HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: May 11, 2017
RE: Proposed Settlement for City Commission Meeting — May 11, 2017
Siomir Borges vs. City of Miami
Miami -Dade Circuit Court Case No.: 13-37420 CA 08
File No. 2157
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami in the above -referenced case, in the amount of forty-
seven thousand dollars ($47,000.00).
This action was brought by attorney Robert C. Solomon, Esq., on behalf of
Siomir Borges, for injuries Mr. Borges sustained in a motor vehicle accident.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of forty-seven
thousand dollars ($47,000.00) are available from Account No.
50001.301001.545010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/RO
File Number: 2157
City of Miami
Legislation
Resolution
Enactment Number: R-17-0220
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:5/11/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY SIOMIR BORGES, WITHOUT ADMISSION OF LIABILITY, THE
TOTAL SUM OF FORTY-SEVEN THOUSAND DOLLARS ($47,000.00) IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF
SIOMIR BORGES V. CITY OF MIAMI, CASE NO. 13-37420 CA 08, IN THE CIRCUIT
COURT IN AND FOR MIAMI-DADE COUNTY, UPON EXECUTING A GENERAL
RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS FROM THE ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Siomir Borges filed a claim and a lawsuit against the City of Miami ("City") in
the Circuit Court in and for Miami -Dade County, Florida, Case No. 13-37420 CA 08; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claim and lawsuit be settled for the sum of forty-seven
thousand dollars ($47,000.00);
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 Siomir Borges without admission
of liability, the sum of forty-seven thousand dollars ($47,000.00) in full and complete settlement
of any and all claims and demands against the City, its officers, agents, and employees, in the
case of Siomir Borges v. City of Miami, Case No. 13-37420 CA 08 in the Circuit Court in and for
Miami -Dade County, Florida, upon executing a general release of the City, its present and
former officers, agents, and employees from any and all claims and demands, with funds
allocated from Account No. 50001.301001.545010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
' 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.
APPROVED AS TO FORM AND CORRECTNESS:
ria ' ndez,ity ttor ey 5/1/2017