HomeMy WebLinkAboutR-21-0279City of Miami
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Resolution: R-21-0279
File Number: 9198
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSEPH FLERES,
SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $50,100.00, INCLUSIVE OF COSTS AND
ATTORNEYS' FEES, AS FULL SETTLEMENT OF ALL CLAIMS AND DATES
OF ACCIDENT 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 $50,000.00 FROM ACCOUNT NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00,
FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO.
0000 1. 980000.531010. 0000. 00000.
WHEREAS, Joseph Fleres has alleged various dates of accident in the course and
scope of his employment with the City of Miami ("City") and filed claims against the City with the
Division of Administrative Hearings, Office of the Judge of Compensation Claims; and
WHEREAS, the Office of the City Attorney and the Department of Risk Management
have investigated all these dates of accident and claims pursuant to Sections 18-221 through
18-232 of the Code of the City of Miami, Florida, as amended ("City Code"), and recommend
that all dates of accident and claims be settled for the sum of $50,100.00, which includes
$100.00 for a separate release of the City, its present and former officers, agents, and
employees, from any and all claims and demands;
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 to and on behalf of Joseph
Fleres and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the
total sum of $50,100.00, which includes $100.00 for a separate release, in full settlement of any
and all claims and dates of accident 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 release of the City, its present and former officers,
' 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: 9198 (Revision:) Printed On: 711312021
File ID: 9198
Enactment Number: R-21-0279
agents, and employees, from any and all claims and demands with funds in the amount of
$50,000.00 allocated from Account 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:
1
i ria i "ndez, Cify Kttor iey 6/28/2021
City of Miami Page 2 of 2 File ID: 9198 (Revision:) Printed on: 711312021