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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00494 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FRANCISCO CRUZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000 IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, RESIGNATION AND GENERAL RELEASE 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. 05002.301001.524000.0000.00000. WHEREAS, Francisco Cruz, has alleged various dates of accident in the course and scope of his employment, and has filed claims against the City of Miami, in the Division of Administrative Hearings, Office of the Judges of Compensation Claims; and WHEREAS, the Office of the City Attorney has investigated these accidents and claims pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida as amended, and recommend that said claims be settled for the sum of $35,000; 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 Francisco Cruz and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $35,000, in full settlement of any and all claims and dates of accident, alleged against the City of Miami, its officers, agents and employees, without admission of liability, upon executing a settlement agreement, resignation and general release of the City of Miami, and its present and former officers, agents, and employees, from any and all claims and demands, with funds allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 05002.301001.524000.0000.00000. 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: 4/28/2008 File Number: 08-00494 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU` CITY ATTORNEY 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. Ciij' of Miami Page 2 of 2 Printed On: 4/28/2008