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HomeMy WebLinkAboutresolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-01361 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JUAN PABLO HERNANDEZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $475,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF JUAN PABLO HERNANDEZ V. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, CASE NO. 99-1204-CIV-JORDAN, UPON EXECUTING A GENERAL RELEASE AND DISMISSAL OF THE CITY OF MIAMI, AND ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401. 6.652. WHEREAS, Juan Pablo Hernandez, filed a claim and lawsuit against the City of Miami, and Police Officer Richard Perez, in the United States District Court, Southern District of Florida, Case No. 99- 1204-CIV-JORDAN; 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 $475,000; 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 Juan Pablo Hernandez, without admission of liability, the sum of $475,000 in full and complete settlement of any and all claims and demands against the City of Miami, its officers, agents and servants, in the case Juan Pablo Hernandez v. City of Miami, et al., in the United States District Court, Case No. 99-1204-CIV-JORDAN, upon executing a general release and dismissal of the City of Miami, and its present and former officers, agents and employees, from any and all claims and demands, on forms acceptable to the City Attorney, with funds allocated from the Self Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} City of Miami Page 1 of 2 Printed On: 12/15/2004 File Number. 04-01361 APPROVED AS TO FORM AND CORRECTNESS:e- it �L JORGE L. Fi=RNANDE2 ,�yJ CITY A—TORNEY 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: 12/15/2004