HomeMy WebLinkAboutAgenda Item Summary Form1IV OF
Hw `93 AGENDA ITEM SUMMARY FORM
File ID: #7554
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Date: 06/15/2020 Requesting Department: Department of Risk
Management
Commission Meeting Date: 07/23/2020 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Settlement - Michelle Williams
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Michelle Williams, in the amount of $60,000.00, including $100.00 for a separate
general release, in full settlement of all claims and dates of accident alleged against the
City of Miami, it's officers, agents and employees without admission of liability upon
executing a settlement, hold harmless and indemnification agreement.
Background of Item:
The workers compensation actions were brought by Michelle Williams, a retired City of
Miami Police Officer, for all dates of accident sustained in 2003, 2005 and 2007 in the
course and scope of her employment with the City of Miami.
The Office of the City Attorney has investigated and evaluated these claims and dates
of accidents and has approved the recommendation to settle all workers compensation
indemnity and medical benefits (except for past authorized treatments that remain
unpaid), including any unauthorized treatment, for all dates of accident. Funds, in the
amount of $59,900.00 are available from Account No.
50001.301001.524000.0000.00000 and $100.00 are available from Account No.
Budget Impact Analysis
Item has NO budget impact
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
06/16/2020 9:42 AM
Office of Management and Budget
Fred Pericles
Budget Analyst Review
Completed
06/19/2020 9:49 AM
Office of Management and Budget
Christopher M Rose
Budget Review
Completed
06/24/2020 8:38 AM
City Manager's Office
Sandra Bridgeman
Assistant City Manager Review
Completed
07/01/2020 6:53 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
07/02/2020 8:55 AM
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
07/02/2020 10:48 AM
Office of the City Attorney
Barnaby L. Min
Deputy City Attorney Review
Completed
07/02/2020 12:48 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/13/2020 10:58 AM
City Commission Nicole Ewan Meeting Completed 07/23/2020 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 07/27/2020 8:37 AM
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF MICHELLE WILLIAMS, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $60,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE,
IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT 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 $59,900.00 FROM
ACCOUNT 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, Michele Williams has alleged various dates of accident in the course and
scope of her employment with the City of Miami ("City") and 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 in consultation of the Office of the City
Attorney has investigated all these dates of accident and claims pursuant to Sections 18-221
through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that all
dates of accident and claims be settled for the sum of $60,000.00, which includes $100.00 for a
separate general release;
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 to and on behalf of Michelle
Williams and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $60,000.00, which includes $100.00 for the separate general release, in full
settlement of any and all claims and dates of accident 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 $59,900.00 allocated from Account No 50001.301001.524000.0000.00000 and
funds in the amount of $100.00 allocated from Account No. 00001.980000.531010.0000.00000.
' 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
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City of Miami
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City Hall
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Legislation
3500 Pan American Drive
Miami, FL 33133
Resolution
www.miamigov.com
Enactment Number: R-20-0210
File Number: 7554
Final Action Date:7/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF MICHELLE WILLIAMS, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $60,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE,
IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT 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 $59,900.00 FROM
ACCOUNT 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, Michele Williams has alleged various dates of accident in the course and
scope of her employment with the City of Miami ("City") and 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 in consultation of the Office of the City
Attorney has investigated all these dates of accident and claims pursuant to Sections 18-221
through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that all
dates of accident and claims be settled for the sum of $60,000.00, which includes $100.00 for a
separate general release;
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 to and on behalf of Michelle
Williams and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $60,000.00, which includes $100.00 for the separate general release, in full
settlement of any and all claims and dates of accident 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 $59,900.00 allocated from Account No 50001.301001.524000.0000.00000 and
funds in the amount of $100.00 allocated from Account No. 00001.980000.531010.0000.00000.
' 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
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
w ria ndez, ity Attor iey 7/1312020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.