HomeMy WebLinkAboutR-22-0136°xCity of Miami
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Resolution R-22-0136
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Legislation
File Number: 11672
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/14/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ROY LEMUS,
SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $300,000.00, INCLUDING $100.00 FOR A
SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS
AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY "CITY"), WITHOUT
ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT
AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS
WELL AS A GENERAL RELEASE OF THE CITY FROM ANY AND ALL CLAIMS
AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $299,900.00
FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE
AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Roy Lemus 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 Department of Risk Management and the Office of the City Attorney
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, and recommend that all dates of
accident and claims be settled for the sum of $300,000.00;
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 to and on behalf of Roy Lemus
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $300,000.00, which includes $100.00 for a separate general 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 agreement, 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, with funds in
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: 11672 (Revision:) Printed On: 412012022
File ID: 11672
Enactment Number: R-22-0136
the amount of $299,900.00 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 t6ria i ndez, Ci[y Httor iey 4/5/2022
City of Miami Page 2 of 2 File ID: 11672 (Revision:) Printed on: 412012022