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HomeMy WebLinkAboutR-18-0491City of Miami Resolution R-18-0491 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4741 Final Action Date: 11/15/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MILLIE MUNOZ, AS PERSONAL REPRESENTATIVE OF JAVIER MUNOZ, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $125,000.00 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 IN THE CASE STYLED MILLIE MUNOZ AS PERSONAL REPRESENTATIVE OF JAVIER MUNOZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 17-15223 CA 15, UPON THE EXECUTION OF A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, Millie Munoz, as Personal Representative of Javier Munoz, and the City of Miami ("City") are engaged in litigation in Miami -Dade Circuit Court Case No. 17-15223 CA 15 concerning a claim of negligence resulting in wrongful death; 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 said claims and lawsuit be settled for the lump sum of one hundred twenty-five thousand dollars ($125,000.00) including a 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 fully set forth in this Section. Section 2. The City Manager or his designee is authorized' to execute a Settlement Agreement, in a form acceptable to the City Attorney, and the Director of Finance is authorized to pay Millie Munoz, as Personal Representative of Javier Munoz, without admission of liability, the aggregate total sum of one hundred twenty-five thousand dollars ($125,000.00) for full and complete settlement of any and all claims and demands, including a claim for attorney's fees, against the City, its agents, officers, and employees in the case styled as Millie Munoz as Personal Representative of Javier Munoz v. City of Miami, Case No. 17-15223 CA 15, pending in the Circuit Court in and for Miami -Dade County, upon the execution of general releases of all 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: 4741 (Revision:) Printed On: 4/4/2025 File ID: 4741 Enactment Number: R-18-0491 claims and demands and a dismissal of the City, with prejudice, with funds allocated from Account No. 00001.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 11/2/2018 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. City of Miami Page 2 of 2 File ID: 4741 (Revision:) Printed on: 4/4/2025