HomeMy WebLinkAboutLegislationA RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO SETTLE ALL CLAIMS ARISING FROM THE CASE OF MELVIN
COLINDRES AND ALMA COLINDRES, AS PERSONAL REPRESENTATIVES OF
THE ESTATE OF KEVIN COLINDRES, DECEASED AND INDIVIDUALLY VS. CITY
OF MIAMI AND POLICE CHIEF JOHN TIMONEY, CASE NO.: 07-13294 CA 03, IN
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA BYAGREEING TO A CLAIMS BILL IN THE AMOUNT OF $550,000.00;
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE PLAINTIFFS THE
TOTAL SUM OF $226,512.10, IN SATISFACTION OF ALL CLAIMS ARISING FROM
THE SAME, WITH FUNDS ALLOCATED FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, the City of Miami ("City") was sued in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami -Dade County, Florida, in the case of Melvin Colindres and Alma Colindres, as
Personal Representatives of the Estate of Kevin Colindres, deceased and individually vs. City of Miami
and Police Chief John Timoney, Case No.: 07-13294 CA 03, in the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida for a wrongful death arising out of the seizure of an 18 -year-old autistic
man, which took place on December 12, 2006; and
WHEREAS, the matter proceeded to arbitration and arbitrator Murray Greenberg awarded the
Plaintiffs $2.75 million; and
WHEREAS, state statute capped the City's damages at $200,000.00 unless a claims bill was
passed by the Florida Legislature; and
WHEREAS, pursuant to Resolution No. 10-0229, adopted on June 10, 2010, the City Commission
directed the City Attorney not to request a trial de novo from the arbitration award dated April 28, 2010,
to contest any proceedings seeking to obtain a claim bills by the Plaintiffs, and authorized the Director
of Finance to pay the Plaintiffs the aggregate total sum of $200,000.00; and
WHEREAS, the Office of the City Attorney contested all proceedings seeking to obtain a claims bill
from the Florida Legislature for any amounts above the sovereign immunity cap of $200,000.00, which
has already been paid to the Plaintiffs, pursuant to Resolution No. 10-0229; and
WHEREAS, the City's excess insurance carrier for the underlying incident has entered into an
agreement with the Plaintiffs for the entry of a claims bill ordering the City to pay the amount of
$550,000.00 in complete satisfaction of any obligation to the Plaintiffs; and
WHEREAS, the City's excess insurance carrier has agreed that the City will receive credit for
expenditures against the excess insurance policy self-insured retention in an amount of $273,487.90,
including the payment of the sovereign immunity cap to Plaintiffs; and
WHEREAS, the settlement of the claims bill will require that the City pay to the Plaintiffs the
City ofMiand Page 1 of 2 File Irl: 16-00172 (Version: 1) Printed On: 2/812016
City of Miami
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Resolution
File Number: 16-00172
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO SETTLE ALL CLAIMS ARISING FROM THE CASE OF MELVIN
COLINDRES AND ALMA COLINDRES, AS PERSONAL REPRESENTATIVES OF
THE ESTATE OF KEVIN COLINDRES, DECEASED AND INDIVIDUALLY VS. CITY
OF MIAMI AND POLICE CHIEF JOHN TIMONEY, CASE NO.: 07-13294 CA 03, IN
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA BYAGREEING TO A CLAIMS BILL IN THE AMOUNT OF $550,000.00;
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE PLAINTIFFS THE
TOTAL SUM OF $226,512.10, IN SATISFACTION OF ALL CLAIMS ARISING FROM
THE SAME, WITH FUNDS ALLOCATED FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, the City of Miami ("City") was sued in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami -Dade County, Florida, in the case of Melvin Colindres and Alma Colindres, as
Personal Representatives of the Estate of Kevin Colindres, deceased and individually vs. City of Miami
and Police Chief John Timoney, Case No.: 07-13294 CA 03, in the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida for a wrongful death arising out of the seizure of an 18 -year-old autistic
man, which took place on December 12, 2006; and
WHEREAS, the matter proceeded to arbitration and arbitrator Murray Greenberg awarded the
Plaintiffs $2.75 million; and
WHEREAS, state statute capped the City's damages at $200,000.00 unless a claims bill was
passed by the Florida Legislature; and
WHEREAS, pursuant to Resolution No. 10-0229, adopted on June 10, 2010, the City Commission
directed the City Attorney not to request a trial de novo from the arbitration award dated April 28, 2010,
to contest any proceedings seeking to obtain a claim bills by the Plaintiffs, and authorized the Director
of Finance to pay the Plaintiffs the aggregate total sum of $200,000.00; and
WHEREAS, the Office of the City Attorney contested all proceedings seeking to obtain a claims bill
from the Florida Legislature for any amounts above the sovereign immunity cap of $200,000.00, which
has already been paid to the Plaintiffs, pursuant to Resolution No. 10-0229; and
WHEREAS, the City's excess insurance carrier for the underlying incident has entered into an
agreement with the Plaintiffs for the entry of a claims bill ordering the City to pay the amount of
$550,000.00 in complete satisfaction of any obligation to the Plaintiffs; and
WHEREAS, the City's excess insurance carrier has agreed that the City will receive credit for
expenditures against the excess insurance policy self-insured retention in an amount of $273,487.90,
including the payment of the sovereign immunity cap to Plaintiffs; and
WHEREAS, the settlement of the claims bill will require that the City pay to the Plaintiffs the
City ofMiand Page 1 of 2 File Irl: 16-00172 (Version: 1) Printed On: 2/812016
File Number, 16-00172
amount of $226,512.10 and the excess insurance carrier will pay directly to the Plaintiffs the balance
due of $323,487.90 for a total amount of $550,000.00; and
WHEREAS, the Office of the City Attorney has investigated these claims and the lawsuit, pursuant
to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends settlement of the matter by agreeing to a claims bill in the amount of $550,000.00.
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 settle all claims arising Melvin Colindres and
Alma Colindres, as Personal Representatives of the Estate of Kevin Colindres, deceased and
individually vs. City of Miami and Police Chief John Timoney, Case No.: 07-13294 CA 03 by agreeing
to a claims bill in the amount of $550,000.00,
Section 3. The Director of Finance is authorized to pay the Plaintiffs the total sum of $226,512.10,
in satisfaction of all claims arising from Melvin Colindres and Alma Colindres, as Personal
Representatives of the Estate of Kevin Colindres, deceased and individually vs. City of Miami and
Police Chief John Timoney, Case No.: 07-13294 CA 03, with funds allocated from Account No.
50001.301001.545010.0000.00000,
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICVbRIA MffNDEZ
f' -
CITY ATTORNEY Hl 'I /I
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
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.
City of Mia nri Page 2 of 2 File Id: 16-00172 (Version: 1) Printed Ow 21812016