred to as the "Parties".
WHEREAS, Plaintiff filed a lawsuit styled The Brown Law Group LLC v. City of Opa-
Locka, Case No. 2019-027913-CA-01 on September 20, 2019, seeking payment of certain
invoices, and/or severance payments alleged to have been outstanding (the "Lawsuit"); and
WHEREAS, the City of Opa-locka disputes the allegations and denies liability regarding
the allegations raised by Plaintiff; and
WHEREAS, the Parties now desire to amicably resolve and settle all matters at issue in
the Lawsuit.
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
signs the Agreement.
3 Settlement: The Parties agree to settle this matter by the CITY paying Plaintiff
$246,057.07 (Two Hundred Forty -Six Thousand Fifty -Seven Dollars and Seven Cents) as full and
final settlement for all present and future claims, whatsoever. This amount includes Plaintiff s
attorney's fees, and the amounts agreed -upon for the alleged outstanding invoices and/or
severance payments, all interest payments and the amounts agreed -upon for the alleged
outstanding invoices and/or severance payments.
The settlement amount shall be paid to Plaintiff as follows:
• $ 121,528.54 on the 15th of May 2020
• $ 11,800.00 on the 15th of each of the months of June, July, August, September and
October 2020.
• $65,528.53 on the 15th of November 2020 ("Final Payment") — includes all interest
through payment date.
4. Release of All Claims: As part and parcel of this Agreement, the Plaintiff, the
Plaintiff's 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/or that otherwise could have been brought against the CITY in the Lawsuit.
5. Mutual Release of All Claims: The parties and their officers, directors,
attorneys,
commission, successors and assigns hereby release, remise, acquit, satisfy and forever discharge
each other's successors and assigns of and from any and all claims, demands, debts, liabilities,
defaults, actions, suits, contracts, promises and accounts whatsoever, arising from this action or
demands whatsoever, in law or in equity, which they now have, or which any officers, affiliates,
employees, agents, attorneys, and/or contractors, personal representative, successor, heir, assign or
insurer of the parties, hereafter have, for, upon or by reason of any matter, cause or thing
whatsoever, inclusive of any related claim associated with the Lawsuit from the beginning of the
world through the effective date of this Agreement. This release specifically excludes any claim
and/or cause of action arising from a violation of any term and/or condition set forth herein this
Agreement.
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. If the City fails to make a payment when it becomes due hereunder, following written notice and a
5- business day opportunity to cure, Plaintiff shall be entitled without demand or notice, to an
immediate exparte final judgment in the total amount unpaid, exclusive of interest and additional
cost for enforcement and execution ("damages"), and for which execution shall issue instanter. The
City hereby waives all defenses in such action and the City shall pay all of Plaintiff's costs and attorney's
fees. There shall be no penalty for early payment under the terms of this Agreement.
7. Voluntary Dismissal: Within 5 business days following the payment of the final
amount due hereunder, Plaintiff shall file a voluntary dismissal with prejudice of the Lawsuit.
8. 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.
9. 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 and by
different Parties 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 , 2020.
John E. Pate
CITY MANAGER
Vince Brown, Esq.
The Brown Law Group
Joanna Flores
CITY CLERK