HomeMy WebLinkAboutLegislation-SUBCity of Miami
Legislation
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8772 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF
FINANCE TO PAY BRUCE POWERS, THE PLAINTIFF, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF $99,999.00 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
BRUCE POWERS VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-CV-24498-
MGC, 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, Bruce Powers and the City of Miami are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 19-CV-24498-MGC, concerning
claims of use of excessive force and violation of civil rights; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit ti
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, a� --
amended, and recommends that said claims and lawsuit be settled for the lump sum 6f-
$99,999.00, including the claim for attorneys' fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITYF y�
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolutioiareo
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 Bruce
Powers, without admission of liability, the aggregate total sum of $99,999.00 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 Bruce Powers vs. City of Miami, et al., Case No. 19-CV-24498-MGC, 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.
Section 3. Funds are allocated from Account No. 00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
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: 8772 (Revision: A) Printed On: 3/31/2021
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
87 72 .e31' 5'16c-burl -SO6
File ID: 8772 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
SEEN AT THE END OF THIS DOCUMENT.
City of Miami Page 2 of 2 File ID: 8772 (Revision: A) Printed on: 3/31/2021
File ID: 8772 Enac ent Number:
Section 3. Funds are allocated from Account No. 00001.980000.531010.I 400.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 3/25/2021
n
SUBSTITUTED
City of Miami
Page 2 of 2
File ID: 8772 (Revision:) Printed on: 4/1/2021
cx
File Number: 8772
City of Miami
Legislation
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.mia •igov.com
Final ction Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORI
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AN
DIRECTOR OF FINANCE TO PAY BRUCE POWERS, THE P
WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE
$99,999.00 IN FULL AND COMPLETE SETTLEMENT OF
CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FO
AGAINST THE CITY OF MIAMI AND ITS OFFICERS
EMPLOYEES (COLLECTIVELY, "CITY") IN THE CA
POWERS VS. CITY OF MIAMI, ET AL., PENDING
DISTRICT COURT SOUTHERN DISTRICT OF F
23940-UU, UPON THE EXECUTION OF A GE
CLAIMS AND DEMANDS AND A DISMISSA
ALLOCATING FUNDS FROM ACCOUNT
00001.980000.531010.0000.00000.
WHEREAS, Bruce Powers and the City
States District Court Southern District of Flori
claims of use of excessive force and violatio
G THE CITY
HE
AI NTI FF,
TAL SUM OF
NY AND ALL
ATTORNEYS' FEES,
GENTS, AND
STYLED BRUCE
THE UNITED STATES
ORIDA, CASE NO.: 19-CV-
RAL RELEASE OF ALL
F THE CITY WITH PREJUDICE;
Miami are engaged in litigation in the United
Case No.: 19-CV-24498-MGC, concerning
of civil rights; and
WHEREAS, the City Attorney's 0 ice has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 1 -232 of the Code of the City of Miami, Florida, as
amended, and recommends that sai.. laims and lawsuit be settled for the lump sum of
$99,999.00, including the claim for orneys' fees; o NJ
N
NOW, THEREFORE, B. IT RESOLVED BY THE COMMISSION OF THE CIT-F
MIAMI, FLORIDA:
c:
Section 1. The re als and findings contained in the Preamble to this Resolution are
adopted by reference a . incorporated as fully set forth in this Section.
Section 2. T City Manager is authorized' to execute a Settlement Agreement;; in
form acceptable to e City Attorney, and the Director of Finance is authorized' to payruc--
Powers, without ..mission of liability, the aggregate total sum of $99,999.00 for full and
complete settleent of any and all claims and demands, including his claim for attorneys' fees,
against the C of Miami, its agents, officers, and employees (collectively, "City") in the case
styled Bruc Powers vs. City of Miami, et al., Case No. 19-CV-24498-MGC, pending in the
United St. es District Court Southern District of Florida, upon the execution of general releases
of all cl s and demands and a dismissal of the City with prejudice.
e herein authorization is further subject to compliance with all legal requirements that may be
posed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 1 of 2 File ID: 8772 (Revision:) Printed On: 4/1/2021
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SUBSTITUTED