HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7818
Date: 09/01/2020
Commission Meeting Date: 10/08/2020
Type: Resolution
Subject: Settlement - Ben Bobillo
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 Ben Bobillo, in the amount of $34,000.00, including $100.00 for a separate general
release, in full settlement of all claims and dates of accidents/occupational diseases
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 Ben Bobillo, a Disability Program
Leader with City of Miami Parks Department, for injuries sustained on March 22nd,
2016 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 $33,900.00 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 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
City Manager's Office
Legislative Division
Office of the City Attorney
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Sandra Bridgeman
Arthur Noriega V
Valentin J Alvarez
Barnaby L. Min
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
09/21/2020 10:29 AM
09/21/2020 10:50 AM
09/24/2020 3:06 PM
09/24/2020 8:12 PM
09/24/2020 11:06 PM
09/24/2020 11:10 PM
09/24/2020 11:14 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 09/28/2020 12:43 PM
City Commission Nicole Ewan Meeting Completed 10/08/2020 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 10/13/2020 4:25 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0311
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7818 Final Action Date:10/8/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF BEN BOBILLO, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM
OF $34,000.00, INCLUSIVE OF COSTS AND ATTORNEYS' FEES, AS 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
FROM THE INTERNAL SERVICE FUND, INDEX CODE NO.
50001.301001.524000.0000.00000 AND OF INDEX CODE NO.
00001.980000.531010.0000.00000.
WHEREAS, Ben Bobillo ("Claimant") 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 Office of the City Attorney and the Department of Risk Management
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 $34,000.00, which includes $100.00 for a separate
release of the City, its present and former officers, agents, and employees from any and all
claims and demands;
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 the Claimant
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $34,000.00, 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 release of the City, its present and former officers,
agents, and employees from any and all claims and demands, with funds allocated from the
Internal Service Fund, Index Code No. 50001.301001.524000.0000.00000 and/or Index Code
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: