HomeMy WebLinkAboutR-09-0498Vop City of Miami
Legislation
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Resolution: R-09-0498
File Number: 09-01037
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF
$101,590.81, IN SETTLEMENT OF THE CLAIMS AND DEMANDS FOR THE CASE
OF CITY OF MIAMI VS. MIAMI-DADE COUNTY IN CASE NO. 09 -8885 -CA -15,
PURSUANT TO THE TERMS OF THE TRUST FUND RELEASE AND DISBURSAL
AGREEMENT; DIRECTING THE CITY MANAGER TO EXECUTE THE TRUST FUND
RELEASE AND DISBURSAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, the City of Miami ("City") was a member of the South Florida Employment and
Training Consortium ("SFETC") which was made up of five governmental entities: Miami -Dade
County, City of Miami, City of Miami Beach, City of Hialeah and Monroe County; and
WHEREAS, all governmental entities entered into a "Consortium Agreement"; and
WHEREAS, the State of Florida, through the Agency for Workforce Innovation ("AWI") performed
an audit of SFETC's expenditures and in its Management Decision CF2005-6, found $651, 282 in
disallowed costs; and
WHEREAS, the SFETC was able to recover $305,077, which left an outstanding balance of
$343,688; and
WHEREAS, AWI filed a claim and a petition for administrative hearing pursuant to Florida Statute
Sections 120.59 and 120.57 requesting a hearing on its Management Decision finding CF2005-6, as
outlined in the Division of Administrative Hearings Case No. 06-4333, seeking repayment $343, 688;
and
WHEREAS, the City settled its claim with the AWI for $114.256.62; and
WHEREAS, on or about February 23, 2009, the City filed a lawsuit against Miami -Dade County,
pursuant to the terms of the Consortium Agreement for indemnification and seeking repayment of
$114.256.62; and
WHEREAS, Miami -Dade County has offered to pay the City $101,590.81, and settle all claims
from proceeds retained in a trust fund for the benefit of the former members of SFETC; and
WHEREAS, in order for Miami -Dade County to disburse the funds, all five governmental entities
must authorize the Trust Fund Release and Disbursal Agreement; and
WHEREAS, four of the governmental entities have authorized the Trust Fund Release and
Disbursal Agreement, and the City is the last remaining entity to authorize the Trust Fund Release
City of Miand Page 1 of 2 File Id. 09-01037 (Version: 1) Printed On: 7/7/2017
File Number: 09-01037
and Disbursal Agreement; and
Enactment Number: R-09-0498
WHEREAS, payment in the amount of $101,590.81 to the City, in settlement of all claims has
been evaluated by the City Attorney and is recommended for approval by the City Attorney;
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. Payment to the City, in the amount of One Hundred One thousand Five hundred
Ninety dollars and Eighty One cents ($101,590.81), in full settlement of the claims and demands for
the case of City of Miami vs. Miami -Dade County in Case no.: 09-8885 CA 15, pursuant to the terms
of the Trust Fund Disbursal Agreement, in substantially the attached form, is accepted.
Section 3. The City Manager is authorized {1} to execute the Trust Fund Disbursal Agreement, in
substantially the attached form, and all necessary documents, in a form acceptable to the City
Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} 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.
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