HomeMy WebLinkAboutR-03-0781J-03-612
06/27/03
RESOLUTION NO. 03— 7 81
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
RAUL RIVERA AND OLGA RIVERA THE SUM OF
$7,500, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, FOR THE CASE OF RAUL RIVERA
AND OLGA RIVERA VS. CITY OF MIAMI, IN THE
CIRCUIT COURT OF MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 01-1325 CA (32), UPON EXECUTING
RELEASES FOR THE CITY OF MIAMI, ITS PRESENT
AND FORMER OFFICERS, AGENTS, AND EMPLOYEES
FROM ANY AND ALL CLAIMS AND DEMANDS,
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.651.
WHEREAS, Raul Rivera and Olga Rivera filed claims and a
lawsuit against the City of Miami in Miami -Dade Circuit Court
Case No: 01-1325 CA (32), for injuries sustained in a May 5, 2000
automobile accident and;
WHEREAS, the above claim and lawsuit have been investigated
by the City Attorney's Office pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, and said Office
recommends that the claim and lawsuit be settled for the sum of
$7,500;
CITY COMMISSION
MEETT�3TG OF
R i t! 1 7 2003
.iesoiution No.
63- 781
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
Raul Rivera and Olga Rivera the sum of $7,500 in full and
complete settlement of any and all claims and demands against the
City of Miami, for the case of Raul Rivera and Olga Rivera vs.
City of Miami, in the Circuit Court of Miami -Dade County,
Florida, Case No. 01-1325 CA (32), upon executing releases for
the City of Miami, its present and former officers, agents and
employees from any and all claims and demands, with funds
allocated from the Self -Insurance and Insurance Trust Fund, Index
Code No. 515001.624401.6.651.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
�i If the Mayor does not sign this Resolution, it shall become
effective at the end of ten 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.
Page 2 of 3
03- 781
PASSED AND ADOPTED this 17th day of July , 2003.
ATTEST:
PRISCILLA A. THOM SON
`CITY CLERK
APPROVEDFORM AND CORRECTNESS:(
NDRO VILARELLO
ATTORNEY
W7365:CAG:tr:AS:BSS
Zf4ANUE"L A. DIAZ, MAYOR
Page 3 of 3
'1 �- 781
CITY OF MIAMI 20
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the
FROM: Alejandro Vilarello,
DATE: July 7, 2003
RE: Proposed Settlement City Commission Meeting — July 17, 2003
Authorization for settlement in the case of Raul Rivera and
Olga Rivera vs. City of Miami, in the Circuit Court of Miami -Dade
County, Florida, Case No. 01-1325 CA (32)
Claim No.: 017N/2000-173 (J-03-612)
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 $7,500.
The plaintiff, a 52 -year-old man, sustained a spinal strain on May 5, 2000, when his car
was rear-ended by an undercover police officer driving a rental vehicle on duty on the Palmetto
Expressway. The collision resulted in a total loss of the plaintiff's automobile. The Police
Department's Accident Review Board has not yet reviewed this accident. However, the officer
has acknowledged he was at fault.
The City Attorney's Office has investigated and evaluated this case and has approved the
recommendation of this settlement. Funds in the amount of $7,500 will be allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651.
Attachments(s)
Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
John F. Timoney, Chief of Police
W896:CAG:tr:AS
03- 781