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HomeMy WebLinkAboutR-17-0309City of Miami Legislation Resolution R-17-0309 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2152 Final Action Date: 6/22/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF BRENDA ARCHER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000.00, INCLUDING $100.00 FOR A SEPARATE RELEASE AND RESIGNATION AGREEMENT, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT, LEAVING OPEN ONE CLAIM FOR FUTURE MEDICAL BENEFITS, ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS AND RESIGNATION AGREEMENT; ALLOCATING FUNDS IN THE AMOUNT OF $49,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE RELEASE AND RESIGNATION AGREEMENT, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, Brenda Archer has alleged various dates of accident in the course and scope of her employment with the City of Miami ("City"), and filed claims against the City with the Division of Administrative Hearings, and the Office of the Judge of Compensation Claims; and WHEREAS, 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 ("City Code"), and recommends that all dates of accident and claims be settled for the sum of fifty thousand dollars ($50,000.00), which includes one hundred dollars ($100.00) for the separate release of the City its present and former officers, agents, and employees, from any and all claims and demands and a resignation agreement, leaving open one (1) claim for future medical benefits; 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, Brenda Archer, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of fifty thousand dollars ($50,000.00), which includes one hundred dollars ($100.00) for the separate release and resignation agreement, in full settlement of any and all 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 2152 (Revision:) Printed On: 10/20/2017 File ID: 2152 Enactment Number: R-17-0309 claims and dates of accident, leaving open one (1) claim for future medical benefits, alleged against the City, its officers, agents and employees, without admission of liability, upon executing a settlement, hold harmless and indemnification agreement as well as a release of the City, its present and former officers, agents, and employees, from any and all claims and demands and separation agreement, with funds in the amount of $49,900.00 allocated from Account No. 50001.301001.524000.0000.00000 and funds in the amount of one hundred dollars ($100.00) for the separate release and resignation agreement, 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.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 6/13/2017 2 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. City of Miami Page 2 of 2 File ID: 2152 (Revision:) Printed on: 10/20/2017