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HomeMy WebLinkAboutR-23-0477City of Miami Resolution R-23-0477 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14413 Final Action Date: 10/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LEONARDO GUZMAN, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $165,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED LEONARDO GUZMAN VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NO. 20-012158-CA, 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, ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, on September 3, 2019, Leonardo Guzman ("Guzman") was involved in a motor vehicle accident involving a City of Miami Police vehicle that resulted in alleged personal injuries to Guzman; and WHEREAS, Guzman and the City of Miami ("City") are engaged in litigation in Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-012158-CA, concerning claims for alleged personal injuries sustained related to a motor vehicle accident involving a City Police vehicle; 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 $165,000.00, including the claims for attorneys' fees; 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 Guzman, without admission of liability, the total sum of $165,000.00 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 employees in the case styled Leonardo Guzman vs. City of Miami, pending in the Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida, Case No.: 20-012158-CA, upon 1 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: 14413 (Revision:) Printed On: 11/6/2023 File ID: 14413 Enactment Number: R-23-0477 the execution of a general release of all claims and demands brought for alleged negligence and a dismissal of the City and its officers, agents, and employees with prejudice. Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, iky Aktor ey 10/10/2023 City of Miami Page 2 of 2 File ID: 14413 (Revision:) Printed on: 11/6/2023