HomeMy WebLinkAboutR-22-0137City of Miami
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Resolution R-22-0137
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Legislation
File Number: 11724
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 SAILE HERRERA AND JAVIER HERRERA,
SR., WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF ONE
HUNDRED FORTY-NINE THOUSAND DOLLARS ($149,000.00) IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF
MIAMI IN THE CASE OF SAILE HERRERA, AS NATURAL GUARDIAN AND
MOTHER OF JAVIER HERRERA, JR., AND JAVIER HERRERA, SR. VS. CITY
OF MIAMI PENDING IN THE MIAMI-DADE CIRCUIT COURT, CASE NO. 19-
33681 CA 02, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL
CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANT WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, Saile Herrera and Javier Herrera, Sr. (collectively, "Plaintiffs") have asserted
tort claims against the City of Miami ("City") for injuries sustained by Javier Herrera, Jr. and
Javier Herrera, Sr. arising out an incident involving a Miami Police Department ("MPD") Canine
("K-9") Unit dog which occurred January 7, 2019 in Miami -Dade County, 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 one hundred forty-nine thousand
dollars ($149,000.00), 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 the Plaintiffs, without admission
of liability, the total sum of one hundred forty-nine thousand dollars ($149,000.00) in full and
complete settlement of any and all claims and demands, including all claims for attorneys' fees,
against the City arising out an incident involving a MPD K-9 Unit dog which occurred January 7,
2019 in Miami -Dade County, Florida upon the execution of general release of all claims and
demands against the City in the case of Saile Herrera, as natural guardian and mother of Javier
Herrera, Jr., and Javier Herrera, Sr. vs. City of Miami pending in the Miami -Dade Circuit Court,
Case No. 19-33681 CA 02 and a dismissal of the City with prejudice.
Section 3. Funds are allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
City of Miami Page 1 of 2 File ID: 11724 (Revision:) Printed On: 412012022
File ID: 11724
Enactment Number: R-22-0137
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor iey 3/28/2022
City of Miami Page 2 of 2 File ID: 11724 (Revision:) Printed on: 412012022