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HomeMy WebLinkAboutR-23-0289City of Miami Resolution R-23-0289 alldl 11 li.Rl I + Legislation File Number: 14178 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LUIS HARAMBOURE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $229,900.00, 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 $229,800.00 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, Luis Haramboure 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 $229,900.00; and WHEREAS, as part of the agreement, the claimant authorized USIS to deduct $9,659.84 from the settlement amount and issue payment to the City, as reimbursement for payroll adjustments paid by the City of Miami on claimant's behalf through payroll for continuation of fringe benefits and other deductions; 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, Luis Haramboure, and his counsel, subject to the conditions imposed by Chapter 440, Florida 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. City of Miami Page 1 of 2 File ID: 14178 (Revision: A) Printed On: 8/3/2023 File ID: 14178 Enactment Number: R-23-0289 Statutes, the total sum of $229,900.00, which includes $100.00 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 $229,800.00 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: ria i dez, C ity Attor iey 713/2023 ria dez, C ity Attor iey 7/25/2023 City of Miami Page 2 of 2 File ID: 14178 (Revision: A) Printed on: 8/3/2023