HomeMy WebLinkAboutAgenda Item Summary Formo
y� AGENDA ITEM SUMMARY FORM
II ° File ID: #9198
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Date: 06/10/2021 Requesting Department:
Management
Commission Meeting Date: 07/08/2021 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Settlement - Joseph Fleres
Purpose of Item:
Department of Risk
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Joseph Fleres, in the amount of $50,100.00, including $100.00 for a separate
general release, in full settlement of all claims and dates of accident/occupational
diseases 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 Joseph Fleres, a retired City of
Miami Police Officer, for date of accident sustained on February 8, 2002 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 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 $50,000.00 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
06/10/2021 11:51 AM
Office of Management and Budget
Fred Pericles Budget Analyst Review
Completed
06/22/2021 12:35 PM
Office of Management and Budget
Leon P Michel Budget Review
Completed
06/22/2021 8:28 PM
City Manager's Office
Fernando Casamayor Assistant City Manager Review
Completed
06/22/2021 10:19 PM
Legislative Division
Valentin J Alvarez Legislative Division Review
Completed
06/23/2021 9:46 AM
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
06/28/2021 5:34 PM
Office of the City Attorney
Barnaby L. Min
Deputy City Attorney Review
Completed
06/28/2021 5:44 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
06/28/2021 6:06 PM
City Commission
Nicole Ewan
Meeting
Completed
07/08/2021 9:00 AM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
07/12/2021 5:27 PM
GSY v
City of Miami
City Hall
LeLegislation
3500 Pan American Drive
g Miami, FL 33133
R Resolution www.miamigov.com
Enactment Number: R-21-0279
File Number: 9198 Final Action Date:7/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF JOSEPH FLERES, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $50,100.00, 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
IN THE AMOUNT OF $50,000.00 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, Joseph Fleres has alleged various dates of accident in the course and
scope of his 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 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 ("City Code"), and recommend
that all dates of accident and claims be settled for the sum of $50,100.00, which includes
$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 Joseph
Fleres and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the
total sum of $50,100.00, 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 in the amount of
' 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.
$50,000.00 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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i : nde` z, Ci[y Attor iey 6/28/2021
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.