HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7555
Date: 06/15/2020
Commission Meeting Date: 07/23/2020
Type: Resolution
Subject: Settlement - Terrance Davis
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 Terrence Davis, in the amount of $400,000.00, 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 Terrence Davis, a retired City of
Miami Fire Fighter/Lieutenant, for injuries sustained in 1991, 1994, 1997, 1998, 2004
and 2012 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 $399,900.00 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 NOT Related to Revenue
Item is NOT funded by Bonds
Item is an Expenditure
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
Office of the City Attorney
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Sandra Bridgeman
Valentin J Alvarez
Arthur Noriega V
Barnaby L. Min
Victoria Mendez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
06/15/2020 3:29 PM
06/19/2020 9:47 AM
06/24/2020 8:38 AM
07/01/2020 6:55 PM
07/02/2020 8:54 AM
07/02/2020 10:46 AM
07/02/2020 12:50 PM
07/08/2020 2:58 PM
City Commission Nicole Ewan Meeting Completed 07/23/2020 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 07/27/2020 8:37 AM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0211
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7555 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 TERRENCE DAVIS, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $400,000.00, 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 $399,900.00 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, Terrence Davis has alleged various dates of accident in the course and
scope of his employment with the City of Miami ("City"); and
WHEREAS, the Department of Risk Management in consultation with 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 $400,000.00, 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 authorized' to pay to and on behalf of Terrence
Davis, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$400,000.00, 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 $399,900.00 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: