HomeMy WebLinkAboutR-09-0479Vop City of Miami
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Resolution: R-09-0479
File Number: 09-01115
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/8/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO TENDER A SUM NOT TO EXCEED $500,000 TO STATE NATIONAL
INSURANCE COMPANY FOR THE PURPOSE OF TRIGGERING THE INSURANCE
COMPANY'S DUTY TO DEFEND AND/OR INDEMNIFY THE CITY OF MIAMI IN THE
FOLLOWING LAWSUITS: STEVEN K. SCHWARTZ, ETC., VS. CITY OF MIAMI, ET
AL., CASE NO.: 07-44810 CA 08; MARGAR/TTE DINGLE VS. POLISH AMERICAN
CLUB OF MIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08; SAMMY BROWN, ET
AL. VS. CITY OF MIAMI, ET AL., CASE NO.: 08-80065 CA 08; AND THEOANDR/A
KENDRICK, ETC., ET AL., VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ET
AL., CASE NO.: 09-44642 CA 08, AND, IF ACCEPTED, AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY STATE NATIONAL INSURANCE COMPANY, A
SUM NOT TO EXCEED $500,000, WITH FUNDS ALLOCATED FROM ACCOUNT
CODE NO. 00001.980000.515000.0000.00000; AND, IF NOTACCEPTED,
AUTHORIZING THE CITY ATTORNEY TO TAKE ALL SUCH FURTHER ACTIONS
NECESSARY TO PROTECT THE INTERESTS OF THE CITY OF MIAMI,
INCLUDING, BUT NOT LIMITED TO, THE SETTLEMENT OF ALL THE
AFOREMENTIONED CASES, ON TERMS ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE CITY OF MIAMI PAYING NOT MORE THAN THE AGGREGATE TOTAL
AMOUNT OF $500,000, AND, IN SUCH CASE, FURTHER AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY THE PLAINTIFFS, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF $500,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING
ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS AGENTS,
OFFICERS AND EMPLOYEES, ASSERTED IN THE AFOREMENTIONED CASES,
UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND
DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI, WITH PREJUDICE, WITH
FUNDS ALLOCATED FROM ACCOUNT CODE NO.
00001.980000.515000.0000.00000.
WHEREAS, the City of Miami has been sued in the following cases pending in the Circuit
Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, for the wrongful deaths and
personal injuries arising out of a shooting incident at the Polish American Club of Miami, which took
place on June 17, 2007: Steven K. Schwartz, etc., vs. City of Miami, et al., Case No.: 07-44810 CA
08; Margaritte Dingle vs. Polish American Club of Miami, Inc., et al., Case No.: 08-03407 CA 08;
Sammy Brown, et al. vs. City of Miami, et al., Case No.: 08-80065 CA 08; and Theoandria Kendrick,
etc., et al., vs. The Polish American Club of Miami, Inc., et al., Case No.: 09-44642 CA 08; and
WHEREAS, at the time of the shooting incident, the City of Miami had in place a policy of
insurance issued by State National Insurance Company; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuits,
City of Miand Page I of 3 File Id. 09-01115 (Version: 1) Printed On: 7/3/2017
File Number: 09-01115 Enactment Number: R-09-0479
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
and recommends that the sum of $500,000 be tendered to State National Insurance Company for the
purpose of triggering the insurance company's duty to defend and/or indemnify the City of Miami in
the above -referenced lawsuits;
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is hereby authorized to tender a sum, not to exceed $500,000, to
State National Insurance Company for the purpose of triggering the insurance company's duty to
defend and/or indemnify the City of Miami in the following lawsuits: Steven K. Schwartz, etc., vs. City
Of Miami, et al., Case No.: 07-44810 CA 08; Margaritte Dingle vs. Polish American Club Of Miami,
Inc., et al., Case No.: 08-03407 CA 08; Sammy Brown, et al. vs. City Of Miami, et al., Case No.: 08-
80065 CA 08; and Theoandria Kendrick, etc., et al., vs. The Polish American Club Of Miami, Inc., et
al., Case No.: 09-44642 CA 08, and, if accepted, authorizing the Director of Finance to pay State
National Insurance Company, a sum not to exceed $500,000, with funds allocated from Account
Code No. 00001.980000.515000.0000.00000;and
Section 3. Should the aforesaid tender not be accepted by State National Insurance
Company, the City Attorney is authorized to take all such further actions necessary to protect the
interests of the City of Miami, including, but not limited to, the settlement of all the aforementioned
cases, on terms acceptable to the City Attorney, with the City of Miami paying not more than the
aggregate amount of $500,000.
Section 4. In the event all cases are settled, the Director of Finance is authorized to pay the
Plaintiffs, without admission of liability, the aggregate total sum of $500,000, in full and complete
settlement of any and all claims and demands, including attorney's fees and costs, against the City of
Miami, its agents, officers and employees, asserted in the aforementioned cases, upon the execution
of general releases of all claims and demands, and a dismissal of the City of Miami, with prejudice,
with said funds allocated from Account Code No. 00001.980000.515000.0000.00000.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
Footnotes:
City of Miami Page 2 of 3 File Id. 09-01115 (Version: 1) Panted On: 7/3/2017
File Number: 09-01115
EnactmentNnmber: R-09-0479
{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.
City of Miami Page 3 of 3 File Id. 09-01115 (Version: h Printed On: 7/3/2017