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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #10843 Date: 10/04/2021 Requesting Department: Management Commission Meeting Date: 10/28/2021 Sponsored By: District Impacted: Type: Resolution Subject: Settlement - Humberto Campo vs. City of Miami Purpose of Item: Department of Risk Attached resolution seeks authorization of all claims against the City of Miami ("CITY") by Humberto Campo, in the amount of $175,000.00, which includes $100.00 for a separate general release and separation agreement. Background of Item: The workers compensation actions were brought by Humberto Campo, a retired City of Miami Police Officer, for injuries sustained on June 1, 2007, August 29, 2007, December 12, 2007, et al 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 $174,900 are available from Account No. 50001.301001.524000.0000.00000 and $100.00 are available from Account No. 00001.980000.531010.0000.00000. 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 Reviewed By Department of Risk Management Ann -Marie Sharpe Department Head Review Completed 10/04/2021 9:49 AM Office of Management and Budget Fred Pericles Budget Analyst Review Completed 10/05/2021 9:35 AM Office of Management and Budget Leon P Michel Budget Review Completed 10/06/2021 1:32 PM City Manager's Office Fernando Casamayor Assistant City Manager Review Completed 10/07/2021 11:55 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/07/2021 11:56 AM City Manager's Office Arthur Noriega V City Manager Review Completed 10/07/2021 1:52 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 10/07/2021 3:28 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 10/08/2021 2:25 PM City Commission Maricarmen Lopez Meeting Completed 10/28/2021 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 11/01/2021 7:53 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-21-0440 File Number: 10843 Final Action Date:10/28/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF HUMBERTO CAMPO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $175,000, 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 AGREEMENT, 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 $174,900.00 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, Humberto Campo 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 Department of Risk Management and the Office of the City Attorney 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 $175,000.00; 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 to and on behalf of Humberto Campo and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $175,000.00, 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 agreement, 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 $174,900.00 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 i , na4indez, C ity Attor i ey 101812021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.