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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Resolution City Half 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3792 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF BERTHA LOZANO SOTOAGUILAR, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("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 OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS: ALLOCATING FUNDS IN THE AMOUNT OF $124,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, Bertha Lozano Sotoaguilar has alleged various dates of accident in the course and scope of her 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 $125,000.00, which includes $100.00 for a separate general release; 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 Bertha Lozano Sotoaguilar and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $125,000.00, which includes $100.00 for a 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, allocating funds in the amount of $124,900.00 from Account No. 50001.301001.524000.0000.00000 and ' 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 1D: 3792 (Revision: A) Printed On: 412012018 3792-Legislation-SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File 1D: 3792 Enactment Number: funds in the amount of $100.00, for the separate general release, from Account No. 000 01.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor,2 APPROVED AS TO FORM AND CORRECTNESS: 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: 3792 (Revision: A) Printed on: 4/20/2018 SUBSTITUTED fact Ara!tar. litste rtR' City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3792 Final Action A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DI OF FINANCE TO PAY TO AND ON BEHALF OF BERTHA LOZANO SOTO SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORID STATUTES, THE TOTAL SUM OF $125,100.00, INCLUDING $100.00 F SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL C DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSIO UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AN AGREEMENT AS WELL AS A GENERAL RELEASE OF THE PRESENT AND FORMER OFFICERS, AGENTS, AND EMP AND ALL CLAIMS AND DEMANDS; ALLOCATING FUN $125,000.00 FROM ACCOUNT NO. 50001.301001.52 IN THE AMOUNT OF $100.00, FOR THE SEPARAT ACCOUNT NO. 00001.980000.531010.0000.0000 A IMS AND ITY"), ITS OF LIABILITY, NDEMNIFICATION ITY OF MIAMI, ITS OYEES, FROM ANY IN THE AMOUNT OF 0.0000.00000 AND FUNDS GENERAL RELEASE, FROM t CTOR UILAR, WHEREAS, Bertha Lozano Sotoaguilar has :Ileged various dates of accident in the course and scope of his employment with the Cit of Miami ("City") and filed claims against the City with the Division of Administrative Hearing-, 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 18-2 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommer is that all dates of accident and claims be settled for the sum of $125,100.00, which includ: $100.00 fora separate general release; NOW, THEREFORE, ' IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The -citals and findings contained in the Preamble to this Resolution are adopted by referenc nd incorporated as if fully set forth in this Section. Section The Director of Finance is authorized' to pay to and on behalf of Bertha Lozano Sotoa! filar and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, th: otal sum of $125,100.00, which includes $100.00 fora separate general release, in full sett ' ment of any and all claims and dates of accident alleged against the City, its officers, agents, :nd employees, without admission of liability, upon executing a settlement, hold harm ' ss, and indemnification agreement as well as a general release of the City, its present an• ormer officers, agents, and employees, from any and all claims and demands, allocating ds in the amount of $125,000.00 from Account No. 50001.301001.524000.0000.00000 and unds in the amount of $100.00, for the separate general release, 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. SUBSTITUTED Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 4/16/2018 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.