HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00476 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE
PAYMENT OF $94,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF
MIAMI ("CITY"), IN THE CASE OF ELMER GONZALEZ V. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE
NO. 13-22017 CA 22, UPON THE DISMISSAL OF THE CITY WITH PREJUDICE,
ADOPTING THE PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING THE
CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S
RIGHT TO INDEMNITY AGAINST THIRD PARTIES; ALLOCATING SETTLEMENT
FUNDS FROM ACCOUNT NO. 50001.302001.545013.0000.00000.
WHEREAS, Elmer Gonzalez filed claims and a lawsuit against the City of Miami ("City") in the
Circuit Court in and for Miami -Dade County, Case No. 13-22017 CA 22, arising from a personal injury
claim; and
WHEREAS, the City, through the City Attorney's Office, entered into a settlement agreement
subject to final approval by the City Commission; and
WHEREAS, the City Attorney's Office has investigated the claims and lawsuit, and recommends
that said claims and lawsuit be settled for the total sum of $94,000.00, and seeks authorization to take
any and all necessary actions, including the filing of a lawsuit, to preserve its right to indemnity against
third parties;
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. Payment is hereby authorized for the total sum of $94,000.00, in full and complete
settlement of any and all claims and demands against the City, in the case of Elmer Gonzalez v. City
of Miami, pending in the Circuit Court in and for Miami -Dade County, case no. 13-22017 CA 22,
adopting the parties' settlement agreement, and authorizing the CityAttorney's Office to take any and
all actions, including the filing of a lawsuit, necessary to preserve its right to indemnity against third
parties, with funds allocated from Account No. 50001.302001.545013.0000.00000.
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: 15-00476 (Version: 1) Printed On: 4/20/2015
File Number: 15-00476
APPROVED AS TO FORM AND CORRECTNESS:
VI ' TORIA ENDEZ
CITY ATTORNEY
Footnotes:
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
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: 15-00476 (Version: 1) Printed On: 4/20/2015