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2016-29397 Reso RESOLUTION NO. 2016-29397 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO THE SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY RAFAEL CABRERA ROSARIO AGAINST THE CITY OF MIAMI BEACH, AND AUTHORIZING THE . PAYMENT OF $150,000 FROM THE CITY'S RISK MANAGEMENT FUND TO SETTLE THE CLAIM, PURSUANT TO SECTION §768.28 OF THE FLORIDA STATUTES; AND FURTHER AUTHORIZING THE OFFICE OF RISK MANAGEMENT TO EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS. WHEREAS, On March 28, 2012, Rafael Cabrera Rosario, a blind pedestrian, was struck by a City of Miami Beach vehicle at the crosswalk of Meridian Avenue and 6th Street, which resulted in serious injuries, including the amputation of the fourth metatarsal; and WHEREAS, Rafael Cabrera Rosario retained Carlos Zuniga, Esquire to represent him in resolving a claim with the City of Miami Beach related to his personal injuries of March 28, 2012 and, pursuant to Section 768.28 of the Florida Statutes, filed said claim with the City on April 24, 2012; and WHEREAS, following negotiations between the City's Risk Management Office, the City Attorney's Office, and the attorney representing Mr. Rosario, a settlement without admission of liability was reached to resolve all claims between the parties related to the subject personal injury claim and the Mayor and City Commission consent to the terms of the settlement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby consent to the settlement of the personal injury claim filed by Rafael Cabrera Rosario against the City of Miami Beach, and authorize the payment of $150,000 from the City's Risk Management fund to settle the claim, without admission of liability, pursuant to Section §768.28 of the Florida Statutes; and further authorize the execution of any and all settlement documents by the City's Office of Risk Management. PASSED AND ADOPTED this // day of Ma , 2016. ATTEST: jiiii,i„,;,/"/, ../"_/,, /,. ///V /07 •����...„.0,,,,, Philip Le'ine�� i .,o' � r 0\ B St, ,, ., , & I f / V R ael E. anado, City I._, k �,.,.�� � a * 1 APc?n\,/mr AS TO :.INCORP ORATED. - FORM UAGE T:\AGENDA\2016\May\Human Reso Cabrer. °„ -rio Settleigr9 Reso.docx -' �N &FOR Ex`. s+oou.m.m %--\F:574.''•..\..-/•...•, 2€'; Date Ll`:w •�`''0 City Attot g; v era ivid Am BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI I'N MEMORAMDUM TO: Mayor Philip Levine and Members oft e City C./if mission FROM: Jimmy L. Morales, City Manager ���; � _,, DATE: May 11, 2016 SUBJECT: A RESOLUTION OF THE MAYO;" AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, C•NSENTING TO A SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY RAFAEL CABRERA ROSARIO AGAINST THE CITY OF MIAMI BEACH, AND PAYING $150,000 FROM THE CITY'S RISK MANAGEMENT FUND, PURSUANT TO FLORIDA STATUTE §768.28; AND FURTHER AUTHORIZING THE EXECUTION BY THE OFFICE OF RISK MANAGEMENT OF ANY AND ALL SETTLEMENT DOCUMENTS. BACKGROUND Pursuant to Resolution #90-19982, the City Manager and the City Attorney or their respective designees are authorized to settle claims up to an amount of$100,000 per claim against the City of Miami Beach Self Insurance Fund. All settlements in excess of$100,000 require commission approval. On April 13, 2016, there was a closed executive session held with the Mayor and Commission to discuss an offer of compromise regarding the subject claim. On March 28, 2012, Rafael Cabrera Rosario, a blind pedestrian, was struck by a City of Miami Beach vehicle at the crosswalk of Meridian Avenue and 6th Street, which resulted in serious injuries, including the amputation of the fourth metatarsal. Mr. Rosario retained Attorney Carlos Zuniga to represent him in resolving this matter with the City of Miami Beach, and pursuant to Florida Statue §768.28, filed a claim on April 24, 2012. Currently, the cap to resolve tort claims is $200,000 per person/300,000 per incident (effective October 1, 2011). The staff of Risk Management and the City Attorney's Offices negotiated a settlement to resolve this matter with the claimant's attorney, avoiding litigation that could possibly result in a verdict that exceeds the cap. Subject to the terms of the settlement Agreement, the claimant and the City, without admission of liability, have agreed to resolve any and all claims and disputes by and between them, for which the City will pay $150,000. RECOMMENDATION It is recommended that the City adopt the proposed resolution. JLM/MT/SC-T T:\AGENDA\2016\May\Human Resources\R.Cabrera Rosario Settlement Memo.docx Agenda Item C a Date S--11-14