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HomeMy WebLinkAboutR-25-0028City of Miami Resolution R-25-0028 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17162 Final Action Date: 2/13/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY EDWIN GOMEZ FIFTY -THOUSAND - DOLLARS ($50,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF EDWIN GOMEZ VS. CITY OF MIAMI ET AL., CASE NO. 21-CV-23668-KMW, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF ALL CLAIMS AGAINST THE CITY OF MIAMI AND ALL PARTIES WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, Edwin Gomez and the City of Miami ("City") are engaged in litigation in the United States District Court for the Southern District of Florida, Case No. 21-CV-23668-KMW; 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 the claims of Edwin Gomez be settled for the lump sum of fifty - thousand -dollars ($50,000.00) including all claims for attorneys' fees and costs; 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 Edwin Gomez, without admission of liability, fifty -thousand -dollars ($50,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, in exchange for dismissal of all claims against the City, its officers, agents, and employees in the case of Edwin Gomez vs. City of Miami et al., Case No. 21-CV-23668-KMW, pending in the United States District Court for the Southern District of Florida, upon the execution of a general release of all his claims and demands and a dismissal of his claims against the City and all parties with prejudice. Section 3. Funds are allocated from General Liability Account No. 50001.301001.545013.0000.00000. 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: 17162 (Revision:) Printed On: 8/12/2025 File ID: 17162 Enactment Number: R-25-0028 Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 17162 (Revision:) Printed on: 8/12/2025