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HomeMy WebLinkAboutR-18-0361City of Miami Resolution R-18-0361 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4302 Final Action Date: 9/13/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSE J. SOTO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $90,000.00, 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 $89,900.00 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, Jose J. Soto 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 and the Risk Department have investigated all these dates of accidents and claims pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended (City Code), and recommend that all dates of accidents and claims be settled for the sum of Ninety Thousand Dollars ($90,000.00); 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 authorized1 to pay to and on behalf of Jose J. Soto and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $90,000.00, which includes $100.00 for a separate general release, in full settlement of any and all claims and dates of accidents 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. 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: 4302 (Revision:) Printed On: 4/3/2025 File ID: 4302 Enactment Number: R-18-0361 Section 3. Funds are allocated in the amount of $89,900.00 from Account No. 50001.301001.524000.0000.00000 and in the amount of $100.00, for the separate general release, from Account No. 00001.980000.531010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor2. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 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: 4302 (Revision:) Printed on: 4/3/2025