HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7989
Date: 10/05/2020
Commission Meeting Date: 11/19/2020
Type: Resolution
Subject: Settlement - James Mungin
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 James Mungin, in the amount of $76,530.00, 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 James Mungin a former Sanitation
Inspector with City of Miami Solid Waste Department, for injuries sustained on July 03,
2019 in the course and scope of his employment with the City of Miami.
The Office of the City Attorney has investigated and evaluated this claim and date of
accident and has approved the recommendation of this settlement. Funds, in the
amount of $76,430.00 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 is NOT funded by Bonds
Item is NOT Related to Revenue
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
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Arthur Noriega V
Fernando Casamayor
Department Head Review
Budget Analyst Review
Budget Review
City Manager Review
Assistant City Manager Review
Completed
Completed
Completed
Completed
Completed
10/05/2020 3:51 PM
10/23/2020 9:13 AM
10/24/2020 12:22 PM
10/24/2020 1:33 PM
10/24/2020 2:22 PM
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
City Clerk's Office
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
10/26/2020 9:55 AM
10/26/2020 10:36 AM
10/26/2020 11:57 AM
11/19/2020 9:00 AM
11/23/2020 5:58 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0376
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7989 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 JAMES MUNGIN, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM
OF $76,530.00, 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, James Mungin 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 accidents 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 sum of $76,530.00, 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 James
Mungin and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the
total sum of $76,530.00, which includes $100.00 for a separate general release, in full
settlement of any and all claims and dates of accidents 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:
dez, ity 'ttor
ey 10/26/2020