HomeMy WebLinkAboutR-84-0415J-84-206
ALI
RESOLUTION NO. t3il� i'
A RESOLUTION AUTHORIZING THE DTP CTOR OF FINANCE TO PAY TO
AMERICAN CAR VAN RI NTAT,S , INC. , THE SUM OF $6,000 WITHOUT
THE ADMISSION OF LTAI3 T.LITY, IN Ft_T(,I., AND COM LETE SETTLEMENT
OF ALL PROPERTY DAMAGE, I;OSS OF USE, CLATI-iS AND DE'LANDS
AGAINST THE CITY OF MIAMI ANf) JACK CALVAR, ANT) UPON EXECU-
TION OF A RELEASE. RELEASING THE CITY OF MIAMI AND JACK
CALVAR FROM ALL CLAIMS AND DLMANDS.
WHEREAS, American Car Van Rentals, Inc., filed a claim against the City of
Miami and Jack Calvar, for property damage and loss -of -use income resulting
from a motor vehicle accident wherein their_ 1983 Cadillac Sedan was involved in
a collision with a City of Miami Police Department- vehicle on June 13th, 1983,
at Southwest 32nd Avenue and Dade Avenue, Miami, Dade County, Florida; and
WHEREAS, the above claim has been investigated by the Risk Management
Division in accordance with Ordinance No. 8417, which created the City of
Miami's Self -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 $6,000;
NOI-7, 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 Ameri-
can Car Van Rentals, Inc., the sum of $6,000, 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 Jack Calvar, upon the execution
of a release releasing the City of Miami and ,Tack Calvar from all property
damage and loss of use claims and any other claims and demands.
PASSED AND ADOPTED this 5th day of April , 1984.
EST:
RAL G. CGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLERK
DEPUTY CITY ATTORNEY
APPROVED AS TO r0lUM AND CORRECTNESS:
ddae
tp�,- Of P.�
PTJGARCIA-PEDROSA
Y ATTORNEY
Maurice A. Ferre
M A Y O R
CITY COMITIMSSIGN
MEETI?,Tt-_-* GF
AFC;ir-
RE1,01.Li 4 -4 10.
FELSP,i;t:L
60 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 21
To: Honorable Mayor and Members DATE: February 28, 1984 V83-173
of the City Commission
SUBJECT: American Car Van Rentals, Inc., -vs-
The City of Miami and Police Officer
Jack Calvar, et al
FROM: Jose R. Garcia -Pedrosa REFERENCES: D/A: 6/13/83
City Attorney LOCATION: Southwest 32nd--Avenue '
ENCLOSURES: (McDonald Avenue)Nand.Dade Avenue, _
Miami, Florida -
Plaintiff, American Car Van Rentals, filed a claim against the City of Miami and
City of Miami Police Department Officer Jack Calvar to recover for property
damage claims and loss -of -use income from a motor vehicle accident involving a
City of Miami police vehicle driven by Jack Calvar.
This action occurred on June 13th, 1983, at about 9:15 p.m., in the intersection
of Southwest 32nd Avenue and Dade Avenue, Miami, Florida.
Under Florida Statute, Section 768.28, responsibility for any negligence of a
City of Mliami employee, while in the scone and course of his employment, rests
with the City of Miami.
The claimant corporation's vehicle, a 3.963 Cadillac 4-door. Sedan, sustained
extensive body and mechanical damage in the amount of: $4,620.27. This, 4ras a
vehicle leased for profit, therefore, from the date of loss, to the time repairs
were completed, the vehicle incurred loss of income of $1,179.73,
The original demand presented by the plaintiff was $11,210.61, to include the
property damage of $6,747.89, the loss of use, and income of $4,462.72. Extensive
verification and negotiations of this matter resulted in a potential settlement of
$6,000 to include the property damage, loss of use, and income.
This claim has been investigated by the City Attorney's office in accordance with
Ordinance No. 8417 which created the City's Self -Insurance Program. The City
Attorney's office recommends the City of Miami pay $6,000 in settlement of this
claim.
JGP/VVM:ts
cc: Howard V. Gary, City Manager
Ralph G. Ongie, City Clerk
84-4 f5' .