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HomeMy WebLinkAboutR-18-0473City of Miami Resolution R-18-0473 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4950 Final Action Date: 10/25/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALEJANDRO MENDEZ, WITHOUT ADMISSION OF LIABILITY, FIFTY TWO THOUSAND DOLLARS ($52,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF HIS CLAIMS AND DEMANDS AND A DISMISSAL OF HIS CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, the Fraternal Order of Police ("FOP"), Alfredo Vega, Alejandro Mendez ("Mendez"), and others are engaged in litigation with the City of Miami ("City") in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 98-7760, concerning an allegation that the City issued a faulty promotional examination; and WHEREAS, the City Attorney's Office 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 the claims of Mendez be settled for the lump sum of fifty two thousand dollars ($52,000.00) including all claims for attorneys' fees and costs for an aggregate total of fifty two thousand dollars ($52,000.00); 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 Mendez, without admission of liability, fifty two thousand dollars ($52,000.00) in full and complete settlement of any and all claims and demands including all claims for attorneys' fees against the City, its officers, agents, and employees in the case of Fraternal Order of Police, Miami Lodge No. 20, et al. v. City of Miami, Case No. 98-7760, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, upon the execution of general releases of all his claims and demands and a dismissal of his claims against the City with prejudice. 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: 4950 (Revision:) Printed On: 4/4/2025 File ID: 4950 Enactment Number: R-18-0473 Section 3. Funds are allocated from General Liability Account No. 50001.301001.545013.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Barnaby I_. Min, Deputy City Attorney 10/11/2018 Z 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: 4950 (Revision:) Printed on: 4/4/2025