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HomeMy Public PortalAbout20-9732 - 25,000.00 Settlement ClaimsSponsored by: City Attorney and City Manager RESOLUTION NO. 20-9732 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO WORK IN CONJUNCTION WITH THE CITY ATTORNEY TO RECOMMEND SETTLEMENT -OF CLAIMS TO THE CITY COMMISSION WITH AN ESTIMATED VALUE OF LESS THAN $25,000.00; AUTHORIZING THE CITY MANAGER TO REFER CERTAIN CLAIMS DIRECTLY TO THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER TO SETTLE CERTAIN NUISANCE VALUE CLAIMS FOR AN AMOUNT LESS THAN $2,500.00, AFTER CONSULTATION WITH THE CITY ATTORNEY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-Locka ("City") is currently insured by the Florida Municipal Insurance Trust (FMIT), where most claims ,referred by the City require a minimum deductible amount of $25,000.00, and where each claim potentially raises the premium amount with FMIT for the following year; and WHEREAS, while working in conjunction with the City Attorney, if the City Manager had some discretionary settlement authority, the City could realize a savings in litigation expenses; and WHEREAS, some claims are filed against the City whereby the City Attorney is in the best position with the most knowledge to successfully defend the City. In those cases, it would be prudent for certain claims to remain with the Opa-Locka City Attorney's Office; and WHEREAS, there are certain nuisance value claims of less than $2,500.00 that could be settled by the City Manager, in consultation with the City Attorney, to avoid costly and needless litigation; and WHEREAS, the City Commission of the City of Opa-Locka desires to authorize the City Manager to settle certain claims, and to refer certain claims in an effort to reduce litigation costs. Resolution No. 20-9732 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Adoption of Representations. The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. Authorizing City Manager, in Consultation with the City Attorney, to Recommend Settlement of Claims to the City Commission and Refer Certain Claims to the City Attorney. The City Commission authorizes the City Manager to work in conjunction with the City Attorney to recommend to the City Commission the settlement of claims with an estimated value of less than $25,000.00. The City Commission further authorizes the City Manager to refer certain claims directly to City Attorney, Burnadette Norris -Weeks, P.A., where that firm would be in the best position to represent the City of Opa-Locka. Section 3. Authorizing Settlement of Municipal Claims for less than $2,500.00. The City Commission hereby authorizes the City Manager to settle, after consultation with the City Attorney, certain nuisance value claims of less than $2,500.00 in the discretion of the City Manager. A quarterly report shall be made to the City Commission of all such claims settled during the quarter starting no later than April 1, 2020. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption by the City Commission of the City of Opa-locka. PASSED and ADOPTED this 12th day of February, 2020. ATTEST: J a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (1#141 )L t r Burnadette Norri Weeks, P.A. Matthew A. Pigatt, Mayor 2 Resolution No. 20-9732 Moved by: Commissioner Burke Seconded by: Commissioner Kelley VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 3