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HomeMy WebLinkAboutR-19-0246City of Miami q Legislation Resolution: R-19-0246 File Number: 5943 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/27/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY YALAMI MEDEROS AND HER ATTORNEYS, SCHWED ADAMS SOBEL & MCGINLEY, P.A., WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF FIFTY THOUSAND DOLLARS ($50,000.00), IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE CASE STYLED YALAMI MEDEROS VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 11-2820 CA 31, UPON THE EXECUTION OF GENERAL RELEASES AND SATISFACTIONS OF JUDGMENT, AS TO ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. WHEREAS, Yalami Mederos ("Mederos") and the City of Miami ("City") are engaged in litigation in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 11-2820 CA 31, concerning a negligence claim; and WHEREAS, the City Attorney's Office has investigated the claims and lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims and lawsuit be settled for the lump sum of fifty thousand dollars ($50,000.00), including any claims for attorneys' fees; 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 Mederos and her attorneys, Schwed Adams Sobel & McGinley, P.A., without admission of liability, the aggregate total sum of fifty thousand dollars ($50,000.00), for full and complete settlement of any and all claims and demands, including any claims for attorneys' fees, against the City, its agents, officers, and employees, in the case styled Yalami Mederos vs. City of Miami, pending in the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 11-2820 CA 31, upon the execution of general releases of all claims and demands, satisfactions of judgment, and a dismissal of the City and all individual City employee defendants, with prejudice, with funds allocated from Account No. 50001.301001.545011.0000.00000. 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: 5943 (Revision:) Printed On: 7/10/2019 File ID: 5943 Enactment Number: R-19-0246 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, City Attor iey 6/4/2019 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: 5943 (Revision:) Printed on: 711012019