HomeMy WebLinkAboutR-99-0393a"
J-99-424
4/28/99
RESOLUTION NO. r
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
JAMES PARKS, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF MABEL PARKS,
ETC., WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $60,000.00, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE JAMES
PARKS, ETC., ET AL. V. CITY OF MIAMI, IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 91-43969 CA (20), 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. 515001.624401.6.652.
WHEREAS, James Parks, Individually and as Personal
Representative of the Estate of Mabel Parks, etc., filed a claim
and lawsuit against the City of Miami, Case No. 91-43969 CA (20),
in and for the Circuit Court of the Eleventh Judicial District,
in Miami -Dade County, Florida; and
WHEREAS, the claim and lawsuit have been investigated by the
Tort 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 claim and lawsuit be settled for the sum of
C= COM USSION
1KMING OF
iU N 0 a 1999
Resolution No.
99- 303
$60,000.00;
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 James Parks, Individually and as Personal Representative
of the Estate of Mabel Parks, etc., without admission of
liability, the sum of $60,000.00 in full and complete settlement
of any and all claims and demands against the City of Miami, for
the Case James Parks, etc., et al. vs. City of Miami, in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida, Case No. 91-43969 CA (20), 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. 515001.624401.6.652.
Section 3. This Resolution shall become effective
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99- 393
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immediately upon its adoption and signature of the Mayor!.
PASSED AND ADOPTED this 8th day of
June 1999
JOE CAROLLO, MAYOR
in accordance with Miami Code Sec. 2.36. since the Mayor did not indicate approval of
this legislation by signing it in the designated pla e provided, said i . iatior" no:;
becomes effective with the elapse of ten (10) days to of C iss;cn action
regarding same, without the Mayor ex ci Ing
ATTEST:
Walter . man, City Clerk
WALTER J. FOEMAN
CITY CLERK
TNESS:t.
7ATTORNEY
453:BSS
�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.
- 3 -
99- 393
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 2 6
MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Alejandro Vilarello, City ome
DATE: May 27, 1999
RE: Proposed Resolution y ommission Meeting of June 8, 1999
Approval of settlemen James Parks, Individually and as Personal
Representative of t state of Mabel Parks, et. al. v. City of Miami
Case No.: 91-43969 CA (20) (J-99-424)
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 $60,000.00. This
lawsuit was brought by the husband of Mabel Parks, 37, who was killed in an automobile
collision with a vehicle which was being pursued during a chase by Miami Police.
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
settlement. Inasmuch as the potential exposure to the City on this claim is in excess of the
statutory cap, this settlement, in the amount of $60,000.00, is in the best interest of the City.
Funds in the amount of $60,000.00 are available from the Insurance and Self Insurance
Trust Fund, Index Code No. 515001.424401.6.652 for this settlement.
W309:BSS
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
99- 393
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: May 21, 1999
RE: Financial review and approval for Settlement
James Parks, Individually and as Personal Representative of the Estate of
Mabel Parks, etc. vs. City of Miami (J-99-424)
Attached is a copy of a resolution which is being placed on the City Commission Agenda for
the meeting of June 8, 1999. If approved, the matter of James Parks, Individually and as
Personal Representative of the Estate of Mabel Parks, etc. vs. City of Miami, Case No. 91-43969
CA (20), will be settled for $60,000.00. Funds are available from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Please indicate your review and approval hereinbelow by affixing your signature and return
this original memorandum to Beverly Solomon, Legislative Coordinator, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION: DEPARTMENT OF MANAGEMENT
n,4 AND BUDGET:
6w'e'
Q• 519-7/ 15
MARIO SOLDEVILLA LUIE BRENNAN
ADMINISTRATOR ACTING DIRECTOR
W306:BSS
city .
Mani:-en:Fnt Budget
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