HomeMy Public PortalAbout12-8417 Approve the Settlement for Raymond Wall Sponsored by: City Manager
RESOLUTION NO. 12-8417
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO APPROVE THE
SETTLEMENT FOR RAYMOND WALLS IN THE MATTER
OF EDWARD BLACKMAN AND RAYMOND WALLS VS. THE
CITY OF OPA-LOCKA, IN THE TOTAL AMOUNT OF
$75,000.00, PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Raymond Walls 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 Raymond
Walls, nonetheless, to avoid unnecessary expense and the uncertainty of litigation, the City
desires to settle any and all alleged claims of Raymond Walls; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve the
settlement agreement between Raymond Walls 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 Raymond Walls and the City of Opa-locka, in the total amount of$75,000.00, inclusive
of attorney fees, in substantially the form attached hereto as Exhibit"A".
Resolution No. 12-8417
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 13`h day of June, 2012
i
MYRA TAYL C•
MAYOR
• st to:
1' U
IJoanna Flores
Interim City Clerk
Approved as to form and legal sufficiency:f 11,
Jr t
os;p S. Geller
Ci i Attorney
Moved by: VICE MAYOR JOH ON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
9447096 v1
GENERAL RELEASEt,NO LIEN AFFIDAVIT,
AND INDEMNIFICATION AGREEMENT
RAYMOND WALLS,hereinafter referred to as"first party,"for and in consideration of the
sum of SEVENTY FIVE THOUSAND and NO/100($75,000.00)DOLLARS and other valuable
consideration received from or on behalf of CITY OF OPA-LOCKA ("City"), including the
"Resignation Accommodation"defined below,the receipt whereof is hereby acknowledged,
HEREBY irrevocably remises,releases,acquits,satisfies,and forever discharges the City
and each of its insurance carriers, employees, officers, agents, representatives, and officials,
hereinafter collectively referred to as"second party,"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 party, for, upon or by reason of any matter, cause or thing
whatsoever,from the beginning of the world to the day of these presents and, additionally,hereby
waives all CLAIMS. 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. 10-23985-CIV-
WILLIAMS/TURNOFF,IN THE UNITED STATES DISTRICT COURT OF THE SOUTHERN
DISTRICT OF FLORIDA,EDWARD BLACKMAN and RAYMOND WALLS,Plaintiffs v.CITY
OF OPA-LOCKA,Defendant("Litigation").
FIRST PARTY SPECIFICALLY UNDERTAKES AND AGREES TO INDEMNIFY
the second party and hold second party harmless for and against any CLAIMS of any kind,
including all hospital and medical provider claims,demands,and Hens,and claims that are or
may be asserted against the City arising out of the incident sued upon in the Litigation.First
Party represents that all bills arising out of the incident sued upon in the Litigation have been
or will be satisfied and paid in full and that no Hens or CLAIMS of any kind remain unpaid
or pending.
First party has carefully read this General Release,No Lien Affidavit, and Indemnification
Agreement with the assistance of his attorney, Robert Switkes, 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 in the Litigation.
The term"Resignation Accommodation"means that the City will accept the attached Letter
of Resignation to be placed in the personnel file of RAYMOND WALLS.Neither this Resignation
Accommodation nor any terms or statements in the attached Letter of Resignation creates any rights
to compensation,pension,leave,or any other benefits in favor of RAYMOND WALLS of any kind.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
,2012.
Signed, sealed and delivered
in the presence of:
Witness RAYMOND WALLS
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 RAYMOND
WALLS 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
Blackman&Walls v. City of Opa-locka
CASE NO. 10-23985-CIV-WILLIAMS/TURNOFF
LETTER OF RESIGNATION
Effective October 1,2008,I,RAYMOND WALLS,submit this letter of resignation to the
City of Opa-locka and wish to express my gratitude for the opportunity to serve as a probationary
.City of Opa-locka Police Officer from June 23,2008,through October 1,2008. Other opportunities
have arisen which necessitate my separation from the City.
RAYMOND WALLS
ACCEPTANCE OF LETTER OF RESIGNATION
In my capacity as City Manager of the City of Opa-locka,I accept the Letter of Resignation
submitted by RAYMOND WALLS effective October 1,2008. The City will prepare the appropriate
documents to reflect the resignation of RAYMOND WALLS as indicated above.
City of Opa-locka
As City Manager