HomeMy WebLinkAboutAgenda Item Summary FormC,AN UF..4y
AGENDA ITEM SUMMARY FORM
File ID: #13596
Date: 03/02/2023 Requesting Department: Department of Risk
Management
Commission Meeting Date: 03/23/2023 Sponsored By:
District Impacted: All
Type: Resolution
Subject: Settlement - Nathaniel Dauphin
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Nathaniel Dauphin, in the amount of $95,000.00, which includes $100.00 for a
separate general release and resignation agreement.
Background of Item:
The workers compensation actions were brought by Nathaniel Dauphin, a former City of
Miami Police Officer for the Miami Police Department, for injuries sustained on
September 24, 2008, and November 5, 2009, in the course and scope of his
employment with the City of Miami.
The Office of the City Attorney has investigated and evaluated these claim and date of
accident and has approved the recommendation of this settlement. Funds, in the
amount of $94,900.00 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
00001.980000.531010.0000.00000
Reviewed By
Department of Risk Management
Ann -Marie Sharpe
Department Head Review
Completed
03/02/2023 8:50 AM
Office of Management and Budget
Marie Gouin
Budget Review
Completed
03/02/2023 12:17 PM
Department of Risk Management
Ann -Marie Sharpe
Risk Review
Completed
03/10/2023 11:25 AM
City Manager's Office
Larry M. Spring
Assistant City Manager Review
Completed
03/14/2023 1:59 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
03/14/2023 2:05 PM
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
03/14/2023 3:11 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
03/14/2023 3:50 PM
City Commission
Maricarmen Lopez
Meeting
Completed
03/23/2023 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 03/28/2023 3:16 PM
of
.�f City of Miami CityHall
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11 °° Legislation 3500 Pan American Drive
g Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-23-0142
File Number: 13596 Final Action Date:3/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF NATHANIEL DAUPHIN, SUBJECT
TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE
TOTAL SUM OF $95,000.00, 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 $94,900.00
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, Nathaniel Dauphin has alleged 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 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 $95,000.00;
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, Nathaniel
Dauphin, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $95,000.00, which includes $100 for the separate general release, in full
settlement of any and all claims and date 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 $94,900.00 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 3/1412023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.