HomeMy WebLinkAboutR-16-0205City of Miami
Legislation
Resolution: R-16-0205
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00150 Final Action Date: 4/28/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PAYMENT IN
THE AMOUNT OF $55,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI ("CITY"), WITHOUT ADMISSION OF LIABILITY, IN THE CASE
OF WENDI META SMALLS V. CITY OF MIAMI, PENDING IN THE ELEVENTH
JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO. 12-27324 CA 01, UPON THE DISMISSAL OF THE CITY WITH PREJUDICE,
ADOPTING THE PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING THE
CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S
RIGHT TO INDEMNITY AGAINST THIRD PARTIES; ALLOCATING SETTLEMENT
FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Wendi Meta Smalls filed claims and a lawsuit against the City of Miami ("City") in the
Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida, Case No. 12-27324 CA 01,
arising from a personal injury claim; and
WHEREAS, the City, through the City Attorney's Office, entered into a settlement agreement
subject to final approval by the City Commission; and
WHEREAS, the City Attorney's Office has investigated the claims and lawsuit, and recommends
that said claims and lawsuit be settled for the total sum of $55,000.00, and seeks authorization to
take any and all necessary actions, including the filing of a lawsuit, to preserve its right to indemnity
against third parties;
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. Payment in the amount of $55,000.00, in full and complete settlement of any and all
claims and demands against the City, without admission of liability, in the case of Wendi Meta Smalls
v. City of Miami, pending in the Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida,
Case No. 12-27324 CA 01, upon the dismissal of the City with prejudice, adopting the parties'
settlement agreement, and authorizing the City Attorney to take any and all actions to preserve the
City's right to indemnity against third parties; allocating settlement funds from account no.
50001.301001.545010.0000.00000, is authorized.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami
Page 1 of 2 File Id: 16-00150 (Version: 11 Printed On: 5/3/2018
File Number: 16-00150 Enactment Number: R-16-0205
Footnotes:
{1} 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: 16-00150 (Version: 11 Printed On: 5/3/2018