HomeMy WebLinkAboutAgenda Item Summary Formt 7..
AGENDA ITEM SUMMARY FORM
: File ID: #11206
Date: 12/14/2021 Requesting Department: Department of Risk
Management
Commission Meeting Date: 02/10/2022 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Settlement - Clinton Hanks
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Clinton Hanks, in the amount of $155,000.00, which includes $100.00 for a separate
general release and resignation agreement.
Background of Item:
The workers compensation actions were brought by Clinton Hanks, a City of Miami
Waste Collector for the Solid Waste Department, for injuries sustained on August 8,
2011 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 $154,900.00 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 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
12/22/2021 3:28 PM
Office of Management and Budget
Fred Pericles
Budget Analyst Review
Completed
01/04/2022 7:44 AM
Office of Management and Budget
Marie Gouin
Budget Review
Completed
01/04/2022 10:59 AM
Department of Risk Management
Ann -Marie Sharpe
Risk Review
Completed
01/04/2022 2:42 PM
City Manager's Office
Fernando Casamayor
Assistant City Manager Review
Completed
01/14/2022 9:58 AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
01/14/2022 10:26 AM
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
01/18/2022 10:22 AM
Office of the City Attorney
Barnaby L. Min
Deputy City Attorney Review
Completed
01/18/2022 10:57 AM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
01/18/2022 5:52 PM
City Commission
Maricarmen Lopez
Meeting
Completed
01/27/2022 9:00 AM
City Commission
Maricarmen Lopez
Meeting
Completed
02/10/2022 9:00 AM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
02/16/2022 6:18 PM
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City of Miami
City Hall
I1f 111 111T11 X'
„ 11 3500 Pan American Drive
Legislation Miami, FL 33133
r R % www.miamigov.com
Resolution
Enactment Number: R-22-0049
File Number: 11206 Final Action Date:2/10/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF CLINTON HANKS, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $155,000.00, 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 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 $154,900.00
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, Clinton Hanks 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 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 $155,000.00;
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 Clinton
Hanks, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$155,000.00, which includes $100.00 for a separate general release, in full settlement of any
and all claims and dates of accidents 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 $154,900.00 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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ryt6ri i dez, ity ttor ey 1/18/2022
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.