Res No 174-12-13731RESOLUTION NO. 174-12-13731
A Resolution ratifying the settlement of Case No. 1048510- CA -04, W.
Ajibola Balogun v. City of South Miami, and authorizing the issuance of a
check in the amount of $278,598.79 from account No. 001.1500.514.3410,
City Attorney Other Contractual Service paid to the order of Neil Flaxman
Trust Account as complete settlement of all claims for separation pay,
severance pay, and all other claims for any other damages, attorney
fees and costs.
WHEREAS, W. Ajibola Balogun (`Balogun ") filed a lawsuit against the City of South
Miami (the "City ") seeking separation pay, severance pay, and damages for breach of contract,
including back wages, and damages for an alleged Sunshine law violation, as well as attorney
fees and costs; and
WHEREAS, Mr. Balogun claimed that his damages equaled $631,985.00 not including
his right to attorney fees and cost; and
WHEREAS, the City denied most of Mr. Balogun's claims and maintained that Mr.
Balogun was only entitled to separation pay and one month of severance pay which totaled
approximately $149,000; and
WHEREAS, the City has agreed to pay Mr. Balogun his separation pay and the six (6)
months of severance pay, as provided in his employment contract, as well as a reasonable sum
for his attorney fees and costs; and
WHEREAS, Mr. Balogun has agreed to waive the balance of his claim for damages.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby ratifies the settlement of the claims of W.
Ajibola Balogun for the total amount of $278,598.79 and the City is hereby authorized to issue
a check in the amount $149,624.39 from account No. 001.1500.514.3410, City Attorney Other
Contractual Service account which currently has a balance of $161,938, within 30 days of the
passage of this resolution and to pay the balance in October, 2012, after such sum has been
budgeted for such payment. The payments of the settlement amounts shall be by check paid to
the order of Neil Flaxman Trust Account. The parties shall execute general releases
approved by the City Attorney without waiving Mr. Balogun's indemnification rights, if any,
to unforeseen and unforeseeable claims of third parties, if any.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission,
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Res. No. 174 -12 -13731
PASSED AND ADOPTED this 21 stday of August , 2012.
ATTEST:
:M,
APPROVED:
M,,ir
104, VAIN
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
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