HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #15976
Date: 04/25/2024
Commission Meeting Date: 05/23/2024
Type:
Subject:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: N/A
Resolution
Settlement - Miguel Baralt vs City Of Miami
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Miguel Baralt, in the amount of $627,000, inclusive of attorney's fees and costs as
well as a separate general release. This settlement will be reimbursed by the excess
carrier.
Background of Item:
The workers compensation actions were brought by Miguel Baralt, a former City of
Miami Police Sergeant from the Miami Police Department, for injuries sustained on May
18, 2012, 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 date of accident
and has approved the recommendation of this settlement. Funds in the amount of
$627,000 are available from Account No. 50001.301001.524000.0000.00000.
Budget Impact Analysis
Item is an Expenditure
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Marie Gouin
Larry M. Spring
Valentin J Alvarez
Arthur Noriega V
Mabel Betancourt
George K. wysong III
Maricarmen Lopez
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Approved Form and Correctness
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
05/01/2024 9:50 AM
05/02/2024 11:49 AM
05/06/2024 2:01 PM
05/13/2024 4:53 PM
05/14/2024 7:49 AM
05/14/2024 12:21 PM
04/25/2024 4:16 PM
05/14/2024 6:44 PM
05/23/2024 9:00 AM
05/28/2024 2:43 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0194
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15976 Final Action Date:5/23/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF MIGUEL BARALT, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $627,000.00, INCLUDING $100.00 FORA SEPARATE GENERAL RELEASE,
IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT FOR
INDEMNITY BENEFITS, MEDICAL BENEFITS REMAIN OPEN, 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 $626,900.00 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, Miguel Baralt 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 for indemnity benefits, with medical benefits to remain open, be
settled for the sum of $627,000.00; and
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 authorized1 to pay to and on behalf of, Miguel
Baralt, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the
total sum of $627,000.00, which includes $100.00 for the separate general release, in full
settlement of any and all claims and date of accident, for indemnity benefits, with medical
benefits to remain open, 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
1 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.
amount of $626,900.00 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:
ng III, C . y ttor -y 5/14/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.