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: February 11, 2021
RE: City Commission — February 11, 2021
Proposed Settlement — Pia Allikivi vs. City of Miami, pending in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida
Case No.: 19-15518 CA 21
File No.: 8551
The proposed resolution seeks authorization to settle the claims presented
against the City of Miami in the amount of $65,000.00, in the matter of Pia Allikivi vs.
City of Miami, pending in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 19-15518 CA 21, with funds to be allocated from
50001.301001.545013.0000.00000.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/JTM/vja
City of Miami
Legislation
Resolution
Enactment Number: R-21-0063
File Number: 8551
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:2/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF
FINANCE TO PAY PIA ALLIKIVI, WITHOUT ADMISSION OF LIABILITY, THE
AGGREGATE TOTAL SUM OF SIXTY FIVE THOUSAND DOLLARS ($65,000.00) 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 (COLLECTIVELY, "CITY") IN THE
CASE STYLED PIA ALLIKIVI VS. CITY OF MIAMI, PENDING IN THE CIRCUIT
COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO.: 19-15518 CA 21, UPON THE EXECUTION OF A
GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR
NEGLIGENCE AND PENDING IN STATE COURT, AND A DISMISSAL OF THE CITY
WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, Pia Allikivi 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.:
19-15518 CA 21 concerning a claim of negligence; and
WHEREAS, the City Attorney's Office has investigated the claim 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 claim and lawsuit be settled for the lump sum of sixty five
thousand dollars ($65,000.00), including the 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 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 the Director of Finance is authorized' to pay Pia
Allikivi, without admission of liability, the aggregate total sum of sixty five thousand dollars
($65,000.00) for full and complete settlement of any and all claims and demands, including her
claim for attorneyss fees, against the City, its agents, officers, and employees in the case styled
Pia Allikivi vs. City of Miami, pending in Miami -Dade Circuit Court, Case No.: 19-15518 CA 21,
upon the execution of general releases of all claims and demands brought for negligence and
pending in state court and a dismissal of the City, its agents, officers, and employees, with
prejudice, with funds allocated from Account No. 50001.301001.545013.0000.00000.
' 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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ria i dez, ity ttor �ey 2/2/202.1
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.