HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8971
Date: 04/26/2021
Commission Meeting Date: 05/27/2021
Type: Resolution
Subject: Settlement - Humberto Diaz
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted:
Seeking Commission approval of workers settlement reached with employee and his
attorney.
Background of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF HUMBERTO DIAZ, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $104,000.00 , 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 $103,900.00 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.
Budget Impact Analysis
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
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
Office of the City Attorney
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Leon P Michel
Fernando Casamayor
Arthur Noriega V
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
04/26/2021 3:31 PM
04/26/2021 3:43 PM
04/26/2021 9:23 PM
05/11/2021 6:56 PM
05/12/2021 9:24 AM
05/12/2021 9:29 AM
05/12/2021 9:58 AM
05/17/2021 10:47 AM
City Commission Nicole Ewan Meeting Completed 05/27/2021 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 06/01/2021 6:26 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0202
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8971 Final Action Date:5/27/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF HUMBERTO DIAZ, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $104,000.00, INCLUDING $100.00 FORA 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 (COLLECTIVELY, "CITY"), WITHOUT ADMISSION OF LIABILITY,
UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION
AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF
$103,900.00 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, Humberto Diaz ("Diaz") has alleged various dates of accident in the course
and scope of his employment with the City of Miami; and
WHEREAS, the Department of Risk Management and the Office of the City Attorney
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 $104,000.00, 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 Diaz,
subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$104,000.00, 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 of Miami, its officers, agents, and
employees (collectively, "City"), without admission of liability, upon executing a settlement, hold
harmless, and indemnification agreement as well as a general release of the City from any and
all claims and demands with funds in the amount of $103,900.00 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.
Section 3. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
5/1772021