HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: January 26, 2017
RE: Proposed Settlement for City Commission Meeting — January 26, 2017
Jocelynne Rosa, individually, and on behalf of D.E., a minor, v. City of
Miami
Case No. 10-043982 CA 01 (02)
File No. 1532
The attached proposed Resolution seeks authorization for settlement of all claims
against the City of Miami in the total amount of $175,000.00.
This action was brought by Manuel Vega, Esq., of the law firm of Law Offices of Manuel
Vega, Jr., P.A., on behalf of Jocelynne Rosa, individually, and on behalf of D.E., a minor, for
personal injuries.
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
Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
11 : 11 7 - ■
City of Miami City Hall
W Y" 3500 Pan American Drive
Legislation Miami, FL 33133
N, www.miamigov.com
Resolution
Enactment Number: R-17-0047
File Number: 1532 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.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, Cify 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.