HomeMy WebLinkAboutR-02-0464J-02-240
4/17/02
RESOLUTION NO. 02— 464
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RAMONA
COLLAZO, AS PERSONAL REPRESENTATIVE OF THE ESTATE
OF ELEW ALBERTO VAZQUEZ, DECEASED, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $160,000 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND SERVANTS, INCLUDING, BUT NOT
LIMITED TO, CARLOS RIVERA, FRANK PICHEL, JAMES
FARIAS, JOSEPH GUELL, FRANCISCO THEYE AND JOSE
ESTEVEZ, IN THE CASE OF RAMONA COLLAZO, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
ELEW ALBERTO VAZQUEZ, DECEASED, UNITED STATES
DISTRICT COURT CASE NO. 01-1985-CIV-MIDDLEBROOKS,
UPON THE EXECUTION OF A GENERAL RELEASE RELEASING
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. 515001.624401.6.652.
WHEREAS, Ramona Collazo, as personal representative of the
Estate of Elew Alberto Vazquez, deceased, filed a claim and
lawsuit against the City of Miami, former police officers
Carlos Rivera and Frank Pichel, current police officers James
Farias and Joseph Guell, and public service aides Francisco Theye
and Jose Estevez, in United States District Court Case
No. 01-1985-CIV-MIDDLEBROOKS; and
CITY COMMISWN
MLITING
AP 2002
F'or'ojution 1.10.
02- 464
WHEREAS, the City Attorney's Office and the Division of Risk
Management have investigated this claim and lawsuit, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami,
Florida, as amended, and recommend that said claim and lawsuit be
settled for the sum of $160,000;
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
Ramona Collazo, as personal representative of the Estate of Elew
Alberto Vazquez, deceased, without admission of liability, the
sum of $160,000 in full and complete settlement of any and all
claims and demands against the City of Miami, its officers,
agents and servants, including, but not limited to, Carlos
Rivera, Frank Pichel, James Farias, Joseph Guell, Francisco Theye
and Jose Estevez, in the case of Ramona Collazo, as personal
representative of the Estate of Elew Alberto Vazquez, deceased,
United States District Court Case No. 01-1985-CIV-MIDDLEBROOKS,
upon the execution of a general release releasing the City of
Miami, its present and former officers, agents and employees from
Page 2 of 3
02- 464
any and all claims and demands; allocating funds from the
Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.652.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 25th day of April 2002.
MANUEL . DIAZ, MAYOR
ATTEST:
ITRISCILLA A. THOMPSON
CITY CLERK
APPROV,D AS T41/ FORM AND�RECTNESS:
ALEJ D 77LARELLO
C Y ORNEY
W6086:CCM:eh:BSS:LB
l 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 3 of 3
�`'- 464
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Acting Director, Department of Management and Budget
R. Sue Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney/
DATE: March 14, 2002
RE: Financial review and approval for payment of settlement
Proposed Resolution_ --City Commission Meeting of April 11, 2002
Ramona Collazo, as personal representative of the estate of Elew'Alberto
Vazquez, Deceased, United States District Court
Case No. 01-1985-CIV-Middlebrooks (J-02-240)
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
April 11, 2002, requesting payment of a settlement in the amount of $160,000 in the case of
Ramona Collazo, as personal representative of the estate of Elew Alberto Vazquez, Deceased,
United States District Court Case No. 01-1985-CIV-Middlebrooks. Funds are available from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Please indicate your review and approval by affixing your signature and returning this
original memorandum to Beverly Solomon, Administrative Assistant II, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
R. SUE WELLER
ACTING ADMINISTRATOR
W689:BSS
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
MARCELO PENHA W" IV VW
ACTING DIREC ""MM"
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f2)- 464
CA -23
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the
FROM: Alejandro Vilarello,
DATE: April 17, 2002
RE: Proposed SettleWent-City C mission Meeting of April 11, 2002
Ramona Collazo v. City o iami
Case No. 01 -1985 -Civ- ddlebrooks
Claim No. 012/PT/200 62; (J-02-240)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and its officers, agents and servants, including, but not limited to,
former police officers Carlos Rivera and Frank Pichel, current police officers James Farias and
Joseph Guell, and public service aides Francisco Theye and Jose Estevez.
The Plaintiff, on behalf of the decedent's estate and the decedent's survivors, filed a
wrongful death action against the City alleging that City police officers used improper force
resulting in the death of the decedent.
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami, without admission of liability, in the amount of $160,000 payable to
Ramona Collazo. The City Attorney's Office and the Risk Management Division have
investigated and evaluated this case and have approved the recommendation of this settlement.
Funds in the amount of $160,000 will be allocated from the Self Insurance and Insurance Trust
Fund, Index Code No. 515001.624401.6.652.
W006:CCM:eh:LB
Attachment
c: Carlos A. Gimenez, City Manager
Raul Martinez, Police Chief
Elvi G. Alonso, Agenda Coordinator
02- 464
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Acting Director, Department of Management and Budget
R. Sue Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorneyt/
DATE: March 14, 2002
RE: Financial review and approval for payment of settlement
Proposed Resolution — City Commission Meeting of April 11, 2002
Ramona Collazo, as personal representative of the estate of Elew Alberto
Vazquez, Deceased, United States District Court
Case No. 01-1985-CIV-Middlebrooks (J-02-240)
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
April 11, 2002, requesting payment of a settlement in the amount of $160,000 in the case of
Ramona Collazo, as personal representative of the estate of Elew Alberto Vazquez, Deceased,
United States District Court Case No. 01-1985-CIV-Middlebrooks. Funds are available from the
Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Please indicate your review and approval by affixing your signature and returning this
original memorandum to Beverly Solomon, Administrative Assistant II, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
R. SUE WELLER
ACTING ADMINISTRATOR
W689:BSS
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
MARCELO PENHA WON 10V W11
ACTING DIREC"O illy
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02- 464