HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: October 13, 2022
RE: City Commission Meeting — October 13, 2022
Proposed Settlement — Rosa Ponce vs. City of Miami, pending in the
Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida
Case No.: 20-007358-CA
File No.: 12468
The proposed resolution seeks authorization for the settlement of the pending
lawsuit of Rosa Ponce against the City of Miami, in the amount of $165,000.00, in the
matter of Rosa Ponce vs. City of Miami, pending in the Eleventh Judicial Circuit Court in
and for Miami -Dade County, Florida.
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 General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-22-0385
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12468 Final Action Date:10/13/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ROSA PONCE, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF $165,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED ROSA PONCE VS. CITY OF MIAMI, PENDING
IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY
FLORIDA, CASE NO. 20-007358-CA, UPON THE EXECUTION OF A GENERAL
RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE
PENDING IN STATE COURT AND A DISMISSAL OF THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, on April 14, 2016, Rosa Ponce ("Ponce") was involved in an incident
involving a City of Miami Police vehicle that resulted in alleged personal injuries to Ponce; and
WHEREAS, Ponce and the City of Miami ("City"), are engaged in litigation in Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 20-007358-CA concerning
claims of for alleged personal injuries sustained related to a motor vehicle accident involving a
City of Miami Police vehicle; 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 total aggregate sum
of $165,000.00, including the claims for attorneys' 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 fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Ponce, without admission of
liability, the total sum of $165,000.00 in full and complete settlement of any and all claims and
demands, including all claims for attorneys' fees, against the City and its officers, agents, and
employees in the case styled Rose Ponce vs. City of Miami, pending in the Eleventh Judicial
Circuit Court in and for Miami -Dade County, Florida, Case No.: 20-007358-CA, upon the
execution of a general release of all claims and demands brought for alleged negligence and a
dismissal of the City and its officers, agents, and employees 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.
Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: