HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7990
Date: 10/05/2020
Commission Meeting Date: 11/19/2020
Type: Resolution
Subject: Settlement - Michael K. Williams
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 K. Williams, in the amount of $35,000.00, 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 Michael K. Williams, a former
Waste Equipment Operator with City of Miami Solid Waste Department, for injuries
sustained on July 11, 2014 and July 27, 2015 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 $35,000.00 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 has NOT an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
00001.980000.531010.0000.00000
Reviewed B
Department of Risk Management Ann -Marie Sharpe Department Head Review Completed 10/05/2020 3:51 PM
Office of Management and Budget Fred Pericles Budget Analyst Review Completed 10/23/2020 9:17 AM
Office of Management and Budget Christopher M Rose Budget Review Completed 10/24/2020 12:22 PM
City Manager's Office Arthur Noriega V City Manager Review Completed 10/24/2020 1:35 PM
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Fernando Casamayor
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
City Clerk's Office
Assistant City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
10/24/2020 2:21 PM
10/26/2020 10:02 AM
10/26/2020 10:07 AM
10/27/2020 4:06 PM
11/19/2020 9:00 AM
11/23/2020 5:58 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0375
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7990 Final Action Date:11/19/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF MICHAEL K. WILLIAMS, SUBJECT
TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE
TOTAL SUM OF $35,000.00, INCLUSIVE OF COSTS AND ATTORNEYS' FEES, AS
FULL SETTLEMENT OF ANY AND 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 INDEX CODE NO.
00001.980000.531010.0000.00000.
WHEREAS, Michael K. Williams 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 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
accidents and claims be settled for the total sum of $35,000.00, which includes two (2) separate
settlements of distinct workers' compensation accidents and unconnected bodily injuries and
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 authorized1 to pay to and on behalf of Michael K.
Williams and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $35,000.00, 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
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.
from Internal Service Fund, Index Code No. 50001.301001.524000.0000.00000 and/or Index
Code No. 00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 10/2772020