HomeMy WebLinkAboutR-18-0566City of Miami
Resolution R-18-0566
Legislation
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
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.
City of Miami Page 1 of 2 File ID: 5236 (Revision:) Printed On: 4/7/2025
File ID: 5236 Enactment Number: R-18-0566
defendants, with prejudice, with funds allocated from Account No.
00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 12/4/2018
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.
City of Miami Page 2 of 2 File ID: 5236 (Revision:) Printed on: 4/7/2025