HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: May 24, 2018
RE: Proposed Settlement for City Commission Meeting — May 24, 2018
Herman Gutfreund vs. City of Miami
OJCC Case No.: 17-002443SMS; 17-002440SMS
File No. 3760
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City") by the above claimant, in the amount of
$181,694.29, which includes $100.00 for a separate general release.
These Workers' Compensation actions were brought by the law firm Touby, Chait
& Sicking, P.L., Sylvia Catherine Mora, Esq. on behalf of Herman Gutfreund, a former
City mechanic for the City of Miami General Services Administration Department, for
injuries/occupational diseases sustained in the course and scope of his/her employment
with the City of Miami.
The Office of the City Attorney has investigated and evaluated these claims and
dates of accident and has approved the recommendation of this settlement. Funds in
the amount of $181,594.29 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
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Anna Medina, Agenda Coordinator
VM/BLM/RSO/cmf
Attachment(s)
3760 Back -Up from Law Dept
City of Miami
Legislation
Resolution
Enactment Number: R-18-0212
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3760 Final Action Date:5/24/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF THE ESTATE OF HERMAN
GUTFREUND SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440,
FLORIDA STATUTES, THE TOTAL SUM OF $181,694.29, 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, HOLD HARMLESS, AND INDEMNIFICATION
AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY
AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF
$181,594.29 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, the Estate of Herman Gutfreund has alleged various 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 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 $181,694.29;
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 the Estate of
Herman Gutfreund and his counsel subject to the conditions imposed by Chapter 440, Florida
Statutes, the total sum of $181,694.29, which includes $100.00 for the separate general
release, in full settlement of any and all claims and dates of accident 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 general release of the City and its present
and former officers, agents, and employees, from any and all claims and demands, allocating
funds in the amount of $181,594.29 from Account No. 50001.301001.524000.0000.00000 and
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.
funds in the amount of $100.00, for the separate general release, 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 Httor
ey ) 5/15/2018
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.