HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: December 14, 2017
RE: Proposed Settlement for City Commission Meeting — December 14, 2017
Juan Zamora Lamas vs. City of Miami
Court Case No.: 15-001815 CA 34
File No.: 3256
The attached proposed Resolution seeks authorization for settlement of all
claims for alleged against the City of Miami in the above -referenced case, in the amount
of $70,000.00.
This action was brought by the attorney Alana R. Weatherstone, Esq. of Gordon
and Doner, P.A. on behalf of by Juan Zamora Lamas for negligence.
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 $70,000.00
are available from Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management Budget
Anna Medina, Agenda Coordinator
VM/BLM/CG
City of Miami
Legislation
Resolution
Enactment Number: R-17-0587
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3256 Final Action Date:12/14/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO THE TRUST ACCOUNT
OF GORDON & DONER, P.A., ATTORNEYS FOR JUAN ZAMORA LAMAS ("LAMAS")
IN THE CASE OF JUAN ZAMORA LAMAS V. CITY OF MIAMI, PENDING IN THE
CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 15-001815 CA 34,
THE TOTAL SUM OF SEVENTY THOUSAND DOLLARS ($70,000.00) IN FULL
SETTLEMENT OF ALL CLAIMS ALLEGED AGAINST THE CITY OF MIAMI ("CITY")
WITHOUT ADMISSION OF LIABILITY UPON EXECUTING A RELEASE,
SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT OF THE
CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM
ANY AND ALL CLAIMS AND DEMANDS; FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE REVISIONS AND NON -SUBSTANTIVE AMENDMENTS TO
SUCH RELEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED
FOR SAID PURPOSE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545011.0000.00000.
WHEREAS, Juan Zamora Lamas ("Lamas") has alleged a negligence claim against the
City of Miami ("City") relating to a motor vehicle accident which occurred on December 27, 2013
with City Police Officer Brandon Lanier ("Lanier") while in the course and scope of Lanier's
employment; and
WHEREAS, the Office of the City Attorney has investigated these claims and
recommends settlement of all claims alleged against the City, without admission of liability, in
the case of Juan Zamora Lamas v. City of Miami, pending in the Circuit Court in and for Miami -
Dade County, Case No. 15-001815 CA 34, for the total sum of seventy thousand dollars
($70,000.00), upon executing a release, settlement, hold harmless, and indemnification
agreement of the City, its present and former officers, agents, and employees from any and all
claims and demands with funds to be allocated from Account No.
50001.301001.545011.0000.00000; and
WHEREAS, the City and Lamas have agreed to resolve, compromise, and settle all of
the above -mentioned disputes, claims, and controversies between them;
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 to the Trust Account of Gordon
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.
& Doner, P.A., attorneys for Lamas, the total sum of seventy thousand dollars ($70,000.00) in
full settlement of all claims alleged against the City in the case of Juan Zamora Lamas v. City of
Miami, pending in the Circuit Court in and for Miami -Dade County, Case No. 15-001815 CA 34,
without admission of liability, upon executing a release, settlement, hold harmless, and
indemnification agreement of the City, its present and former officers, agents, and employees
from any and all claims and demands.
Section 3. The City Manager is further authorized to make revisions and non -
substantive amendments to such release, in a form acceptable to the City Attorney, as needed
for said purpose.
Section 4. Funds are to be allocated from Account No.
50001.301001.545011.0000.00000.
Section 5. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 12/4/2017
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.