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HomeMy WebLinkAboutR-20-0249City of Miami Resolution R-20-0249 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7758 Final Action Date: 9/10/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF FINANCE TO PAY BRIAN WHITE, THE PLAINTIFF, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $137,500.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED BRIAN WHITE VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 17-CV-23940-UU, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, Brian White and the City of Miami are engaged in litigation in the United States District Court Southern District of Florida, Case No.: 17-CV-23940-UU, concerning a claim of use of excessive force and violation of civil rights; 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 $137,500.00, including the claims for attorneys' 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 is authorized' to execute a Settlement Agreement, in a form acceptable to the City Attorney, and the Director of Finance is authorized' to pay Brian White, without admission of liability, the aggregate total sum of $137,500.00 for full and complete settlement of any and all claims and demands, including his claim for attorneys' fees, against the City of Miami, its agents, officers, and employees (collectively, "City") in the case styled Brian White vs. City of Miami, et al., Case No. 17-CV-23940-UU, pending in the United States District Court Southern District of Florida, upon the execution of general releases of all claims and demands and a dismissal of the City with prejudice. 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: 7758 (Revision:) Printed On: 5/6/2025 File ID: 7758 Enactment Number: R-20-0249 Section 3. Funds are allocated from Account No. 00001.980000.531010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: end e ezCiity Attor ey 8/27/2020 City of Miami Page 2 of 2 File ID: 7758 (Revision:) Printed on: 5/6/2025