Loading...
Resolution 2022-32330 RESOLUTION NO. 2022-32330 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, VESTING IN THE CITY MANAGER AND CITY ATTORNEY OF MIAMI BEACH, FLORIDA, OR THEIR RESPECTIVE DESIGNEE(S), AUTHORITY TO SETTLE ALL CLAIMS (LIABILITY AND WORKERS COMPENSATION) FOR AMOUNTS UP TO AND INCLUDING $200,000.00 PER CLAIMANT FILED AGAINST THE CITY OF MIAMI BEACH SELF INSURANCE FUND. WHEREAS, pursuant to Section 4.02(k) of the Miami Beach City Charter, the City Manager is authorized to perform duties prescribed by the City Commission via Resolution; and. WHEREAS, as of December 11, 1985, the City of Miami Beach became fully self-insured in the area of liability claims and as of December 1, 1986 became self-insured in the area of workers compensation; and. WHEREAS, review of these insurance claims has been handled in-house since February of 1986 via the passage of City of Miami Beach Resolution No. 86-18387; and WHEREAS, via the passage of City of"Miami Beach Resolution No. 90-19982, the City Manager and the City Attorney of the City of Miami Beach or their respective designees are presently vested with the authority to authorize settlements for all self-insurance claims (liability and workers compensation) for amounts up to and including $100,000.00 filed against the City of Miami Beach Self Insurance Fund; and WHEREAS, via the passage and enactment of Florida Senate Bill 2060 (2010), effective October 1, 2011, the sovereign immunity cap in section 768.28 of the Florida Statutes was increased from $100,000.00 per claimant to $200,000.00 per claimant (among other modifications), thereby warranting an updated dollar amount in the settlement authority authorized via the passage of City of Miami Beach Resolution No. 90-19982; and WHEREAS, for purposes of ensuring expedition of case settlements, including but not limited to cases brought pursuant to section 768.28 of the Florida Statutes, the settlement authority vested in the City Manager and the City Attorney of the City of Miami Beach or their respective designee(s) should be modified to grant the authority to authorize settlements for all self-insurance claims (liability and workers compensation) for amounts up to and including $200,000.00 per claimant. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: the City Manager and the City Attorney of the City of Miami Beach or their respective designee(s) are vested with the authority to authorize settlements for all self-insurance claims (liability and workers compensation) for amounts up to and including $200,000.00 per claimant filed against the City of Miami Beach Self Insurance Fund. PASSED and ADOPTED this 28th day of September, 2022. ATTEST: ��,,�pan Gelber, Mayor `./ • APPROVED AS TO Rafael E. anado, City Clerk FORM&LANGUAGE ACORP ORATED; = &FOR EXECUTION (Sponsored by Mayor Dan Gelber) ;v •. ry.:a�'' Chi U 1 2 SEP 2 9 2022 i �ttomey Data Resolutions C7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, CityAttomey DATE: September 28, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, 'FLORIDA, VESTING IN THE CITY MANAGER AND CITY ATTORNEY OF MIAMI BEACH, FLORIDA, OR THEIR RESPECTIVE DESIGNEE(S), AUTHORITY TO SETTLE ALL CLAIMS (LIABILITY AND WORKERS COMPENSATION) FOR AMOUNTS UP TO AND INCLUDING $200,000.00 PER CLAIMANT FILED AGAINST THE CITY OF MIAMI BEACH SELF INSURANCE FUND. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION See attached Commission Memorandum. Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS: Description d Commission Memorandum Page 15 of 508 o Resolution Page 16 of 508 MIAMI EAC City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: September 28, 2022tzrQ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, VESTING IN THE CITY MANAGER AND CITY ATTORNEY OF MIAMI BEACH, FLORIDA, OR THEIR RESPECTIVE DESIGNEE(S), AUTHORITY TO SETTLE ALL CLAIMS (LIABILITY AND WORKERS. COMPENSATION) FOR AMOUNTS UP TO AND INCLUDING $200,000.00 PER CLAIMANT FILED AGAINST THE CITY OF MIAMI BEACH SELF INSURANCE FUND. The proposed Resolution, which is sponsored by Mayor. Dan Gelber, is submitted for consideration by the City Commission at the September 28, 2022 Commission meeting. RECOMMENDATION For the reasons outlined in this Memorandum, the Administration recommends that the City Commission modify the authority vested via City of Miami Beach Resolution No. 90-19982 by granting the City Manager and the City Attorney of the City of Miami Beach or their respective designee(s) authority to authorize settlements for all self-insurance claims (liability and workers compensation)for amounts up to and including $200,000.00 per claimant filed against the City of Miami Beach Self Insurance Fund (increased from $100,000.00). BACKGROUND As of December 11, 1985, the City of Miami Beach became fully self-insured in the area of liability claims and as of December 1, 1986 became self-insured in the area of workers compensation. Review of these insurance claims has been handled in-house since February of 1986 via the passage of City of Miami Beach Resolution No. 86-18387. Pursuant to City of Miami Beach Resolution No. 90-19982,the City Manager and the City Attorney of the City of Miami Beach or their respective designees are presently vested with,the authority to authorize settlements for all self-insurance claims (liability and workers compensation) for amounts up to and including $100,000.00 filed against the City of Miami Beach Self Insurance Fund. However, pursuant to the passage and enactment of Florida Senate Bill 2060 (2010), effective October 1, 2011, the sovereign immunity cap in section 768.28 of the Florida Statutes was increased from $100,000.00 per claimant to $200,000.00 per claimant (among other Page 17 of 508 Commission Memorandum September 28, 2022 Page 2 modifications),thereby warranting an updated dollar amount in the settlement authority authorized pursuant to the passage of City of Miami Beach Resolution No. 90-19982. For purposes of ensuring expedition of case settlements, including, but not limited to, cases brought pursuant to section 768.28 of the Florida Statutes, the settlement authority vested in the City Manager and the City Attorney of the City of Miami Beach or their respective designee(s) should be modified to grant the authority to authorize settlements for all self-insurance claims (liability and workers compensation) for amounts up to and including $200,000.00 per claimant. FISCAL IMPACT Pursuant to Section 2-12 of the City Code, the proposed resolution will not result in an anticipated increase in budgeted revenues or expenditures of the City in.this fiscal year, or in the next fiscal year. RAP/RFR/ag Page 18 of 508