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RESOLUTION NO. 2014 -�';a(AO <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, APPROVING SETTLEMENT <br />AGREEMENT AND MUTUAL GENERAL RELEASE ATTACHED <br />HERETO AS EXHIBIT "A" FOR SETTLEMENT IN THE LAWSUIT <br />STYLED "CARIDAD MARTINEZ V. CITY OF SUNNY ISLES <br />BEACH, CASE NO.: 14- 20469- CIV- WILLIAMS /SIMONTON" <br />PENDING BEFORE THE U.S. DISTRICT COURT FOR THE <br />SOUTHERN DISTRICT OF FLORIDA; AUTHORIZING THE CITY <br />TO PAY REASONABLE ATTORNEY'S FEES AND COSTS <br />ASSOCIATED WITH THE CASE; PROVIDING THE CITY <br />MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO <br />DO ALL THINGS NECESSARY TO EFFECTUATE THIS <br />RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, former City employee Caridad Martinez filed a lawsuit under 29 U.S.C. <br />201 -216 Overtime Wage Violation against the City; and <br />WHEREAS, this action is pending in the U.S. District Court for the Southern District of <br />Florida; and <br />WHEREAS, the City and the Plaintiff have reached an agreement whereby for <br />consideration and promises contained in the Settlement Agreement and Mutual General Release <br />(the "Agreement ") the Parties unconditionally release and discharge each other from any and all <br />claims, demands, liability, and cause of action of any kind or nature; and <br />WHEREAS, the City Commission wishes to accept the terms and conditions outlined in <br />the Settlement Agreement and Mutual General Release. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approving the Settlement Agreement and Mutual General Release. The Settlement <br />Agreement and Mutual General Release in the lawsuit styled "Martinez v. City of Sunny Isles <br />Beach ", attached hereto as Exhibit "A" is hereby approved. <br />Section 2. Authorizing the City to pay reasonable attorney's fees and costs. The City <br />authorizes the payment of reasonable attorney's fees and costs associated with the case. <br />Section 3. Authorization of the City Manager and City Attorney_ The City Manager and the <br />City Attorney are hereby authorized to do all things necessary to effectuate same. <br />Section 4. Effective Date. This Resolution shall become effective upon adoption. <br />Page I of 2 <br />