HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00891a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY KENIA PEREZ THE TOTAL SUM OF $550,000,
IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY
OF MIAMI, ITS -OFFICERS, AGENTS AND EMPLOYEES, KENIA PEREZ VS. THE
CITY OF MIAMI, PENDING IN THE U.S. DISTRICT COURT, SOUTHERN
DISTRICT OF FLORIDA, CASE NO.: 10-21179-CIV-COOKE/TURNOFF, UPON
THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS,
AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000.
WHEREAS, Kenia Perez and the City of Miami, are engaged in litigation in the U.S. District
Court, Southern District of Florida, Case No.: 10-21179-CIV-COOKE/TURNOFF, concerning a
kidnapping and sexual assault on March 19, 2007, by a City of Miami Police Officer; and
WHEREAS, the City Attorney's Office has investigated these claims 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 claims and lawsuit be settled for the sum of $550,000;
WHEREAS, the excess insurance carrier of the City of Miami has the obligation to reimburse
the City of Miami for all settlement proceeds in excess of the self -insured retention of $500,000;
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 Kenia Perez the total sum of $550,000
in full and complete settlement of any and all claims and demands, including attorney's fees and costs,
against the City of Miami, its agents, officers and employees, Kenia Perez v. The City of Miami,
pending in the U.S. District Court, Southern District of Florida, Case No.: 10-21179
-CIV-COOKE/TURNOFF, upon the execution of general releases of all claims and demands, and a
dismissal of the defendants with prejudice, with funds allocated from Account No.
05002.301001. 545000.0000.00000.
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: 11-00891a (Version: 1) Printed On: 9/27/2011
File Number. 11-00891a
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEYoN4
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: 11-00891a (Version: 1) Printed On: 9/27/2011