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HomeMy WebLinkAboutR-22-0013City of Miami f Legislation t„ Resolution: R-22-0013 File Number: 11227 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANDRE BERNARD LEWIS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF SIXTY THOUSAND DOLLARS ($60,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, LESLIER DIAZ, AND LEONEL SANCHEZ IN THE CASE OF ANDRE BERNARD LEWIS VS. CITY OF MIAMI, LESLIER DIAZ, AND LEONEL SANCHEZ PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 19-031547 CA 02, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, Andre Bernard Lewis has asserted tort claims against the City of Miami, Leslier Diaz, and Leonel Sanchez (collectively, "City") arising out of his arrest which occurred August 20, 2018 at the Brickell Metrorail Station, Miami, Florida; and WHEREAS, the City Attorney's Office has investigated the claims and pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, recommends that said claims be settled for the lump sum of sixty thousand dollars ($60,000.00), including any claim for attorneys' fees; 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 Andre Bernard Lewis, without admission of liability, the total sum of sixty thousand dollars ($60,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, against the City pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 19-031547 CA 02, upon the execution of general release of all claims and demands against the City. Section 3. Funds are allocated from Account No. 50001.301001.545010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. ' 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: 11227 (Revision:) Printed On: 112012022 File ID: 11227 Enactment Number: R-22-0013 APPROVED AS TO FORM AND CORRECTNESS: 1 ria i dez, C oty Attor iey 12123/2021 City of Miami Page 2 of 2 File ID: 11227 (Revision:) Printed on: 112012022