HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney l-/'f"!i f92
DATE: March 31, 2021
RE: April 8, 2021 Commission Meeting Agenda — Substitution of CA.6 -
Settlement - Bruce Powers
File No. 8772
Item CA.6 on the April 8, 2021 City Commission Agenda seeks authorization for
the City Manager to execute a Settlement Agreement in the case styled Bruce Powers vs.
City of Miami, et al., Case No. 19-CV-24498-MGC, pending in the United States District
Court Southern District of Florida. The item inadvertently published with a typographical
error in the title.
cc. Arthur Noriega, V, City Manager
Miriam Santana, Agenda Coordinator
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City of Miami
Legislation
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8772 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE DIRECTOR OF
FINANCE TO PAY BRUCE POWERS, THE PLAINTIFF, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF $99,999.00 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 (COLLECTIVELY, "CITY") IN THE CASE STYLED
BRUCE POWERS VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-CV-24498-
MGC, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Bruce Powers and the City of Miami are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 19-CV-24498-MGC, concerning
claims of use of excessive force and violation of civil rights; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit ti
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, aA --
amended, and recommends that said claims and lawsuit be settled for the lump sum Iaf`'
$99,999.00, including the claim for attorneys' fees;
cls`
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF 22.
MIAMI, FLORIDA:
�c3 O
Section 1. The recitals and findings contained in the Preamble to this Resolutiorarec)
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized' to execute a Settlement Agreement, in a
form acceptable to the City Attorney, and the Director of Finance is authorized' to pay Bruce
Powers, without admission of liability, the aggregate total sum of $99,999.00 for full and
complete settlement of any and all claims and demands, including his claim for attorneys' fees,
against the City of Miami, its agents, officers, and employees (collectively, "City") in the case
styled Bruce Powers vs. City of Miami, et al., Case No. 19-CV-24498-MGC, pending in the
United States District Court Southern District of Florida, upon the execution of general releases
of all claims and demands and a dismissal of the City with prejudice.
Section 3. Funds are allocated from Account No. 00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
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.
City of Miami Page 1 of 2 File ID: 8772 (Revision: A) Printed On: 3/31/2021
File ID: 8772 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
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230
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City of Miami Page 2 of 2 File ID: 8772 (Revision: A) Printed on: 3/31/2021
City of Miami
Legislation
11.0 .„1”
0 e
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8772 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND THE
DIRECTOR OF FINANCE TO PAY BRUCE POWERS, THE PLAINTIFF,
WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
$99,999.00 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 (COLLECTIVELY, "CITY") IN THE CASE STYLED BRUCE
POWERS VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-CV-
23940-UU, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL
CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, Bruce Powers and the City of Miami are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 19-CV-24498-MGC, concerning
claims of use of excessive force and violation of civil rights; 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
$99,999.00, including the claim for attorneys' fees; o A
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CIT 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. ma'
Section 2. The City Manager is authorized' to execute a Settlement Agreement; in o
form acceptable to the City Attorney, and the Director of Finance is authorized' to pay A'ruct-
Powers, without admission of liability, the aggregate total sum of $99,999.00 for full and
complete settlement of any and all claims and demands, including his claim for attorneys' fees,
against the City of Miami, its agents, officers, and employees (collectively, "City") in the case
styled Bruce Powers vs. City of Miami, et al., Case No. 19-CV-24498-MGC, pending in the
United States District Court Southern District of Florida, upon the execution of general releases
of all claims and demands and a dismissal of the City with prejudice.
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.
City of Miami Page 1 of 2 File ID: 8772 (Revision:) Printed On: 4/1/2021
File ID: 8772 Enactment Number:
Section 3. Funds are allocated from Account No. 00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity 3/25/2021
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City of Miami Page 2 of 2 File ID: 8772 (Revision:) Printed on: 4/1/2021