HomeMy Public PortalAbout19-9718 Settlement Agreement Involving Law Enforcement MattersRESOLUTION NO.19-9718
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING A
SETTLEMENT AGREEMENT INVOLVING LAW
ENFORCEMENT MATTERS IN THE TOTAL AMOUNT
OF EIGHT THOUSAND DOLLARS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY ACTION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on November 7, 2019 Lavarius Bethel Charles and Trenee
Mickelle Williams were occupants of an apartment when they came into contact
with City of Opa-Locka ("City") police officers; and
WHEREAS, the City admits no liability but in an effort to resolve any
controversy between the City and the above -named persons after contact, all
parties desire to amicably and expeditiously resolve all claims and avoid the
potential costs relating to possible litigation; and
WHEREAS, the parties desire to enter into a Waiver of Liability and Hold
Harmless Agreement, attached hereto as Exhibit "A" for a total amount of Eight
Thousand Dollars ($8,000.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, THAT:
Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby
ratified and confirmed as being true and the same are hereby made a specific part of
this Resolution.
Section 2. Approval of Waiver of Liability and Hold Harmless Agreement.
The City Commission of the City of the City of Opa-Locka hereby approves the
settlement agreement with Lavarius Bethel Charles and Trenee Mickelle Williams in the
total amount of Eight Thousand Dollars ($8,000.00), attached hereto as Exhibit "A" and
further authorizes the City Manager to take necessary action consistent with this
Resolution.
Section 3. Effective Date. This Resolution shall be effective immediately upon
adoption hereof.
Resolution No. 19-9718
PASSED and ADOPTED this 26th day of November, 2019.
Matthew A. Pigalt, Mayor
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris -Weeks, P.A.
Moved by: Commissioner Burke
Seconded by: Vice Mayor Davis
VOTE: 4-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley NOT PRESENT
Vice -Mayor Davis YES
Mayor Pigatt YES
Resolution No. 19-9718
"Exhibit A"
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Department
Director
Signature:
- --Th
City Manager:
John E. Pate
CM Signature:
(
s
- --�,
)
Commission
Meeting Date:
11.26.19
Item Type:
(EnterX in box)
Resolution
rd' anc
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading.
(Enter X in box)
1st Reading
2nd Reading
X
Public Hearing:
(Enter Xin box)
Yes
No
Yes
No
Funding
Source:
Governmentwide
= All Funds
(Enter Fund &
Dept)
Ex:
General
Advertising Requirement:
(Enter X in box)
Yes
No
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
x
Strategic Plan
Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
•
MI
Image El
•
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Settlement Agreement related to Public Safety incident that occurred on November 7, 2019.
Staff Summary:
Settlement Agreement that is in the best interest of the City, related to an incident that occurred on November
7, 2019 with a member of the Police Department. The City admits no liability related to this matter.
Proposed Action:
Staff recommends the approval.
Attachment:
Settlement Agreement
"Exhibit A"
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration for receiving the total sum of Eight Thousand Dollars ($8,000.00)
Lavarius Bethel Charles and Trenee Mickelle Williams and the City of Opa-Locka hereby
stipulate and agree to enter into this Waiver of Liability and Hold Harmless Agreement
and Release (Agreement") this 19th day of November 2019 as follows:
1. We, Lavarius Bethel Charles and Trenee Mickelle Williams, hereby RELEASE,
WAIVE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS: The City of
Opa-Locka, its Commission, its Officers, employees, representatives, associates, agents,
volunteers, successors and assigns of The City of Opa-Locka, (hereinafter referred to as
CITY) from any and all liability, personal injury, claims, demands, action, judgments,
costs, expenses, court costs, attorney fees and causes of action whatsoever arising out
of or related to any loss, damage, or injury that may be claimed by us concerning issues
and matters concerning the City of Opa-Locka and it's employees, including police
officers concerning matters taking place on or about November 7, 2019 at address 13875
NW 22nd Avenue, Apartment 290, Opa-Locka, FL 33054.
2. We further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the CITY
from any loss, liability, damage, demands, liens, liabilities, judgments or costs, including
court costs and attorney fees if we were to make any claim against the City of Opa-Locka
in the future regarding matters involving the City of Opa-Locka police or other City
employees on or about November 7, 2019.
3. It is our express intent that this Release and Hold Harmless Agreement shall bind
us and our family members and that we freely RELEASE, WAIVE, DISCHARGE AND
COVENANT NOT TO SUE the above named CITY. We hereby further agree that this
Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with
the laws of the State of Florida.
5. We expressly agree that this Release and Hold Harmless Agreement is intended
to be as broad and inclusive as is permitted by the laws of the State of Florida, and if any
portion of this Agreement is held to be invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect.
6. We acknowledge that this Agreement is contingent upon City of Opa-Locka
Commission approval and that of the State of Florida.
IN SIGNING THIS RELEASE, WE ACKNOWLEDGE AND REPRESENT THAT we have
read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and
sign it voluntarily as our own free act and deed; no oral representations, statements, or
inducements, apart from the foregoing written agreement, have been made; we are at
least eighteen (18) years of age and fully competent; and we execute the Release For
full, adequate, and complete consideration fully intending to be bound by same.
Lavarius Bethel Charles
13875 NW 22nd Avenue, Apt. 290
Opa-locka, FL 33054
DOB: 5/24/83
Trenee Mickelle Williams
13875 NW 22nd Avenue, Apt. 290
Opa-locka, FL 33054
DOB: 7/17/71
IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day of ,2019.
CITY OF OPA-LOCKA
RY:-NA:P 1447-6k
_1PiB-., SHERINE M. BULLOCK
Notary Public • State of Florida
'o Commission N GG 326479
-'�o� 1 My Comm. Expires Apr 22, 2023
Bonded through National Notary Assn.