HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: October 25, 2018
RE: Proposed Settlement for City Commission Meeting — October 25, 2018
Donald Sweetbaum vs. City of Miami, Case No.: 17-24680-CIV-
ALTONAGA pending in the United States District Court, Southern District
of Florida, and Donald Sweetbaum vs. City of Miami, Case No.: 17-
025743-CA-01, pending in the Circuit Court in and for Miami -Dade
County.
File No.: 4704
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City") by the above claimant, in the amount of
$375,000.00.
The claims and actions were brought by the law firm Rasco Klock Perez Nieto,
on behalf of Donald Sweetbaum, for alleged violation of the Resource Conservation and
Recovery Act, Trespass, Negligence, Private Nuisance, Unjust Enrichment, alleged
violation of F.S. 373.313, Strict Liability and Injunctive Relief.
The Office of the City Attorney has investigated and evaluated these claims and
dates of accident and has approved the recommendation of this settlement. Funds in
the amount of $375,000.00 are available from Account No.
00001.980000.531010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
VM/BLM/HJH/vja
City of Miami
Legislation
Resolution
Enactment Number: R-18-0472
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4704 Final Action Date:10/25/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY OR THEIR RESPECTIVE DESIGNEES TO
EXECUTE A SETTLEMENT AGREEMENT ("AGREEMENT") IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND
ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASES STYLED SWEETBAUM
VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 17-24680-CIV-ALTONAGA
AND DONALD SWEETBAUM VS. CITY OF MIAMI, CASE NO.: 17-25743, PENDING
IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY; FURTHER
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DONALD SWEETBAUM,
WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
$375,000.00 TO THE PLAINTIFF UPON THE EXECUTION OF THE AGREEMENT
AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Donald Sweetbaum ("Sweetbaum") and the City of Miami ("City") are
engaged in litigation in the United States District Court for the Southern District of Florida, Case
No.: 17-24680-CIV-Altonaga and in Miami -Dade Circuit Court, Case No.: 17-25743, concerning
claims of contamination of real property with allegedly hazardous material; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuits
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuits be settled for the lump sum of
($375,000.00) including any claims for attorney's fees;
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 City Manager and City Attorney or their respective designees are
authorized' to execute a Settlement Agreement ("Agreement") with Sweetbaum for full and
complete settlement of any and all claims and demands including all claims for attorney's fees
against the City, its agents, officers, and employees in the cases styled as Sweetbaum vs. City
of Miami, pending in the United States District Court for the Southern District of Florida, Case
No. 17-24680-CIV-Altonaga and Sweetbaum v. City of Miami, Case No.: 17-25743, pending in
the Circuit Court in and for Miami -Dade County.
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. The Director of Finance is authorized to pay Sweetbaum, without admission
of liability, the aggregate total sum of $375,000.00 upon the execution of general releases of all
claims and demands and a dismissal of the City, with prejudice, from the lawsuits as stated
hering
Section 4. Funds are allocated from Account No. 00001.980000.531010.0000.00000.
Section 5. 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 9/27/2018
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.