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Resolution: R-09-0109
File Number: 09-00172
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/12/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MIGUEL GUTIERREZ, AS PARENT AND
PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ,
DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $165,000 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES,
INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, IN THE CASE OF MIGUEL GUTIERREZ, ETC. VS. THE CITY OF
MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.:
06-01722 CA 09, UPON THE EXECUTION BY MIGUEL GUTIERREZ, OF A
GENERAL RELEASE OF THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES,
INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.515000.0000.00000.
WHEREAS, Miguel Gutierrez, as Parent and Personal Representative of the Estate of Susana
Gutierrez, and the City of Miami are engaged in litigation in the Circuit Court of the Eleventh Judicial
Circuit, in and for Miami -Dade County, Florida, Case Nos.: 06-01722 CA 09, concerning the death of
City employee, Susana Gutierrez, which occurred on May 30, 2003; and
WHEREAS, the City Attorney's Office has investigated this claim and lawsuit, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of $165,000;
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Miguel Gutierrez, as Parent and
Personal Representative of the Estate of Susana Gutierrez, deceased, without admission of liability,
the sum of $165,000 in full and complete settlement of any and all claims and demands against the
City of Miami, its departments, agencies, instrumentalities, officials, officers, agents, servants and
employees, in the case Miguel Gutierrez, etc. vs. The City of Miami, in the Circuit Court of the
Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 06-01722 CA 09, upon the
execution by Miguel Gutierrez, of a general release of the City of Miami, its departments, agencies,
instrumentalities, officials, officers, agents, servants and employees, from any and all claims and
demands, and a dismissal with prejudice, on forms acceptable to the City Attorney, with funds
allocated from Account No. 05002.301001.515000.0000.00000.
City of Miand Page 1 of 2 File Id. 09-00172 (Version: 1) Printed On: 6/1/2017
File Number: 09-00172
Enactment Number: R-09-0109
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1 }
Footnotes:
{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.
City of Miami Page 2 of 2 File Id. 09-00172 (Version: 1) Panted On: 6/1/2017