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HomeMy WebLinkAboutR-02-0217J-02--121 2/4/02 02- 217 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FELICIA FUENTES, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND ROBERT NONES IN THE CASE OF FELICIA FUENTES VS. CITY OF MIAMI AND ROBERTO NONES, ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 98-2661 CA (10), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653. WHEREAS, Felicia Fuentes, filed a claim and lawsuit against the City of Miami and Roberto Nones, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 98-2661 CA (10); and WHEREAS, the above claim and lawsuit have been investigated by the Tort Committee of the City Attorney's Office and the Division of Risk Management pursuant to Section 18-232 of the 4 MAR 0 7 2002 T 09- 217 ; Code of the City of Miami, Florida, as amended, which created the City of Miami's Insurance and Self -Insurance Trust Fund and said Offices recommend that said claim and lawsuit be settled for the sum of $50,000; 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 hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay Felicia Fuentes, without admission of liability, the sum of $50,000.00 in full and complete settlement of any and all claims and demands against the City of Miami in the case of Felicia Fuentes vs. City of Miami and Roberto Nones, Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 98-2661 CA (10), upon the execution of a general release releasing the City of Miami, its present and former officers, agents and employees from any and all claims and demands, with funds allocated from the Self -Insurance Trust and Insurance Fund, Index Code No. 515001.624401.6.653. Page 2 of 3 02- 21-7 s Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor1/. PASSED AND ADOPTED this 7th day of March , 2002. MANUEL A. DIAZ, MAY ATTEST: SYIeIA SCHEIDER ACTING CITY CLERK APPROVES Z,0e)RM D CORRECTNESS & 97kNDRO VILARELLO Y ATTORNEY Ifii�.'Ss�:6.'f1�110FOM 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 02- 217 CITY OF MIAMI -- CITY ATTORNEY'S OFFICE MEMORANDUM TO: Linda Haskins, Director, Department of Management and Budget-- Mario Soldevilla, Administrator, Division of Risk Management'. FROM: Maria J. Chiaro, Assistant City Attorney r DATE: February 4, 2002 RE: Financial review and approval for payment of settlement Proposed Resolution -- City Commission Meeting of March 7, 2002 Felicia Fuentes vs. City of Miami, et al. Eleventh Judicial Circuit Court Case No.: 98-2661 CA (10) Claim No.: 017/GL-97-178 (LT -98-039) (J-02-121) Attached is a copy of a Resolution scheduled for the City Commission Agenda of March 7, 2002, requesting payment of a settlement in the amount of $50,000 in the case of Felicia Fuentes vs. City of Miami, et al., Eleventh Judicial Circuit Case No. No.: 98-2661 CA (10). Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.653. Please indicate your review and approval herein below by affixing your signature and return this original memorandum to Lugena Boles, Administrative Assistant of this office as soon as possible. REVIEW AND APPROVAL BY THE RISK MANAGEMENT DIVISION: MARIO SOLDEVILLA ADMINISTRATOR W671:LB REVIEW AND APPROVAL BY THE DEPARTMENT OF MANAGEMENT AND BUDGET: -,,LINDA HASKINS DIRECTOR 02- 217