02-01-05 Item 7I RESOLUTION NO.
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5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
6 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
7 CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
8 CASE OF FELDMAN v. CITY OF SOUTH MIAMI;
9 AUTHORIZING THE CITY MANAGER TO EXECUTE THE
10 SETTLEMENT AGREEMENT PROVIDED THAT IT IS
11 CONSISTENT WITH THE SETTLEMENT TERMS AND
12 CONDITIONS APPROVED BY THE COMMISSION;
13 DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS
14 UNDER THE AGREEMENT; PROVIDING AN EFFECTIVE
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18 WHEREAS, the Mayor and City Commission of the City of South Miami
19 desire to settle a pending lawsuit styled Greg Feldman v. City of South Miami,
20 Case no.03 -20873 CA (02) (Fla. Cir. Ct. 2003); and,
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22 WHEREAS, the City and Mr. Feldman have negotiated settlement terms
23 that provide for the City to make the necessary pension contributions to allow Mr.
24 Feldman to retire on February 1, 2005.
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26 WHEREAS, the City Attorney advises that it is in the best interest of the
27 City to settle the pending action.
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30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
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34 Section L. The City Manager is authorized to execute the Settlement
35 Agreement and general release, once it is prepared by legal counsel provided that
36 the Settlement Agreement is consistent with the material terms and conditions
37 contained in this resolution.
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39 Section 2. The City Manager is authorized to implement any
40 requirements that require action by the City. A copy of this resolution and the
41 Settlement Agreement will be placed in the personnel file of Mr. Feldman.
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Additions shown by underlining and deletions shown by evet:stfik4n .
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Section 3. Pursuant to the Settlement Agreement the City will purchase
the remaining two years nine months of service to allow Mr. Feldman to retire
with a pension based upon twenty -five years of service.
Section 4. Mr. Feldman will retire with a retirement date of February 1,
2005.
Section 5. Mr. Feldman will be entitled to any accrued benefits
consistent with the City's policies and procedures.
Section 6. The City will reimburse Mr. Feldman the amount of three
thousand dollars towards his attorney's fees.
Section 7. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of February, 2005.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
CITY ATTORNEY Commissioner Sherar:
Commissioner Wiscombe:
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