6a1 RESOLUTION NO. ______ _
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3 A Resolution ratifying the settlement of Case No. 10-18510-CA-04, W.
4 Ajibola Balogun v. City of South Miami, and authorizing the issuance of a
5 check in the amount of $278,598.79 from account No. 001.1500.514.3410,
6 City Attorney Other Contractual Service paid to the order of Neil Flaxman
7 Trust Account as complete settlement of all claims for separation pay,
8 severance pay, and all other claims for any other damages, attorney
9 fees and costs.
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11 WHEREAS, W. Ajibola Balogun ("Balogun") filed a lawsuit against the City of South
12 Miami (the "City") seeking separation pay, severance pay, and damages for breach of contract,
13 including back wages, and damages for an alleged Sunshine law violation, as well as attorney
14 fees and costs; and
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16 WHEREAS, Mr. Balogun claimed that his damages equaled $631,985.00 not including
17 his right to attorney fees and cost; and
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19 WHEREAS, the City denied most of Mr. Balogun's claims and maintained that Mr.
20 Balogun was only entitled to separation pay and one month of severance pay which totaled
21 approximately $149,000; and
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23 WHEREAS, the City has agreed to pay Mr. Balogun his separation pay and the six (6)
24 months of severance pay, as provided in his employment contract, as well as a reasonable sum
25 for his attorney fees and costs; and
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27 WHEREAS, Mr. Balogun has agreed to waive the balance of his claim for damages.
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29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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32 Section 1. The City Commission hereby ratifies the settlement of the claims of W.
33 Ajibola Balogun for the total amount of $278,598.79 and the City is hereby authorized to issue
34 a check in the amount $149,624.39 from account No. 001.1500.514.3410, City Attorney Other
35 Contractual Service account which currently has a balance of $161,938, within 30 days of the
36 passage of this resolution and to pay the balance in October, 2012, after such sum has been
37 budgeted for such payment. The payments of the settlement amounts shall be by check paid to
38 the order of Neil Flaxman Trust Account. The parties shall execute general releases
39 approved by the City Attorney without waiving Mr. Balogun's indemnification rights, if any,
40 to unforeseen and unforeseeable claims of third parties, if any.
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42 Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
43 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
44 the validity of the remaining portions of this resolution.
45
46 Section 3. This resolution shall become effective immediately upon adoption by vote of
47 the City Commission.
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PASSED AND ADOPTED this __ day of _____ , 2012.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE: READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
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