HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: November 17, 2016
RE: Proposed Settlement - City Commission Agenda
DBI Services, LLC, on behalf of FDOT
File No.: 1325
The attached proposed Resolution seeks authorization for settlement of all claims against the
City of Miami ("City") and Kaseem Smith, in the amount of one hundred sixteen thousand forty-
five dollars and twenty cents ($116,045.20).
This claim was brought by DBI Services, LLC arising out of a motor vehicle accident on
February 15, 2016 on Interstate 95 in Miami, Florida. DBI Services, LLC, on behalf of FDOT,
seeks reimbursement of the cost to repair the roadway.
The Office of the City Attorney has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the above amount will be paid from the Internal
Service Fund from Account No. 00001.980000.531010.0000.00000.
Attachment(s)
cc. Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/VLM/JAG
City of Miami
Legislation
Resolution
Enactment Number: R-16-0540
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1325 Final Action Date:11/17/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY DBI SERVICES, LLC, ON BEHALF OF FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT"), WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED SIXTEEN
THOUSAND FORTY-FIVE DOLLARS AND TWENTY CENTS ($116,045.20) IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI
AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND KASEEM SMITH, ARISING
OUT OF AN ACCIDENT ON FEBRUARY 15, 2016, UPON THE EXECUTION OF
GENERAL RELEASES OF ALL CLAIMS AND DEMANDS BY FDOT AND DBI
SERVICES, LLC; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, DBI Services, LLC has asserted a claim for damages against the City of
Miami ("City") arising out of an accident on February 15, 2016 on Interstate 95 in Miami, Florida;
and
WHEREAS, the City Attorney's Office has investigated the claim and, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
recommends that said claim be settled for the lump sum of one hundred sixteen thousand forty-
five dollars and twenty cents ($116,045.20), including any claim 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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized1 to pay DBI Services, LLC, without
admission of liability, the aggregate total sum of one hundred sixteen thousand forty-five dollars
and twenty cents ($116,045.20), in full and complete settlement of any and all claims and
demands, including all claims for attorney's fees, against the City and its officers, agents and
employees, and Kaseem Smith, arising out of the accident on February 15, 2016, upon the
execution of general release by DBI Services, LLC, and Florida Department of Transportation of
all claims and demands against the City and its officers, agents and employees, and Kaseem
Smith.
Section 3. Funds to be allocated from Account No. 00001.980000.531010.0000.00000.
1 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.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 11/7/2016
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.