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HomeMy WebLinkAboutR-20-0097City of Miami q Legislation Resolution: R-20-0097 File Number: 7229 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/9/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JONATHAN YAVNEH, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $53,250.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT, EXCEPT THE MEDICAL PORTION TO THE DECEMBER 30, 2008 CLAIM, ALLEGED AGAINST THE CITY OF MIAMI ("CITY'), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $53,150.00 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, Jonathan Yavneh has alleged various dates of accident in the course and scope of his employment with the City of Miami ("City") and has filed claims against the City with the Division of Administrative Hearings, Office of the Judge of Compensation Claims; and WHEREAS, the Department of Risk Management and the Office of the City Attorney have investigated all dates of accidents and claims pursuant to Sections 18-221 through 18- 232 of the Code of the City of Miami, Florida, as amended, and recommend that all dates of accidents and claims be settled for the sum of $53,250.00; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Jonathan Yavneh and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $53,250.00, which includes $100.00 for a separate general release, in full settlement of any and all claims and dates of accidents, except the medical portion to the December 30, 2008 claim, alleged against the City, its officers, agents, and employees, without admission of liability, upon executing a settlement, hold harmless, and indemnification agreement as well as a general release of the City, its present and former officers, agents, and employees from any and all ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 7229 (Revision:) Printed On: 4/22/2020 File ID: 7229 Enactment Number: R-20-0097 claims and demands with funds in the amount of $53,150.00 allocated from Internal Service Fund, Index Code No. 50001.301001.524000.0000.00000 and funds in the amount of $100.00 allocated from Account No. 00001.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: I ",-P+( �� �'� ria ndez, Cify Attor iey 311912020 City of Miami Page 2 of 2 File ID: 7229 (Revision:) Printed on: 412212020