Item Coversheet

12.

CITY OF STUART, FLORIDA
AGENDA ITEM REQUEST
CITY COMMISSION

Meeting Date:  12/10/2018 

Prepared by:  Michael Mortell, City Attorney

Title of Item:

RESOLUTION No. 119-2018;  A RESOLUTION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE EXECUTION OF A RELEASE AND SETTLEMENT DOCUMENTS REGARDING THE JUAN CARLOS GIL ADA CLAIM REGARDING WEB SITE ACCESSABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (RC)

 


Summary Explanation/Background Information on Agenda Request:

Juan Carlos Gil sent a letter to the City of Stuart claiming that he was interested in the City and was reviewing the website but his "web reader" could not access all portions of the website.  The City responded to the letter and offered to provide an accommodation which would include someone actually reading the pages in question for him.  He did not respond to the correspondence and instead filed suit in Federal Court.  Although the City had defenses to the action, the Cost of Defense and exposure to the City was too great.  TRICO provided counsel for the City.  It was the same attorney that represented the County for the same issue.  As a result, the settlement agreement is very similar to the agreement with the County.  Although TRICO provided the cost of defense counsel, the City of Stuart must pay the claim.


Funding Source:

General Fund ------ NOTE - I don't know if finance has a defense fund.

Recommended Action:

Move approval of Resolution 119-2018 authorizing the execution and compliance with the Settlement documents.

 

ATTACHMENTS:
DescriptionUpload DateType
Draft Settlement Agreement11/13/2018Exhibit
R119-2018 ADA Website11/13/2018Resolution add to Y drive