Item Coversheet
Town of Miami Lakes
Memorandum

To:Honorable Mayor and Councilmembers
From:Raul Gastesi, Town Attorney
Subject:Town of Miami Lakes v. PGIT
Date:7/25/2017

Recommendation:
It is recommended that the Town Council approve a proposed settlement agreement in the matter Town of Miami Lakes vs. Preferred Governmental Insurance Trust, Eleventh Judicial Circuit, in and for Miami-Dade County, Case No. 2016 004682 CA 01.
Background:

Attached hereto is the latest draft of the Settlement Agreement. The main concern in this draft is obviously the issue of indemnifying PGIT in the event the former Mayor decides to somehow proceed with litigation against the insurance company. The Trujillo Vargas firm has agreed to represent the Town at a cost not exceed $50,000.00 plus costs. Attached hereto is a Memorandum from the Trujillo Vargas firm acknowledging that they will proceed with the defense of same in the event that it becomes necessary. It is recommended that the Council accept the settlement. The principal terms of the Settlement Agreement are that the insurance carrier will pay $500,000.00 which will be a net of $300,000.00 to the Town after the contingency fee payment to the law firm representing the Town. In addition the insurance carrier will be paying thirty (30%) percent of all costs incurred by the Town after May 1, 2017, including settlements at the rate of thirty (30%) percent of the costs incurred, not to exceed the sum of $200,000.00.

ATTACHMENTS:
Description
Trujillo Vargas Letter
Settlement Agreement Exhibit A
Resolution