HomeMy WebLinkAboutR-18-0165opCity of Miami
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Legislation
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Resolution: R-18-0165
File Number: 3792
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/26/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF BERTHA LOZANO
SOTOAGUILAR, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440,
FLORIDA STATUTES, THE TOTAL SUM OF $125,000.00, 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, WITHOUT ADMISSION
OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND
INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE
CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND
EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS IN THE AMOUNT OF $124,900.00 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, Bertha Lozano Sotoaguilar has alleged various dates of accident in the
course and scope of her 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 $125,000.00, 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 authorized' to pay to and on behalf of Bertha
Lozano Sotoaguilar and her counsel, subject to the conditions imposed by Chapter 440, Florida
Statutes, the total sum of $125,000.00, 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, its officers,
agents, and employees, without admission of liability, 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 in the amount of $124,900.00 from Account No. 50001.301001.524000.0000.00000 and
' 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: 3792 (Revision: A) Printed On: 2/15/2019
File ID: 3792
Enactment Number: R-18-0165
funds in the amount of $100.00, for the separate general release, from Account No.
00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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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 2 of 2 File ID: 3792 (Revision: A) Printed on: 211512019