HomeMy WebLinkAboutR-12-0041City of Miami
Legislation
Resolution: R-12-0041
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00031a Final Action Date: 1/26/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY FIREMAN'S FUND INSURANCE COMPANY,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $425,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, BROUGHT
BY CONTENDER FISHING TEAM, LLC., CORY G. FRITZLER, AND FIREMAN'S
FUND INSURANCE COMPANY, INCLUDING ATTORNEY'S FEES AND COSTS,
AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN
THE CONSOLIDATED CASES STYLED, CONTENDER FISHING TEAM, LLC AS
OWNER OF THE VESSEL FL3021 NR FOR EXONERATION FROM OR LIMITATION
OF LIABILITY VS. CITY OF MIAMI, CASE NO.: 08-22268-CIV-HOEVELER, AND
RICHARD S. SOL VS. CITY OF MIAMI, ETAL., CASE NO.:
08-22498-CIV-HOEVELER, BOTH PENDING IN THE UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF
GENERAL RELEASES OF ALL CLAIMS AND DEMANDS BY CONTENDER
FISHING TEAM, LLC., CORY G. FRITZLER, AND FIREMAN'S FUND INSURANCE
COMPANY, AND OF A DISMISSAL OF THE CITY OF MIAMI AND OFFICER JOSE
ESTEVEZ, WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
05002.301001.545000.0000.00000.
WHEREAS, Contender Fishing Team, LLC., Cory G. Fritzler, and Fireman's Fund Insurance
Company, the City of Miami, and Police Officer Jose Estevez are engaged in litigation in the United
States District Court, Southern District of Florida, Case Nos.: 08-22268-Civ-Hoeveler and
08-22498-Civ-Hoeveler, concerning a collision between a 2006 27' Miami Police Department
Safeboat and a 2004 33' Contender recreational vessel, FL No. 3021 NR, on February 15, 2008, in
the navigable waters of Biscayne Bay, southeast of Dinner Key Channel; and
WHEREAS, the City Attorney's Office has investigated these claims and lawsuits, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claims and lawsuit be settled for the sum of $425,000 each;
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 Director of Finance is authorized to pay Fireman's Fund Insurance Company,
without admission of liability, the sum of $425,000, in full and complete settlement of any and all
claims and demands by Contender Fishing Team, LLC, Cory G. Fritzler, and Fireman's Fund
Insurance Company, including attorney's fees and costs, against the City of Miami, its agents, officers
and employees, in the consolidated cases of Contender Fishing Team, LLC, as Owner of the Vessel
FL3021 NR For Exoneration from or Limitation of Liability v. City of Miami, Case No.: 08-
City of Miami
Page 1 of 2 File Id: 12-00031a (Version: 1) Printed On: 10/27/2017
File Number: 12-00031a Enactment Number: R-12-0041
22268-Civ-Hoeveler, and Richard S. Sol v. City of Miami, et al., Case No.: 08-22498-Civ-Hoeveler,
both pending in the United States District Court, Southern District of Florida, upon the execution of
general releases of all claims and demands, and a dismissal of the City of Miami and Police Officer
Jose Estevez, with prejudice, with funds allocated from Account No.
05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{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 2 of 2 File Id: 12-00031a (Version: 1) Printed On: 10/27/2017