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HomeMy WebLinkAboutLegislationFile .Number: 09-00561 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WILLIAM F. SOUZA, ESQUIRE, OF WILLIAM F. SOUZA, P.A., ON BEHALF OF RANDALL CASON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS FOR ALL DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT. ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. WHEREAS, Randall Cason has alleged various dates of accident and filed claims against the City of Miami, in the Division of Administrative Hearings, Office of the Judge of Compensation Claims; and WHEREAS, the Office of the City Attorney has investigated all these dates of accident and claims pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that the claims for attorney's fees and costs be settled for the total sum of $125,000; 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 to William F. Souza, Esquire, of William F. Souza, P.A., on behalf of Randall Cason, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $125,000 for attorney's fees and costs, in full settlement of any and all claims for attorney's fees and costs for all dates of accident, alleged against the City of Miami, its officers, agents and employees, without admission of liability, upon executing a settlement agreement, with funds allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 05002.301001.515000.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY (S'Wb Lv'4 v City of Miami Page 1 of 2 Printed On: 5/28/2009 City of Miami City Hall 3500 Pan American Drive Legislation Kami, FL 33133 www.miamigov.com Resolution File .Number: 09-00561 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WILLIAM F. SOUZA, ESQUIRE, OF WILLIAM F. SOUZA, P.A., ON BEHALF OF RANDALL CASON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS FOR ALL DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT. ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. WHEREAS, Randall Cason has alleged various dates of accident and filed claims against the City of Miami, in the Division of Administrative Hearings, Office of the Judge of Compensation Claims; and WHEREAS, the Office of the City Attorney has investigated all these dates of accident and claims pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that the claims for attorney's fees and costs be settled for the total sum of $125,000; 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 to William F. Souza, Esquire, of William F. Souza, P.A., on behalf of Randall Cason, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $125,000 for attorney's fees and costs, in full settlement of any and all claims for attorney's fees and costs for all dates of accident, alleged against the City of Miami, its officers, agents and employees, without admission of liability, upon executing a settlement agreement, with funds allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 05002.301001.515000.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY (S'Wb Lv'4 v City of Miami Page 1 of 2 Printed On: 5/28/2009 File Number: 09-00561 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 Printed On: 5/28/2009