HomeMy WebLinkAboutR-00-0355J-00-344
4/19/00
RESOLUTION NO. 00-
355
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
OSCAR ORTIZ, WITHOUT ADMISSION OF LIABILITY,
A COMPROMISED SETTLEMENT PURSUANT TO THE
SETTLEMENT AGREEMENT AND STIPULATION FOR
CONSENT JUDGMENT, IN FULL AND COMPLETE
SATISFACTION OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE OF OSCAR ORTIZ VS. THE CITY OF MIAMI,
CASE NO. 97-17351 CA -04, 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 THEREFOR FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624.401.6.651.
WHEREAS, Oscar Ortiz, filed a.claim and lawsuit against the
City of Miami, in the Eleventh Judicial Circuit and in for Miami -
Dade County, Florida, Court Case No. 97-17351 CA -04, in regard to
an incident that occurred on or about December 6, 1996, wherein
Mr. Ortiz sustained severe and permanent injuries rendering him
permanently quadriplegic; and
WHEREAS, Plaintiff, Oscar Ortiz, requires significant
medical and custodial care and treatment for the remainder of his
life as a result of the injuries he received in the incident of
December 6, 1996; and
CITY COMMISSION
MEETING OF
APR 2 7 2000
Resolution No.
WHEREAS, a trial was held in the aforementioned case which
resulted in a judgment in favor of Oscar Ortiz in the amount of
$13,674,660; and
WHEREAS, the judgment and circumstances related to have been
reviewed by the Torts Committee.of the City Attorney's Office and
the Division of Risk Management pursuant to Sections 18-221
through 18-232 of the Code of the City of Miami, Florida, as
amended, which created the City of Miami's Insurance and Self -
Insurance Trust Fund and recommend that said judgment be settled
for the sum of $5,000,000; and
WHEREAS, said offices recommend the payment 'of the sum of
$5,000,000 in installments to Oscar Ortiz under certain
conditions, without any admission of liability, in the manner
prescribed in the Settlement Agreement and Stipulation For
Consent Judgment;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized
to pay Oscar Ortiz, without admission of liability. The sum of
$5,000,000 installments over a period of years, in full and
io
Page 2 of 3
complete settlement of any and all claims and demands against the
City of Miami, for the case Oscar Ortiz v. City of Miami, Case
No. 97-17351 CA (04), 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, with
funds therefor hereby allocated from the Self -Insurance Trust and
Insurance Fund, Index Code No. 515001.624401.6.651.
Section 3.. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorl'.
PASSED AND ADOPTED this 27th day of April , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Msyor chid not. M01C to epprovQI of
this legislation by signing it in the designated p4�.we piri ided, aIdgd legit tion now
becomes effective with the elapse of ten (t 0) days rorro the date of Con ¢� ,;.z icn wton
ATTEST: regarding same, without the Mayorper q �to.
WALTER J. FOEMAN
rT'T'V rT.PPV
, City Clerk
�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 3 of 3
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Luie Brennan, Acting Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attomeyt/ -
DATE: April 18, 2000
RE: Financial review and approval for Settlement
Oscar Ortiz v. City of Miami
Case No. 97-17351 CA -04 =
Claims No. 012/V/97059
Attached is a copy of a resolution which is being placed on the City Commission Agenda for the
meeting of April 27, 2000. The attached proposed Resolution seeks authorization for the settlement of all
claims against the City of Miami in regard to an incident that occurred on or about December 6, 1996,
wherein the Plaintiff sustained severe and permanent injuries rendering him permanently quadriplegic.
The Torts Committee of the City Attorney's Office and the Risk Management Division have
investigated and evaluated this case and have approved the recommendation of this $5,000,000 settlement
pursuant to the Settlement Agreement and Stipulation For Consent Judgment. Funds in the amount of
$1,400,000 (Payment No. 1) will be allocated from the Self -Insurance and Insurance Trust Fund, Index
Code No. 515001.624401.6.651.
Please indicate your review and approval hereinbelow by affixing your signature and return
this original memorandum to Rita Lagace, Administrative Assistant I, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
. V 1' (D' (�ZQ
MARIO SOLDEVILLA
ADMINISTRATOR
W435:RCL
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
ki�'
LUIE BRENNAN
ACTING DIRECTOR
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 19
MEMORANDUM
TO: Honorable Mayor and Metrs ofe City Commission
FROM: Alejandro Vilarello
DATE: April 18,
RE: Oscar Ortiz v. City jllfiami,
Case No. 97-1735 A-04
Claims No. 012 /97059
This lawsuit involves a claim against the City brought by the Plaintiff, Oscar Ortiz. On
the night of December 6, 1996, a City of Miami police officer responding to an emergency, failed
to stop at a traffic light and crashed into the front passenger side of an oncoming automobile.
The front seat passenger, Oscar Ortiz, a young man in his early 20's, sustained catastrophic
permanent injuries. His neck was broken, rendering him a C4-5 quadriplegic. The plaintiff is
unable to perform basic functions of life and requires around-the-clock care under the
supervision of specially trained individuals.
The actions of the police officer were investigated by the Police Department's Accident
Review Board and the police officer was found to have negligently caused the accident. The
officer was disciplined via a written reprimand and suspended for two months.
A jury trial in June 1999 resulted in a jury verdict and final judgment against the City in
the amount of $13,674.660. Michael Seth Cohen, plaintiff's attorney, filed a claims bill with the
Florida Legislature, since the judgment exceeds the $100,000 limitation on the payment of
judgments of this kind against the City. The City appealed the final judgment to the Third'
District Court of Appeal.
The attached proposed Resolution seeks authorization for settlement of all claims and
disputes between Mr. Ortiz and the City arising out of this accident for a total sum of $5 million,
payable in four installments over a four year period without admission of liability. The terms and
conditions of the settlement are set forth in greater detail in the Settlement Agreement attached.
The Torts Committee of the City Attorney's Office, the City Attorney and the Risk Management
Division have evaluated the settlement and have recommended approval, with the belief that the
negotiated settlement minimally meets the past and future medical expenses and loss of earnings
of Mr. Ortiz (the City's expert testified at trial that Mr. Ortiz would require at least $6,300,000 in
00-
Mayor and Members of the City Commission
April 18, 2000
Re: Oscar, Ortii v. City of Miami
Page 2
present value dollars to meet his future medical needs) and at the same time limits -the City's
exposure to substantially more monetary damages which could result if the claims bill were to be
pursued. The settlement is still subject to the approval of the legislature.. Approval of the
settlement will result in the dismissal of the appeal.
W436:MB:RCL
c:. Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
zk
TABULATION OF
BIDS :FOR
32 AVENUE PAVING
PROJECT,
s<t c1 r yR p . Recelwd by mix City Clerk, City of Miami, Plorwa at 1000 AA
�i
MlRI#OI1�tSTRUCTi�1, MC
K 6 it PAVING, ING
Mum?
SVVi12P STREET
1955 N.V. 110 AVE
1 C KW; 98Vh
khi�.
laAM[,F'LtRIDA'33156
MIAMI, FL 33172.
WIN VW70m"
Pey`eI`Mwe l
...
Nil
NO
es"Myrmyowl wwoatr '4A, TFYES
YES
YES
B.B. 5%
B.B. ;5%
H
YES, H
YES, H
YEK, H
I
!0T0TAL'z'(1F4ITEMSz.::...
:. .
",332,977,75 S 342,245,10 $ 387,045.00
t
�l IRREGULARITIES LEGEND-'..
NO3 ., P-Attarty .., ::...
• ,I3� Mb�:�APPwawt::as• to:.Capllai L Surplus oP Bwxbv Company
C
=�Akmftn"'- Improperly MV*d: or NoCorporate seal .
` E Extensions ObsYp;RYwryOPPks Location Parra)
�' 1 t'bid. U6ssft copy of CertiPkate or competency)
G ,BMW
`,No first. Source N'V CoWlance Statement
.1- No-1MoWty Cwoknce Statement
.k' K- No; awlioate:. 6w Proposal
Br: Lhavarrla qh"k Br:;. Nelmers
B-4614
on March 21, 2000
ACCORDING WITH RESOLUTION No, 86-983, BID BOND VOUCHER WILL
NOT BE ACCEPTABLE FOR 13ID ESTIMATES IN EXCESS OF $200,000.00)
THEREFORE, THE DEPARTMENT OF PUBLIC WORKS HAS DETERMINED T A
THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER IS
MIRI CONSTRUCTION, INC, IN THE AMOUNT ❑F $ 332,977.75
BID 99-00-114
PAGE, 1 OF 1
B-4614 1:
327/00
.,—
oin
2
B-4614
ri
BID ITEM:
CITY OF MIAMI OF THE CITY CLERK
BID SECURITY LIST
S.W. 32 AVENUE PAVING PROJECT B-4614
BID NO: 99-00-114
DATE BID(S) OPENED: MARCH 21, 2000
4 — 41
TIME 10:00 a.m.
BIDDER
TOTAL BID
AMOUNT
BID BOND (ER)
CASHIER'S CHECK
MI RI CONSTRUCTION, INC.-
$332;977.75
B.B. 5%
H. & R. PAVING, INC.
342,245.10
B.B. 5%
SOUTHEASTERN ENGENEERING CONTRACTOR
386,895.00
B.B. 5%
^, 11'
"Offers 14,o-ra, CAQ
received as of
-.0
4'.r-
..'a,,
are hereby resected as IC101."
-sx ' a I, C-ni 11
&
an Y"
I
received _)envelops on behalf of
Person receiving bid(s) --1
PURCHASING DEPARTMENT on
(City Department)
SIGNE
Deputy City C114k
-".5 121 / 00
(Date) /
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Walter J. Foeman DATE: February 23, 2000 FILE: B-4614
City Clerk
SUBJECT: "S.W. 32 AVENUE PAVING 4
PROJECT"
FROM: Tony Prat REFERENCES:
Departm of Public Works 1
ENCLOSURES:
Please note that contractors will submit bids for the following project:
"S.W. 32 AVENUE PAVING PROJECT, B-4614" on Tuesday, March 21, 2000 at 10:00 A.M.
Any bid submitted after the time listed above, will not be accepted. Please make necessary
provisions for this bid opening.
The Project Manager, Greg Chavarria a representative overseeing the project is going to be present
at the time of opening. Should there be cancellation or postponement, we will notify you in
writing, prior to the opening date of the bids.
If you have any questions, please contact me at 416-2131.
TP/tp
Encl.
c: John Jackson
Yvette Smith
Project Manager
File
-711
0
C n
_ ��
W
® BID NO. 99.00-114 0
ADVERTISEMENT FOR BIDS ?�'DV `� C,,�
Sealed bids for "S.W. 32 AVENUE PAVING PROJECT, B-4614" will be relceive&�y the'SC�ty
Clerk of the City of Miami, Florida at 10:00 AM on, March 21, 2000, at the �'` .�erk's OffRzje, firs
floor of the Miami City Hall, 3500 Pan American Drive, Dinner Key, Miami,}ordrda 33'3, at
which time and place they will be publicly opened and read. Any bid submitted �r.�be,abch
appointed time will not be accepted by the City Clerk.
The project consists of repaving S.W. 32nd Avenue between S.W. 8th Street and Grand Avenue,
installing two bus bays, curb and gutter, installing 3 local drainage systems, paint striping, and
repaving a portion of N.Venetian Drive. Bidders will furnish performance and bid bonds in
accordance with Resolutions No. 86-983 and No. 87-915. For technical questions or
clarifications regarding plans, specifications, or City requirements, please submit written
requests to Mr. John H. Jackson, P.E., Acting Director, Department of Public Works, 444
S.W. 2nd Avenue, 8th Floor Miami, FL 33130. The written request may be faxed to (305)
416-2153, followed by mailing or hand delivering the written copy. Under Miami -Dade
County Ordinances #98-106 and 99-1, there will be a "Cone of Silence" during the bid
period and the City's responses to questions must be in writing only to all bidders.
Prospective bidders must have a current certified Contractor's License from the State of
Florida Construction Industry License Board for the class of work to be performed, or the
appropriate Certificate of Competency or the State Contractor's Certificate of
Registration as issued by Miami- Dade County Code, which authorizes the Bidder to
perform the proposed work.
All bids shall be submitted in accordance with the Instructions to Bidders and Specifications.
New City regulations will require each bidder to submit proposals in duplicate originals.
Plans and specifications may be obtained at the Department of Public Works, 444 S.W. 2nd
Avenue, 8th Floor, Miami, Florida 33130, on or after February 29, 2000. There will be a $20
deposit required for the first set of specifications. Specs can also be mailed to bidders upon
written request to the Public Works Department including a separate check in the amount of$8.
Additional sets may be purchased for a non-refundable fee of $20. Deposits will be refunded
only upon return of one set of specifications to the Department of Public Works, unmarked and
in good condition within two (2) weeks after the opening of the bids.
Bidders are alerted to the provisions of Ordinance No. 10062 and 10538 regarding allocations of
contracts to minority vendors, contractors and sub -contractors. This project has not been
designated as a minority Set -Aside. All Bidders must submit an Affirmative Action Plan with
the bid. (Ordinance is contained in bid specifications).
The City of Miami has adopted Ordinance No. 10032, which implements the "First Source Hiring
Agreement". The object of this Ordinance is to provide employment opportunities to City of
Miami residents on contracts resulting in the creation of new permanent jobs. Contractors may
be eligible for -wage reimbursement under this program. For -further information contact the
Department of Public Works, City of Miami, at (305) 416-1200.
Proposal includes the time of performance, and specifications contain provisions for liquidated
damages for failure to complete the work on time. The City Commission reserves the right to
waive any informality in any bid, and the City Manager may reject any or all bids, and re -
advertise. (B-4614, Req. 05455).
Donald H. Warshaw
City Manager