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