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Home My Public Portal About18-9589 Implement a Settlement Agreement w/William Green Sponsored by: City Attorney RESOLUTION NO. 18-9589 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AND IMPLEMENT A SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN WILLIAM J. GREEN, JR, VS CITY OF OPA-LOCKA, FLORIDA, CASE NO.: 2018-13143 SP 05; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 19, 2018, former Assistant City Manager, William J. Green filed a Statement of Claim (Exhibit A) for $1646.15; and WHEREAS,the Office of the City Attorney was incorrectly informed by the former City Manager and Staff that the Plaintiff was not entitled to the amount claimed and that pursuant to City of Opa-locka("City")policy, did not qualify for accrued leave payout: and WHEREAS, the City has not adhered to its established policy and has instead created a pattern or practice of paying out accrued leave to employees who have stayed employed with the City for a minimum of one year: and WHEREAS, in order to avoid the unnecessary cost of continued litigation, the City Commission finds that it is in the best interest of the City to resolve all claims stated in the Plaintiff's Statement of Claim, and Amended Statement of Claim, resulting damages that may have otherwise been awarded in a final judgment and all attorney's fees and costs for Seven Thousand Seven Hundred Thirty-Nine Dollars, and 70/100($7,739.70). NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-locka hereby authorizes the City Manager and City Attorney to execute and implement a Settlement Agreement in William J. Green, Jr, vs City Of Opa-Locka, Florida, Case No.: 2018-13143 SP 05. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 18-9589 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 12th day of December, 2018. Matthew A. Pigatt Mayor Attest to: Approved as to form and legal sufficiency: 411 r , Jo. : Flores E WN LAW GROUP,I,KSJ City'lerk City Attorney Moved by: Mayor Pigatt Seconded by: Commissioner Burke Commissioner Vote: 5-0 Commissioner Bass: YES Commissioner Burke: YES Commissioner Kelley: YES Vice Mayor Davis: YES Mayor Pigatt: YES IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY,FLORIDA. • DIVISION CASE NUMBER NOTICE TO APPEAR CIVIL FOR PRETRIAL CONFERENCE $ — 1 3 14 3 SP El OTHER (Fie in Qom) SP05 SECTION NO. J PLAINTIFF(S) VS. DEFE DANT(S) SERVICE z_ lir DDE,NDANT(S)TAO BE SER ED AT: (/ filo f-f� , T ._�` L `APB �� `_ ,.;k -.3,,,, „ t.y c) STATE OF FLORIDA NOTICE TO PLAINTIFFS)AND DEFENDANT(S) YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at ._, - 2018 JUL 2 8 w 73 West Flaglor St„Miam_i, Florida, Sixth Floor,Courtroom 6-4 on Cc:, . ,20 -- L at-e'• OW.,for pretrial conference before a Judge of this�ouE Section# = IMPORTANT-READ CAREFULLY W M• THE CASE WILL NOT BE TRIED AT THAT TIME. ;?_ DO NOT BRING WITNESSES—APPEAR IN PERSON OR BY ATTORNEY - — The defendant(s) must appear in court on the date specified in order to avoid a default judgment The plaintiffs) must appear to avoid having the case dismissed for lack of prosecution.A written MOTION or ANSWER to the court by the plaintiff(s)or the defendant(s)shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval. A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference. The purpose of the pretrial conference is to record your appearance,to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case. IMPORTANT—SEE REVERSE CLK/CT.389 Rev.02/11 Clerk's web address:www.miami-dadeclerk_com Mediation may take place at the pretrial conference.Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may or may not approve a payment plan and withhold judgment or execution or levy. RIGHT TO VENUE: The law gives the person or company who has sued you the right to file in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to request that the case be moved to a proper location or venue.A proper location or venue may be one of the following: 1.Where the contract was entered into. 2. If the suit is on an unsecured promissory note,where the note is signed or where the maker resides. 3. If the suit is to recover property or to foreclosure a lien,where the property is located. 4.Where the event giving rise to the suit occurred. 5.Where any one or more of the defendants sued reside. 6.Any location agreed to in a contract. 7.In any action for money due,if there is no agreement as to where suit may be filed,where payment is to be made. If you, as the defendant(s), believe the plaintiff(s)has/have not sued in one of these correct places,you must appear on your court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form(sworn to under oath)with the court 7 days prior to your first court date and send a copy to the plaintiff(s)or plaintift's(s')attorney, if any. A copy of the statement of claim shall be served with this summons. DATE HARVEY RUVIN Marna Guevara g , �Ig CLERK OF THE COURTS BY: JUN DEPUTY CLERK COPY TO ❑ Mailed ❑ Hand-Delivered El Plaintiff COURT SEAL ❑ Attorney 0 Process Server ❑ Sheriff — FILED BY: Mho,/ im ADDRESS: '2Z6J7 J (3 2 TELEPHONE: 5 ,,4(j/ AMERICANS WITH DISABILITIES ACT OF 1990 ADA NOTICE If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. IMPORTANT—SEE REVERSE CLKICT.389 Rev.02/11 Clerk's web address:www.miami-dadeclerk.com IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY,FLORIDA. DIVISION CASE NUMBER CNIL STATEMENT OF CLAIM 1 Q �+ ❑ DISTRICTS (File in Duplicate Plus One For Each Defendant) a V _ 1 3 1 .JP Q ❑ OTHER SECTION NO. PLAINTIFF VS. DEFENDANT(S) CLOCK IN V9/401 > (L 1 HE ORIGINAL PILED 7N JUN 1 9 2018 lat THE OFFICE OE T%A14 mslett The Plaintiff sues the Defendant for money Address: � Phone Number: owed Plaintiff by Defendant;and which is past due and unpaid;for(As marked(x)below): ❑ Good,wares and merchandise sold by plaintiff,to defendant; • ❑ Work done and materials furnished by plaintiff,to defendant; ❑ Money lent by plaintiff to the defendant which is due and payable; ❑ Money due to plaintiff upon accounts stated and agreed to between them; ❑ On a written instrument,copy of which is attached hereto; ❑ Rent for certain premises in Miami-Dade County, Florida,Viz; ®dher(Explain) ❑ Any additional facts in connection with any of the above: (USE ADDITIONAL SHEET IF NECESSARY) Where Plaintiff demands judgment in the sum of$ (` . / , together with court costs and any further costs wh ch the Court may assess. ' ` The Plaintiff, {iL)f l iJ^,�(/Y] .`�, ��=(,.� J 'JG� says the foregoing is a just and true statement of the amount owed by defendant to plaintiff, exclusive of all lawful setoffs, and that defendant has no lawful defenses which would preclude the collection of said amount. Affiant states that the defendant(s)is/are not in the military service of th nited States. Attorneyltplaintiff )Si Attorney's Bar No. A, -- Address of Attorney/Plaintiff '; ��,� z ._7 Telephone No. " 5 S '__// �C,S7 5"iii C5Z'`�1 irir / ;.1� The foregoing instrument was acknowledged before me this day of ,20 by who is personally known to me or who has produced as identification and did❑/did not❑take an oath. SWORN TO AND SUBSCRIBED BEFORE ME this day of 20 HARVEY RUVIN NOTARY PUBLIC, CLERK OF COURTS State of Florida Deputy Clerk My Commission Expires: IMPORTANT:SEE REVERSE CLK/CT.333 Rev.05/11 Clerk's web address:www.miami-dadeclerk.com IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA WILLIAM J. GREEN, JR Plaintiff, GENERAL JURISDICTIONDIVISION vs. CASE NO.: 2018-13143 SP 05 CITY OF OPA-LOCKA,FLORIDA. THE HONORABLE: GINA BEOVIDES a Municipal Corporation, Defendant. / DEFENDANT'S NOTICE OF ACCEPTANCE OF PLAINTIFF'S PROPOSAL FOR SETTLEMENT COMES NOW, the Defendant, CITY OF OPA-LOCKA, (hereinafter "Defendant" or City") by and through the undersigned counsel,and pursuant to Fla. R. Civ. P.1.442 and Florida Statutes §768.79, hereby files this Notice of Acceptance of Plaintiffs Proposal for Settlement in this action as follows: 1. This Acceptance of Plaintiffs Proposal for Settlement is made pursuant to Florida Statutes §768.79 and Fla.R. Civ.P.1.442. 2. This Acceptance is to a proposal offered by Plaintiff, WILLIAM J. GREEN,JR. (Exhibit A) 3. This Acceptance is offered by Defendant, CITY OF OPA-LOCKA. 4. This Acceptance resolves all claims stated in the Plaintiffs Statement of Claim, and Amended Statement of Claim ("collectively "Statements of Claim or action") and resulting damages that may have otherwise been awarded in a final judgment in the action in which this proposal is served, and includes attorney's fees and costs. 5. This Acceptance is to Plaintiffs Proposal for Settlement that includes any and all alleged payments due, damages incurred and attorney's fees. 6. This Acceptance settles this action for Seven Thousand Seven Hundred Thirty- Nine Dollars. and 70/100 ($7,739.70). 7. As a condition of this Acceptance, City shall make one lump sum installment in the amount of$7,739.70.Upon said final payment,the parties shall execute general releases and hold each other harmless as to all claims set forth in the Statements of Claim,or rationally related. to the transactions and occurrences described therein.Further,the Plaintiff shall also dismiss the action as to this Defendant,with prejudice. Respectfully submitted, /s/ Vincent T. Brown Florida Bar#0956279 City Attorney for the City of Opa-locka THE BROWN LAW GROUP, LLC., 847 NW 119th Street, Suite 202 Miami, Florida 33168 (305) 688-7500 Telephone (305) 688-7501 Facsimile CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 2, 2018, I electronically filed the foregoing document with the Clerk of Court using Florida Courts E-Filing Portal. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties via transmission of Notices of Electronic Filing generated by Florida Courts E-Filing Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronically filed Notices of Electronic Filing. /s% - .._ Vincent T. Brown Exhibit A IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,FLORIDA WILLIAM J.GREEN,JR Plaintiff, GENERAL JURISDICTION DIVISION vs. CASE NO.: 2018-13143 SP 05 CITY OF OPA-LOCKA,FLORIDA THE HONORABLE: GINA BEOVIDES a Municipal Corporation, Defendants. PLAINTIFF WILLIAM J.GREEN.JR..PROPOSAL FOR SETTLEMENT COMES NOW, the Plaintiff,WILLIAM J. GREEN, JR., (hereinafter "Plaintiff or Green") by and through the undersigned counsel,and,and pursuant to Fla.R.Civ.P.1.442 and Florida Statutes§768.79,hereby files this Proposal for Settlement in this action as follows: 1. This Proposal for Settlement is made for the purposes specified in Florida Statutes§768.79. 2. This proposal is being made by the Plaintiff,WILLIAM J.GREEN,JR. 3. This proposal is made to the Defendant,CITY OF OPA-LOCKA. 4. This proposal is attempting to resolve all claims stated in the Plaintiffs Statement of Claim,and Amended Statement of Claim ("collectively"Statements of Claim or action") and resulting damages that would otherwise be awarded in a final judgment in the action in which this proposal is served,and includes attorney's fees and costs. 5. This offer includes any alleged payments due, damages incurred and attorney's fees. 6. The Total amount offered to settle this action is Seven Thousand Seven Hundred Thirty-Nine Dollars,and 70/100 ($7,739.70). 7. The conditions of this proposal are that the Defendant shall make one lump sum installment in the amount of $7,739.70. Upon said final payment, the parties shall execute general releases and hold each other harmless as to all claims set forth in the Statements of Claim, or rationally related to the transactions and occurrences described therein. Further, the Plaintiff shall also dismiss the action as to this Defendant, with prejudice. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on November 6th, 2018, pursuant to Admin. Order No. AOSC13-49,and in accordance with Fla.R.Jud.Admin 2.516,the undersigned complied with the service requirements by electronically filing this document through the Florida Courts E-Filing Portal,which provides for electronic service upon:THE BROWN LAW GROUP,LLC., Attorney for Defendant City of Opa-Locka, 847 NW 119th Street, Miami, Florida 33168, on this 6°t' day of November 2018, and the original hereof filed with the Clerk of the above- styled court. THE BELONY LAW GROUP,PLLC. ONE FLAGLER BUILDING Counsel for Plaintiff 14 Northeast First Avenue,Suite 502 Miami Florida 33132 T.305.755.9551 F.305.755.9554 By: ERIGENE BELONY Fla Bar No.: 542032 IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA WILLIAM J.GREEN,JR Plaintiff, GENERAL JURISDICTION DIVISION vs. CASE NO.: 2018-13143 SP 05 CITY OF OPA-LOCKA, FLORIDA THE HONORABLE: GINA BEOVIDES a Municipal Corporation, Defendants. PLAINTIFF WILLIAM J.GREEN.JR..PROPOSAL FOR SETTLEMENT COMES NOW, the Plaintiff, WILLIAM J. GREEN, JR., (hereinafter "Plaintiff or Green") by and through the undersigned counsel,and,and pursuant to Fla. R.Civ.P.1.442 and Florida Statutes§768.79,hereby files this Proposal for Settlement in this action as follows: 1. This Proposal for Settlement is made for the purposes specified in Florida Statutes§768.79. 2. This proposal is being made by the Plaintiff,WILLIAM J. GREEN,JR. 3. This proposal is made to the Defendant, CITY OF OPA-LOCKA. 4. This proposal is attempting to resolve all claims stated in the Plaintiff's Statement of Claim,and Amended Statement of Claim ("collectively"Statements of Claim or action") and resulting damages that would otherwise be awarded in a final judgment in the action in which this proposal is served,and includes attorney's fees and costs. 5. This offer includes any alleged payments due, damages incurred and attorney's fees. 6. The Total amount offered to settle this action is Seven Thousand Seven Hundred Thirty-Nine Dollars,and 70/100 ($7,739.70). 7. The conditions of this proposal are that the Defendant shall make one lump sum installment in the amount of $7,739.70. Upon said final payment, the parties shall execute general releases and hold each other harmless as to all claims set forth in the Statements of Claim, or rationally related to the transactions and occurrences described therein. Further, the Plaintiff shall also dismiss the action as to this Defendant, with prejudice. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on November 6th, 2018, pursuant to Admin. Order No. AOSC13-49,and in accordance with Fla.R Jud.Admin 2.516,the undersigned complied with the service requirements by electronically filing this document through the Florida Courts E-Filing Portal,which provides for electronic service upon: THE BROWN LAW GROUP, LLC., Attorney for Defendant City of Opa-Locka, 847 NW 119th Street, Miami, Florida 33168, on this 6th day of November 2018, and the original hereof filed with the Clerk of the above- styled court. THE BELONY LAW GROUP,PLLC. ONE FLAGLER BUILDING Counsel for Plaintiff 14 Northeast First Avenue,Suite 502 Miami Florida 33132 T. 305.755.9551 F. 305.755.9554 ebelon, @tbg-law.com �d/ By: ERIGENE BELONY Fla Bar No.: 542032