HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: December 13, 2018
RE: Proposed Settlement for City Commission Meeting — December 13, 2018
Taiwan Smart vs. City of Miami, Case No.: 13-24354-CIV-MGC, pending
in the United States District Court, Southern District of Florida
File No.: 5236
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, in the amount of one million three hundred thousand
dollars ($1,300,000.00).
This is action was brought by the law firm Rasco Klock Perez & Nieto, P.L. on
behalf Taiwan Smart for an alleged false imprisonment and civil rights violations.
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 the 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-18-0566
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5236 Final Action Date:12/13/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TAIWAN SMART AND HIS ATTORNEYS, RASCO KLOCK
PEREZ & NIETO, P.L., WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE
TOTAL SUM OF ON MILLION THREE HUNDRED THOUSAND DOLLARS
($1,300,000.00), 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 TAIWAN SMART VS. CITY OF MIAMI, PENDING IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 13-24354-CIV-
MGC, UPON THE EXECUTION OF GENERAL RELEASES AND SATISFACTIONS OF
JUDGMENT AS TO 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, Taiwan Smart and the City of Miami ("City") are engaged in litigation in the
United States District Court Southern District of Florida, Case No.: 13-24354-CIV-MGC,
concerning a false imprisonment and civil rights claim; 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
million three hundred thousand dollars ($1,300,000.00), including the 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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized1 to pay, without admission of liability,
the aggregate total sum of one million three hundred thousand dollars ($1,300,000.00) for full
and complete settlement of any and all claims and demands and, including his claim for
attorney's fees, against the City, its agents, officers and employees, in the case styled Taiwan
Smart vs. City of Miami, pending in the United States District Court Southern District of Florida,
Case No. 13-24354-CIV-MGC, upon the execution of general releases of all claims and
demands, satisfaction of judgment and a dismissal of the City and all individual City employee
defendants, 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 12/472018
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.