HomeMy WebLinkAboutR-99-0884J-99-426
10/13/99
RESOLUTION NO.00. 884
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
THE ESTATE OF ER JOSE VLADIMIR RODRIGUEZ,
RODRRIGUIGURODRIGUEZ, SURVIVING SON, MICHAEL
RODRIGUEZ, SURVIVING SON, AND TANIA
RODRIGUEZ, SURVIVING SPOUSE, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $200,000,
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, ITS CURRENT AND FORMER OFFICERS,
AGENTS AND EMPLOYEES, PENDING IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO, 95-10658 CA-23, CONSOLIDATED WITH CASE
NO. 96-13004 CA-23, UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI,
ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES, FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE
INSURANCE AND SELF-INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652
WHEREAS, the Estate of Jose Vladimir Rodriguez, b and
through y
g Nelson Rodriguez and Tania
Rodriguez, co -personal
Representatives, for the benefit of Alexander Rodriguez, a
surviving minor son, Michael Rodriguez, g a surviving minor son,
and Tania Rodriguez, a surviving spouse, through their attorneys,
filed a claim and lawsuit against the City of Miami, in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida
Case No. 95-10658 CA-23, for alleged
violation of their civil rights and wrongful death arising out of
C'T$ C0MUSS10.N
MEETInc OF
Resolution No.
outt
an incident on July 1, 1.994, 2550 Southwest 15th Street, Miami,
Miami -•Dade County, Florida; and
WHEREAS, the above claim and lawsuit has been investigated
by the Tort Committee of. the City Attorney's Office and the
Division of Risk Management pursuant to Ordinance No. 8417, which
created the City of Miami's Insurance and Self -Insurance Trust
Fund and said Offices recommend that said claim and lawsuit be
settled for the sum of $200,000;
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 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 the estate of Jose Vladimir Rodriguez, Alexander
Rodriguez, surviving son, Michael Rodriguez, surviving son, and
Tania Rodriguez, surviving spouse, without the admission of
liability, the sum of $200,000, in full and complete settlement
of any and all claims asserted in the Eleventh Circuit Court in
and for Miami -Dade County, Florida, Case No. 95-10658 CA-23,
consolidated with Case No. 96-13004 CA-23, upon the execution of
a general release, in a form acceptable to the City Attorney,
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 Insurance and Self -
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 Y
PASSED AND ADOPTED this 16th day of November , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate
this legislation by signing it in the designated place
becomes effective with the elapse of ten (10) days fror
regarding same, without the Mayor exercisin t0l
ATTEST: Walter J. Fogrf r 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.
- 3 - 6y-- 8
Q
CITY OF MIA MI
CITY ATTORNIEVS OFFIC
MEMORANDUM
TO: Honorable Mayor and Members
FROM: Alejandro Vilarello, City A
DATE: October 15, 1999
RE: The estate ofJose Y. Rc
Circuit Court Case Nos.
(J-99-426) 100
Commission
37
Gez, et al vs. City Of Miami, 11 th Judicial
10658 CA-23 and 96-13004 CA-23.
This case involves a police response to a multiple shooting in a private residence. Th
estate of Jose Rodriguez is alleging that the police, 911 operators, and dispatchers were ne li e
in the response to the call which resulted in a delay of more than one hour befor e
cleared and paramedics were permitted to render treatment to he victims. g g nt
e the scene was
After seriously wounding he victims,
allegedly died as a result of untimely treatment.
Prior marriage.
the shooter committed suicide. The claimant
He is survived by two minor children from a
The attached proposed Resolution seeks authorization for the settlement of all claim
against the City of Miami in the above -referenced case in the amount of $200,000 for the benefit
of his two minor children. The Torts Committee of the City Attorne ,s Offices
Management Division have investigated and evaluated this case and have a approveRisk
d the
recommendation of this settlement. Funds in the amount of $200,000 will be allocated from he
Insurance and Self Insurance Trust Fund, Index Code No. 515001.624401.6.652.
W361:RCL
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
!)- 884
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 Attorney
DATE: September 27, 1999
RE: Financial review and approval for Settlement
The estate of Jose V. Rodriguez, et al vs. City of Miami, 11 th Judicial
Circuit Court Case Nos. 95-10658 CA-23 and 96-13004 CA-23.
(J-99-426)
Attached is a copy of a resolution which is being placed on the City Commission
Agenda for the meeting of October 12, 1999. If approved, The estate of Jose V. Rodriguez, et al
vs. City of Miami, 1 lth Judicial Circuit Court Case Nos. 95-10658 CA-23 and 96-13004 CA-23
will be settled for $200,000. 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 Rita Lagace, Administrative Assistant I, of this office as soon
as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
to 3c �A+D F.c�+rt Flc,k Y c zaao
. Fvao�
1 I `
MARIO SOY,DEVILLA
ADMINISTRATOR
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
�C 1 LUIE BRE AN
ACTING DIRECTOR
W360:RCL ft 0f
Ift"ament & Budpt
PH)
AAlount of $A) I C" 0, , L�u�
OVWlable in account nurnb@t;
l 001. L)I, t':.
Ve ified by: SIGNATi11fw
oy- 884