HomeMy WebLinkAboutR-21-0035City of Miami
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Legislation
Resolution: R-21-0035
File Number: 8359
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO PAY
MELISSA LOPEZ, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE
TOTAL SUM OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST
THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED MELISSA LOPEZ VS. CITY OF MIAMI,
ET AL., PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN
DISTRICT OF FLORIDA, CASE NO.: 20-CV-21387-JEM, UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS
AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT
NO. 00001.980000.531010.0000.00000.
WHEREAS, Melissa Lopez and the City of Miami are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 20-CV-21387-JEM concerning a
claim of use of excessive force and a violation of civil rights; and
WHEREAS, the City Attorney's Office has investigated these claims and the 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 one
hundred thousand dollars ($100,000.00) including the claims for attorney's 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 Melissa Lopez, without admission of liability,
the aggregate total sum of one hundred thousand dollars ($100,000.00) for full and complete
settlement of any and all claims and demands, including any claim for attorney's fees, against
the City of Miami ("City"), its agents, officers, and employees in the cases styled as Melissa
Lopez vs. City of Miami, et al., pending in the United States District Court Southern District of
Florida, Case No. 20-CV-21387-JEM, upon the execution of general releases of all claims and
demands brought and a dismissal of the City and its officers, agents, and employees with
prejudice with funds allocated from Account No. 00001.980000.531010.0000.00000.
1 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.
City of Miami Page 1 of 2 File ID: 8359 (Revision:) Printed On: 21812021
File ID: 8359
Enactment Number: R-21-0035
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1 "-V4, r-� -,L�'
ria i dez,'City Attor iey 12/24/2020
City of Miami Page 2 of 2 File ID: 8359 (Revision:) Printed on: 21812021