HomeMy WebLinkAboutR-2000-003 RESOLUTION NO. 2000-003
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA, APPROVING THE SETTLEMENT OF THE
LAWSUIT RELATED TO THE UNDERPAYMENT BY BROWARD
COUNTY OF "MINNET" FUNDS FOR EMERGENCY MEDICAL
SERVICES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1973, a group of mayors from the Broward cities which provided their
own Emergency Medical Services ("EMS", the "Provider Cities"), brought suit against
Broward County (the "Alsdorf' case) claiming that the residents of their cities were being
subjected to double taxation by the County as a result of its use of county wide ad
valorem tax revenues to fund the County's EMS system; and
WHEREAS, in response to an injunction issued by Circuit Court Judge James F. Minnet
in the Alsdorf case (as affirmed by the Fourth District Court of Appeal), the County
entered into Interlocal Agreements with the Provider Cities that required payment to be
made to the Provider Cities in accordance with a formula contained in the Agreements,
and
WHEREAS, the Provider Cities are: Dania Beach, Deerfield Beach, Hallandale Beach,
Hollywood, Lauderdale Lakes, Margate, Miramar, Oakland Park, Pembroke Pines,
Pompano Beach and Sunrise, and
WHEREAS, in 1995, the Provider Cities joined with other Broward municipalities to form
The Group City EMS Coalition of Broward County, Florida, Inc. (the "Coalition"), to
address common EMS issues; and
WHEREAS, the Coalition hired Mr. William G. Benson, a certified public accountant, to
analyze the payments being made to the Provider Cities under the Interlocal
Agreements and pursuant to the Alsdorf decision; and
WHEREAS, Mr. Benson found that, based upon the Cities' interpretation of the
Interlocal Agreements, the County substantially underpaid the Provider Cities between
1984 and 1996; and
WHEREAS, in December 1998, nine of the Provider Cities filed suit against Broward
County to recover the underpaid amounts: and
WHEREAS, a settlement has been approved by Broward County under which Broward
County, will pay the eleven Provider Cities a total of$8,020,000.00 (of which
approximately $230,460.00 will be paid to the City of Dania Beach) within ten days of
delivery of executed settlement documents from all of the Cities; and
1 RESOLUTION NO. 2000-003
WHEREAS, Jamie Alan Cole, of Weiss Serota Helfman Pastoriza & Guedes, P.A. (the
attorney for the Coalition and the plaintiff Cities), recommends that each of the Provider
Cities approve the settlement; and
WHEREAS, the Coalition has voted to recommend that each of the Provider Cities
approve the settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the settlement in the amount of$8,020,000.00 to the eleven
Provider Cities (of which approximately $230,460.00 will be paid to the City of Dania
Beach), is hereby approved, and all appropriate City officials are authorized and
directed to sign all documents necessary to effectuate the settlement, in a form
acceptable to the City Attorney.
Section 2. That this resolution shall be effective immediately upon its passage
and adoption.
PASSED AND ADOPTED this 11t" d an , 2000.
• - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
VICE-MAYOR MCELYEA- - YES
SHERYLe'CHAPMAPC COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM ND CORRECTNESS.
BY: -r - � , AA 4
TF40MO J. A SBR
CITY ATTORNEY
GAresol ution2000\resminnetfunds.doc
2 RESOLUTION NO. 2000-003
SPECIAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the City of Dania Beach, Florida, a Florida municipal corporation ("first
party"), for and in consideration of the sum of TEN and NOIXX ($10.00)
DOLLARS and other valuable consideration, received from or on behalf of
BROWARD COUNTY, FLORIDA, a subdivision of the State of Florida ("second
party") (when used herein, the terms "first party" and "second party" includes
singular and plural, heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations, when the context so requires), the receipt of
i
which is hereby acknowledged,
HEREBY remise, release, acquit, satisfy and forever discharge the second
party of and from any and all manner of action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, liens, assessments, executions, attorney's fees,
court costs, claims and demands whatsoever, in law or in equity, which the first
party ever had, now has, or which any personal representative, successor, heir or
assign of the first party hereafter can, shall or may have, against the second party
and all employees and agents of the second party, for, upon or by reason of any
matter, cause or thing whatsoever, from the beginning of the world to the day of
-1-
• these presents, arising out of or in any way related to that certain 1983 "Interlocal
Agreement Between Broward County and City of Dania Beach Providing for the
Furnishing of Emergency Medical Services to a Portion of Broward County,
Florida," including those claims which were or which could have been raised by the
first party in the lawsuit styled City of Dania Beach, et al. v. Broward County,
Florida, Broward County circuit court case number 98-17841 (13).
The first party hereby represents and acknowledges that it has retained
independent legal counsel to represent it in this matter, and the first party
understands that, by signing this Special Release, it is legally bound by the terms
set forth herein.
IN WITNESS WHEREOF, we have hereunto set our hands and seal this
2.7th day of January 2000.
Signed, sealed and delivered
in the presence of:
CITYn1riAEACH, FLORIDA
Sheryl Chapman, Acting ohn M. Bertino
City Clerk Mayor
Approved as to form•
City Aito ey
-2-
JAN-06-2000 THU 04:27 PM WEISS SEROTA HELFMAN FAX N0, 954 764 7770 P. 02
WEISS SEROTA HELFMAN
PASTORIZA & GUE7:)ES, P.A.
ATTORNEYS AT LAW
BROWARO OFFICE
JAMIE ALAN COLS MITCHELL J.BURN5TEIN 1132 SOUTHEAST SECOND AVENUE MIAMI-DADE OFFICE
POWARO G.GUCOCS ELAINE M,COHEN FORT LAUDEitDALE, FLORIDA 33316 2665 SOUTH BAYSHORE DRIVE
STEPHEN J, HELFMAN MICHELLE M, 6ALLARDO SUITE 420
GILBERTO PASTORIZA OOUOLAS R.GONZALES MIAMI. FLORtOA 33I33
JOSEPH H.SEROTA JOHN R.HERIN,JR. TELEPHONE (954) 763-4242 TELEPHC NE (305) SS4-0800
RICHA
ROBE
DAVID M.
JAY PIN CHRIS T W. HOL- NO'KIJP TELECOPIER (954)764-7770 TELECOPIER (34S)A54-2323
DAVIO M.WOLPIN CHRI3TOPNER P-KURTZ
SYEVCN W.tELKOWITZ PETER A.LICHTMAN VAVW. SH-FLALAW.COM
KAREN LIEBERMAN' OF COUNSEL
BERNARD S.MANOLER
LILLIAN ARANC30 DE LA HOZ' MARIE E.MATO
RICHARD A,ARONSKY NANCY RUBIN'
PATRICIA M.0ALOYRA GAIL O.SEROTA'
A05004 S.BIELER ARI C.SHAPIRO
MITCHELL A.131F.RMAN JEFFREY P.5HEFFEL
NINA L. BONISKE DANIEL A.WEI35'
January 4, 2000
VIA FACSIMILE ONLY
• Members of the Group City Emergency Medical Service
Coalition of Broward County, Florida, Inc. (thc "EMS Coalition")
Re: Settlement of the Litigation Related to the Underpavmcnt
of ` Nfinnet" Funds, Case No. 98-17841 (131
Ladies and Gentlemen:
I am very pleased to report that all of our hard work has paid off: the County Commission
today approved, by a 7-0 vote, a settlement of the "Minnet" lawsuit for a total of $7,000,000 for
the ten Cities (plus an additional $1,020,000 for Pembroke fines), to be paid within ten days after
each of the Cities approves the settlement and executes the appropriate settlement documentation.
This settlement culminates several years of hard work by the EMS Coalition, and
represents a major victory for us. Transmitted herewith is a form resolution approving the
settlement. If you would like me to appear at an executive session to discuss the settlement,
and/or at the City Conunission meeting at which it will be considered, please call me and Ict me
know.
JAN-06-2000 THU 04:28 PM WEISS SEROTA HELFMAN FAX NO. 954 764 7770 P. 03
Members of the Group y Emergency City Emer Medical
�
Services Coalition of Broward County, Florida, Inc,
January 4, 2000
Page 2 of 2
The exact amounts that each City will receive under the settlement is being calculated by
the EMS Coalition's accountant, but the following sets forth the preliminary estimates of the
amounts that each City will receive:
Dania Beach $ 230,460
Deerfield $ 654,810
Ifallandale Beach $ 423,660
Hollywood $1,689,120
Lauderdale Lakes $ 376,050
Margate $ 603,060
Miramar $ 578,910
Oakland Park $ 379,500
Pembroke Pines $1,020,000
Pompano Beach $ 995,670
Sunrise $ 968,760
• Coalition (legal/aectg) 100 QQQ
Total $8,020,000
If you have any questions, or would like to discuss the settlement, please do not hesitate to
call me,
Sinc ly,
3 t pie Ala Cole
WEISS SEROTA HELFMAN
PASTORIZA & G'UEDES, P.A.
SPECIAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the City of Dania Beach, Florida, a Florida municipal corporation ("first
party"), for and in consideration of the sum of TEN and NOAX ($10.00)
DOLLARS and other valuable consideration, received from or on behalf of
BROWARD COUNTY, FLORIDA, a subdivision of the State of Florida ("second
party") (when used herein, the terms "first party" and "second party" includes
singular and plural, heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations, when the context so requires), the receipt of
which is hereby acknowledged,
HEREBY remise, release, acquit, satisfy and forever discharge the second
parry of and from any and all manner of action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, liens, assessments, executions, attorney's fees,
court costs, claims and demands whatsoever, in law or in equity, which the first
party ever had, now has, or which any personal representative, successor, heir or
assign of the first party hereafter can, shall or may have, against the second party
and all employees and agents of the second party, for, upon or by reason of any
matter, cause or thing whatsoever, from the beginning of the world to the day of
-1-
these presents, arising out of or in any way related to that certain 1983 "Interlocal
Agreement Between Broward County and City of Dania Beach Providing for the
Furnishing of Emergency Medical Services to a Portion of Broward County,
Florida," including those claims which were or which could have been raised by the
first party in the lawsuit styled City of Dania Beach, et al. v. Broward County,
Florida, Broward County circuit court case number 98-17841 (13).
The first party hereby represents and acknowledges that it has retained
independent legal counsel to represent it in this matter, and the first party
understands that, by signing this Special Release, it is legally bound by the terms
set forth herein.
IN WITNESS WHEREOF, we have hereunto set our hands and seal this
217th day of January 2000.
Signed, sealed and delivered
in the presence of:
CITY F D IA BEACH, FLORIDA
Sheryl Chapman; Acting ;7
ohn M. Bertino
City Clerk Mayor
Approved as to form•
City Atto ey
-2-