HomeMy WebLinkAboutCity of Tamarac Resolution R-99-095ri
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Temp. Reso. #8592
4/7/99
Revision #1, 4/7/99
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 - 9j
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
SETTLEMENT OF THE IRENE Z. SCOTT LIABILITY
CLAIM IN THE AMOUNT OF $50,000 OF WHICH THE
CITY'S PORTION IS $25,000 WITH THE BALANCE
PAID BY THE CITY'S INSURANCE COMPANY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on June 22, 1998, Ms. Irene Z. Scott filed a discrimination on basis
of gender case against the City of Tamarac pursuant to Title VII of the Civil Rights Act
of 1991 and the Florida Civil Rights Act, Fla. Stat. 760.01, et seq.; and
WHEREAS, the law firm of Johnson, Anselmo, et al was obtained to represent
the City of Tamarac against this lawsuit; and
WHEREAS, depositions were taken, motions were filed and after numerous
proceedings respective legal counsel for the City and Ms. Scott were subsequently able
to amicably arrive at a fair and reasonable settlement; and
WHEREAS, should this case proceed to trial, Ms. Scott could be awarded
substantially more by a jury; and
WHEREAS, Richard H. McDuff, the City's defense counsel, recommends the
settlement of this claim for $50,000; and
WHEREAS, the Acting Risk Manager and the City Attorney recommend the
settlement of the Irene Z. Scott claim for $50,000 and the City Manager concurs with
this recommendation; and
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Temp. Reso. #8592
4/7/99
Revision #1, 4/7/99
WHEREAS, the Florida League of Cities, the City's Public Officials Liability
Carrier, has agreed to pay the sum of $25,000 toward the overall settlement of the
Irene Z. Scott claim; and
WHEREAS, this settlement will resolve all outstanding claims, including
attorney's fees; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interests of the citizens and residents of the City to settle this claim in the amount
of $50,000 of which the City's portion is $25,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA;
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Section 2: The City Commission of the City of Tamarac approves a $50,000
settlement with Irene Z. Scott (Irene Z. Scott v. City of Tamarac and Ed Doyle, Case
No. 98-6653-CIV-ZLOCH), of which the City's portion is $25,000 with the balance paid
by the City's insurance company, for all claims against the City in return for a full
release.
Section 3: A stipulation for Dismissal with the Court for entry of the Final Order of
Dismissal will be filed.
Section 4: That all resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #8592
4/7/99
Revision #1, 4/7/99
Section 5: If any clause, sections, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED thisi'/%ay of � 1999.
ATTES
CAROL GOLD, C/AAE
CITY CLERK
I HERE B"Y CERTIFY that I hav
p ved this RESOLUTIO as
MITqWLL S. KRAF
CI ATTORNEY
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I�i►.:
i� W-w MAYOR
RECORD OF COMMW40N
MAYOR SCHREIBER
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City of Tamarac
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1230 • Facsimile (954) 724-2454
Robert S. Noe, Jr.
City Manager
bnoe@tamarac.org
Mr. Richard H. McDuff
JOHNSON, ANSELMO, MURDOCH,
BURKE & GEORGE, P.A.
P. O. Box 030220
Fort Lauderdale, FL 33303-0220
Dear Mr. McDuff:
May 11, 1999
Per your letter dated April 7, enclosed please find an original Settlement
Agreement and General Release executed by the City Manager on behalf of the
City of Tamarac, and notarized.
We apologize for the delay, and any inconvenience this may have caused.
If you have any questions, please contact me.
TH/de
Enclosure
cc: City Manager
City Attorney
City Clerk
Risk Manager
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Sincerely,
Izz 4Z#��
Tim Hemstreet
Assistant City Manager
Equal opportunity Employer
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement") is
entered into by and between IRENE ZANDER SCOTT ("SCOTT') and the CITY OF TAMARAC,
FLORIDA ("TAMA.R.AC")
WHEREAS, SCOTT has initiated a legal action against TAMARAC seeking damages, which
is. presently pending sub nom Irene cott v. City f Tamarac Florida,United States District Court,
Southern District of Florida, Case No. 98-6653-CIV-ZLOCH; and
WHEREAS, TAMARAC has denied SCOTT's claim;
WHEREAS, the parties hereto prefer to enter into a compromise in order to avoid the
uncertainties and expense of further litigation.
NOW, THEREFORE, in consideration of their mutual promises contained herein, SCOTT ::—,
and TAMARAC hereby agree as follows:
1. Dismissal of Action With Prejudice:
Upon approval of this Agreement by the City Commission, the City of Tamarac, Florida,
SCOTT will dismiss Irene Scott v. -ity of Tamarac Florida, United States District Court, Southern
District of Florida, Case No. 98-6653-CIV-ZLOCH, with prejudice, by directing her attorney to
execute and tender to TAN ARAC's counsel the attached Joint Stipulation for Dismissal With
Prejudice, which shall be held in escrow by TAMARAC's counsel until payment is made to SCOTT
as specified in paragraph numbered 3, and thereafter filed with the Court.
TAMARA l�
SCOTT •
2. Waiver Of All Ri hts And Claims Against TAMARAC:
In consideration of the sum of money referred to in paragraph numbered 3 of this Agreement,
to which SCOTT acknowledges she would not be entitled but for this settlement, SCOTT knowingly
and voluntarily waives any and all known and unknown rights and claims which she has or may have
against TAMARAC, including, but not limited to, any claim that was or could have been asserted in
Irene Scott v. City of Tamarac Florida, United States District Court, Southern District of Florida,
Case No. 98-6653-CIV-ZLOCH, as well as any other claims under Title VII of the Civil Rights Act
of 1964, as amended, United States Constitution pursuant to 42 U.S.C. §1983-1988, the Age
Discrimination and Employment Act, the Older Worker's Benefit Protection Act, the Fair Labor
Standards Act, the Americans With Disabilities Act, the Family and Medical Leave Act, the Florida
Civil Rights Act of 1992, the Florida Constitution, the Florida Whistle -Blower's Act, any other
0 federal, state or local laws prohibiting discrimination in employment, any public policy, contract, or
the common law, including any tort claims (ems., negligent or intentional infliction of emotional
distress, negligent retention, supervision or training; deformation; wrongful termination) whether
based on common law or otherwise, which have arisen or may arise from the beginning of the world
until today. This waiver also bars any claim or demand for costs, fees, or other expenses, including
attorney's fees incurred in connection with the above -referenced action. The listing of claims in this
section is intended to be illustrative rather than exhaustive. Thus, SCOTT understands and agrees
that this Agreement constitutes a full and final bar to any and all claims of any type that she now has
against TAMARAC, its former and current commission members; its former and current City
Manager; its former and current department heads; as well as each and every one of TAMARAC's
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-2- SCOT
former and current officers, agents, attorneys, representatives, employees and officials (whether •
elected or appointed) - in both their official capacities and as individuals - and their heirs, executors,
administrators, successors, and assigns, and all other persons, partnerships, firms or corporations
(collectively referred to herein as TAMARAC) of and from any and all actions, causes of action,
damages or demands of whatever name or nature arising out of any and all incidents or matters which
have arisen or may arise from the beginning of time to the effective date of this Agreement.
This waiver covers any and all claims for personal injury, emotional, mental and physical pain
and suffering, loss of earnings and earning capacity; loss of support and services. SCOTT
understands and agrees that with respect to the claim she is waiving in this Agreement, she is not only
waiving the right to recover money or other relief in any action she might institute, but also that she
is waiving any right to recover money or any other relief whatsoever in any action that might be
brought on or behalf by any other person or entity, including, but not limited to, the United States
Equal Employment Opportunity Commission or any other federal, state, or local government agency
or department.
3. Consideration:
In consideration for dismissal by SCOTT of Irene Scott v. City of Tamarac, Florida, United
States District Court, Southern District of Florida, Case No. 98-6653-CIV-ZLOCH, and her waiver
and release of all claims against TAMARAC, SCOTT will be paid a lump sum payment in the amount
of FIFTY THOUSAND and 00/100 ($50,000.00) DOLLARS, payable by check to G. Ware
Cornell, Jr., P.A. Trust Account. Plaintiff shall also receive any and all accrued leave time to which
he is entitled under TAMARAC's personnel rules and regulations. TAMARAC further agrees not
TAMARACi
-3- SCOTT •
to contest SCOTT's seeking of unemployment compensation benefits. TAMARAC agrees to
recommend this settlement to the elected members of the City Commission for approval at the next
available regular Commission Meeting subsequent to the execution of this Agreement. SCOTT
understands and agrees that this Agreement is absolutely contingent upon approval by the City
Commission of the City of Tamarac, Florida. SCOTT fiuther understands and agrees that the above
is all that she is entitled to received from TAMARAC.
4. Resignation From Em to ent:
SCOTT agrees to resign her employment, effective immediately, the day after approval of this
Agreement by the City Commission for the CITY OF TAMARAC, FLORIDA. Upon approval by
the City Commission, SCOTT's resignation is irrevocable, and SCOTT further agrees not to seek,
at anytime, re-employment with TAMARAC.
0 5. Notification To The Court:
The parties agree to jointly notify the Court of this settlement and will further advise the
Court that this settlement is contingent upon approval of the members of the City Commission of the
CITY OF TAMARAC, FLORIDA. The parties further agree to jointly request that the Court stay
all proceedings pending approval or rejection of the settlement by the CITY COMMISSION.
6. Adequate Consideration:
SCOTT agrees that the terms set forth in paragraph numbered 3 of this Agreement constitutes
adequate and ample consideration for the rights and claims she is waiving under this Agreement, to
TAMARAA 1I�
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which she would not otherwise be entitled, but for this settlement, and for the obligations imposed
upon her by virtue of this. Agreement.
7. Effective Date:
This Agreement, if approved by the members of the City Commission of the CITY OF
TAMARAC, FLORIDA, will become effective on the calendar day following such approval.
8. Non -Admission of Wr n doin :
The parties agree that neither this Agreement nor the furnishing of any consideration under
this Agreement shall be construed as an admission by any party of any wrongdoing, liability, or
wrongful conduct.
9. Breach of Agreement:
SCOTT agrees that if she breaches any of the promises set forth in this Agreement,
TAMAR.AC shall have the right to require SCOTT to return all monies paid to her under this 0
agreement. The parties have agreed that, if any litigation arises regarding a breach, and/or the
interpretation or enforcement of this Agreement, the prevailing party will be entitled to recover all
costs and attorneys' fees incurred in such litigation.
10. Qoveming Law And Interpretation:
This Agreement shall be governed and construed in accordance with the laws of the State of
Florida. If any provision of this Agreement is declared illegal or unenforceable by any Court of
competent jurisdiction and, if it cannot be modified to be enforceable, such provisions shall
immediately become null and void, leaving the remainder of this Agreement in full force and effect.
TAMAI A.,-
-5- SCOTT
However, if the waiver language of this Agreement is declared unenforceable because of actions taken
by SCOTT or on her behalf, SCOTT shall return all monies paid to her under this Agreement.
11. Entire Agreement:
This Agreement sets forth the entire agreement between the parties and shall supersede any
and all prior agreements, understandings, whether written or oral, between the parties, except as
otherwise specified in this Agreement. SCOTT acknowledges that she has not relied on any
representations, promises or agreements of any kind, made to her in connection with her decision to
sign this Agreement, except for those set forth in this Agreement.
12. Encouraizement To Con ult Attorne :
TAMARAC hereby encourages SCOTT to consult with her attorney before signing this
Agreement, and SCOTT acknowledges that she has consulted with her attorney before signing this
Agreement.
13. Am ndment:
This Agreement may not be amended except by written agreement signed by all the parties.
14. Headings:
Section headings are used herein for convenience of reference only and shall not affect the
meaning of any provisions of this Agreement.
HAVING ELECTED TO EXECUTE THIS AGREEMENT AND TO FULFILL THE
PROMISES SET FORTH HEREIN, SCOTT FREELY ji
AND KNOWINGLY, AND AFTER DUE
REFLECTION, ENTERS INTO THIS AGREEMENT TO WAIVE, SETTLE AND RELEASE ALL
".4s V��
TAIMARAC
-6- SCOT
46 CLAIMS SHE HAS OR MIGHT NOW HAVE AGAINST TAMARAC FROM THE BEGINNING
OF TIME TO THE EFFECTIVE DATE OF THIS AGREEMENT.
IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily executed this
Agreement as of the date set forth below.
W,E) ffln /
IRENE ZANDf& SCOTT
STATE OF FLORIDA )
SS:
COUNTY OFcv )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared IRENE
ZANDER SCOTT, to me known to be the person described in and who executed the foregoing
instrument and she acknowledged before me that she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
April, 1999,
NOT P FLC
My Co •,sion-Ezpues *x,
THE CITY OF TAMARAC, FLORIDA
By* 1i Sn�,
Date: �v C1
STATE OF FLORIDA )
) SS:
COUNTY OF &OtO A ed )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aresaid and in the County aforesaid to take acknowledgments, personally appeared
Ipeex 5. t� ne. the GI'�4 (AA11Arce., of the CITY OF TAMARAC, to me known
to be the person described in and who executed the foregoing instrument and he/she acknowledged 46
before me that he/she executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 40 day of
April, 1999,
3MCLAL NOTARY SEAL
RARBAM LAGOMARWO
NOTARY'PUBLCC STATE 6"LO IDA.
COMMESIQN NO. CC64186
MY COMMISSION EXP. OGT. XMI
This Instrument Prepared By:
Richard H. McDuff, Esq.
Johnson, Anselmo, Murdoch,
Burke & George, P.A.
790 East Broward Boulevard, Suite 400
Fort Lauderdale, FL 33301
(954) 463-0100 (Telephone)
Florida Bar No. 724671
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires: [o Bola f
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