HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16334
Date: 07/08/2024
Commission Meeting Date: 07/25/2024
Type:
Subject:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: N/A
Resolution
Settlement - Vincent McCray vs City of Miami
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Vincent McCray, in the amount of $79,875.00, which includes $100.00 for a separate
general release and separation agreement.
Background of Item:
The workers compensation actions were brought by Vincent McCray, a part-time City of
Miami Laborer from the Parks Department, for injuries sustained on June 24, 2021, 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 $79,775.00
are available from Account No. 50001.301001.524000.0000.00000 and $100.00 are
available from Account No. 00001.980000.531010.0000.00000.
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 and
00001.980000.531010.0000.00000
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
City Commission
Office of the City Clerk
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Marie Gouin
Larry M. Spring
Valentin J Alvarez
Natasha Colebrook -Williams
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
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
07/10/2024 2:46 PM
07/12/2024 8:46 AM
07/12/2024 2:24 PM
07/15/2024 10:09 AM
07/15/2024 1:15 PM
07/16/2024 9:33 AM
07/16/2024 5:41 PM
07/25/2024 9:00 AM
07/30/2024 3:04 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0289
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16334 Final Action Date:7/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF VINCENT MCCRAY, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $79,875.00, 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 $79,775.00
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, Vincent McCray has alleged an 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 $79,875.00;
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, Vincent
McCray, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $79,875.00, 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 $79,775.00 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.
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:
ng III, C y tor -y 7/1612024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.