HomeMy WebLinkAboutMemorandum
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 25, 2019
RE: Proposed Settlement - City Commission Meeting - July 11, 2019
Estate of Alex Fortson adv. City of Miami
File No.: 6138
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, in the amount of one hundred fifty thousand dollars
($150,000.00).
This action was brought by the law firm of Asnis, Srebnick & Kaufman, L.L.C. on
behalf of the Estate of Alex Fortson for alleged negligence resulting in alleged wrongful
death by City of Miami Fire-Rescue employees relating to an emergency call.
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. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/HJH/vja
City of Miami
City Hall
3500 Pan American Drive
Legislation
Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-19-0300
File Number: 6138Final Action Date:7/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY THE ESTATE OF ALEX FORTSON AND ITS ATTORNEYS,
ASNIS, SREBNICK & KAUFMAN, L.L.C., WITHOUT ADMISSION OF LIABILITY, THE
AGGREGATE TOTAL SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS FEES, AGAINST THE
CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE MATTER
OF THE ESTATE OF ALEX FORTSON ADV. CITY OF MIAMI, UPON THE
EXECUTION OF GENERAL RELEASES AS TO ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000.
extensive presuit discovery and negotiation concerning an alleged wrongful death claim; and
WHEREAS, the City Attorney's Office has investigated this claim pursuant to Sections
18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends
that said claim be settled for the lump sum of one hundred fifty thousand dollars ($150,000.00),
including any claims for attorneysfees;
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.
1
Section 2. The Director of Finance is authorizedto pay the Estate of Alex Fortson and
its attorneys, Asnis, Srebnick & Kaufman, L.L.C., without admission of liability, the aggregate
total sum of one hundred fifty thousand dollars ($150,000.00) for full and complete settlement of
any and all claims and demands, including any claims for attorneysfees, against the City, its
agents, officers,and employees,in the matter of the Estate of Alex Fortson adv. the City,upon
the execution of general releases of all claims and demands.
Section 3. Funds are allocated from Account No. 50001.301001.545011.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption and
2
signature of the Mayor.
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.
APPROVED AS TO FORM AND CORRECTNESS: