HomeMy WebLinkAboutR-00-0407J-00-440
5/11/00
RESOLUTION NO. 0 0 — 4 0 7
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING DONALD H. WARSHAW THE
TRANSITIONAL USE, OF A VEHICLE, CELLULAR
TELEPHONE, TELEFAX MACHINE, PAGER AND
COMPUTER COMMENCING FROM THE DATE OF HIS
SEPARATION OF EMPLOYMENT WITH THE CITY OF
MIAMI AND TO CONTINUE AT THE DISCRETION OF
THE CITY MANAGER; AUTHORIZING THE CONTINUED
LEGAL REPRESENTATION BY THE CITY ATTORNEY IN
MATTERS PERTAINING TO CITY BUSINESS; AND
APPROVING A LETTER OF COMMENDATION FROM THE
CITY COMMISSION FOR DONALD H. WARSHAW'S YEARS
OF SERVICE WITH THE CITY; SAID AUTHORIZATIONS
AND APPROVALS CONTINGENT UPON THE EXECUTION
OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI, OFFICALS, OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Commission hereby authorizes
Donald H. Warshaw the (1) transitional use of a vehicle, cellular
telephone, telefax machine, pager and computer, commencing from
the date of his separation of employment with the City of Miami
and, to continue at the discretion of the City Manager, and (2)
continued legal representation by the City Attorney in matters
pertaining to City business, and the City Commission further
approves a letter of commendation for Donald H. Warshaw's years
CITY COMMISSION
MEETING OF
MAY 1 1 2000
Resolution No.
00 407
0
of service with the City, said authorizations and approvals
contingent upon the execution of a general release, in a form
acceptable to the City Attorney, executed by Donald H. Warshaw,
releasing the City of Miami, officials, officers, agents, and
employees from any and all claims and demands.
Section 2. This Resolution shall become effective upon
its adoption and signature of the Mayor'/.
PASSED AND ADOPTED this 11th day of May , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislat' now
becomes effective with the elapse of ten (10) days fr n the to C` Commi , n action
regarding same, without the Mayor ex'cis QA v .
ATTEST:
WALTER FOEMAN, CITY CLERK
AP OV AS TO FKRM AND CORRECTNESS
E�EJAGPRO VILARELLO
ITY ATTORNEY
W4401a:RCL:BSS
J. Fgah, ar( City Clerk
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 2 of 2 '"" 4U 7
MAY -12-2000 16:55 CITY ATTORNEY'S OFFICE 3054161804 P.01iO3
N
�%Lvttij of AiaAK
ALEJANDRO VILARELLO
City Attorney
May 12, 2000
Hand -Delivered
Mr. Donald H. Warshaw
Miami -Dade County, ..Florida
Re: General -Release of Claims
Dear Mr. Warshaw:
(305) 416-1800
Telecopier: (305) 416-1801
At the City Commission meeting of May 11, 2000, the Commission
adopted Resolution No. 00-407 which provides you transitional use of
certain City equipment for a period of time at the sole discretion of the City
Manager. As a condition for the use of the City's equipment, you must
execute a general release of claims against the City.
Attached hereto is said General Release of Claims which satisfies the
referenced condition. Please review the Release with your attorney and if
you agree to said condition, please sign and return tgAy attention.
I y s,
4000,00����
Alejandro Vilarello
City Attorney
cc: Jerome H. Wolfson, Esq. w/afMch.
Mayor and Members of the City Commission, w/attach.
Carlos Gimenez, City Manager, w/attach. .
Waiter J. Foeman, City Clerk, w/attach.
0-
OFFICE 01 71 IE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910
MAY -12-2000 16:55 CITY ATTORNEY'S OFFICE 3054161804 P.02/03
is is
GENERAL RELEASE OF ALL CLAIMS
r '^
THIS INDENTURE WITNESSETH that in consideration of the transitional use
of a City vehicle, telefax machine, pager, cellular telephone and computer for a period of
time to commence at time of separation of service from the City of Miami and to
terminate at the discretion of the present City Manager, Carlos Gimenez, pursuant to
Resolution No: 00-407, passed by the City commission on May 11, 2000, I, Donald
Warshaw (the "'RELEASOR"'), and my heirs, assigns and personal representatives,
release and forever discharge, the CITY OF NUAMi, its present and former officers,
departments, agents, servants, and employees, charged or chargeable with responsibility
or liability, their respective heirs, representatives, successors and assigns (the
"RELEASEES"), from any and all claims, demands, judgments and/or causes of action,
arising from any act or occurrence associated with my employment at and separation of
service from the City of Miami, and particularly on account of all personal injuries,
damages, expenses, attorney's fees and costs, interest, compensation, and/or deprivation
of any kind already sustained or that may hereafter be sustained, including reputation or
civil rights, on account of, or in any way growing out of my employment at and
separation of service from the City of Miami, including but not limited to any claims
which were raised in the Circuit Court in and for Miami -Dade County, Florida, in Case
No. 00-11244 CA (04).
To procure receipt of the said benefits, I hereby declare and covenant as follows:
(1). that I am more than 18 years of age;
(2). That I have not been influenced in any manner, or to any extent, in making
this Release by any representations or statements regarding damages, or regarding any
other matters, by the RELEASEES, or by any person or attorneys representing them, or
any of them individually, or by anyone employed by them;
(3). That I have had the benefit of counsel of my own competent attorney,
Jerome Wolfson, Esquire, and that I fully understand the terms of this Release, and that
I am making full and final settlement of all claims of every nature and character arising
from my employment at and separation of service from the City of Miami against the
RELEASEES;
(4), That there is no outstanding attorney's lien in connection with the
procurement of the benefits awarded herein to RELEASOR;
(5). That this Release contains the entire agreement between the parties hereto
and the terns of this Release are contractual and not a mere recital;
DW JW
General Release of All Claims
Page I of 2
NAY -12-2000 16:56 CITY ATTORNEY'S OFFICE 3054161804 P.03r03
r is
(6) 1 understand that the RELEASEES admit no liability from any
circumstances surrounding the employment of or separation from service of the
RELEASOR, and that the conferring of these benefits is made to terminate further
controversy respecting all claims for damages that I have heretofore asserted or that I, or
my personal representative, might or could hereafter assert because of my employment
with or separation of service from the City of Miami.
SIGNED AND SEALED this day of
Donald Warshaw
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
►Kt1
The foregoing instrument was acknowledged before me this day of
, 2000, by , who is personally known to me or who
has produced as identification and who did/did not take an oath.
My Commission Expires:
DW ,IW
Signature of Notary Public
State of Florida
Type, Print or Stamp Name of
Notary Public
General Release of All Claims�" 07
Page 2 of 2 10 4
TOTAL P.03
TO:
FROM:
DATE:
RE:
0 1 S1
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
Mayor and Members of the Ci mmission
Alejandro Vilarello, City o
May 5, 2000
Resolution provid' onald H. Warshaw a cellular telephone and telefax
machine for 90 d from the date of his separation of employment, in
addition to benefit due pursuant to his employment agreement (J-00-440)
The attached Resolution has been prepared at the request of Commissioner
Arthur E. Teele, Jr. for the May 11, 2000 City Commission Agenda.
W440:RCL
00- 407