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HomeMy WebLinkAboutR-16-0540City of Miami Resolution R-16-0540 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1325 Final Action Date: 11/17/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DBI SERVICES, LLC, ON BEHALF OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED SIXTEEN THOUSAND FORTY-FIVE DOLLARS AND TWENTY CENTS ($116,045.20) 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 KASEEM SMITH, ARISING OUT OF AN ACCIDENT ON FEBRUARY 15, 2016, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS BY FDOT AND DBI SERVICES, LLC; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, DBI Services, LLC has asserted a claim for damages against the City of Miami ("City") arising out of an accident on February 15, 2016 on Interstate 95 in Miami, Florida; and WHEREAS, the City Attorney's Office has investigated the claim and, pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, recommends that said claim be settled for the lump sum of one hundred sixteen thousand forty- five dollars and twenty cents ($116,045.20), including any 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 DBI Services, LLC, without admission of liability, the aggregate total sum of one hundred sixteen thousand forty-five dollars and twenty cents ($116,045.20), in full and complete settlement of any and all claims and demands, including all claims for attorney's fees, against the City and its officers, agents and employees, and Kaseem Smith, arising out of the accident on February 15, 2016, upon the execution of general release by DBI Services, LLC, and Florida Department of Transportation of all claims and demands against the City and its officers, agents and employees, and Kaseem Smith. Section 3. Funds to be allocated from Account No. 00001.980000.531010.0000.00000. 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 1325 (Revision:) Printed On: 3/18/2025 File ID: 1325 Enactment Number: R-16-0540 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: endez, City Httor11/7/2016 2 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: 1325 (Revision:) Printed on: 3/18/2025