HomeMy WebLinkAboutR-19-0300City of Miami
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Resolution: R-19-0300
File Number: 6138
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY THE ESTATE OF ALEX FORTSON AND ITS
ATTORNEYS, ASNIS, SREBNICK & KAUFMAN, L.L.C., WITHOUT ADMISSION
OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED FIFTY
THOUSAND DOLLARS ($150,000.00) IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL
CLAIMS FOR ATTORNEYS FEES, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES, IN THE MATTER OF THE ESTATE
OF ALEX FORTSON ADV. CITY OF MIAMI, UPON THE EXECUTION OF
GENERAL RELEASES AS TO ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000.
WHEREAS, the Estate of Alex Fortson and the City of Miami ("City") have engaged in
extensive presuit discovery and negotiation concerning an alleged wrongful death claim; and
WHEREAS, the City Attorney's Office has investigated this claim pursuant to Sections
18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends
that said claim be settled for the lump sum of one hundred fifty thousand dollars ($150,000.00),
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 the Estate of Alex Fortson and
its attorneys, Asnis, Srebnick & Kaufman, L.L.C., without admission of liability, the aggregate
total sum of one hundred fifty thousand dollars ($150,000.00) 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 matter of the Estate of Alex Fortson adv. the City, upon
the execution of general releases of all claims and demands.
Section 3. Funds are 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: 6138 (Revision:) Printed On: 8/6/2019
File ID: 6138
Enactment Number: R-19-0300
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 6/27/2019
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: 6138 (Revision:) Printed on: 8/6/2019