HomeMy WebLinkAboutR-1995-052 ,
1 LYw�yi FkPf.SYj Y yt'`wi"", , ;r
I +
p .
v'•" J r'4 yL YL.
s• T
J
x r r l�$f,
2' J
>> J F
r r:
RESOLUTION NO. 52-95
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN r
THE CITY OF DANIA AND MICHAEL L. HARRIS IN CONNECTION WITH
THE LEGAL ACTION ENTITLED "MICHAEL L. HARRIS V. CITY OF
DANIA", CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA, CASE NO. 88-30990-06;
PROVIDING FOR PAYMENT OF SETTLEMENT AMOUNT; AND
PROVIDING FOR AN EFFECTIVE DATE.
' BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA;
r� v
1 That that certain, Settlement Agreement and General Release by and
yf; between Michael L. Harris and the City of Dania in connection with the legal action" 9 tion entitled"Michael L. Harris vs. City of Dania, Circuit Court of the Seventeenth Judicial Circuit in and
P LYY YQ
W E x for Broward County, Florida, Case No. 88-30990-06, a copy of which is attached hereto
„ I
a F and made a part hereof as Exhibit "A", be and the same is hereby approved and the
appropriate city officials are hereby directed to execute same.-SeCt `h
i n 2. That the lump sum payment in the amount of Twenty-four Thousand
Seven Hundred and Fifty Dollars ($24, . 0) via check
7500 payable to Kusnick &
Rothstein, as provided for in paragraph 3 of said Settlement Agreement and General
Release, shall be paid from general fund prior year surplus.
aw" Section 3 That this resolution shall be in force and take effect immediately upon
its passage and adoption.
' h PASSED and ADOPTED on this 25th day of April 1995.
"
„ ATT
vT
��'� / _ Mayor- C missioner
Acting City Cl rk -Auditor
R APPROVED AS TO FORM & CORRECTNESS
g _� C° �' f
47 , FRANK C. ADLER, Cit Attorney
y
Resolution No. 52-95
iJ t a v
i
c
awayyyyb "
i
�„ P{.eat � t 1 : . .. � ._,. _. __ .. I •t c.
�✓��r d".�'#,4�ivT r lry� r.
� F, •AI'H-18-Jb
Nu. Jub
ar;l JL'U ,f5d�t�T��
i u 4Mr ` Y. U,;
SETTLE
MENT AGREERIE�]'('AND GENE
�Y oU RAL RELEASE
411
4
ThIS Settlemem Agreement aIt(l
General Release ("Ag1eetrrent") is entered into by and between MICH.4EL L. IiARRI5 (RABBIS) and THE
CTfYOFDANIA FLORIDA
u'HEREAS, HARRIS has filed a legal
e al action against
ainst the CITY seeks rag damages for
alleged personal injuries, sub nom Lficllacl
aU v Cityof Dania a Fl rid
7„r s y "t nicial
c o ti , Circuit Court of the Seventeenth u
t L� enteentlt Judicial Circuit in and for Broward County, j'
Florida, Case No. 88-30990-06;
r and
1 }}y t J
yeti AREAS, the CITY has denied ,
;`; •�'+K� RABBIS S claims; and
r
WHEREAS, the 'a •Parties prefer to enter
into a compromise in order to avoid unc�r'taitujes and expense Of further litigation. the '
J
THEREFORE
NOW , in consideration of all
mutual promises cont-;-- ne[ein tl �S1c
agreed as follows: ,� • , '
i :
i >x y I• Dismissal of Action �Fi h ,
Pt erndj a
S.- simultaneously with the w '
exeCntlOn Of this
s < ,
Agreement, RABBIS w
ill dismiss his lawsuit withpteiudice by directing
E, g his attorney to execute =
'y and file the attached Joint Stipulation for Dieutissal With pre
y7sr P <'
� � � :•• Iudice.
2• Waiver f lit is and 01 -
GA_ ea�nst he City. In consideration of the sum of
money referred to in
paragraph numlxted 3 of this A 8reemeat, RABBIS knowlr�gly and `r{
voluntarily waives any and all known
.... 1 and Unknown rights and claims which he has or may
r= ` against the CITY Y have
including but not limited to an cwas` r ° Y laim that
or could have been asserted •s+is c�ael L. Harris v. Ci of Dania a Fl ids munici al co
ration Circuit Court ourt of the
Seventeenth Judicial Circuit in and for$toward Co Circuit
ty, Florida, Case No. 88-30990-06, as well
HARMS
313r Page I of 7 —/1
ITY
P.EJs
Y b•�" ! Y
1Y Y Xf'1
z
`x`4
,"VFt a t
w k
v.1?)Ail� `r1`d °r •`+S e
I��A fr ��SSij`",yrn Yt Kh If, �',6 ry ,W1D.
��-.'}j ��n <1'n y i•,' Ie,'r �1 tr°4rd'Cj
-
v�,��i;'ft'1♦y�{x�5i�ia�
i~'*." I ti
a
r`rc� �'ij1 tK- b-y5 lUh 14.Ud 1JULLZA 111:,It.
1,
I
4
�4r3„ ,eta
any other claim(s) under Florida's
r a Whistle-blower,s Act, the F'
u'st and Fourteenth
Amendmems to the United States Constitution, Article 1
" A.
Section 4 of the Florida Constitution,
1<� Any hW9 Prohibiting.P Ling discrimination m employment, any Public
policy, contract, or the common
" law, including any tort claims (e,g„ negligent or intentional
miliction of e
negligent retention supervision motional distress)
F Pe iston or training; defamation;
efamation u
Tongful termination), whether based
r on common law or ot
herwise, which have arisen or may arise from the beginning I r I
g of time to the
Effective Date of this Agreement.
u � This waiver also bars any claim or demand for costs, fees, or Ot
her expenses, including
attarney's foes Rg
IN
incurred in connection with the above-ref
ILIk*� erenced action. The listing of claims
in this section is intended t
r o be illustrative rather than exhaustive_ Thus, gq
and agrees that this A KRIS u�rstands
Agreement constitutes a full and final bar to
a+ that he now any and all claims of any type
has against the CITY.
k a
)-j
�' rw�I.,�, RABBIS hereby releases, a F�i t
Kcgnits, and forever discharges the CITY
entrent City
i Managers'
, its former and
tY ers' its former `
and current Department Beads, its former and current j
r Commission members as well as each and eve
ry one of the CITY s former and cure l em officers,
agents, attorneys, representatives, employees i nip and officials (whether elected or appointed
to �3
both tlteir official capacities and as '
�µ individuals -- and heirs, executors ad
��•,• their
+ X s s successors, and assigns and all o Persons, Partnerships, administrators, :<
ji, r other fi
rin or corporations, of and from r I`a, + any and all actions, causes of action damages
g or demands of whatever ,
out of an tame or nature arising
Y anti all incidents or matters whichg
a
have arisen or may arise from the beginning oP7,4
r
��raa c4 y la 4 HARRis
Pare Z Of 7 /T_Y—
1 11`.tix ''✓ :��
FM_18-1995 r,
1a:@1
r.
P.EL
t
n
y v' 7�" •
fj
f �7 flWt,t
ti:� s } � 0e3r �tf, '
t11
e t
Nq Y{f �� ,✓ .. Y,.'�
f
:Ut 14•Uo I'IULL_r. ... I c
e
1 j1
1 ,
time to the Effective Date of this Agreement. RABBIS further agrees that he will never apply
�..
for employment with the
Fy ` CITY in the future.
This waiver covets an and
Y all claims for personal injury, emotional, mental, and
Physical pain and suffering, loss of earnings and earnin
g capacity: loss of support, and services;
and all hospital, medicare, social security liens and attorney's fees' lie
Qs, if any will be satisfied
out of the proceeds of this settlement by HARRIS.
w 3 n ' eration. In consideration for dismissal by HARRIS of Michae_ L. Hc1rps
t'
. of Dania a Florida municipal COCnoratinn
wr -- — — Circuit Court of the Seventeenth Judicial
f ; Circuit in and for Broward Coup
} r , ry, Florida, Case No. 88-30990-06, and his waiver and release
Y
of all claims a 41 gainst the CITY, the CITY will Pay HARRIS a Ju
mp sutra payrnem in the amount �
t' 7riz of Twenty-four TbuusRnc Seven Hundred and Fifty Dollars ($24750.00 via a
heck made f
X £t Payable to Kusnick 8r Ro hate;.. to e r �; nrn„mr a
e The CITY will deliver the check to The ;
Law Offices of KusuickRohtein within seven (7) days
after the Effective Date of this xf:
Agreement, as defined in r
3 f} pamBrnPh numbered 6. HAMS understands and agrees that the sum l of money paid to hire trader this Agreement is all he is entitled to receive from the
y• t , CITY; that ys
s L 4s? said sum of money is deemed damages, constituting compensation for any and all claimed
Personal injuries for which it ti ch
redr
ess was or could have been sought '
i �'3tt 8 m Michael L Harris v City
bra x+ "�rf of Dania a Florida munirinal COrpoiatinn �_ i
}
., Circuit COUrE of the Seventeenth Judicial Circuit in
u and for Bro '�
ward County, Florida, Case No. 88-30990-06;and that said sum of money represents t
full and total satisfaction of any and all attorneys fees costs incurred b him-in
Y connection
with that litigation.
t;
HARRIS
' Page 3 of 7
ry *t�s f4 CITY
1
•Y'1 f 5S{{yy,�'yYl 1�aei'� t.
'jN '.rA' tnt7�21
W. 1
Y'
P.05
xtin,�JS�1"'"w0
w� a 4'Rx
. yk
.
i i .,,t ur x • � r..ri IYU.
V
! r
„ p
4• Adequate Consideration/Additional l
anstd. e�hon, HARRIS agrees that
7,1 P s Payment :o him of the money set forth in paragraph
„' P graph numbered 3 of this Agreement constitutes
.. adequate and ample consideration for the ri is gh and claims he is waiving under ti=s
Agreement,
to which he would not otherwise be entitled but for this settlement and for the obligations
imp"'
upon hits by virtue of this Agreement. Further
RABBIS agrees tha: this Agreement
Provides him with additional or extra consideration to waive any claim of age discr'
g
animation that
he might now have against the CITY.
Y r
"- 5 Time to Consider Sil,nino Ao.
art n Rtohr r v ,
,� 1
,t* a r,' A HARRIS acknowledges that he has beengiven
aflerre, azleasttwem'-one(21)days "
rr 'cipt of this Agreement to:f +� decide whether to sign this
a
Agreement.
p ra! B. HARRIS understands that he
may revoke this Agreemem within seven (7)
days follow ' I '
ing the day he t
execues this Agreement,
greement
Any
revocation within thst Period must be f
submitted, in writing, Manager,t+ 8, to Robert FlaUey, tty, C' g , City of Dania, 100 Wes D tnia
$each
I
y st f 's Bouleva�.
Dania 3004 and state
Florida 3 , "I hereby revoke the Settlement Agreement" t, Y
revocad The
on must be mailed to and postmarked, or personally delivered J
to, Rokrt F1atleY within
seven (7) days of execution of this Agreement,
Ij.h� 4i 6• EMaive Date
This Agreement shall not become effective or enforceable unW
Robcrt Flade
y receives a letter from RABBIS in the form rm attached to this A
greemem as -
` Attachment A. Such letter shall not be valid oz'
accepted unless it is mailed to and postmarked, , ;t
ti or personally delivered to, Rob
ert F7atley at the address set forth in paragraph
,a
a 4, ,r
n x P m1mbered 5 above
:
,1
c
f l Y 1TT. X���ARRl S�pp
Page 4 of 7
Cny
,
FlFR-Sl3-: 14:03� ry.
, c yy nk
4 P.06
b�¢ yw:N�cf•��,�y>i.�
S�` ��t4i �k b•y��,� s
i
� 1
> Z S R! 1l6'`��. .Gf , a _ � , �•~i, S T x� r+�"'a'rx�''Y �,.� � '��`
W 9
r*,yt:sxryf F4ty�'
S�{hhr
o �y55�
?.,I;'s 4� -JIFF rti[A'+ ray
,gbh 4i2"LdW�1. 3�'; r try ni>�
iy
1 ,t APR-18-9b TUE 14;L-
:;u5 r. u r
r
I Y C}
3V IN4 f�
�,,aa},r•, {ry,a,. after the expiati;,n of the seven (7) day revocation period described in
ib P €raph numbered 5
f- {`AI
` �?•' above.
N
�a Yx �i r4.,1 F1! Px
+
7• OF
l�OD-Admi
* �'.' IOn WI'Op rtnino
" HARRIS agrees UM neither This Agreement
nor the futniahit s of any wnsideration under this Agreement shag be conswed as an admission
by the CITY of ar
} liability or unlawful conduct. To the contrary, the CnT specifically denies
that it caused w used any h rm or is in
�, 4t�.•, �._ legal a arty way liable to RABBIS.
1 Itr ,
T
} 8• Br e: h of A
merry
HARRIS agrees that if he breaches any of the promises
set forth in this Ag-aement,
t i the City sbail have the right to require HAMS to retort[all monies u
aid to L
�
"i
P him wader this
Agreement' IiARRIS also agrees that if he breaches am of the `y promises t
in this Agreement or if he
institutes a lawsuit to challenge this Agreement, be will pay all costs
and attorneys fees a erred by the City mpro or defend' 3
�°UnS defending any such claim or challenge,
9• SoverttinB iCw and L^►erurahon. greemem s ov
This A
construed in hall be governed and a g
�' tr acxc:.:ancc with the laws of the Stare of Florida. If a try Provision of this
dzcla_:d illegal Agreetuant is able b
gal or unenforceable y any court of competent jurisdiction and if it ;
1 G' cannot be m Ph
cdixk-�d w be enforceable'
«+ , such provisions ediatelyde
12a11 iron become null and void,
�4,wF;fix leaving the :ema;,xler of this Agreement in full force and effect. However, if the waiver
t{ > ^+ language of is
AE .emcnt is declared unenforceable
s yJ
because of actions taken by HARRIS or
c
on his behalf. HARRIS shag return
all monies paid to him under this.A
greement.
+ ar,r/ 10. Entire A
t + t'reement. This Agreement sets forth the entire agreement between the
Patties and shall a persede any and all Prior P agreements or understandings whether
,
Written Ot
xr 1> 51x
r$ ,3 n'3 HARRIS
' ensV� Page 5 of 7
t tnv F
rxYr � LJhL4. Cr a A
r
, r ,
APR—r8-1995 t.:•c- + � ' , :
x y P
+1y �4{N LSA
F
`IYI t� 1 v'.�V�rFi, 4 R�✓T
/ 4 •,. tPi<�}t.r � w' °3 , i..k� ,L "Y,Y1',x Cr �Y_;,.'..
r
�I
, �J1.w ,�1
pr _
j,.iN
E ' v'j
�N�F1 k �y APR-18—Oy FUt 14:0 MULL=k M1.11L
f :--X Nu, u5 3M c802
P, 02
5
oral. betty
een the parties, except as otherwise specified in this
acknowledges that he Agreement. HARRIS
has not relied on any representations,
Promises,
or a
•,�s:, `, ,)�n made to ts�nents of any hind
4 him in connection with his decision to s'
rgn this Agreement except for those set forth this Agreement.
11. E u Con It
' A. The CITY hereby encoura es H g ARRIS to consult with his attorney before
zr signing this Agreement.
B ARRIS acknowledges H that he has
this Agreement, consulted his Forney before signing ',`j�yry.�lN zo grzeme t
u t r 12 mendm t. This A
signal b g�mentmay not be amended except by written agreement
•� Y all parties.
iskY 13. 5 '
? HM t M. Section headh3 s � d /
and shall mean g used herein for convenience of refe only 1 '
not affect the nP .
�rf �y provisions of this A
greemenL
RANTING ELECTED
7 F('�
x } ' TO EXECUTE THIS AGREEMENT AND TO FULFILLTHEJ
PROMISES SET FORTH
E1N ggRjs FREELY
t
F ; '+ , .
y r H AND ICNO
> , r DUE REFLECTION R'INGLX, AND AFTER ,
ENI'ER.S INTO THIS EMENT INTENDING �E,
SETTLE AND AGRE .ENDING TO RT �y
RELEASE ALL.CLAIMS HE HAS
OR MIGHT HT NOW HAVE AGAINST
i CITY OF DFLORIDATHE BEG
ANIA, FL FROM � � 1
A , INNING OF TIME TO 1'HE
art x EFFE DATE OF THIS AGREEMENT. VE i
HARRIS
' ,r f�✓,Y, �', L�S
r
T ,
Page 6 of 7 '.
CITY
tits
APR-18-:995 14:e4 a
P.
J ..
`3
't
f' 4
w .,. "C.}. �! C a .. ..: J Isar ✓
r
d �
r q
+3tv ICi;Ay.o vat Jr S1 t,!
FRa t
APR-:= PUh- 14:35
F r , uu. 3U5 370 38U2 P. 01
t I It (o
F
� yle r„ ssH
IN WITNESS W HEREOF the Parties Hereto n l
rLl 'trement as of the date set forth kttowi g Y and voluntarily executed this
rth below:
.I LA tv5
rYtt� t.E.
+ yTIA' i 1 ii
is t w r x
TY OF D
3� THE CI AIVIA A�D���,
NIICA,'�EL
L.
IFI r'Y 1 {I
L ks+t M 1 BY:
Flatley Bv:
City Manager Michael Klarris
t til�� phl �f* .
vr* z Date.
;y Date:
01F
4 STATE OF FLORIDA
Fr
STATE OF FLORIDA
COUNTY OF BROWARD
COUNTY OF BROWARD ,
tft 'w° The fore
e going instrument '
was execatted
before the this dy of The foregoing instrument was executed
1995, by Rabett Flatley, who i� before me this man to Personally 1995, by Michael L� of
i /rA x L me [or Who has Produced Harris, who is `.
'deatification] and who personally known by_ me for who has
took an oath. produced ,v
identWcadonl and who took an oath. as a
X
'Ii,��� a � Kotary Public
State of Florida at Large Notary Public
I'r dt�x. State of Florida at Large
ea*n3
e 1'tint Name of Notary
M Print Name of"Notary 4
y Yf}( Y Commission Expires:
M *7
Y Commission Expires: „ !
' to stilt
r'
1
S{ 7 t GDR1047,dp
A
Page 7 of 7 ;1
14:32 f ,[
iYi r
I p� Ilfl i
II
P.01t A
x
l . '. ��.. :. ...
11 .
1
1.
I
It
yVVV � •i
P raj
t 1
These images were produced in the normal course of business by:
f The Microfilm Depot/Advanced Imaging Solutions +
1213 South 30 Avenue, Hollywood, FL. 33020
!, Brow: (305) 927-4404 Dade: (305) 625-0509
Z.
� F
�p
v
�F
1
ti
L f F rv,f
(bf 111 i1
.V
lei cz,
r
i
�r y'f 9 ,�,.•µ,3 c
= r+f {
`7���" �r9'✓'r4 �.y{6 �1 � ham'` '' ��){"l�n�r m�''�3�'�}��
r f