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Home My WebLink AboutScrivener's Error Memo;CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorncy2- DATE: July 24, 2023 vv RE: Resolution No, R-23-0289 — Settlement - Luis Haramboure File No. 14178 At its July 13, 2023, meeting, the City Commission adopted the above referenced agenda item, CA.2, authorizing the Director of Finance to pay to and on behalf of, Luis Haramboure, and his counsel, the total surn of $229,900.00, which includes $100 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. The item inadvertently published with an incorrect description of the effective date. The Legislation has been corrected and incremented to Revision A. VM/vja Enclosure(s) �^w '� � � � SAl r` -• �.q Nan 7 S' ail" , &ror City of Miami Resolution R-23-0289 Legislation File Number: 14178 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.ccm 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 TH,E 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 a0d 'scope'bf his employment with the City of Miami ("City"), and filed claims against the City with :the.Div Ist,on 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: 712612023 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: 1 t�Mrja'WdCz, CIFy Attor ley 7/3/2023 i ria ndez, i y ttor ey 7/25/2023 _C13co } 4fJ City of Miami Page 2 of 2 File ID: 14178 (Revision: A) Printed on: 7/26/2023 City of Miami Legislation City Hall 3500 Pan American Drive U x s Miami, FL 33133 Resolution wwv.miamigov.com File Number: 14178 Final Action Date: 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 )vt SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION:' AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT.r_A AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL 1' CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $229;$00.66 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 of Miami, as reimbursement for payroll adjustments paid by the COM 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 Statutes, the total sum of $229,900.00, 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 farmer 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 and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS; t�o*ia-iqt-nde�z-,Cffty—Attor iey 713/2023 :a, W 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.