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HomeMy WebLinkAboutR-23-0009°xCity of Miami �y�`_ Resolution R-23-0009 alldl 11 li.Rl I + Legislation File Number: 12922 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/12/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JULIO JIMENEZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $105,000.00 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 JULIO JIMENEZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 18-023100 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 May 81h, 2017, Julio Jimenez ("Jimenez"), was involved in a motor vehicle accident while travelling West Bound on Northwest 291h Street approaching the intersection of Northwest 2nd Avenue, which resulted in alleged personal injuries to Jimenez; and WHEREAS, Jimenez 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.: 18- 023100 CA 01 concerning a claim of negligence; and WHEREAS, Jimenez 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 $105,000.00, including the claims for attorneys' fees, with $105,000.00 to be paid to Jimenez; 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 Jimenez, without admission of liability, the total sum of $105,000.00 in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, against the City and its officers, agents, and 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: 12922 (Revision:) Printed On: 111812023 File ID: 12922 Enactment Number: R-23-0009 employees in the case styled Julio Jimenez vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 18-023100 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 t6ria i ndez, Cify Httor iey 11f1512022 City of Miami Page 2 of 2 File ID: 12922 (Revision:) Printed on: 111812023