HomeMy WebLinkAboutR-16-0449City of Miami
Legislation
Resolution: R-16-0449
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00855 Final Action Date: 9/22/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF DONNIER CHERISME,
AND HIS COUNSEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER
440, FLORIDA STATUTES, THE TOTAL SUM OF $115,100.00, INCLUDING $100.00
FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS
AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY,
UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION
AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY
AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF
$115,000.00 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO.
50001.301001.524000.0000.00000; FURTHER ALLOCATING FUNDS IN THE
AMOUNT OF $100.00 FOR THE SEPARATE GENERAL RELEASE FROM THE
NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Donnier Cherisme has alleged various dates of accident in the course and scope
of his employment with the City of Miami ("City"), and filed claims against the City with the Division of
Administrative Hearings, Office of the Judge of Compensation Claims; and
WHEREAS, the Office of the City Attorney has investigated all these dates of accident and
claims pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that all dates of accident and claims be settled for the sum of
$115,100.00;
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 to and on behalf of Donnier Cherisme,
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$115,100.00, which includes $100.00 for the separate general release, in full settlement of any and
all claims and dates of accident, alleged against the City, its officers, agents and employees, without
admission of liability, upon executing a settlement, hold harmless, and indemnification agreement as
well as a general release of the City its present and former officers, agents, and employees, from any
and all claims and demands, except as noted above, with funds in the amount of $115,000.00
allocated from the Internal Service Fund, Index Code No. 50001.301001.524000.0000.00000 and
funds in the amount of $100.00 for the separate general release allocated from the
Non -Departmental Account No. 00001.980000.531010.0000.00000.
City of Miami
Page 1 of 2 File Id: 16-00855 (Version: 1) Printed On: 5/29/2018
File Number: 16-00855 Enactment Number: R-16-0449
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
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: 16-00855 (Version: 1) Printed On: 5/29/2018