HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16059
Date: 05/13/2024
Commission Meeting Date: 06/27/2024
Type:
Subject:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: N/A
Resolution
Settlement - Calvin Smith v. City of Miami
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Calvin Smith, in the amount of $67,752.73, inclusive of attorney's fees and costs as
well as a separate general release.
Background of Item:
The workers compensation actions were brought by Calvin Smith, a former City of
Miami Building Inspector from the Building Department, for injuries sustained on
January 20, 2020, 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 NOT Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
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
City Manager's Office
Legislative Division
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Marie Gouin
Larry M. Spring
Arthur Noriega V
Valentin J Alvarez
George K. VVysong III
Maricarmen Lopez
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Approved Form and Correctness
Meeting
Rendered
Completed 05/13/2024 4:30 PM
Completed 05/14/2024 3:42 PM
Completed 05/14/2024 7:58 PM
Completed 05/22/2024 1:43 PM
Completed 05/22/2024 6:23 PM
Completed 06/13/2024 9:47 AM
Completed 06/17/2024 2:49 PM
Completed 06/27/2024 9:00 AM
Completed 07/03/2024 4:40 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0241
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
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.
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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy y ng III, C y tor -y 6/17/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.