HomeMy WebLinkAboutR-18-0432City of Miami
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Legislation
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Resolution: R-18-0432
File Number: 4703
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/11/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY ALIN NICOLAS COWAN ZAYAS THE TOTAL
SUM OF $40,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF
MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF ALIN
NICOLAS COWAN ZAYAS V. CITY OF MIAMI, ET AL., PENDING IN THE
CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 16-013152 CA
01 (11), UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS
AND DEMANDS AND A DISMISSAL PREJUDICE; ALLOCATING SETTLEMENT
FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000.
WHEREAS, Alin Nicolas Cowan Zayas ("Plaintiff") filed a claim and a lawsuit against the
City of Miami ("City") in the Circuit Court in and for Miami -Dade County, Case No. 16-013152
CA 01 (11), arising from a personal injury claim; and
WHEREAS, the City Attorney's Office has investigated the claim and lawsuit pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended ("City
Code") and recommends that said claim and lawsuit be settled for the sum of $40,000.00;
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 the Plaintiff the total sum of
$40,000.00 in full and complete settlement of any and all claims and demands against the City,
its officers, agents, and employees in the case of Alin Nicolas Cowan Zayas v. the City of
Miami, et al., pending in the Circuit Court in and for Miami -Dade County, Case No. 16-013152
CA 01 (11), upon executing a general release of the City, its officers, agents, and employees
from any and all claims and demands with funds allocated from Account No.
50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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.
2 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 Commission.
City of Miami Page 1 of 2 File ID: 4703 (Revision:) Printed On: 12/11/2018
File ID: 4703
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Cify Attor iey 8/3112018
Enactment Number: R-18-0432
City of Miami Page 2 of 2 File ID: 4703 (Revision:) Printed on: 12/11/2018