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: October 11, 2018
RE: Proposed Settlement for City Commission Meeting — October 11, 2018
Alin Nicolas Cowan Zayas v. City of Miami
Case No.: 16-013152 CA 01
File No: 4703
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City"), in the amount of $40,000.00.
This is action was brought by the Law Office of Jose A. Yanez and the Kaplan
Law Group, P.A. on behalf of Alin Nicolas Cowan Zayas 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. Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
VM/BLM/AF
Attachment(s)
File Number: 4703
City of Miami
Legislation
Resolution
Enactment Number: R-18-0432
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/11/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ALIN NICOLAS COWAN ZAYAS THE TOTAL SUM OF
$40,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF ALIN NICOLAS COWAN
ZAYAS V. CITY OF MIAMI, ET AL., PENDING IN THE CIRCUIT COURT IN AND FOR
MIAMI-DADE COUNTY, CASE NO. 16-013152 CA 01 (11), UPON THE EXECUTION
OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL
PREJUDICE; ALLOCATING SETTLEMENT FUNDS FROM ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, Alin Nicolas Cowan Zayas ("Plaintiff") filed a claim and a lawsuit against the
City of Miami ("City") in the Circuit Court in and for Miami -Dade County, Case No. 16-013152
CA 01 (11), arising from a personal injury claim; and
WHEREAS, the City Attorney's Office has investigated the claim and lawsuit pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended ("City
Code") and recommends that said claim and lawsuit be settled for the sum of $40,000.00;
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 the Plaintiff the total sum of
$40,000.00 in full and complete settlement of any and all claims and demands against the City,
its officers, agents, and employees in the case of Alin Nicolas Cowan Zayas v. the City of
Miami, et al., pending in the Circuit Court in and for Miami -Dade County, Case No. 16-013152
CA 01 (11), upon executing a general release of the City, its officers, agents, and employees
from any and all claims and demands with funds allocated from Account No.
50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
1 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.
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.
APPROVED AS TO FORM AND CORRECTNESS:
EJ1 t6 ria ' ndez,ity +r—e'y— 8/3112018