HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: April 27, 2017
RE: Proposed Settlement for City Commission Meeting — April 27, 2017
Ana Huerta v. City of Miami
Case No.: 15-02078 CA 30
File No. 2051
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami in the above -referenced case in the amount of ninety
thousand dollars ($90,000.00).
This is action was brought by the attorney Todd D. Rosen, Esq., on behalf of Ana
Huerta, for injuries Ms. Huerta sustained in a motor vehicle accident.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of ninety
thousand dollars ($90,000.00) are available from Account No.
50001.301001.545010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/RO
City of Miami
Legislation
Resolution
Enactment Number: R-17-0193
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2051 Final Action Date:4/27/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ANA HUERTA, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF NINETY THOUSAND DOLLARS ($90,000.00) IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF
ANA HUERTA V. CITY OF MIAMI, CASE NO. 15-02078 CA 30, IN THE CIRCUIT
COURT IN AND FOR MIAMI-DADE COUNTY, UPON EXECUTING A GENERAL
RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Ana Huerta filed a claim and a lawsuit against the City of Miami ("City") in
the Circuit Court in and for Miami -Dade County, Florida, Case No. 15-02078 CA 30; and
WHEREAS, the Office of the City Attorney has investigated this 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 sum of ninety
thousand dollars ($90,000.00);
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 authorized to pay Ana Huerta, without admission
of liability, the sum of ninety thousand dollars ($90,000.00) in full and complete settlement of
any and all claims and demands against the City, its officers, agents and employees, in the case
of Ana Huerta v. City of Miami, Case No. 15-02078 CA 30, in the Circuit Court in and for Miami -
Dade County, Florida, upon executing a general release of the City, its present and former
officers, agents, and employees from any and all claims and demands, with funds allocated
from Account No. 50001.301001.545010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
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.
APPROVED AS TO FORM AND CORRECTNESS: