HomeMy Public PortalAbout12-8460 Raymond Walls Sponsored by: City Attorney
RESOLUTION NO. 12-8460
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO APPROVE AN AMENDED
SETTLEMENT AGREEMENT WITH RAYMOND WALLS, BY
CHANGING THE DATE OF SEPARATION FROM
EMPLOYMENT; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka approved a settlement
agreement between Raymond Walls and the City of Opa-locka; and
WHEREAS, Raymond Walls has requested that the City amend the agreement by
changing the date of separation from employment.
WHEREAS,the City Commission of the City of Opa-locka desires to accept and approve
the amended agreement.
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, Florida hereby accepts
and approves the amended settlement agreement between Raymond Walls and the City of Opa-
locka, Florida to change the date of separation from employment, per the attached Exhibit"A".
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 26th day of September, 2012
.
MY 1 TAYLOR
MAYOR
Resolution No. 12-8460
Attest to:
1 �
J I anna Flores
Interim City Clerk
Approved as to form and legal sufficiency:
Jose:r 4l1er
City tto -y
Moved by: COMMISSIONER H I MES
Seconded by: COMMISSIONER MI LER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
GENERAL RELEASE,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. l v-23985-CT V-
WILLIAMS/TURlNOFF,.IN THE UNITED STATES DISTRICT COURT OF THE SOUTHERN
DISTRICT OF FLORIDA,EDWARDBLACKMMAN and RAYMOND WALLS,Plaintiffs v.CITY
OF OP 4 LOCKA, Defendant("Litigation")..
FIRST PARTY SPECIFICALLY UNDERTAKES AND AGREES TO IN'I)TMNIFY
the second party and hold the second party harmless for and against any CLAIMS of any
kind,including all hospital and medical provider claims;demands,and liens,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 F=ve
been or will be satisfied and paid in fall and that no liens or„ ALMS rf any kind •
unpaid or pending.Moreover Robert Switkes..Es . and Rose witkes - �.� '
a + ee to rode '" the second art. hold it harmless and a defense costs and attorne s'
fees arising from.pertaining_to,or connected with an -CLAIMS.includin claims asserted b
other em s lo ers non-'artei and the FDLE related to the Ci 's a.reement to chap e the
date of first party's separation from employment with the City from October 2008.to June
i,2012.as contemplated by the Resignation Accommodation.
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 Letter of Resignation or Acceptance of 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 I day of
ds," , 2012.
Signed, sealed and delivered
in the presence of:
RAYMOND WALLS
I at
Witness
STATE OF FLORIDA }
) SS:
COUNTY OF MIA11 1-DARE )
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 othativiiMpTeSefftettlthrfelieNiangailierefrirdrirrr
and who executed the foregoing instrument and acknowledged
before me that he executed the same.
and official seal in th o tyand State ast aforesaid this day of
WITNESS my hand an
,2012.
U J Slit , frm-t OP 616
•
Page 2 of 3
General Release,No Lien Affidavit,and Indemnification Agreement
Blackman &Walls v. City of Opa-locka
CASE NO. 10-23985-CIV-WILLIAMS/TURNOFF
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3 day of
4✓,y v.!f' , 2012.
Signed, sealed and delivered
in the presence of:
ice—
'mess Robert S.. es, Esq.,personal y •
Robert Switkes, Esq., as authorized agent
Ai
for Rosen, Switkes&Entin,P.A.
fir
it 4i
W."'ess
STATE OF FLORIDA
) SS:
COUNTY OF MIAh1I-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 a cknowledgments, personally appeared ROBERT
SWITKES to me known to be the person described. l
, and who executed the foregoing instrument and
acknowledged before me that he executed the same.
official seal i r'the County and State last afo. d this"` of
Pr WITNESS my nand and ofi ci ��
, 2012. / r
et(
, LA.1hIM C. TURI4OFF
( tIrr) MA6i5112ft rSuO
Page 3 of 3
General Release,No Lien Affidavit, and Indemnification Agreement
Blackman&Walls v. City of Opa-locka
CASE NO. 10-23985-CN-WILLIAMSITURNOFF
LETTER OF RESIGNATION
Effective June 1,2012,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.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-locks,I accept the Letter of Resignation
submitted by RAYMOND WALLS effective Julie 1, 201 . The City wall are the appropriate
documents to reflect the resignation of RAYMOND WAILS as indi ;p,i eve.litir „,-....---......-
' I
Cit• of Q.")pa-locks
As 'ty Manger-