HomeMy WebLinkAboutR-96-0352LT— 96-377
5/2/96
RESOLUTION NO. 9 6- 3 52
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ROBERT LUNDSTEDT THE SUM
OF $165,000.00, WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, CASE NO. 93-1402-CIV-MARCUS, UPON
THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE CITY OF MIAMI SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE 620103-661, FOR SAID SETTLEMENT.
WHEREAS, Robert Lundstedt, through his attorneys, has filed
a lawsuit against the City of Miami in the United States District
Court of the Southern District of Florida in Case No. 93-1402-
CIV-MARCUS, entitled Robert Lundstedt vs. City of Miami, City of
Miami Firefighters' and Police Officers' Retirement Trust et
al., alleging disability discrimination in violation of the
Americans with Disabilities Act of 1990 and Section 504 of the
Rehabilitation Act of 1973; and
WHEREAS, the above -entitled lawsuit has been investigated by
a committee of senior attorneys in the City Attorney's Office and
the City of Miami Division of Risk Management; and
CIi'Y COMYUSSION
2 3 LM.EETIM(; OF
MAY1996
RGS01ution No.6y 352
WHEREAS, said Offices, along with the Fire Chief, recommend
that the sum of $165,000.00 be paid, without any admission of
liability, in full and complete settlement of any and all claims
and demands against the City of Miami in the United States
District Court of the Southern District of Florida in Case
No. 93-1402-CIV-MARCUS; and
WHEREAS, funds are available from the City of Miami Self -
Insurance and Insurance Trust Fund for the payment of said
settlement;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized to
pay to Robert Lundstedt, the sum of $165,000.00, without any
admission of liability, in full and complete settlement of any
and all claims and demands against the City of Miami in the
United States District Court of the Southern District of Florida
in Case No. 93-1402-CIV-MARCUS, upon the execution of a General
Release releasing the City of Miami from any and all claims and
demands, with funds therefor hereby allocated for said settlement
from the City of Miami Self -Insurance and Insurance Trust Fund,
Index Code No. 620103-661, for said settlement
Section 3. This Resolution shall become effective
immediately upon its adoption.
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96- 352
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23� d day o rIa
PASSED AND ADOPTED this 1996.
S
EA'EN P. CLARK, OR
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ATTEST:
4ERJ//
EMAN, CITY CLERK
l
1
RISK MANAGEMENT REVIEW:
FRANK K.(ROLLASON, DEPUTY CHIEF
RISK MANAGEMENT DIVISION
BUDGETARY REVIEW:
MANOHAR S. SURANA
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
1
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ALBERTINE B. SMITH
ASSISTANT CITY ATTORNEY
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APPROVED AS TO FORM AND CORRECTNESS:
A. NN O S, III
CITY ATT Y
W810/ABS/BSS/SS
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
57
TO: Honorable Mayor and Members DATE: May 2, 1996 FILE: J-96-377
of the City Commission
SUBJECT: Proposed Settlement -Robert Lundstedt
vs. City of Miami, et al.
� �! Case No. 93-1402-CIV-NIARCUS
FROM: A. Q nn ne , I REFERENCES: City Commission Meeting
City Attorne May 23, 1996
ENCLOSURES: (2)
The attached proposed Resolution is being submitted for your consideration to authorize a
settlement, without any admission of liability, in full and complete settlement of any all claims and
demands against the City of Miami in United States District Court for the Southern District of
Florida, Case No. 93-1402-CIV-MARCUS, Robert Lundstedt vs. City of Miami, in the amount of
$165,000.00. Funds are available from the City of Miami Self -Insurance and Insurance Trust
Fund, Index Code No. 620103-661, for said settlement.
A complete analysis and description of this case is fully set forth in the attached copy of a
memorandum to the Members of the Employment Litigation Settlement Committee.
This claim has been investigated by the Division of Risk Management and evaluated by the
Employment Litigation Settlement Committee and it is agreed that the settlement is in the best
interest of the City.