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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00255 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY CATHLYN ANN POZDOL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DREW RANDOLPH POZDOL, AND ON BEHALF OF THE ESTATE OF DREW RANDOLPH POZDOL, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE MILLION FIVE HUNDRED DOLLARS ($1,500,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND RAFAEL BORROTO, IN THE CASE STYLED CATHLYN ANN POZDOL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DREW RANDOLPH POZDOL VS. CITY OF MIAMI, TOMAS REGALADO, MIGUEL A. EXPOSITO, AND RAFAEL BORROTO, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 13-22167-CIV-KING, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND RAFAEL BORROTO, WITH PREJUDICE; ALLOCATING FUNDS FROM THE INTERNAL SERVICE FUND. WHEREAS, Cathlyn Ann Pozdol, as Personal Representative of the Estate of Drew Randolph Pozdol, and the City of Miami ("City") are engaged in litigation styled Cathlyn Ann Pozdol, as Personal Representative of the Estate of Drew Randolph Pozdol vs. City of Miami, Tomas Regalado, Miguel A. Exposito, and Rafael Borroto, pending in the United States District Court for the Southern District of Florida, Case No.: 13-22167-Civ-King, concerning a wrongful death claim; and WHEREAS, the Office of the City Attorney 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 lump sum of one million five hundred thousand dollars ($1,500,000.00), including the claim for attorney's fees; 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 Cathlyn Ann Pozdol, as Personal Representative of the Estate of Drew Randolph Pozdol, and on behalf of the Estate of Drew Randolph Pozdol, without admission of liability, the aggregate total sum of one million five hundred dollars ($1,500,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorney's fees, against the City of Miami and its officers, agents and employees, and Rafael Borroto, in the case styled Cathlyn Ann Pozdol, as Personal Representative of the Estate of Drew Randolph Pozdol vs. City of Miami, Tomas Regalado, Miguel A. Exposito, and Rafael Borroto, pending in the United States District Court for the Southern District of Florida, Case No.: 13-22167-Civ-King, City of Miami Page 1 of 2 File Id: 16-00255 (Version: 1) Printed On: 2/29/2016 File Number: 16-00255 upon the execution of general releases of all claims and demands, and a dismissal of the City of Miami and its officers, agents and employees, and Rafael Borroto, with prejudice, allocating said funds from the Internal Service Fund. Section 3. Tbis-Resolution shall become effective immediately upon its adoption and signature of the Mayor. {i4---- APP 6VE S'TO F©RM- ND CORRECTNESS: VICTC IA MEND z CITY ATTORN Footn's : {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: 16-00255 (Version: 1) Printed On: 2/29/2016