HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: January 14, 2021
RE: City Commission Meeting — January 14, 2021
Proposed settlement — Briana Cook and Sabrina Braxton vs. City of Miami,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida
Case No.: 16-31552
File No. 8385
The proposed resolution seeks authorization to settle the claims presented against the
City of Miami in the amount of $50,000.00, in the matter of Briana White and Sabrina Braxton
vs. City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No. 16-31552.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/HJH/vja
4:: Y City of Miami City Hall
Y
3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-21-0011
File Number: 8385 Final Action Date:1/14/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO PAY BRIANA
COOK AND SABRINA BRAXTON, WITHOUT ADMISSION OF LIABILITY, THE
AGGREGATE TOTAL SUM OF $50,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS' FEES,
AGAINST, THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED BRIANA COOK, ET AL. VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 16-31552, UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A
DISMISSAL OF THE CITY AND ITS OFFICERS AND EMPLOYEES WITH
PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
0000 1. 980000.531010. 0000. 00000.
WHEREAS, Briana White, Sabrina Braxton, and the City of Miami ("City") are engaged
in litigation in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No.: 16-31552 concerning a claim of alleged negligence; 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, and
recommends that said claim and lawsuit be settled for the lump sum of fifty thousand dollars
($50,000.00), inclusive of 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 fully set forth in this Section.
Section 2. The City Manager is authorized' to execute a Settlement Agreement, in a
form acceptable to the City Attorney, and to pay Briana White and Sabrina Braxton, 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 claims for attorneys' fees,
against the City, its agents, officers, and employees in the case styled Briana White, et al. vs.
City of Miami pending in Miami -Dade Circuit Court, Case No.: 16-31552, upon the execution of
general releases of all claims and demands brought for negligence and a dismissal of the City,
its agents, officers, and employees with prejudice with funds allocated from Account No.
00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
1
jina 4MHez, City Attor ey 12/22/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.