HomeMy WebLinkAboutR-84-11504
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RESOLUTION N0a
AOLUTION AUTHORIZINO 1�42 L`t w-rt0Nd #M
PAY TO COOPER OLDSMOEILE THE SUM or $9#022,94 WITHOUT
THE ADMISSION OF LIABILITY, IN PULL AND COMPLETE
SETTLEMENT OF ALL PROPERTY DAMAGE, LOSS OF USE, CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI AND MANUEL OROSA, tip`
AND UPON EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI AND MANUEL OROSA FROM AI,t, CLAIMS AND DEMANDS.
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WHEREAS, Cooper Oldsmobile file: a claim against the City of
Miami and Manuel Orosa, for prbperty damage resulting from a motor vehicle
accident wherein their 1984 Cutlass Oldsmobile was involved in a collision
with a City of Miami Police Department vehicle on March 28, 1984, at S. W.
35th Avenue and S. W. llth Street, Miami, Dade County, Florida; and
WHEREAS, the above claim has been investigated by the Risk Management
Division in accordance with Ordinance No. 11417, which created the City of
Miami's Se f-Insurance Program, and the said Division, together with the City
Attorney, recommended that this claim be settled, without the admission of
liability, for the sum of $9,022.94;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized to pay to
Cooper Oldsmobile the sum of $9,022.94, without the admission of liability,
in full and complete settlement of all property damage and loss -of -use income,
claims and demands against the City of Miami and Manuel Orosa, upon the
execution of a release releasing the City of Miami and Manuel orosa from all
property damage and loss of use claims and any other claims and demands.
PASSED AND ADOPTED THIS _JQ day of October , 1984.
ATTESTS
H G. ONGIE, CITY CLEW
PREPARED AND APPROVED BY:
AERT F. CLARK
DEPU'PY CITY ATTORNEY
APPROVED AS F0 1 AND CORRECTNESS:
LA A Ty
CITY ATTORNEY
Maurice A. Ferre
M A Y 0 R
CITY OF MIAMI. FLfbktbA
INTER-OPPICE MEMORANDUM
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TO Honorable Mayor and Members
°ATE: September 19, 1984 FILE:
of the City Commission
SUBJECT. City Commission Agenda 9/20/843
FROM: Lucia A. Dougherty
REFERENCES,
Settlement Resolution
City Attorney
Cooper Oldsmobile
ENCLOSURES: ( 2 )
This office has reviewed
the results of the investigation
into this claim covering a vehicular accident in which a City of
Miami Solid Waste Department vehicle was involved. We are
attaching the Risk Management
Division explaining the question of
liability and damages. Our
office recommends adoption of the
attached proposed settlement
resolution.`
LAD/RFC/wpc/pb/008
cc: City Manager
City Clerk
Risk Management
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CITY OF MIAMI. PLOWBA
INTEROFFICE MEM0RAN00M(1 ".
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TO, ro. Jose R. Garcia -Pedrosa DATE: rrs ,Vriil 726 1984 ' PLCV84-0�9
City Attorney, and the !, v
Torts Committee ECr suBJEA% `CG. �cir`-&di hobile vs. City of Miami
ss: 8/28/84
APR 27 1984 ation: S. W. 11 St. & 35 Avenue
46�1
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FROM• C. Duri REFERENG .�
Assistant Finance Director RCS
Risk Management Division �•�' �' •ENCLOSURES
7�
LIABILITY
On the above date and location, a City of Miami Police Officer was driving a i
City of Miami police vehicle and was involved in an accident with an employee
from Cooper Oldsmobile who was driving a 1984 Cutlass Oldsmobile, also owned
by them. The accident occurred as Police Officer Manuel Orosa was proceeding
westbound on the eastbound lane at S. W. llth Street. This street is a two-
lane roadway for east and westbound traffic divided by a grassy median of
approximately ten to fifteen feet in width. As I have stated, Officer Orosa
was traveling in the opposite direction of filth Street contrary to traffic.
Claimant, Omar Mora, was proceeding in a northerly direction on S. W. 35th 1
Avenue having the right-of-way. Officer Arosa disregarded_the..stop.sign for }
S. W. llth Street and struck the claimant in the middle of the intersection j
making contact with his front end and claimant's right front. After impact,
claimant's vehicle continued in a northwesterly direction, going onto private
property and finally coming to rest making contact with a tree with its front
end. The claimant was treated at the scene by Fire Rescue and then transported.
Liability in this case is clear.
DAMAGES
This request is strictly for property damage sustained by Cooper Oldsmobile
in regard to their 1984 Cutlass Oldsmobile. At the time of impact, this vehicle
only had approximately six miles on the odometer. There is no reconditioning
to the vehicle since it was brand new, and therefore, there is no depreciation
to be considered.
The vehicle had a number of options such as power door locks, power windows,
_ cruise control, AM/FM radio, tilt steering, and etc. The market value of this y
vehicle is $11,863.00.
EVALUATION
In order to resolve the property aspect of this claim, we would be responsible
for the dealer cost of the car, not its mark-up value. Therefore, based upon sr
the dealer cost of this car, the invoice amount shows this vehicle was purchased
for $90,923.94. However, this amount is reduced by the fact that the vehicle has
some rather good salvage value in the amount of approximately $901.00, therefore
the actual cost value of this vehicle would be $9,022.94. '?
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94-�10
Paf a Two
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Jose R. Garcia-1*dt08& } April 261 1984
i APPROVED/DISAPPROVED request for settlement of property damage claim for $9,022.94.
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Jose R. Garc -Pedrosa, City Attorney
J is J. oberts, Ass't City Attorney
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rtel, Ass't City Attorney
Carnesoltas, Ass't City Attahey
a. �'L1�,b�yt�• — ufLftilA��
Gisela Cardonne, As§Ft City Attorney
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Albertine B. Smith, AsPe City Attorney
A uftrp !. D tuts ,c L1i T cow i &77LO Pit'4PCK^/ D/' •r'A(, g Pl/17 � uK1.
fr a. A L7.l2 ,;$j7a.•tiV 7i i ►a, TD IAa. 0#t'6
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Paul`D. Weber, Claims Supervisor
DCD/VVM/ci
(Memo prepared by Victor V. Marrero)
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' CITY OF MIAMI, FLORIDA _
4.
INTER -OFFICE MEMORANDUM-
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To: Honorable Mayor and Members DATEMay 1, 1984 FILM
of the City Commission
SUBJECT:
City Commission Agenda 5/10/64
FROM: Jose Garcia -Pedrosa REFERENCES Settlement Resolution,
City Attorney Cooper Oldsmobile
i4� ENCLOSURES: ( 2
This office has reviewed the results of the investigation
into this claim covering a vehicular accident in which a City
of Miami police vehicle was involved. We are attaching the
memorandum of the Risk Management Division explaining the
question of liability and damages. Our office recommends
adoption of the attached proposed settlement resolution.
JGP/RFC/rr
cc: City Manager
City Clerk
Risk Management
A
CITY OF MIAMI, 1►LORIOA
• INFER -OFFICE MEMORANDUM
TO Jose R. Garcia -Pedrosa DAM Me
city 26, 1984 "Litt V84-099
City Attorney, and the • « EC?.
Torts ttee suu[tL '` ,per Oldsmobile vs. City of Miami
P as: 8/28/84
'APR 2';1984 ation: S. W. it St. & 35 Avenue
FROM•
tit {:. D IIEF[II[NC
Assistant Finance Director
Risk Management Division RISly. ' eAC OSURIS:
LIABILITY
On the above date and location, a City of Miami Police Officer was driving a
City of Miami police vehicle and was involved in an accident with an employee
from Cooper Oldsmobile who was driving a 1984 Cutlass Oldsmobile, also owned
by them. The accident occurred as Police Officer Manuel orosa was proceeding
westbound on the eastbound lane at S. W. filth Street. This street is a two-
lane roadway for east and westbound traffic divided by a grassy median of
approximately ten to fifteen feet in width. As I have stated, Officer Orosa
was traveling in -the opposite direction of filth Street contrary to traffic.
Claimant, Omar Mora, was proceeding in a northerly direction on S. W. 35th
Avenue having the right-of-way. Officer Arosa disregardpd_the stop sign for
S. W. filth Street and struck the claimant in the middle of the intersection
making contact with his front end and claimant's right front. After impact,
claimant's vehicle continued in a northwesterly direction, going onto private
property and finally coming to rest making contact with a tree with its front
and. The claimant was treated at the scene by Fire Rescue and then transported.
Liability in this case is clear.
DAMAGES
This request is strictly for property damage sustained by Cooper Oldsmobile
in regard to their 1984 Cutlass Oldsmobile. At the time of impact, this vehicle
only had approximately six miles on the odometer. There is no reconditioning
to the vehicle since it was brand new, and therefore, there is no depreciation
to be considered.
The vehicle had a number of options such as power door locks, power windows,
cruise control, AM/FM radio, tilt steering, and etc. The market value of this
vehicle is $11,863.00.
EVALUATION
In order to resolve the property aspect of this claim, we would be responsible
for the dealer cost of the car, not its mark-up value. Therefore, based upon
the dealer cost of this car, the invoice amount shows this vehicle was purchased
for $9,923,94. However, this amount is reduced by the fact that the vehicle flan
some rathbr good salvage value in the amount of approximately $901.00, therefore
the actual cost value of this vehicle would be $9,022.94.
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