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HomeMy WebLinkAboutR-24-0244City of Miami Resolution R-24-0244 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16189 Final Action Date: 6/27/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LUCIA RAYO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $38,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED LUCIA RAYO VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 21-25862 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, on December 21, 2020, Lucia Rayo ("Rayo"), was involved in an accident at the Roberto Clemente Park on 101 Northwest 34th Street which allegedly resulted in personal injuries to Rayo; and WHEREAS, Rayo and the City of Miami ("City") are engaged in litigation in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 21- 25862 CA 01 concerning a claim of negligence; and WHEREAS, Rayo has made claims against the City for her personal injuries; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims and lawsuit be settled for the total aggregate sum of $38,000.00, including the claims for attorneys' fees, with $38,000.00 to be paid to Rayo; 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 fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Rayo, without admission of liability, the total sum of $38,000.00 in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, against the City and its officers, agents, and 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 16189 (Revision:) Printed On: 7/5/2024 File ID: 16189 Enactment Number: R-24-0244 employees in the case styled Lucia Rayo vs. City of Miami, et. al, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 21-25862 CA 01, upon the execution of a general release of all claims and demands brought for negligence pending in state court and a dismissal of the City and its officers, agents, and employees with prejudice, with funds allocated from Account No. 50001.301001.545013.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy i ng III, C y tor -y 6/17/2024 City of Miami Page 2 of 2 File ID: 16189 (Revision:) Printed on: 7/5/2024