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HomeMy WebLinkAboutR-08-0244City of Miami Legislation Resolution: R-08-0244 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00495 Final Action Date: 5/8/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ATTORNEY BARRY R. LERNER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $43,522.87, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, RESULTING FROM HIS REPRESENTATION OF FORMER CITY EMPLOYEE CHARLES G. WYNN; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. WHEREAS, Attorney Barry R. Lerner, seeks payment of attorney's fees and costs resulting from his representation of former employee Charles G. Wynn who alleged various dates of accident in the course and scope of his employment, and who 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 has determined that Barry R. Lerner is entitled to payment of attorney's fees and costs by the City of Miami, and recommend that said claims for attorney's fees and costs be settled for the sum of $43,522.87; 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 Attorney Barry R. Lerner subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $43,522.87, in full settlement of any and all claims for attorney's fees and costs, alleged against the City of Miami, its officers, agents and employees, for his representation of former City employee Charles Wynn, 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 File Id: 08-00495 (Version: 11 Printed On: 5/3/2017 File Number: 08-00495 Enactment Number: R-08-0244 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: 08-00495 (Version: 1) Printed On: 5/3/2017