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HomeMy WebLinkAboutAgenda Item Summary Form1IV OF Hw `93 AGENDA ITEM SUMMARY FORM File ID: #7733 o..Ryl. Date: 08/03/2020 Requesting Department: Department of Risk Management Commission Meeting Date: 09/10/2020 Sponsored By: District Impacted: All Type: Resolution Subject: Settlement - Sandra Green Purpose of Item: Attached resolution seeks authorization of all claims against the City of Miami ("CITY") by Sandra Green, in the amount of $27,500.00, 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 Sandra Green, a retired City of Miami Police Officer, for all dates of accident sustained in 2008, 2009, 2016 and 2017 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 $27,400.00 are available from Account No. 50001.301001.524000.0000.00000 and $100.00 are available from Account No. 0000 1. 980000.531010. 0000. 00000. 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 08/03/2020 1:27 PM Office of Management and Budget Fred Pericles Budget Analyst Review Completed 08/05/2020 9:38 AM Office of Management and Budget Christopher M Rose Budget Review Completed 08/25/2020 6:10 AM City Manager's Office Sandra Bridgeman Assistant City Manager Review Completed 08/26/2020 9:18 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 08/26/2020 10:00 AM City Manager's Office Arthur Noriega V City Manager Review Completed 08/26/2020 4:06 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 08/27/2020 9:05 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 08/27/2020 7:53 PM City Commission Nicole Ewan Meeting Completed 09/10/2020 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 09/16/2020 2:48 PM OF .�f City of Miami CityHall * iMonr HATFO * os I Legislation g 3500 Pan American Drive > Miami, FL 33133 R_� Resolution www.miamigov.com Enactment Number: R-20-0250 File Number: 7733 Final Action Date:9/10/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF SANDRA GREEN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $27,500.00, INCLUSIVE OF COSTS AND ATTORNEYS' FEES, AS 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 FROM THE INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000 AND/OR INDEX CODE NO. 0000 1. 980000.531010. 0000. 00000. WHEREAS, Sandra Green has alleged various dates of accident in the course and scope of her 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 Office of the City Attorney and the Department of Risk Management have 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 recommend that all dates of accident and claims be settled for the sum of $27,500.00, which includes one hundred dollars ($100.00) for a separate release of the City, its present and former officers, agents, and employees from any and all claims and demands; 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 Sandra Green and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $27,500.00, which includes $100.00 for a separate 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 release of the City, its present and former officers, agents, and employees from any and all claims and demands with funds allocated from the Internal Service Fund, Index Code No. 50001.301001.524000.0000.00000 and/or Index Code 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 i , na4indE�z, CiFy Attor iey 8/2712020 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.