RES 2007-1168 - Settle lawsuit Ellen Mermelstein v city � J
�4o�oM�H� "�°� P r I N E �
d c Law Department
i�eir 07 SEP 63 P8 Omaha/Douglas 8: Omaha Dou las Civic Center
1 at n i �.� ..!
t®. r� �tt !=r 1819 Farnam Street,Suite 804
o �` I ry� Omaha,Nebraska 68183-0804
yAO�4rBD FEso)' CITY CLERK L- p,K (402)444-5115
Telefax(402)444-5125
Ciryofomaha 0 1AHA, NE'BRASKP
Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council
The attached Resolution is submitted by the Ci(y Law Department. It authorizes
settlement of a lawsuit pending in the District Court for/Douglas County. If the Resolution is
approved, the settlement amount of$72,500.00 will be paid from the Judgment Fund.
The case seeks recovery for the damages Ms. 'Ellen Mermelstein alleges she suffered
when the vehicle she drove was struck by an Omaha police cruiser. She alleges she suffered
neck, facial„ and back injuries. As a result of her injuries Ms. Mermelstein received medical
treatment, including surgery. She claims to have incurred medical expenses, lost wages, and
property damage and that she will continue to have pain and restricted mobility. She brought
suit against the City seeking to recover the medical expenses and other damages caused by her
injuries.
Additional information about this case has been submitted in a confidential memorandum
and you may review it in an Executive Session called to discuss pending litigation.
Your favorable consideration of this resolution is respectfully requested.
Respe lly ubmitted, Referred to City Council for Consideration:
/ A"--- /2 -4,1
homas O. Muugaard Date Mayor's Office Date
Deputy City Attorney
Approved:
Carol A. Ebdon l3ate
Finance Director
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nment Performance Results Act(GPRA)Report for each calendar year in which
the grant remains open.These GPRA reports are due in CCDO by May 31st of each year,reporting the results from the
preceding calendar year.
rnj
OJP FORM 4000/2(REV.4-88)
s and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements.
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will •
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments
are not made to PBE/DBE subcontractors.
Irrsubmitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunitv_to submit bids on this project. Failure to
con'ply with the above shall result in the bid being rejected by the City of Omaha.
als,were not
reached.
e. Advertisement in general circulation media,trade association publications, and protected-focus media for a reasonable period
before bids are due;
C-?5A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,litigation is presently pending in the District Court for Douglas County,
Nebraska,entitled Ellen Mermelstein v. The City of Omaha, Doc. 1066,No.044,in which Plaintiff
alleges the City of Omaha is liable for injuries and damages she suffered when her vehicle was struck
by an Omaha police cruiser on January 1, 2006; and,
WHEREAS, the allegations and contentions against the City of Omaha constitute
disputed claims; and,
WHEREAS, this City Council determines it is in the best interest of the City of
Omaha and its residents to avoid the cost and uncertainty of trial and resolve this litigation by
settlement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the City of Omaha Law Department is authorized to pay the Plaintiff in the
pending litigation entitled Ellen Mermelstein v. The City of Omaha, Doc. 1066,No.044,the amount I
of$72,500.00 in exchange for dismissal of all claims;said funds t e paid from the Judgment Fund.
APP AS TO FORM:
. a —07
CITY TT EY DATE
i
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Mayor
this case has been submitted in a confidential memorandum
and you may review it in an Executive Session called to discuss pending litigation.
Your favorable consideration of this resolution is respectfully requested.
Respe lly ubmitted, Referred to City Council for Consideration:
/ A"--- /2 -4,1
homas O. Muugaard Date Mayor's Office Date
Deputy City Attorney
Approved:
Carol A. Ebdon l3ate
Finance Director
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k 2 THOMPSON,DREESSEN 8 DORNER,INC. WEST VILLAGE POINTE REPLAT 5 We MAY 1.2007
• 0r ConsultingEngineers&Land N • KO OM PA0 ROAO ONHA,F0o•11U 69731 .t.81 RA
RJR
3 ,r PNONE:.m...• • 0 PAZ.m.mamc Ea1L'1®N0GITAM
w FINAL PLAT ors®IT*JOJOY/lns,t6I0WI3'SO.COM -' WAWA
rm
Weed and Seed Area
Weed and Seed Hot Spots
Northeast Weed and Seed Area 3.96 Sq. Miles Public School
Omaha City Limits 120.8 Sq.Miles Private School
0.3 0.15 0 0.3 0.6 0.0 Miles
-�'-�_....._�....�....._.._' Piloted:December 2006
d&Seed Strategy Budget Detail Worksheet/Narrative Pg 13 of 15
Rev.06/20/2007
.06/20/2007
nment Performance Results Act(GPRA)Report for each calendar year in which
the grant remains open.These GPRA reports are due in CCDO by May 31st of each year,reporting the results from the
preceding calendar year.
rnj
OJP FORM 4000/2(REV.4-88)
s and Relations
Director or a designated representative for purpose of investigation to ascertain compliance with these specified requirements.
Such records shall be maintained by the Contractor in a fashion that is readily accessible to the City of Omaha for a minimum of
three years following completion of this Contract.
3. To ensure that all obligations under any contract awarded as a result of this bid solicitation are met,the City of Omaha will •
conduct specific review of the Contractor's PBE/DBE involvement efforts during contract performance. The Contractor shall
bring to the attention of the Human Rights and Relations Director any situation in which regularly scheduled progress payments
are not made to PBE/DBE subcontractors.
Irrsubmitting its bid,the Bidder is certifying that it has contacted City of Omaha Human Rights and Relations Department prior to bid opening
regarding this project and has afforded subcontractors participating in the PBE/DBE program the opportunitv_to submit bids on this project. Failure to
con'ply with the above shall result in the bid being rejected by the City of Omaha.
als,were not
reached.
e. Advertisement in general circulation media,trade association publications, and protected-focus media for a reasonable period
before bids are due;
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Authority
2222 Cuming Street
Omaha, NE 68102
Chairperson
Omaha/Douglas Public Building Commission MAILING LIST RECEIVED cj! 1 /07
RECEIVED f3Y 7t-rnm►� 2 i'oI eptos '..
i.4,A ING MADE
DATE MA►ILEp.g4/3.O/07