HomeMy WebLinkAboutR-17-0047City of Miami
Legislation
Resolution R-17-0047
File Number: 1532
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/26/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PAYMENT OF $175,000.00 TO PAY JOCELYNNE ROSA, INDIVIDUALLY AND
ON BEHALF OF D.E., A MINOR, WITHOUT ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY
OF MIAMI ("CITY") IN THE CASE OF JOCELYNNE ROSA, INDIVIDUALLY, AND
ON BEHALF OF D.E., A MINOR V. CITY OF MIAMI, PENDING IN THE CIRCUIT
COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 10-043982
CA 01 (02), UPON THE DISMISSAL OF THE CITY WITH PREJUDICE,
ADOPTING THE PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING
THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE
CITY'S RIGHT TO INDEMNITY AGAINST THIRD PARTIES; ALLOCATING
SETTLEMENT FUNDS FROM ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, Jocelynne Rosa, individually and on behalf of D.E., a minor, filed claims and
a lawsuit against the City of Miami ("City") in the Eleventh Judicial Circuit Court in and for
Miami -Dade County, Case No. 10-043982 CA 01 (02), arising from a personal injury claim; and
WHEREAS, the City Attorney's Office has investigated the claims and lawsuit and
recommends that said claims and lawsuit be settled for the total sum of $175,000.00, and seeks
authorization to take any and all necessary actions, including the filing of a lawsuit, to preserve
its right to indemnity against third parties;
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 authorized' to pay Jocelynne Rosa, individually
and on behalf of D.E., a minor, without admission of liability, the aggregate total sum of
$175,000.00, in full and complete settlement of any and all claims and demands against the
City, in the case of Jocelynne Rosa, individually and on behalf of D.E., a minor v. City of Miami,
pending in the Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida, Case No.
10-043982 CA 01 (02), with funds allocated from Account No.
50001.301001.545013.0000.00000.
Section 3. The parties' settlement agreement is adopted and approved.
Section 4. The City Attorney's Office is authorized to take any and all actions, including
the filing of a lawsuit, necessary to preserve its right to indemnity against third parties.
' 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: 1532 (Revision:) Printed On: 5/9/2017
File ID: 1532
Enactment Number: R-17-0047
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' nd— eU T�ity Attor ey 1/13/2017
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: 1532 (Revision:) Printed on: 5/9/2017