R10A-City Attorneys Status ReportMIAMI BEACH
Crty of iliomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: RaulAguila, City Attorney
DATE: February 11,2015
sUBJECT: city Attorney's Status neporqQt (": [-
LAWSU]TS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
2.
vs Cata R.Case No. 14-
30487 CA 23 (Circuit
County, Florida)
Court - 11 Judicial Circuit and for Miami-Dade
This is an action to foreclose a mortgage on real property located 733 85th
Street, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on January 6, 2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 12,2015.
Marcia Chappell v. Citv of Miami Beach. Case # 14-030938 CA 01 (Circuit Court -
11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on January 8,2015 alleging that on May 17,
2014, the plaintiff, Marcia Chappell, was using the bathroom at the North Shore Open
Space Park at Collins Avenue and 81 Street, Miami Beach, Florida when the
bathroom fell on the plaintiff/the defective door caused injury to the plaintiff. We shall
file our response and propound discovery to the plaintiff.
Brvan Silber. individuallv and on behalf of others similarlv-situated. v. Citv of
North Miami. Citv of Miami Beach. Florida Dep?rtment of Revenue. American
Traffic Solutions. lnc. ATS Consolidated. Inc.. American Traffic Solutions. LLC.
American Traffic Solutions Consolidated. LLC. and Xerox State and Local
Solutions. lnc. f/Ua ACS State and Local Solutions Case No. 1:14-cv-24760-UU
(United States District Court Southern District of Florida)
The City of Miami Beach was seryed with a Federal Summons and Class Action
complaint (the "class Action complaint") on January 16, 2015. The class Action
Complaint asserts that the City of Miami Beach's Red Light Camera Program
pursuant to Section 316.0083 of the Florida Statutes, is an unlawful delegation of
municipal (Police Power) authority. The Class Action Complaint further asserts that
the City of Miami Beach should be enjoined from the issuance of violations pursuant
to Section 316.0083, and that the City's Red Light Camera Program be declared an
improper and unlawful delegation of police power, rendering the issuance of any
violations unlawful under Florida Law.
Agenda ltem
Date
3.
Rl0 t+-2t117642
City Altorney's Report
February 11,2015
Page 2
The City has requested that Xerox (the City's Vendor) indemnify, hold harmless,
assert defenses on its behalf, and continue defending the City through the conclusion
of the pending Federal Class Action Lawsuit pursuant to the Agreement. The Class
Action Lawsuit directly challenges the City's Red Light Camera Enforcement Program
("the Program") pursuant to the Agreement between Xerox and the City, which
expressly authorized the issuance of violations against owners of those motor
vehicles who proceeded into an intersection equipped with a traffic control signal
monitoring system operated by Xerox. In that regard, the Class Action Lawsuit seeksto invalidate the City's Program and any violations issued accordingly, and to
disgorge those monetary payments received under the Program.
The City estimates that the amount of losses will be those monetary payments that
have been received under the Photo Red Light Enforcement Program, and the
awarding of attorneys'fees, if any, and costs of litigating the Class Action Lawsuit. At
present, the Federal Court has dismissed the Class Action Complaint without
prejudice, but it is expected to be refiled.
Case # 15-000806 CA 01(Circuit Court
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on January 16, 2015 alleging that the City
entered into a landscaping contract with Southem Landscaping Enterprises in May of
2011 and required the contractor to provide a General Liability and Automobile
lnsurance Policies of one million dollars each and name the City as an additional
named insured on both policies. The bid stipulates that the contracting company shall
have been in continuous service and incorporated in the State of Florida for a
minimum of four (4) years. The complaint alleges that Southern Landscaping was
inactive and administratively dissolved on September 25, 2009. The complaint alleges
that the contract was offered to Southern Landscaping without checking to see that
Southern Landscaping was validly in business and the contract with offered to
Southern Landscaping in contravention of the bid requirement that the company
offered the contract be in continuous service and incorporated in the State if Florida
for a minimum of four (4) years. Further, the complaint alleges that Southern
Landscaping provided forged and fraudulent insurance certificates in compliance with
the insurance requirements stipulated in the contract.
On June 6th 2013, a worker for Southern Landscaping while working in Bandshell
Park doing landscaping work pursuant to the contract drove a Southern Landscaping
F-150 with an attached trailer off the paved area and unto the grassy area in the Park
and ran over the Plaintiff, Otoniel Hernandez, who was lying on the grass. The plaintiff
was attended to by City of Miami Beach Fire Rescue and transported to Ryder
Trauma Center where he was pronounced paraplegic and is permanently paralyzed
from the thoracic spine down to both lower limbs. The Plaintiff is suing the City under
the theory of breach of contract by a third party beneficiary, negligent hiring and
retention of Southern Landscaping by the City and negligence-premises liability as
owner. We shall file our answer to the complaint and propound discovery.
The City is in the process of exploring possible settlement of the case.
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City Afiorney's Repoft
February 11,2015
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5.Wilminqtq,n Trust. N.A. vs Rami ohana. et al.. Case No. 14-sz| cA 20 (Circuit
Court - 11'Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 750 Collins Avenue,
Suite 203, Miami Beach, Florida. The Summons and Verified Complaint were served
on the City on January 22,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition
or board-up liens, and resort taxes was filed on January 29,2015.
U.S. Bank National Association. etc. vs Frank Alvarez. et al.. Case No. 14-585 CA
04 (Circuit Court - 11'Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 2222 NW 1 Street,
Miami, Florida. The Summons and Verified Complaint were served on the City on
January 27,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition
or board-up liens, and resort taxes was filed on January 28,2015.
6.
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