HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: October 22, 2020
RE: City Commission Meeting — October 22, 2020
Proposed settlement — City of Miami v. Morris & Mcdaniel, Inc. and Executive
Risk Indemnity Inc., pending in the Circuit Court for the Eleventh Judicial Circuit
in and for Miami -Dade County, Florida, Case No. 1998-7760-CA-27
File No. 7844
The proposed resolution seeks authorization to settle the claims presented by the City of
Miami, as third party plaintiff, against Morris & McDaniel, Inc. and Executive Risk Indemnity Inc.,
in the amount of $850,000.00, in the matter of City of Miami v. Morris & McDaniel, Inc. and
Executive Risk Indemnity Inc. in the Circuit Court for the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 1998-7760-CA-27.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/KRJ/vja
City of Miami
Legislation
Resolution
Enactment Number: R-20-0342
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7844 Final Action Date:10/22/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO ACCEPT AN OFFER TO SETTLE AND EXECUTE ANY AND ALL
SETTLEMENT DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, WITHOUT ADMISSION OF LIABILITY, IN SETTLEMENT OF THE
CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AS
MORE SPECIFICALLY DETAILED IN THE SETTLEMENT AGREEMENT, WITH
MORRIS & MCDANIEL, INC., EXECUTIVE RISK INDEMNITY, INC., THEIR
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED THE CITY OF
MIAMI V. MORRIS & MCDANIEL, INC. AND EXECUTIVE RISK INDEMNITY, INC.,
PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 1998-7760-CA-27.
WHEREAS, in 1998, the City of Miami ("City") commenced a third -party claim against
Morris & McDaniel, Inc. ("Morris") and Executive Risk Indemnity, Inc. (collectively, "Defendants")
in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case
No. 1998-7760-CA-27; and
WHEREAS, the litigation arises out of a promotional examination administered by the
City in 1994 wherein certain named plaintiffs sued the City alleging that the examination was
flawed and failed to comply with the civil service rules; and
WHEREAS, in connection with that claim, the City sued Morris and Executive Risk
Indemnity, Inc. as a third -party plaintiff because Morris created the promotional examination;
and
WHEREAS, the Defendants have offered to resolve the City's claims by paying the City
$850,000.00; and
WHEREAS, pursuant to Section 35.255 of the Code of the City of Miami, Florida, as
amended ("City Code"), the provisions of Section 35.254(a) of the City Code related to the
Transportation Trust Fund shall not apply; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit and
recommends that said claim and lawsuit be settled for the terms summarized above and as
memorialized in a written settlement agreement;
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 is authorized to negotiate and execute any and all
settlement documents, all in forms acceptable to the City Attorney, without admission of liability,
for settlement of the City's claims against the Defendants, their agents, officers, and employees
in the case styled City of Miami v. Morris & McDaniel, Inc. and Executive Risk Indemnity, Inc.,
pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No. 1998-7760-CA-27.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
10/8/2020
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.