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HomeMy WebLinkAboutR-19-0008City of Miami Resolution R-19-0008 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5260 Final Action Date: 1/10/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JESUS MURGADO AND HIS ATTORNEYS, CORONA LAW FIRM, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($47,500.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED JESUS MURGADO VS. CITY OF MIAMI, PENDING IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 16-19959 CA 15, UPON THE EXECUTION OF GENERAL RELEASES AND SATISFACTIONS OF JUDGMENT AS TO ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, Jesus Murgado and the City of Miami ("City") are engaged in litigation in Miami -Dade County Circuit Court, Miami, Florida, Case No.: 16-19959 CA 15, concerning a trip and fall accident which allegedly occurred at the Dinner Key Seminole Boat Ramp in Coconut Grove, Florida; 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 forty- seven thousand five hundred dollars ($47,500.00) including the 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, without admission of liability, the aggregate total sum of forty-seven thousand five hundred dollars ($47,500.00) for full and complete settlement of any and all claims and demands, including attorney's fees, against the City, its agents, officers, and employees in the case styled Jesus Murgado vs. City of Miami, pending in the Miami -Dade County Circuit Court, Miami, Florida, Case No. 16-19959 CA 15, upon the execution of general releases of all claims and demands, satisfactions of judgment, 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: 5260 (Revision:) Printed On: 4/8/2025 File ID: 5260 Enactment Number: R-19-0008 and a dismissal of the City and all individual City employee defendants, with prejudice, with funds allocated from Account No. 50001.301001.545013.0000.00000. 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 12/26/2018 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: 5260 (Revision:) Printed on: 4/8/2025