Submitted By: City Attorney William E. Sexton
Presentation By: City Attorney William E. Sexton
end
Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
title
Termination of Agreement for Class Action Notice and Administration Services with The Notice Company, Inc. for claims administration associated with the City of Ocala, Florida - Fire Fee Refund
end
OCALA'S RELEVANT STRATEGIC GOALS:
Fiscally Sustainable
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
In or about March of 2022, and based upon the advice of legal counsel, the City of Ocala, Florida entered into an Agreement for Class Action Notice and Administration Services with The Notice Company, Inc. for the purpose of administering the Court-ordered distribution of claims from the case styled Discount Sleep of Ocala, LLC v. City of Ocala, Florida (Case Number 2014-CA-00426).
In or about August of 2023, the City of Ocala, Florida terminated the services of The Notice Company, Inc. with regard to the Second Distribution of claim funds and tasked The Notice Company, Inc. with completing the First Distribution of claim funds by the end of 2023.
Given the number of outstanding claims which have not been resolved by The Notice Company, Inc. at this time, staff recommends that City Council terminate the Agreement for Class Action Notice and Administration Services with The Notice Company, Inc. in its entirety; effective immediately.
Notwithstanding the foregoing, staff further recommends that The Notice Company, Inc. be directed to continue to monitor the open claims for which they have already distributed payment and complete the necessary close-out following resolution of these outstanding claims.
Lastly, staff recommends that the City Attorney be directed to provide The Notice Company, Inc. with a letter confirming the termination and outlining the other direction provided herein.
FINDINGS AND CONCLUSIONS:
Staff finds and concludes that the termination of the Agreement for Class Action ...
Click here for full text