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Home My WebLink AboutR-02-1211J-02-903 10/28/02 RESOLUTION NO. 0 2 12 t I A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BERTHA ACOSTA AND FRANCISCO ACOSTA, THE SUM OF $124,999, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF BERTHA ACOSTA AND FRANCISCO ACOSTA VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-9015 CA (13), UPON EXECUTING A RELEASE 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, Bertha Acosta and Francisco Acosta, filed a claim and lawsuit against the City of Miami, in the Circuit Court of the Eleventh Judicial District, Case No. 01-9015 CA (13), in Miami, Miami -Dade County, Florida; 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, which created the City of Miami's Self -Insurance and Insurance Trust Fund and said Office recommends that the claim and lawsuit be settled for the sum of $124,999; :CITY COMMON 10EETIPG CIE NOV 1 09 2002 Resolution No. 02-1211. 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 Bertha Acosta and Francisco Acosta the sum of $124,999 in full and complete settlement of any and all claims and demands against the City of Miami, for the case of Bertha Acosta and Francisco Acosta vs. City of Miami, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 01-9015 CA (13), upon executing a release 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.-'/ 1� 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 PASSED AND ADOPTED this 19th ATTEST: PRISCILLA A. THOMPSO CITY CLERK APPROW-9-D ASX2 FORM AND-060RRECTNESS kLWANDRC11dI LARELLO ktY ATTORNEY W6638:JOB:dd day of November 2002. g"� r-1� MANUEL A. DIAZ, MAYOF�— Page 3 of 3 02-1211 ----- ---- CITY OF MIANII CITY ATTORNEY'S OFFICE _ , _ „ , A ..1 A n r_ k A r L 1T MEMORANDUM IKIJn wtn��nu��►��_,� ; TO: Marcelo Penha, Acting Director, Department of Management and Budget Elliot Fixler, Consultant, Division of Risk Management FROM: Maria J. Chiaro, Assistant City Attorney'/ DATE: October 29, 2002 RE: Proposed Resolution for City Commission Meeting — November 19, 2002 Financial review and approval for payment of settlement in the case of Bertha Acosta and Francisco Acosta vs. City of Miami, Dade Circuit Case No. 01-9015 CA (13), Claim No. 017/V-2001-011 (J-02-903) Attached is a copy of Resolution scheduled for the City Commission Meeting of November 19, 2002 authorizing settlement in the amount of $124,999 in the case of Bertha Acosta and Francisco Acosta vs. City of Miami in the Dade Circuit Court, Case No. 01-9015 CA (13). Funds are available from the Self -Insurance and Insurance Trust Fund, Account Code No. 515001.624401.6.651. Please indicate your review and approval below .by affixing your signature and return this original memorandum to Beverly Solomon, Administrative Assistant II, of this 'office as soon as possible. REVIEW AND APPROVAL BY THE RISK MANAGEMENT DIVISION: 1 ELLIOT FIXLER RISK MANAGEMENT CONSULTANT W773:tr:BSS Attachment REVIEW AND APPROVAL BY THE DEPARTMENT OF GEMENT AND BUDGET: / 0' MARCELO PENHA ACTING DIRECTOR aft;buS 61 .9m99-6nw AC; 3P.L;TANa•2 :vim ��:`�:V 02-1211 Q( � CITY OF MIAMI CITY ATTORNEY'S OFFICE CA=1 I MEMORANDUM TO: Mayor and Members of the City iss' n FROM: Alejandro Vilarello, DATE: November 7, RE: Proposed Settkr{i`5w-City Commission Agen November 19, 2002 Bertha Acosta and Francisco Acosta vs. City o iami Dade Circuit Court Case No. 01-9015 CA 13 Claim No. 017/V-2001-011 (J-02-903) The attached proposed Resolution seeks authorization for the settlement of all claims against the City of Miami in the above referenced case, in the amount of $124,999. The Plaintiffs, Bertha and Francisco Acosta, allegedly suffered permanent injuries as a result of a collision with a police vehicle operated by a City of Miami police officer. Plaintiffs are seeking compensation for damages against the City including past and future medical expenses, lost wages, loss of enjoyment of life, and pain and suffering. The accident occurred on July 10, 2000, at the intersection of Bird Road and 27th Avenue in Coconut Grove, Florida. The driver officer was reprimanded after an investigation of the accident. Funds in the amount of $124,999, will be allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651. W772: AV/JOB/ddBSS Attachment c: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator 02 --211 CITY OF MIAMI CITY ATTORNEY'S OFFICE CA=1 I MEMORANDUM TO: Mayor and Members of the City iss' n FROM: Alejandro Vilarello, DATE: November 7, RE: Proposed Settlbri' e�ity Commission Agen November 19, 2002 Bertha Acosta and Francisco Acosta vs. City o iami Dade Circuit Court Case No. 01-9015 CA 13 Claim No. 017/V-2001-011 (J-02-903) The attached proposed Resolution seeks authorization for the settlement of all claims against the City of Miami in the above referenced case, in the amount of $124,999. The Plaintiffs, Bertha and Francisco Acosta, allegedly suffered permanent injuries as a result of a collision with a police vehicle operated by a City of Miami police officer. Plaintiffs are seeking compensation for damages against the City including past and future medical expenses;, lost wages, loss of enjoyment of life, and pain and suffering. The accident occurred on July 10, 2000, at the intersection of Bird Road and 27t' Avenue in Coconut Grove, Florida. The driver officer was reprimanded after an investigation of the accident. Funds in the amount of $124,999, will be allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.651. W772: AV/JOB/dd/BSS Attachment c: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator 02-1211