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: June 27, 2019 (�
RE: Proposed Settlement for City Commission Meeting — June 27, 2019
Yalami Mederos vs. City of Miami, Case No.: 11-2820 CA 31, pending in
the Circuit Court of the 11 t" Judicial Circuit in and for Miami -Dade County,
Florida
File No.: 5943
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, in the amount of fifty thousand dollars ($50,000.00).
This action was brought by the law firm of Schwed Adams Sobel & McGinley,
P.A. on behalf of Yalami Mederos for alleged negligence by a City of Miami police
employee involved 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 above amount will be
paid from the Account No. 50001.301001.545011.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Christopher M. Rose, Budget Director
Miriam Arcia, Agenda Coordinator
VM/BLM/JTM/vja
File Number: 5943
City of Miami
Legislation
Resolution
Enactment Number: R-19-0246
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:6/27/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY YALAMI MEDEROS AND HER ATTORNEYS, SCHWED
ADAMS SOBEL & MCGINLEY, P.A., WITHOUT ADMISSION OF LIABILITY, THE
AGGREGATE TOTAL SUM OF FIFTY THOUSAND DOLLARS ($50,000.00), IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI
AND ITS OFFICERS, AGENTS, AND EMPLOYEES, IN THE CASE STYLED YALAMI
MEDEROS VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 11-2820 CA 31, UPON THE EXECUTION OF GENERAL RELEASES AND
SATISFACTIONS OF JUDGMENT, AS TO ALL CLAIMS AND DEMANDS AND A
DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS
FROM ACCOUNT NO. 50001.301001.545011.0000.00000.
WHEREAS, Yalami Mederos ("Mederos") and the City of Miami ("City") are engaged in
litigation in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County,
Florida, Case No. 11-2820 CA 31, concerning a negligence claim; and
WHEREAS, the City Attorney's Office has investigated the claims 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 claims and lawsuit be settled for the lump sum of fifty thousand dollars
($50,000.00), including any 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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Mederos and her attorneys,
Schwed Adams Sobel & McGinley, P.A., without admission of liability, the aggregate total sum
of fifty thousand dollars ($50,000.00), for full and complete settlement of any and all claims and
demands, including any claims for attorneys' fees, against the City, its agents, officers, and
employees, in the case styled Yalami Mederos vs. City of Miami, pending in the Eleventh
Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 11-2820 CA 31, upon the
execution of general releases of all claims and demands, satisfactions of judgment, and a
dismissal of the City and all individual City employee defendants, with prejudice, with funds
allocated from Account No. 50001.301001.545011.0000.00000.
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 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 6/412019
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.