HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: January 11, 2018
RE: Proposed Settlement for City Commission Meeting — January 11, 2018
Martin Delloca vs. City of Miami, et al. in the Circuit Court in and for
Miami -Dade County, Florida
Case No.: 14-032567 CA 01
File No.: 3295
The attached proposed Resolution seeks authorization for settlement of all
claims for bodily injury and property damage against the City of Miami, et al. in the
above -referenced case, in the amount of $117,500.00.
This is action was brought by the attorney Lee Marks, Esq., on behalf of Martin
Delloca, for bodily injury and 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 $117,500.00
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/AF
City of Miami
Legislation
Resolution
Enactment Number: R-18-0016
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3295 Final Action Date:1/11/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MARTIN DELLOCA, WITHOUT ADMISSION OF LIABILITY,
THE TOTAL SUM OF $117,500.00 IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS FOR BODILY INJURY AND PROPERTY
DAMAGES AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE OF MARTIN DELLOCA VS. CITY OF MIAMI, ET AL., IN
THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.
2014-032567 CA 01, 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. 50001.301001.545011.0000.00000.
WHEREAS, Martin Delloca filed a claim for bodily injury and property damages and a
lawsuit against the City of Miami ("City") and Gallagher Bassett Services in the Circuit Court in
and for Miami -Dade County, Florida, Case No. 14-032567 CA 01; 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 $117,500.00;
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 Martin Delloca without
admission of liability the sum of $117,500.00 in full and complete settlement of any and all
claims and demands against the City, its officers, agents, and employees in the case of Martin
Delloca vs. City of Miami, et al., in the Circuit Court in and for Miami -Dade County, Florida,
Case No. 14-032567 CA 01, 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. 50001.301001.545011.0000.00000.
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: