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HomeMy WebLinkAboutR-97-0391J-97-319 5/13/97 RESOLUTION NO. 97— 391 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO FRANCISCO VAZQUEZ AND ANA VAZQUEZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $24,500.00 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 NO. 95-06987 CA 20, 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. 620103-653. WHEREAS, Francisco Vazquez and Ana Vazquez, through their attorney, have filed a claim and lawsuit against the City of Miami in the Circuit Court of Dade County, Florida, Case No. 95-06987 CA 20, for a fall through a City maintained dock located at Watson Island in the City of Miami, Florida; 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 $24,500.00 be paid, 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 No. 95-06987 CA 20; and CITY COMMISSION MEETING OF J U N 0 9 1997 Resolution No. 9'7- 391 L, tt. WHEREAS, funds are available from the City of Miami Self - Insurance and Insurance Trust Fund for the payment of said settlement; 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 Francisco Vazquez and Ana Vazquez, the sum of $24,500.00, 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 No. 95-06987 CA 20, 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. 620103-653. Section 3. This Resolution shall become effective immediately upon its adoption. I PASSED AND ADOPTED this 9th day of June , 1997. i ROLLO, MAYOR ATTES WALTER 9MAN, CITY CLERK _ 2 _ 97- 391 RISK GEME REVIEW: MARIO E. SOLDEVILLA RISK MANAGEMENT ADMINISTRATOR Z BUDGE Y AND MANAGEMENT ANALYSIS REVIEW: DIPAKH PAREKH, DIRECTOR PREP AND AP P bV D BY: DA ID Z. STOVE' ASSISTANT QVY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A7QVMLZ E , III CITY ATTO W1606/DZS/bss/ss I I 97- 391 - 3 - ti CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission r 'O� FROM4 A. uinn nes, III City At ney DATE : May 15, 1997 FILE : J-97-319 SUI JECT : proposed Settlement Francisco and Ana Vazquez v. City Case No. 95-06987 CA 20 REFERENCES : City Commission Meeting June 12, 1997 ENCLOSURES: 1 The attached proposed Resolution is being submitted for your consideration to authorize a settlement, without any admission of liability, in full and complete settlement of any all claims and demands against the City of Miami, in Dade County Circuit Court Case No. 95-06987 CA 20 Francisco Vazcjue7 and Ana M_ Va .cuez ve _ City of Miami, in the amount of $24,500.00. Funds are available from the City of Miami Self -Insurance and Insurance Trust Fund, Index Code No. 620103-653. A complete analysis and description of this case is fully set forth in the memorandum to the Members of the Tort Committee previously transmitted to you for your review. This claim has been investigated by the Division of Risk Management and evaluated by the Tort Committee and it is agreed that the settlement is in the best interest of the City. AQJ/ss attachments SSM01000MMMOC 97- 391 1