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HomeMy WebLinkAboutAgenda Item Summary Forme,,.„A„ * AGENDA ITEM SUMMARY FORM � File ID: #13993 Og4 Date: 05/10/2023 Requesting Department: Department of Risk Management Commission Meeting Date: 05/25/2023 Sponsored By: District Impacted: N/A Type: Subject: Resolution Settlement - Paula Medino Purpose of Item: Attached resolution seeks authorization of all claims against the City of Miami ("CITY") by Paula Medino, in the amount of $75,000.00, which includes $100.00 for a separate general release. Background of Item: The workers compensation actions were brought by Paula Medino, a former City of Miami Solid Waste Collector for the City of Miami, for injuries sustained on November 14, 2014, in the course and scope of her 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 $74,900.00 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 an Expenditure Item is NOT Related to Revenue 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 05/11/2023 10:08 AM Office of Management and Budget Fred Pericles Budget Analyst Review Completed 05/12/2023 10:04 AM Office of Management and Budget Marie Gouin Budget Review Completed 05/15/2023 1:35 PM City Manager's Office Larry M. Spring Assistant City Manager Review Completed 05/16/2023 2:29 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 05/16/2023 2:30 PM City Manager's Office Arthur Noriega V City Manager Review Completed 05/16/2023 3:00 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 05/16/2023 4:14 PM City Commission Maricarmen Lopez Meeting Completed 05/25/2023 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 05/30/2023 4:24 PM of .�f City of Miami CityHall * iM°nr H°TF° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0236 File Number: 13993 Final Action Date:5/25/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF PAULA MEDINO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $75,000.00, 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 $74,900.00 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, Paula Medino has alleged dates of accident in the course and scope of her 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 $75,000.00; 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, PAULA MEDI NO, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $75,000.00, 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 $74,900.00 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 611612023 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.