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HomeMy WebLinkAboutR-16-0030Vop City of Miami Legislation < U R �O Resolution: R-16-0030 File Number: 16-00022 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/28/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JORGE AGULAR, AND HIS COUNSEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000.00, INCLUDING $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 ("CITY'), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, 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 SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO._ 50001.301001.524000.0000.00000. WHEREAS, Jorge Agular has alleged various dates of accident in the course and scope of his employment with the City of Miami ("City"), and 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 has 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 recommends that all dates of accident and claims be settled for the sum of $50,000.00; 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 Jorge Agular, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $50,000.00, which includes $100.00 for the separate general release, in full settlement of any and all claims and dates of accident, alleged against the City, its officers, agents and employees, without admission of liability, excluding a claim for future medical benefits, 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, except as noted above, with funds allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 50001.301001.524000.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1 } City of Miand Page 1 of 2 File Id. 16-00022 (Version: 1) Printed On: 4/18/2018 File Number: 16-00022 Footnotes: EnactmentNnmber: R-16-0030 {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City. City of Miami Page 2 of 2 File Id. 16-00022 (Version: 1) Printed On: 4/18/2018