HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: September 28, 2017
RE: Proposed Settlement for City Commission Meeting — September 28, 2017
Infinity Assurance Insurance Company, a/s/o Siomir Borges vs. City of
Miami
Miami -Dade Circuit Court Case No.: 16-15849 CA 10
File No.: 2851
The attached proposed Resolution seeks authorization for settlement of all
claims for property damage against the City of Miami in the above -referenced case, in
the amount of $35,000.00.
This is action was brought by the attorney Leslie M. Goodman, Esq., on behalf of
Infinity Assurance Insurance Company, a/s/o Siomir Borges, for property damage
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 $35,000.00
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 Budget
Anna Medina, Agenda Coordinator
VM/BLM/RSO
City of Miami
Legislation
Resolution
Enactment Number: R-17-0453
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2851 Final Action Date:9/28/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY INFINITY ASSURANCE INSURANCE COMPANY A/S/O
SIOMIR BORGES WITHOUT ADMISSION OF LIABILITY THE TOTAL SUM OF
$35,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS FOR PROPERTY DAMAGES AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF INFINITY ASSURANCE
INSURANCE COMPANY, A/S/O SIOMIR BORGES VS. CITY OF MIAMI, IN THE
CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 16-15849 CA 10,
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, Infinity Assurance Insurance Company a/s/o Siomir Borges filed a claim for
property damages and a lawsuit against the City of Miami ("City") in the Circuit Court in and for
Miami -Dade County, Florida, Case No. 16-15849 CA 10; 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 $35,000.00;
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 Infinity Assurance Insurance
Company a/s/o Siomir Borges without admission of liability the sum of $35,000.00 in full and
complete settlement of any and all claims and demands against the City, its officers, agents,
and employees in the case of Infinity Assurance Insurance Company, a/s/o Siomir Borges vs.
City of Miami, in the Circuit Court in and for Miami -Dade County, Florida, Case No. 16-15849
CA 10, 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.
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 3. 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 9/1572017
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.