HomeMy WebLinkAboutR-24-0241City of Miami
Resolution R-24-0241
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16059 Final Action Date: 6/27/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CALVIN SMITH,
SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $67,752.73, 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 $67,652.73 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, Calvin Smith 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 with the Office of the City
Attorney, has investigated all of the 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 $67,752.73;
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 Calvin Smith,
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $67,752.73, 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
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.
City of Miami Page 1 of 2 File ID: 16059 (Revision:) Printed On: 7/5/2024
File ID: 16059 Enactment Number: R-24-0241
the amount of $67,652.73 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:
g III, C y for y 6/17/2024
City of Miami Page 2 of 2 File ID: 16059 (Revision:) Printed on: 7/5/2024