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Resolution 2020-31202 RESOLUTION NO. 2020-31202 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY THE ESTATE OF IVONE REYES AGAINST THE CITY OF MIAMI BEACH, AND PAYING $300,000.00 FROM THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE §768.28; AND FURTHER AUTHORIZING THE EXECUTION OF ANY AND ALL SETTLEMENT DOCUMENTS BY THE OFFICE OF RISK MANAGEMENT. WHEREAS, On March 25, 2019, Ivone Reyes, a 68-year old resident, was traveling home in her personal vehicle when she was involved in an accident with a City of Miami Beach police officer who was in pursuit of a stolen vehicle at or near 76th Street and Byron Avenue, Miami Beach; and WHEREAS, following the accident, Ms. Reyes sustained substantial injuries and died at Jackson Memorial Hospital Trauma Center due to her injuries; and WHEREAS, the Estate of Ivone Reyes retained Silva & Silva, P.A. to represent them in a wrongful death claim against City of Miami Beach, and, pursuant to Florida Statute §768.28, filed said claim on May 6, 2019; and WHEREAS, if the Claimant were successful in the litigation of this claim, a judgment for damages, attorneys' fees and costs could exceed the statutory cap of $300,000 and expose the City to a Claims Bill that could potentially be in the millions; and WHEREAS, after investigation into this matter by the City's Office of Risk Management, the Police Department and the City Attorney's Office, and considering the potential exposure to the City in excess of the statutory cap, the City reached a settlement with the Estate of Ivone Reyes; and WHEREAS, 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 $300,000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby consent to a settlement of a personal injury claim filed by the estate of Ivone Reyes against the City of Miami Beach, and paying $300,000.00 from the City's Risk Management fund pursuant to Florida Statute §768.28; and further authorize the execution of any and all settlement documents by the Office of Risk Management. PASSED AND ADOPTED this ft day of at' , 2020. ATTEST: Dan Gelber, Mayor 3 (9i Rafa I E. Granado, Ci y Clerk ` , 1; � y APPROVED AS TO !INCORP D ATED: = F' & LANGUAGE XECUTION .20 Attorney ate Resolutions-C7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 18, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY THE ESTATE OF IVONE REYES AGAINST THE CITY OF MIAMI BEACH, AND PAYING $300,000.00 FROM THE CITY'S RISK MANAGEMENT FUND PURSUANT TO FLORIDA STATUTE §768.28; AND FURTHER AUTHORIZING THE EXECUTION OF ANY AND ALL SETTLEMENT DOCUMENTS BY THE OFFICE OF RISK MANAGEMENT. RECOMMENDATION Administration recommends consent to settlement. BACKGROUND/HISTORY Pursuant to Resolution No. 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 March 25, 2019 lvone Reyes, a 68-year old resident, was traveling home in her personal vehicle when she was involved in an accident with a City of Miami Beach police officer who was in pursuit of a stolen vehicle at or near 76th Street and Byron Avenue, Miami Beach. Following the accident, Ms. Reyes sustained substantial injuries and died at Jackson Memorial Hospital Trauma Center due to her injuries. The Estate of lvone Reyes retained Silva & Silva, P.A. to represent them in a wrongful death claim against the City of Miami Beach, and pursuant to Florida Statute §768.28 filed said claim on May 6, 2019. After investigation into this matter with Risk Management, the Police Department and the City Attorney's Office, and considering the potential exposure for a Claims Bill that could be in the millions, the City reached a settlement of $300,000. 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. Page 487 of 1097 CONCLUSION Administration recommends consent to settlement. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Human Resources ATTACHMENTS: Description o Reso Page 488 of 1097