HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5060
Date: 10/26/2018
Commission Meeting Date: 12/13/2018
Type: Resolution
Subject: Settlement - Carlos R. Cuenca
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: All
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Carlos R. Cuenca, in the amount of $40,000.00, which includes $100.00 for a
separate general release and resignation agreement.
Background of Item:
The workers compensation actions were brought by Carlos R. Cuenca, a retired City of
Miami Paramedic/Firefighter, for injuries sustained on September 13th, 2013 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 dates
of accident and has approved the recommendation of this settlement. Funds, in the
amount of $39,900.00 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 an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
00001.980000.531010.0000.00000
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
Office of the City Attorney
City Commission
Office of the Mayor
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Sandra Bridgeman
Nikolas Pascual
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
Mayor's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Signed by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
11/13/2018 10:25 AM
11/20/2018 11:50 AM
11/26/2018 8:04 AM
11/26/2018 2:49 PM
11/26/2018 3:13 PM
11/26/2018 3:31 PM
11/26/2018 3:36 PM
11/27/2018 6:12 PM
12/13/2018 9:00 AM
12/21/2018 3:35 PM
Office of the City Clerk City Clerk's Office
Signed and Attested by the City Clerk Completed 12/21/2018 4:31 PM
Office of the City Clerk City Clerk's Office Rendered Completed 12/21/2018 4:31 PM
City of Miami
Legislation
Resolution
Enactment Number: R-18-0541
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5060 Final Action Date:12/13/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO CARLOS R. CUENCA, SUBJECT TO THE CONDITIONS
IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF
$40,000.00, INCLUDING $100.00 FORA SEPARATE GENERAL RELEASE, IN FULL
AND COMPLETE 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, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS IN THE AMOUNT OF $39,900.00 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, Carlos R. Cuenca 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 Department of Risk Management and the Office of the City Attorney
have 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 recommend that all dates of
accident and claims be settled for the sum of $40,000.00;
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 Carlos R. Cuenca and his
counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$40,000.00, which includes $100.00 for a separate general release, in full and complete
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, its present
and former officers, agents, and employees, from any and all claims and demands, with funds in
the amount of $39,900.00 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 requirements that may be imposed by
the City Attorney, 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 and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 11/2772018
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.