HomeMy WebLinkAboutR-98-0934J-98-841
8/20/98 9 8- 934
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY KATHLEEN NELSON, ROBERT
NELSON, ROBERT NELSON, JR. AND MARQUITA
RUTHERFORD, PLAINTIFFS, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $75,000.00 IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, IN THE CIRCUIT COURT OF DADE COUNTY,
CASE NOS. 96-17775 (CA 08), 98-11461 (CA 01),
AND 98-11462 (CA 13), UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.424401.6.651.
WHEREAS, Kathleen Nelson, Robert Nelson, Robert Nelson, Jr.
and Marquita Rutherford, Plaintiffs, through their attorney, have
filed a claim and lawsuit against the City of Miami in the
Circuit Court of Dade County, Florida, Case Nos. 96-17775 (CA 08),
98-11461 (CA 01), and 98-11462 (CA 13), for an injury Plaintiffs
sustained on February 28, 1995; and
WHEREAS, the above claim and lawsuit have 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 Self -Insurance and Insurance
Trust Fund; and
WHEREAS, said Offices recommend that the sum of $75,000.00
be paid, without any admission of liability, in full and complete
settlement of any and all claims and demands against the City of
SEP 2 8 1998
H&
98- 9-4
Miami in the Circuit Court of Dade County, Florida,
Case Nos. 96-17775 (CA 08), 98-11461 (CA 01), and 98-11462 (CA 13);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth 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 to Kathleen Nelson, Robert Nelson, Robert Nelson, Jr. and
Marquita Rutherford, Plaintiffs, the sum of $75,000.00, without
any admission of liability, in full and complete settlement of
any and all claims and demands against the City of Miami in the
Circuit Court of Dade County, Florida, Case Nos. 96-17775 (CA 08),
98-11461 (CA O1), AND 98-11462 (CA 13), upon the execution of a
General Release releasing the City of Miami from any and all
claims and demands, with funds therefor hereby allocated for said
settlement from the City of Miami Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.424401.6.651.
Section 3. This Resolution shall become effective
- 2 -
98- 934
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 28th day of
September lggg.
JOE CAROLLO, MAYOR
On accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of
ft legislation by signing it in the designated place provided, said legislation now
bacoMs effective with the elapse of ten (10) days fro he date of Commiss' ction
W4110ft same, without the Mayor exerm a v o
ATTEST:
Wafter J. man, City Clerk
WALTER J. FOEMAN
CITY CLERK
CORRECTNESS e�
2/BSS/kc
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.
- 3 - 98- 934
TO
FROM
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Mario Soldevilla, Administrator DATE: August 26, 1998 FILEJ-98-841
Division of Risk Management
Dipak Parekh, Director
Budget and Management Analysis
Maria J. Chiaro l
Assistant City Attorney
SUBJECT: Financial review and approval:
Nelson, Nelson, Nelson, Rutherford
REFERENCES: City Commission Meeting
September 28, 1998
ENCLOSURES: (1)
Attached is a copy of a resolution which is being placed on the City
Commission Agenda for the meeting of September 28, 1998. If approved, the
matter of Nelson, Nelson, Nelson, Rutherford v. City of Miami, Case
Nos. 96-17775 (CA 08), 98-11461 (CA 01), and 98-11462 (CA 13) will be
settled for $75,000.00. Funds are available from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.424401.6.651.
Please indicate your review and
original memorandum to Beverly Solomon,
this office as soon as possible.
REVIEW AND APPROVAL BY
THE RI AGE NT DIVI ION:
MARIO SOLDEZILLA, ADMINISTRATOR
4ISAPPROVED)
W208:BSS
approval hereinbelow and return this
Legislative Coordinator, in care of
REVIEW AND APPROVAL BY THE OFFICE
OF BUDGET AND MANAGEMENT ANALYSIS:
ka
DIPAK PARE , DIRECTOR
e
DISAPPROVED)
98- 934
TO
FROM
Honorable Mayor and
Members of -the Citv Commission
Alej
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
32
DATE : August 2611998 FILE : J-98-841
SUBJECT: Kathleen and Robert Nelson, Robert Nelson, Jr.
and Marquita Rutherford vs. City of Miami
Case Nos. 96-17775-CA (08); 98-11461-CA (01)
REFERENCES& 98-11462-CA (13)
City Commission Agenda Sept. 28, 1998
ENCLOSURES:
Attached is a proposed Resolution authorizing the Director of Finance to pay Kathleen
Nelson, Robert Nelson, Robert Nelson, Jr. and Marquita Rutherford without admission of
liability, the sum of $75,000.00, in full and complete settlement of any and all claims and demands
against the City of Miami upon the execution of a Release of All Claims, releasing the City of
Miami from any and all claims and demands.
The complete evaluation of this claim is contained in the Tort Committee settlement
memorandum.
This claim has been investigated by the Tort Committee and the Division of Risk
Management, and is hereby recommended by this Office.
CFK/pb/W020
Attachment
cc: Donald Warshaw, City Manager
98- 934
Mario Soldevilla, Administrator August 26, 1998 J-98-841
Division of Risk Management
Dipak Parekh, Director
Budget -and Management Analysis
Maria J. Chiaro
Assistant City Attorney
Financial review and approval:
Nelson, Nelson, Nelson, Rutherford
City Commission Meeting
September 28, 1998
(1)
Attached is a copy of a resolution which is being placed on the City
Commission Agenda for the meeting of September 28, 1998. If 'approved, the
matter of Nelson, Nelson, Nelson, Rutherford v. City of Miami, Case
Nos. 96-17775 (CA 08), 98-11461 (CA 01), and 98-11462 (CA 13) will be
settled for $75,000.00. Funds are available from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.424401.6.651.
Please indicate your review and approval hereinbelow and return this
original memorandum to Beverly Solomon, Legislative Coordinator, in care of
this office as soon as possible.
REVIEW AND APPROVAL BY
7,/7/0,
ION:
T
MARIO S LLA, ADMINISTRATOR
(APPROVED] ISAPPROVED)
W208:BSS
REVIEW AND APPROVAL BY THE OFFICE
OF BUDGET AND MANAGEMENT ANALYSIS:
ka
DIPAK PARE , DIRECTOR
e
DISAPPROVED)
98- 934