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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 1 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 2 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