HomeMy WebLinkAboutR-21-0202City of Miami
Resolution R-21-0202
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8971 Final Action Date: 5/27/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF HUMBERTO
DIAZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440,
FLORIDA STATUTES, THE TOTAL SUM OF $104,000.00, INCLUDING $100.00
FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL
CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF
MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES
(COLLECTIVELY, "CITY"), WITHOUT ADMISSION OF LIABILITY, UPON
EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION
AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY FROM ANY
AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT
OF $103,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND
FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL
RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Humberto Diaz ("Diaz") has alleged various dates of accident in the course
and scope of his employment with the City of Miami; and
WHEREAS, the Department of Risk Management and the Office of the City Attorney
have investigated all these dates of accident 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
accident and claims be settled for the sum of $104,000.00, which includes $100.00 for a
separate general release;
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 authorized1 to pay to and on behalf of Diaz,
subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$104,000.00, which includes $100.00 for a separate general release, in full settlement of any
and all claims and dates of accident alleged against the City of Miami, its officers, agents, and
employees (collectively, "City"), without admission of liability, upon executing a settlement, hold
harmless, and indemnification agreement as well as a general release of the City from any and
all claims and demands with funds in the amount of $103,900.00 allocated from Account No
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: 8971 (Revision:) Printed On: 5/20/2025
File ID: 8971 Enactment Number: R-21-0202
50001.301001.524000.0000.00000 and funds in the amount of $100.00 allocated from Account
No. 00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 2 of 2 File ID: 8971 (Revision:) Printed on: 5/20/2025