HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: April 12, 2018
RE: City Commission Meeting — April 12, 2018
Settlement regarding the matter of: Emelia Torres and Daniel Bosch v.
City of Miami. Case No. 16-15894; and Shaquandra Taylor and Shemeka
McCoy v. City of Miami. Case. No. 16-29236
File No. 3912
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City") in the amount of $235,000.00. The above
referenced actions were brought by Emelia Torres, Daniel Bosch, Shaquandra Taylor
and Shemeka McCoy alleging that the City was negligent on August 11, 2015, causing
a three (3) vehicle collision involving a City Rescue Vehicle, a City Fire Truck, and a
private vehicle at the intersection of Northwest 12th Avenue and 14th Street, Miami,
Florida.
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. Emilio T. Gonzalez, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/HJH
City of Miami
Legislation
Resolution
Enactment Number: R-18-0134
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3912 Final Action Date:4/12/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF EMELIA TORRES ("TORRES"),
DANIEL BOSCH (`BOSCH"), SHAQUANDRA TAYLOR ("TAYLOR"), SHEMEKA
MCCOY ("MCCOY"), AND THEIR COUNSEL THE TOTAL SUM OF $235,000.00,
PAYABLE IN THE AMOUNTS OF $145,000.00 TO TORRES, $10,000.00 TO BOSCH,
$40,000.00 TO TAYLOR, AND $40,000.00 TO MCCOY, FOR THE EXECUTION OF
SEPARATE SETTLEMENT AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, SETTLING WITH THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS ARISING IN AND FROM THE CLAIMS AND LAWSUITS FILED IN MIAMI-
DADE COUNTY CIRCUIT COURT, CASE NO. 16-15894 CA 31 AND MIAMI-DADE
COUNTY CIRCUIT COURT, CASE NO. 16-29236 CA 31, WITHOUT ADMISSION OF
LIABILITY AND UPON EXECUTING SEPARATE RELEASE, HOLD HARMLESS, AND
INDEMNIFICATION AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AS NEEDED FOR SAID PURPOSE; ALLOCATING FUNDS FROM
ACCOUNT NO. 50001.301001.545011.0000.00000.
WHEREAS, Emelia Torres ("Torres"), Daniel Bosch ("Bosch"), Shaquandra Taylor
("Taylor"), and Shemeka McCoy ("McCoy") have alleged negligence claims against the City of
Miami ("City") relating to a three -vehicle collision involving a City Rescue Vehicle, a City Fire
Truck, and a private vehicle at the intersection of Northwest 12t" Avenue and 14th Street, Miami,
Florida on August 11, 2015; and
WHEREAS, the Office of the City Attorney has investigated the claims and recommends
that all claims be settled for the total sum of $235,000.00, payable to Torres in an amount not to
exceed $145,000.00, to Bosch in an amount not to exceed $10,000.00, to Taylor in an amount
not to exceed $40,000.00, and to McCoy in an amount not to exceed $40,000.00, for the
execution of separate settlement agreements, in a form acceptable to the City Attorney, settling
with the City, its present and former officers, agents, and employees, from all claims and
demands arising in and from the claims and lawsuits filed in Miami -Dade County Circuit Court,
Case No. 16-15894 CA 31 and Miami -Dade County Circuit Court, Case No. 16-29236 CA 31,
without admission of liability and upon executing separate release, hold harmless, and
indemnification agreements, in a form acceptable to the City Attorney, as needed for said
purpose; and
WHEREAS, the City and Torres, Bosch, Taylor, and McCoy 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 and on behalf of Torres,
Bosch, Taylor, McCoy, and their counsel the total sum of $235,000.00, payable in the amounts
of $145,000.00 to Torres, $10,000.00 to Bosch, $40,000.00 to Taylor, and $40,000.00 to
McCoy, for the execution of separate settlement agreements, in a form acceptable to the City
Attorney, settling with the City, its present and former officers, agents, and employees, from any
and all claims and demands arising in and from the claims and lawsuits filed in Miami -Dade
County Circuit Court, Case No. 16-15894 CA 31 and Miami -Dade County Circuit Court, Case
No. 16-29236 CA 31, without admission of liability and upon executing separate release, hold
harmless, and indemnification agreements, in a form acceptable to the City Attorney, as needed
for said purpose.
Section 3. Funds are to be allocated from Account No.
50001.301001.545011.0000.00000.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 3/29/2018
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.