HomeMy WebLinkAboutAgenda Item Summary Form�w
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AGENDA ITEM SUMMARY FORM
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,9Q File ID: #7229
Date: 03/16/2020 Requesting Department: Department of Risk
Management
Commission Meeting Date: 04/09/2020 Sponsored By:
District Impacted:
Type: Resolution
Subject: Settlement - Jonathan Yavneh vs City of Miami
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Jonathan Yavneh, in the amount of $53,250.00, which includes $100.00 for a
separate general release and resignation agreement.
Background of Item:
The workers compensation actions were brought by Jonathan Yavneh, a City of Miami
Police Officer for the Police Department, for injuries sustained on October 26th, 2016
and December 8th, 2012 in the course and scope of his employment with the City of
Miami.
The Office of the City Attorney has investigated and evaluated these claims and dates
of accident and has approved the recommendation of this settlement. Funds, in the
amount of $53,150.00 are available from Account No.
50001.301001.524000.0000.00000 and $100.00 are available from Account No.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
00001.980000.531010.0000.00000
Reviewed By
Department of Risk Management
Ann -Marie Sharpe
Department Head Review
Completed
02/26/2020 4:35 PM
Office of Management and Budget
Fred Pericles
Budget Analyst Review
Completed
03/11/2020 10:45 AM
Office of Management and Budget
Christopher M Rose
Budget Review
Completed
03/11/2020 12:28 PM
City Manager's Office
Sandra Bridgeman
Assistant City Manager Review
Completed
03/13/2020 10:15 AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
03/13/2020 11:28 AM
City Manager's Office
Arthur Noriega V
City Manager Revew
Completed
03/18/2020 12:54 PM
Office of the City Attorney
Barnaby L. Min
Deputy City Attorney Review
Completed
03/18/2020 1:22 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
03/19/2020 12:21 PM
City Commission
Nicole Ewan
Meeting
Completed
04/09/2020 9:00 AM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
04/13/2020 1:45 PM
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JONATHAN YAVNEH, SUBJECT TO THE CONDITIONS
IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF
$53,250.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL
SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT, EXCEPT THE MEDICAL
PORTION TO THE DECEMBER 30, 2008 CLAIM, ALLEGED AGAINST THE CITY OF
MIAMI ("CITY'), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT
ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS,
AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE
CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM
ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF
$53,150.00 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR
THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, Jonathan Yavneh has alleged various dates of accident in the course and
scope of his employment with the City of Miami ("City") and has filed claims against the City with
the Division of Administrative Hearings, Office of the Judge of Compensation Claims; and
WHEREAS, the Department of Risk Management and the Office of the City Attorney
have investigated all dates of accidents and claims pursuant to Sections 18-221 through 18-
232 of the Code of the City of Miami, Florida, as amended, and recommend that all dates of
accidents and claims be settled for the sum of $53,250.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Jonathan Yavneh and his
counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$53,250.00, which includes $100.00 for a separate general release, in full settlement of any and
all claims and dates of accidents, except the medical portion to the December 30, 2008 claim,
alleged against the City, its officers, agents, and employees, without admission of liability, upon
executing a settlement, hold harmless, and indemnification agreement as well as a general
release of the City, its present and former officers, agents, and employees from any and all
claims and demands with funds in the amount of $53,150.00 allocated from Internal Service
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
-,IV ov .
City of Miami
City Hall
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Legislation
3500 Pan American Drive
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Miami, FL 33133
Resolution
www.miamigov.com
Enactment Number: R-20-0097
File Number: 7229
Final Action Date:4/9/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY JONATHAN YAVNEH, SUBJECT TO THE CONDITIONS
IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF
$53,250.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL
SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT, EXCEPT THE MEDICAL
PORTION TO THE DECEMBER 30, 2008 CLAIM, ALLEGED AGAINST THE CITY OF
MIAMI ("CITY'), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT
ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS,
AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE
CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM
ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF
$53,150.00 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR
THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, Jonathan Yavneh has alleged various dates of accident in the course and
scope of his employment with the City of Miami ("City") and has filed claims against the City with
the Division of Administrative Hearings, Office of the Judge of Compensation Claims; and
WHEREAS, the Department of Risk Management and the Office of the City Attorney
have investigated all dates of accidents and claims pursuant to Sections 18-221 through 18-
232 of the Code of the City of Miami, Florida, as amended, and recommend that all dates of
accidents and claims be settled for the sum of $53,250.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Jonathan Yavneh and his
counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$53,250.00, which includes $100.00 for a separate general release, in full settlement of any and
all claims and dates of accidents, except the medical portion to the December 30, 2008 claim,
alleged against the City, its officers, agents, and employees, without admission of liability, upon
executing a settlement, hold harmless, and indemnification agreement as well as a general
release of the City, its present and former officers, agents, and employees from any and all
claims and demands with funds in the amount of $53,150.00 allocated from Internal Service
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Fund, Index Code No. 50001.301001.524000.0000.00000 and funds in the amount of $100.00
allocated from Account No. 00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
iria i "nde- ez Ci y Attor iey 3119/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.