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� SVNNY IS<F,r City of Sunny Isles Beach <br />18070 Collins Avenue, Suite 250 <br />Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 City Hall <br />(305)949 -3113 Fax <br />tiF 99,. FLO�\oPSj (305) 947 -2150 Building Department <br />/rr OUN P� <br />0 305 947 -5107 Fax <br />F S <br />MEMORANDUM <br />TO: Honorable Mayor and City Commission <br />FROM: Hans Ottinot, City Attome <br />DATE: June 19, 2014 <br />City Commission <br />Norman S. Edelcup, Mayor <br />Isaac Aelion, Vice Mayor <br />Jeanette Gatto, Commissioner <br />Jennifer Levin, Commissioner <br />George "Bud" Scholl, Commissioner <br />Christopher J. Russo Ciry Manager <br />Hans Ottinot, City Attorney <br />Jane A. Hines, MNIC, City Clerk <br />RE: Resolution approving the settlement agreement and mutual general release in the <br />lawsuit styled "Caridad Martinez v. City of Sunny Isles Beach" <br />RECOMMENDATION <br />It is recommended that the City Commission approve the settlement agreement and mutual <br />general release in the lawsuit styled "Caridad Martinez v. City of Sunny Isles Beach, Case No.: <br />14- 20469- CIV- WILLIAMS /SIMONTON ". <br />REASONS <br />Former City employee Caridad Martinez filed a lawsuit under 29 U.S.C. 201 -216 Overtime Wage <br />Violation against the City. This action is currently pending in the U.S. District Court for the <br />Southern District of Florida. The City and the Plaintiff have reached an agreement outlined in the <br />Settlement Agreement and Mutual General Release. Per terms and conditions of the Settlement <br />Agreement and Mutual General Release, the Plaintiff unconditionally releases the City from any <br />and all alleged claims, demands, liability, and cause of actions, including but not limited to the <br />Fair Labor Standards Act ( "FLSA ") or state wage and hour law. <br />By entering into this Settlement Agreement, the City does not admit any liability whatsoever to <br />Plaintiff, or to any other person, arising out of Plaintiffs claim for unpaid overtime wage <br />violations against the City. Rather, this is an effort to amicably resolve the matter and avoid <br />additional costs and attorney's fees to the City. The City agrees to settle the Plaintiffs claim for <br />Fourteen Thousand Dollars ($14,000.00) within fifteen (15) days of the Court's approval of this <br />Settlement Agreement. Plaintiff shall receive Seven Thousand Nine Hundred Sixty Dollars <br />($7,960.00) out of the settlement proceeds, and Plaintiffs attorney shall receive Five Thousand <br />Six Hundred Dollars ($5,600.00) in attorney's fees and Four Hundred and Forty Dollars <br />($440.00) as costs incurred in the litigation. <br />Aghnnda Tte Q <br />los <br />Date 1,, — �q - 14 <br />