99-23150 RESO
RESOLUTION NO. 99-23150
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
THE SETTLEMENT OF THE LAWSUIT STYLED PETER A.
ZECCHINI V. CITY OF MIAMI BEACH, U.S. DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
CASE NO. 96-3308-CIV-SEITZ; AND FURTHER
AUTHORIZING THE CITY ATTORNEY'S OFFICE AND
CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS RELATED TO THE SETTLEMENT.
WHEREAS, in 1996, Peter A. Zecchini filed a complaint styled Peter A. Zecchini v. City
of Miami Beach, U.S. District Court for the Southern District of Florida, Case No. 96-3308-CIV-
SEITZ, for which Peter A. Zecchini sought reinstatement, back pay, damages, costs and attorney's
fees, injunctive and other relief, and
WHEREAS, subject to the terms set forth herein, Peter A. Zecchini and the City, without
admission of liability, have agreed to finally resolve any and all claims and disputes by and between
them; and
WHEREAS, the parties desire to avoid further expense, time, effort and uncertainty in
regard to this action.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission herein approve the settlement of the lawsuit styled Peter A. Zecchini v. Citv of Miami
Beach, U.S. District Court for the Southern District of Florida, Case No. 96-3308-CIV-SEITZ as
contained in the "Settlement Agreement and General Release" attached hereto as Exhibit A, and
further authorize the City Attorney's Office and City Manager to execute any and all related
documents necessary to its execution.
"" day'C ~ 1999.
/ii~; f. (f(d
VICG-MAYOR
PASSED and ADOPTED THIS
ATTEST:
C TY CLERK
APPROVED AS 10
FORM & lANGUAGE
& FOR EXECUTtON
IIC _ HISYSIA TTOICOHKIZECCHINlIRESOLUTION .doc
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SETTLEMENT AGREEMENT AND GENERA(, RELEASE
This Settlement Agreement and General Release ("Agreement") is entered into by and
between PETER A. ZECCHINI, a single man (ZECCHINI or PLAINTIFF) and THE CITY OF
MIAMI BEACH (CITY or DEFENDANT).
WHEREAS, ZECCHINI has filed a legal action against the CITY seeking damages and
other relief, sub nom Peter A. Zecchini v. City of Miami Beach. U. S. District Court for the
Southern District of Florida, Case No. 96-3308-CIV-SEITZ; and
WHEREAS, CITY has denied ZECCHINI'S claims; and,
WHEREAS, the parties prefer to enter into a compromise in order to avoid the
uncertainties and expense of further litigation.
NOW, THEREFORE, in consideration of all mutual promises contained herein, it is
agreed as follows:
1. Dismissal of Action With Prltiudice. Simultaneously with the execution of this
Agreement, the PLAINTIFF will dismiss his lawsuit with prejudice, by the filing of a joint
stipulation for voluntary dismissal.
2. Waiver of All Rigbt~ and Claims. In consideration of the sum of money referred
to in paragraph numbered 3 of this Agreement, the PLAINTIFF knowingly and voluntarily waives
any and all known and unknown rights and claims which he has or may have against the
DEFENDANT, or its current or former officers, employees, agents and elected or appointed
officials, including but not limited to any claim that was or could have been asserted in Peter A
Zecchini v City of Miami Beach, Case No. 96-3308-CIV-SEITZ, as well as any other claim(s)
under the United States Constitution, 42 U.S.C., Sections 1981-1988 of the United States Code.
Title vn of the Civil Rights Act of 1964, as amended, Florida's Civil Rights Act, Americans with
Disabilities Act, any other federal, state or local laws prohibiting discrimination in employment,
any public policy, contract, or the common law, including any tort claims whether based on
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CITY
common law or otherwise, whi~h have ariseR 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, the PLAINTIFF
understands and agrees that this Agreement constitutes a full and final bar to any and all claims
of any type that he now has against the DEFENDANT.
This waiver and release covers any and all claims for personal injury, emotional, mental,
and physical pain and suffering; employment or reemployment. loss of earnings, benefits, or
earning capacity; loss of support or services; and all hospital, medicare, social security liens and
attorney's fees' liens, which, if any exist, will be satisfied out of the proceeds of this Agreement.
3. Consideration. In consideration for dismissal by the PLAINTIFF of, and his
waiver and release of all claims against DEFENDANT, the CITY will pay lump-sum of $112,500
to Geller, Geller, Beskin, Shienvold, Fisher & Garfinkel, L.L.P., Trust Account. ZECCHINI
further agrees that he will not apply for employment with the CITY in the future.
It is the intent of the parties to this agreement that the lump-sum payment to Plaintiff in
settlement of the action is not intended to be compensation for back wages. It is the further intent
of the parties that 35 % of the lump-sum settlement, as received by the Plaintiff ($39,375), be
allocable to the Plaintiff's personal physical sickness or personal physical injuries. It is further
agreed that any tax liability for the lump-sum settlement is the responsibility of the Plaintiff.
4. Adecp13te Consideration. The PLAINTIFF agrees that payment to ZECCHINI
of the money set forth in paragraph numbered 3 of this Agreement constitutes adequate and ample
consideration for the rights and claims he is waiving under this Agreement, to which he would not
otherwise be entitled but for this settlement and for the obligations imposed upon him by virtue of this Agreement.
5. Non-Admission of Wrongdoing. The PLAINTIFF agrees that neither this
Agreement nor the furnishing of any consideration under this Agreement shall b construed as an
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admission by the DEFENL, u\._ of any wrongdoing, liability or unlawful conduct. To the
contrary, the PLAINTIFF agrees that the DEFENDANT specifically denies that it caused any
legal harm to or are in any way liable to the PLAINTIFF.
6. Governing Law and Interpretation. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida.
7. Entire Agreement. This Agreement sets forth the entire agreement between the
parties and shall supersede any and all prior agreements or understandings, whether written or
oral, between the parties, except as otherwise specified in this Agreement. The PLAINTIFF
acknowledges that he has not relied on any representations, promises, or agreements of any kind
made to him in connection with his decision to sign this Agreement except for those set forth in
this Agreement.
8. Encouragement to Consult Attornt:Y(s). The PLAINTIFF acknowledges that he
has consulted his attorney(s) before signing this Agreement.
9. Amendment. This Agreement may not be amended except by written agreement
signed by the PLAINTIFF and the CITY.
10. Headings. Section headings are used herein for convenience ofreference only and
shall not affect the meaning of any provisions of this Agreement.
HAVING ELECTED TO EXECUTE TillS AGREEMENT AND TO FULFILL THE
PROMISES SET FORTH HEREIN, THE PLAINTIFF FREELY AND KNOWINGLY, AND
AFTER DUE REFLECTION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE,
SETTLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT NOW HAVE AGAINST THE
DEFENDANT AND ANY OTHER PERSON OR ENTITY IDENTIFIED IN PARAGRAPH
NUMBERED 2 HEREIN, FROM THE BEGINNING OF TIME TO THE EFFECTIVE DATE
OF TillS AGREEMENT.
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CITY
IN WITNESS WHEREOF, the panies hereto knowingly and voluntarily executed this
Agreement as of the date set forth below:
By:
~
THE CITY OF MIAMI BEACH
0.
/;;2 / ,/C; 7
f7h/77
I I
STATE OF FLORIDA
COUNTY OF DADE
Date:
Date:
STATE OF ~.n.l....
COUNTY OF f::,.ov..)<t-c&..
The foregoing instrument was
before me this 02 day of ..;!\Il ,{
by -se..~ ~~~Io4.'L ,
personally own to e -tor WhO haS"
~du..."d as identification]
and who took an oath.
executed
, 1999,
who IS
The foregoing instrument was executed
before me this ~ day of -:r.. ~..... ,
1999, by Peter A. Zecchini, who is
personally known by me [or who has
produced as
identification] and who took an oath.
Ql'~'
Notary Public
State of Florida at Large
~........ t.. . Cd c--...
Notary Public
State of ~f...,...;(... at Large
"'1111',, Thelma R. CaUam
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Print f~M., 1.2003
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'''''' ,P,{, "," AtJanUc 8oncll.q-Co..lDe.
My Commission Expires:
Print Name of Notary
My Commission Expires:
.......... Ruth Rum
.i~.r~. MISSION' CC62~3 EXPll'f,
iI .~.,; MY COM -1
;-: : ~ Allrtl25. 'OJ'J I'.,'
~. :ill THflITRO"ff,fJNlMSUIWlCf....~
-,1. ;Rf.'to~.~ BOMOED
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RIO - City Attorney Re'ports
RIOC Discussion regarding the Possible Settlement of Peter A. Zecchini vs. City of Miami Beach Case
No. 96-3308.
(City Attorney's Office)
(Documents in Legal- To be Submitted)
469
Agenda Item
Date
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