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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7554 Date: 06/15/2020 Commission Meeting Date: 07/23/2020 Type: Resolution Subject: Settlement - Michelle Williams 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 Michelle Williams, in the amount of $60,000.00, including $100.00 for a separate general release, in full settlement of all claims and dates of accident alleged against the City of Miami, 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 Michelle Williams, a retired City of Miami Police Officer, for all dates of accident sustained in 2003, 2005 and 2007 in the course and scope of her employment with the City of Miami. The Office of the City Attorney has investigated and evaluated these claims and dates of accidents and has approved the recommendation to settle all workers compensation indemnity and medical benefits (except for past authorized treatments that remain unpaid), including any unauthorized treatment, for all dates of accident. Funds, in the amount of $59,900.00 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 has NOT an Expenditure 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 Reviewed B Ann -Marie Sharpe Fred Pericles Christopher M Rose Sandra Bridgeman Valentin J Alvarez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review Completed 06/16/2020 9:42 AM Completed 06/19/2020 9:49 AM Completed 06/24/2020 8:38 AM Completed 07/01/2020 6:53 PM Completed 07/02/2020 8:55 AM City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Arthur Noriega V Barnaby L. Min Victoria Mendez Nicole Ewan City Clerk's Office City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Completed Completed Completed Completed Completed 07/02/2020 10:48 AM 07/02/2020 12:48 PM 07/13/2020 10:58 AM 07/23/2020 9:00 AM 07/27/2020 8:37 AM City of Miami Legislation Resolution Enactment Number: R-20-0210 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7554 Final Action Date:7/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF MICHELLE WILLIAMS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $60,000.00, 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, 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 $59,900.00 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, Michele Williams 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, 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 $60,000.00, which includes $100.00 for a separate general release; 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 Michelle Williams and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $60,000.00, 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, its present and former officers, agents, and employees, from any and all claims and demands with funds in the amount of $59,900.00 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 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: