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HomeMy WebLinkAboutR-23-0538City of Miami Resolution R-23-0538 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15064 Final Action Date: 12/14/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DANA CARR FOUR -HUNDRED - THOUSAND -DOLLARS ($400,000.00) AND OTHER NON -MONETARY RELIEF, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HER, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF DANA CARR VS. CITY OF MIAMI, CASE NO. 21-CV-22719- DPG, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF HER CLAIMS AND DEMANDS, AND A DISMISSAL OF HER CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, Dana Carr and the City of Miami ("City") are engaged in litigation in the United States District Court for the Southern District of Florida, Case No. 21-CV-22719-DPG; 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 the claims of Dana Carr be settled for the lump sum of four - hundred -thousand -dollars ($400,000.00) including all claims for attorneys' fees and costs, and the nonmonetary condition of rescinding Carr's evaluation for the time period of 10/6/2019 to 1/7/2020; 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 if fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Dana Carr, without admission of liability, four -hundred -thousand -dollars ($400,000.00) and other non -monetary relief, in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, in exchange for dismissal of all claims against the City, its officers, agents, and employees in the case of Dana Carr vs. City of Miami, Case No.21-CV-22719-DPG, pending in the United States District Court for the Southern District of Florida, upon the execution of a general release of all her claims and demands and a dismissal of her claims against the City with prejudice. 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: 15064 (Revision:) Printed On: 1/3/2024 File ID: 15064 Enactment Number: R-23-0538 Section 3. Funds are allocated from General Liability Account No. 50001.301001.545013.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: nd" ez, Ci[y Httor ey 11/22/2023 City of Miami Page 2 of 2 File ID: 15064 (Revision:) Printed on: 1/3/2024