HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #6387
Date: 08/14/2019
Commission Meeting Date: 10/24/2019
Type: Resolution
Subject: Settlement - Michael Colombo
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Michael Colombo, in the amount of $233,414.58, including $100.00 for a separate
general release, in full settlement of all claims and dates of accident alleged against the
City of Miami, it's officers, agents and employees, without admission of liability upon
executing a settlement, hold harmless and indemnification agreement.
Background of Item:
The workers compensation actions were brought by Michael Colombo„ a retired City of
Miami Police Officer, for injuries sustained on December 21, 1989 and August 17, 1993
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 $233,314.58 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
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
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Sandra Bridgeman
Valentin J Alvarez
Nikolas Pascual
Barnaby L. Min
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
08/15/2019 10:25 AM
08/15/2019 1:57 PM
08/22/2019 6:51 AM
08/29/2019 3:23 PM
09/05/2019 9:44 AM
09/09/2019 12:33 PM
09/09/2019 2:31 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 09/12/2019 7:13 PM
City Commission Todd B. Hannon Meeting Completed 09/26/2019 9:00 AM
City Commission Maricarmen Lopez Meeting Completed 10/24/2019 9:00 AM
Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 11/04/2019 5:45 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 11/04/2019 6:27 PM
Office of the City Clerk City Clerk's Office Rendered Completed 11/04/2019 6:28 PM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0415
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6387 Final Action Date:10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO MICHAEL COLOMBO, SUBJECT TO ALL CONDITIONS
IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF
$233,414.58, INCLUDING $100.00 FORA SEPARATE GENERAL RELEASE, IN FULL
SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST
THE CITY OF MIAMI, 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 $233,314.58 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, Michael Colombo has alleged various dates of accident in the course and
scope of his employment with the City of Miami ("City") and has 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 recommends that all dates of
accident and claims be settled for the sum of $233,414.58;
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 Michael
Colombo and his counsel, subject to all conditions imposed by Chapter 440, Florida Statutes,
the total sum of $233,414.58, which includes $100.00 for a 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, its present
and former officers, agents, and employees from any and all claims and demands with funds in
the amount of $233,314.58 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 9/12/2019
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.