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HomeMy WebLinkAboutR-20-0376City of Miami Resolution R-20-0376 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7989 Final Action Date: 11/19/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JAMES MUNGIN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $76,530.00, INCLUSIVE OF COSTS AND ATTORNEYS' FEES, AS FULL SETTLEMENT OF ANY AND 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, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000 AND INDEX CODE NO. 00001.980000.531010.0000.00000. WHEREAS, James Mungin has alleged various dates of accident in the course and scope of his employment with the City of Miami ("City") and has 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 Department of Risk Management 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, and recommend that all dates of accidents and claims be settled for the sum of $76,530.00, which includes $100.00 for a separate release of the City, its present and former officers, agents, and employees from any and all claims and demands; 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 to and on behalf of James Mungin and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $76,530.00, 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 release of the City, its present and former 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 7989 (Revision:) Printed On: 5/13/2025 File ID: 7989 Enactment Number: R-20-0376 officers, agents, and employees from any and all claims and demands with funds allocated from the Internal Service Fund, Index Code No. 50001.301001.524000.0000.00000 and/or Index Code No. 00001.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 10/26/2020 City of Miami Page 2 of 2 File ID: 7989 (Revision:) Printed on: 5/13/2025