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HomeMy Public PortalAbout12-8348 Settlement for Willie Smalls Sponsored by: City Manager RESOLUTION NO. 12-8348 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE SETTLEMENT FOR WILLIE SMALLS IN THE MATTER OF SMALLS VS. CITY OF OPA-LOCKA, CASE NO 11-23062 CA 09, IN THE TOTAL AMOUNT OF $57,000, PAYABLE FROM ACCOUNT NO. 28-514390; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Willie Smalls was an employee of the City of Opa-locka, who was terminated; and WHEREAS, although the City of Opa-locka denies the allegations asserted by Willie Smalls, nonetheless, to avoid unnecessary expense and the uncertainty of litigation, the City desires to settle any and all alleged claims of Willie Smalls, and to reinstate his employment; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the settlement agreement between Willie Smalls and the City of Opa-locka. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, approves the settlement between Willie Smalls and the City of Opa-locka, in the total amount of$57,000, inclusive of attorney fees, payable from Account Number 28-514390, on the terms set forth in the attached Exhibit"A". Resolution No. 12-8348 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 14th day of March, 2012 / F s ` y // n K`r'4/ .. MYIA TAYLOR MAYOR Attest to: 4,L_________ Joanna Flores ` Interim City Clerk Approved as to orm and legal sufficiency: l erk f k Jo ,jY eler City Atto ey Moved by: COMMISSIONER HCLMES Seconded by: COMMISSIONER MILLER Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 7906833 vl GENERAL RELEASE,NO LIEN AFFIDAVIT, AND INDEMNIFICATION AGREEMENT WILLIE SMALLS,hereinafter referred to as"first party,"for and in consideration of the sum of FIFTY SEVEN THOUSAND and NO/100 ($57,000.00)DOLLARS and reinstatement to a position of employment with the CITY OF OPA-LOCKA and other valuable consideration received from or on behalf of CITY OF OPA-LOCKA,and BRYAN FINNIE,as City Manager of Opa-locka, the receipt whereof is hereby acknowledged, HEREBY irrevocably remises,releases,acquits,satisfies,and forever discharges CITY OF OPA-LOCKA and BRYAN FINNIE, as CITY MANAGER OF OPA-LOCKA, officials, agents, representatives, employees, and insurance carriers,hereinafter collectively referred to as"second parties" of and from all, and all manner of action and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, liens, subrogated interests,rights of indemnity and contribution,promises,variances,trespasses,damages, awards, judgments, remedies, executions, demands and claims whatsoever in law and equity (collectively "CLAIMS") which said first party ever had, now has, or which any personal representative,successor,heir or assign of said first party,hereafter can,shall or may have,against said second parties, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of these presents. This General Release includes,but is not limited to, any CLAIMS raised in,that could have been raised in,or arising out of the litigation captioned: CASE NO. 11-23062 CA 09, IN THE CIRCUIT COURT OF THE 1 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,WILLIE SMALLS,Plaintiff,v.CITY OF OPA-LOCKA,and BRYAN FINNIE, as CITY MANAGER of OPA-LOCKA,Defendants. FIRST PARTY SPECIFICALLY UNDERTAKES AND AGREES TO INDEMNIFY the second parties and hold them harmless for and against CLAIMS of any kind,including all ambulance,air ambulance,medical transport,hospital,and medical provider claims,demands, and liens,that are or may be asserted against the second party. First Party represents that all bills, invoices, and charges arising out of the incident sued upon in the Litigation have been or will be satisfied and paid in full out of the sum referenced above and that no liens or CLAIMS of any kind remain pending. First party has carefully read this General Release,No Lien Affidavit, and Indemnification Agreement with the assistance of his attorney,James H. Greason, Esq.,and understands its terms, obligations,operation,and effect. First party acknowledges that payment of the sum referenced above is intended only to resolve pending litigation and shall not be deemed or considered any admission or acceptance of blame, liability, or responsibility in any respect for the matters claimed by the First Party in the Litigation. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ,2012. Signed, sealed and delivered in the presence of: Witness WILLIE SMALLS Witness STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared WILLIE SMALLS to me known to be the person described or who presented the following identification_ ,and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2012. NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. Page 2 of 2 General Release,No Lien Affidavit,and Indemnification Agreement Smalls v. City of Opa-locka, et al. CASE NO. 11-23062 CA 09 • IN THE CIRCUIT COURT• OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,FLORIDA CASE NO.: 11-23.062 CA 09 • WILLIE SMALLS, Plaintiff, V. CITY OF OPA-LOC1A, and BRYAN FIN/4M, as CITY MANAGER OF OPA-LOCKA, • Defendants. STIPULATION FOlt.t viS1VIISSAL WITH PlIEADICE OF CLAIMS AVAINST DEVENDAWS rr iS IMMO/STIPULATED AND Amu])by and between the undersigned counsel for the respective parties herein, that the claims of the Plaintiff, WrI,LIE SMALLS, against the• . Defendants, CITY OF OPA-LOCICA. and BRYAN MIME, as Cl rl MANAGER OF OPA- LOCICA, have been amicably resolved, and that the Plaintiff's claims in this matter against the . Defendants, CITY OP OPA-LOCKA and BRYAN PINIslIE, as CITY MANAGER OP OPA- 1,OCKA, shall be dismissed with prejudice;urith the reSpeelive patties to bear their ourn costs and • attorney? fees. James FL treason Johnson, Anseimo,Murdoch, P.O. Box 611331 Burke,.Piper&Hochman,P.A. North Miami,FL 33261 2455 E. Sunrise Blvd., Suite 1.000 Counsel for Plaintiff Rut Lauderdale,Florida 33304 Counsel for Defendants By: fames 11, Greason,Esq.' By: FL Bar No.247911 JEFFREY L. HOCHMAN, ESQ. FL Bar No. 902098 CHRISTOPHER J. STEARNS,ESQ. FL Bar No. 557870 IN THE CIRCUIT COURT OF TAE 11TI-1 JUDICIAL CIRCUIT IN AND FOR MIAMI-DA.DE COUNTY, FLORIDA CASE NO.: 11-23062 CA 09 WILLIE SMALLS, Plaintiff, V. CITY OP OPA-LOCKA, and BRYAN 1im1/40,as CITY MANAGER OF OPA-LOCKA, Defendant's. kINAL WEIR OSMISSAL WITh PIEJUDICI1 THIS CAUSE having come before the Court upon the Stipulation for Dismissal with Prejudice between Plaintiff, WILLIE SMALLS, and Defendants, Cil'Y OF OPA-LOCKA and BRYAN PINNIE,as CITY MANAGER.OF OPA-LOCKA,and the Court being fully advised in the premises,it is hereupon ORIAR1ED AND ADIUDGED that all claims in this matter in their entirety against the CITY OF OPA-LOCKA. and BRYAN PINNTE, as CITY MANAGER OF OPA-LOCKA shall be dismissed with prejudice,with these respective parties to bear their own costs and attorneys' fees. DONE AND ORDERED in Climbers at Miami-Dade County,.Florida, this day of ,2012. • HONORABLE JERALD BAGLEY CIRCUIT COURT JODOE Copies furnished: [Pax:Jeffiey L.Hochttning1-954-463-244] [Faxaaines H. Greason@l-786.629-7377j.