HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: November 15, 2018
RE: Proposed Settlement for City Commission Meeting — November 15, 2018
Millie Munoz as Personal representative of Javier Munoz vs. City of Miami,
pending in the Circuit Court in and for Miami -Dade County.
Case No.: 17-15223 CA 15
File No.: 4741
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
$125,000.00.
The claims and actions were brought by the law firm of Joseph I Lipsky, P.A., on
behalf of Millie Munoz, as Personal Representative of Javier Munoz, for alleged
negligence leading to wrongful death.
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 $125,000.00 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-18-0491
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4741 Final Action Date:11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MILLIE MUNOZ, AS PERSONAL REPRESENTATIVE OF
JAVIER MUNOZ, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL
SUM OF $125,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES,
AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN
THE CASE STYLED MILLIE MUNOZ AS PERSONAL REPRESENTATIVE OF JAVIER
MUNOZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR
MIAMI-DADE COUNTY, CASE NO. 17-15223 CA 15, UPON THE EXECUTION OF A
SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Millie Munoz, as Personal Representative of Javier Munoz, and the City of
Miami ("City") are engaged in litigation in Miami -Dade Circuit Court Case No. 17-15223 CA 15
concerning a claim of negligence resulting in wrongful death; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
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 lawsuit be settled for the lump sum of one
hundred twenty-five thousand dollars ($125,000.00) including a claim 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 fully set forth in this Section.
Section 2. The City Manager or his designee is authorized' to execute a Settlement
Agreement, in a form acceptable to the City Attorney, and the Director of Finance is authorized
to pay Millie Munoz, as Personal Representative of Javier Munoz, without admission of liability,
the aggregate total sum of one hundred twenty-five thousand dollars ($125,000.00) for full and
complete settlement of any and all claims and demands, including a claim for attorney's fees,
against the City, its agents, officers, and employees in the case styled as Millie Munoz as
Personal Representative of Javier Munoz v. City of Miami, Case No. 17-15223 CA 15, pending
in the Circuit Court in and for Miami -Dade County, upon the execution of general releases of all
claims and demands and a dismissal of the City, with prejudice, with funds allocated from
Account No. 00001.980000.531010.0000.00000.
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 11/272018
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.