HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 27, 2017
RE: Proposed Settlement for City Commission Meeting — July 27, 2017
Jewell Hayles vs. City of Miami, Case No. 2015-11300 CA 34, pending in
the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida
File No.: 2663
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City") in the amount of seventy-five thousand dollars
($75,000.00).
This action was brought by Curt Obront, Esq. of the law firm Obront Corey,
PLLC, on behalf of Jewell Hayles alleging negligence in a motor vehicle accident
involving a City police officer.
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 Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/JTM
City of Miami
Legislation
Resolution
Enactment Number: R-17-0367
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2663 Final Action Date:7/27/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JEWELL HAYLES THE TOTAL SUM OF $75,000.00, WITHOUT
ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AGAINST THE CITY OF MIAMI IN THE CASE OF JEWELL HAYLES VS.
CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE
COUNTY, CASE NO. 2015-11300 CA 34, UPON THE EXECUTION OF A GENERAL
RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE
DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545011.0000.00000.
WHEREAS, Jewell Hayles filed a claim and a lawsuit against the City of Miami ("City") in
the Circuit Court in and for Miami -Dade County, Case No. 2015-11300 CA 34; and
WHEREAS, the City Attorney's Office has investigated the 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 seventy-five thousand dollars
($75,000.00);
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 fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Jewell Hayles the total sum of
seventy-five thousand dollars ($75,000.00) in full and complete settlement of any and all claims
and demands against the City in the case of Jewell Hayles vs. City of Miami, pending in the
Circuit Court in and for Miami -Dade County, Case No. 2015-11300 CA 34, upon executing a
general release of the City, its officers, agents, and employees, from any and all claims and
demands, with funds allocated from Account No. 50001.301001.545011.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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.
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.
APPROVED AS TO FORM AND CORRECTNESS: