HomeMy WebLinkAboutR-98-1065J-98-864
9/15/98
RESOLUTION NO. 9 8- 10 6 J
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY EDWARD MARQUEZ, WITHOUT
ADMISSION OF LIABILITY, A TOTAL SUM OF
$311,991.95, INCLUSIVE OF ATTORNEY FEES AND
EXPENSES, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, CASE NO 98-5020 CA
20, UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI, ITS OFFICERS AND
FORMER OFFICERS, EMPLOYEES, AGENTS AND
EMPLOYEES, FROM ANY AND ALL CLAIMS AND
DEMANDS, BEGINNING WITH AN IMMEDIATE LUMP SUM
PAYMENT IN THE AMOUNT OF $141,005, AND THE
BALANCE TO BE PAID, WITHOUT INTEREST, AS
SPECIFIED HEREIN; ALLOCATING FUNDS THEREFOR
FROM THE SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 515001.424401.6.661.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay Edward Marquez, without admission of liability, a total
sum of $311,991.95, inclusive of attorney fees and expenses, in
full and complete settlement of any and all claims and demands
against the City of Miami, in the Circuit Court of the Eleventh
Judicial Circuit, Case No. 98-5020 CA 20, upon the execution of a
I W.
OCT 2 7 1998
R.wolut%n No.
98-10615)
general release releasing the City of Miami, its officers and
former officers, employees, agents and employees, from any and
all claims and demands, beginning with an immediate lump sum
payment in the amount of $141,005, and the balance to be paid,
without interest, beginning October 1, 1998, in accordance with
the payment schedule set forth in Section 2 below, with funds
therefor hereby allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.424401.6.661.
Section 2. The Director of Finance is hereby authorized
to make the hereinabove payments in accordance with the following
schedule:
Amount
$141,005.00
$ 35,246.74
$ 30,000.00
$ 35,246.74
$ 35,246.74
$ 35.,246.74
$311,991.96
Total
Payment Date
Upon execution
October 1, 1998
January 1, 1999
January 1, 1999
April 1, 1999
July 1, 1999
Special Instructions
$30,000 to Marquez
City of Miami Acct. No.
109799, 401 with ICMA
Retirement Corp.
Same instructions as
above.
Section 3. It is hereby stipulated that should Edward
Marquez become employed by the City of Miami at any time prior to
dQ
98-106J
-
final disbursement of the quarterly payments, said payments would
cease.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature by the Mayor-11.
PASSED AND ADOPTED this 27th day of October , 1998.
ATTEST:
JOE CAROLLO, MAYOR
In accordance with Miami Code See. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designates', place provided said legislation naw
becomes effective with the elapse of t (10) an ,m Ccmmis action
reganft same, without the Mayor a rcisi g
Walter . F , City Clerk
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS:C/
NDRO VILARELLO
ATTORNEY
W2909:MJC:CSK
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.
3-
98-10
CITY OF MIAMI 11
CITY ATTORNEY'S OFFICE
MEM03,INDUM
TO: Honorable Mayor andAA
e City Commission
FROM: Alejandro Vilarello, t
DATE: September 15, 19
RE: Settlement Res u 'o ity of Miami
Commission g of 9128/98
The attached Resolution is seeking authorization by the City Commission for settlement of
the matter, Marquez v. City of Miami, Case No. 98-5020 CA 20, for a total amount of
$311,991.95.
Funds are available from the City of Miami Self -Insurance and Insurance Trust Fund, Index
Code No. 515001.424401.6.661.
CSK
enc.
c: City Manager
ck:nocummtl 9 8 -1 U 6 5
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: — Mario Soldevilla, Administrator, Department of Risk Management
Dipak Parekh, Director, Budget & Management Analysis.
FROM: Maria J. Chiaro, Assistant City Attorney id%
DATE: September 16, 1998
RE: Settlement Resolution, Commission Meeting of 9/28/98
Marquez v. City of Miami
The attached copy of a resolution is being placed on the City Commission Agenda for the
meeting of September 28, 1998. If approved, the matter of Marquez v. City of Miami, Case No.
98-5020 CA 20, will be settled for a total amount of $311,991.95. Funds wiII be allocated from the
Insurance and Self -Insurance Trust Fund, Index Code No. 515001.424401.6.661. Note that the
amount has been changed from the previous memo, $304,991.95 to $311,991.95.
Please indicate your review and approval below prior to the request being presented to the
City Commission.42
j r(/
(APPROVED ISAPPROVED) (APP OVED/DISAPPROVED)
Nfmi&Svtdevilla, Administrator Dipak Parekh, Director
Risk Management Budget & Management Analysis
enc.
CSK
ck:Settletnaa-Marquez doc 9 8_ 1 f a 6