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HomeMy WebLinkAboutR-22-0441City of Miami Resolution R-22-0441 alldl 11 li.Rl I + Legislation File Number: 12889 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/17/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY WILLIAM REYES AMADO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $75,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED WILLIAM REYES AMADO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 20-013399 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. WHEREAS, on April 20, 2019, William Reyes Amado ("Reyes Amado"), was involved in a motor vehicle accident while travelling North Bound on Southwest 22nd Avenue approaching Southwest 3rd Street, which resulted in alleged personal injuries to Reyes Amado; and WHEREAS, Reyes Amado and the City of Miami ("City") are engaged in litigation in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-013399 CA 01 concerning a claim of negligence; and WHEREAS, Reyes Amado has made claims against the City for his personal injuries; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims and lawsuit be settled for the total aggregate sum of $75,000.00, including the claims for attorneys' fees, with $75,000.00 to be paid to Reyes Amado; 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 fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Reyes Amado, without admission of liability, the total sum of $75,000.00 in full and complete settlement of 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: 12889 (Revision:) Printed On: 1113012022 File ID: 12889 Enactment Number: R-22-0441 claims and demands, including all claims for attorneys' fees, against the City and its officers, agents, and employees in the case styled William Reyes Amado vs. City of Miami, et. al, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-013399 CA 01, upon the execution of a general release of all claims and demands brought for negligence pending in state court and a dismissal of the City and its officers, agents, and employees with prejudice. Section 3. Funds to be allocated from Account No. 50001 .301001.545011.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i �-nde` z, City Attor iey 11/612022 City of Miami Page 2 of 2 File ID: 12889 (Revision:) Printed on: 1113012022