HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1611
Temp Reso. #8277
May 21, 1998
Revised May 26, 1998
Revised June 1, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-�/
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE SETTLEMENT OF THE
WORKERS' COMPENSATION CLAIM OF
PAUL FERDINAND FOR $125,000.00,
PROVIDING FOR APPROVAL BY THE
JUDGE OF COMPENSATION CLAIMS;
AMENDING THE ANNUAL INSURANCE
SERVICES FUND BUDGET OF ESTIMATED
REVENUES AND EXPENDITURES IN THE
AMOUNT OF $125,000.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 23, 1992, Paul Ferdinand, an employee of the
City of Tamarac, Florida, while working as a maintenance worker, was injured
when he was struck by a motor vehicle; and
WHEREAS, Paul Ferdinand sustained injuries to his right ankle and left
leg as well as a serious closed -head injury; and
WHEREAS, the City has been providing and administering Workers'
Compensation Indemnity Benefits and medical care and treatment to Mr.
Ferdinand since the date of accident; and
WHEREAS, the City and Mr. Ferdinand recently attended mediation
proceedings with their respective legal counsel and were subsequently able to
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Temp Reso. #8277
May 21, 1998
Revised May 26, 1998
Revised June 1, 1998
amicably arrive at a fair and reasonable settlement; and
WHEREAS, Mr. Ferdinand could be awarded substantially more in
Workers' Compensation Benefits if this case remains unresolved; and
WHEREAS, Lawrence J. Feinstein, the City's defense counsel
recommends the settlement of this claim for $125,000.00; and
WHEREAS, the Risk Manager, the City Attorney and the City Manager
recommend the settlement of the Paul Ferdinand claim for $125,000.00; and
WHEREAS, the payment of $125,000.00 by the City of Tamarac will be
utilized to provide Mr. Ferdinand with a lump sum; and
WHEREAS, Odessy Re (Bermuda), our excess carrier advised that they
would reimburse the City of Tamarac $125,000.00 for the settlement amount
upon proof of payment by the City as well as the receipt of payout records in the
past indicating that the excess carrier is responsible for these amounts; and
WHEREAS, the acceptance of these funds requires the amending of
estimated revenues and expenditures found within the Insurance Services
budget; and
WHEREAS, this settlement will resolve all outstanding claims, including
Attorney's fees, costs, indemnity benefits and future medical care and treatment;
.M
WHEREAS, the City Commission of the City of Tamarac, Florida deems
it in the best interest of the citizens and residents of the City of Tamarac to
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Temp Reso. #8277
May 21, 1998
Revised May 26, 1998
Revised June 1, 1998
authorize the settlement of the Workers' Compensation claim of Paul Ferdinand
in the amount of $125,000.
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
$125,000.00 settlement with Paul Ferdinand for all claims against the City in
return for a full release, ADA Waiver, and his resignation.
Section 3: The settlement must be approved by the Judge of
Compensation claims.
Section 4: The FY 98 Insurance Services Fund Budget is amended
in the amount of $125,000.00 for the settlement of the workers' compensation
claim of Paul Ferdinand, including amendments to the revenue and expenditure
line items and any necessary budget transfers to be in accordance with proper
accounting procedures.
Section 5: That all resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Ll-
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Temp Reso. #8277
May 21, 1998
Revised May 26, 1998
Revised June 1, 1998
Section 6: If any clause, sections, other park 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 7: This Resolution shall become effective immediately
upon adoption.
PASSED, ADOPTED AND APPROVED this /O Day of 9, 1998.
10,
ATTEST:
cl& W
CAROL GOL , CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as
T form.
MITCHELL S. KRAFT
CITY ATTORNEY
(reso8277.bl)
ER,'ENSCHREIBER,
O.
RECORD COMMIS
MAYOR
CHREIBEOF
R
DIST 1:
COMM. McKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. RORFRTc
VOTE