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HomeMy Public PortalAbout16-9144 Authorizing the CIty Attorney to Defend Central Florida Equipment Rentals, Inc Sponsored by: The City Attorney's Office RESOLUTION NO. 16-6144 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO DEFEND CENTRAL FLORIDA EQUIPMENT RENTALS, INC., VS. CITY OF OPA-LOCKA, FLORIDA, CASE NUMBER 132016CA0005550000001 INVOLVING BREACH OF CONTRACT, EFFECTIVE IMMEDIATELY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has been named as a defendant in the above-referenced lawsuit; and WHEREAS, The City must defend itself against the allegations contained within the lawsuit; and WHEREAS, The City Commission believes that it is in the best interest of the City to authorize the City Attorney to represent the City in defense of the Central Florida Equipment Rental vs. The City of Opa-Locka (Case No.: 132016 CA 0005550000001) lawsuit, including reaching settlement terms, if possible. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Attorney is hereby authorized to commence defense of Central Florida Equipment Rentals, Inc., vs. City of Opa-Locka, Florida, on behalf of the City. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of January, 2016. Resolution No. 16-6144 yra . Taylor Mayor Attest to: Approved as to form and legal sufficiency: n .0` , 17') Jo nna Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER PINDER Seconded by: COMMISSIONER SANTIAGO Commissioner Vote: 4-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: NOT PRESENT Mayor Taylor: YES OQp-LOCf o <p 'A U • 2 C rn ',.,;--„,.„-,-,s' City of Opa-Locka Agenda Cover Memo Commission Meeting Item Type: :44;4 Date: 1/27/2016 X (EnterXin box) Fiscal Impact: f Ordinance Reading: (EnterXin box) t' ., k; (EnterXin box) X Public Hearing: -° (EnterXin box) X Funding Source: Advertising Requirement: � a� ;° Acct#:28-514390 General Fund City (EnterXin box) x Attorney Contract/P.O.Required: RFP/RFQ/Bid#: (EnterXin box) x Strategic Plan Related Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (EnterXin box) X Enhance Organization: specific objective/strategy this item will address) Bus.&Economic Dev: N/A Public Safety: gi Quality of Education: 8 Qual.of Life&City Image: Communication: Sponsor Name City Attorney Department: Office of the City Attorney A resolution authorizing the City Attorney to defend the City in the matter of Central Florida Equipment Rentals,Inc.,vs. City of Opa Locka The matter involves a breach of contract and this budgeted contingency expense is estimated to be five 'Pw ` ;^ .,d dollars ($5,000 ` .3 7- ' "0). { ^`thousan t a Staff recommends approval to defend the City's interest. 1. City Attorneys' resolution.