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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #11753 Date: 03/28/2022 Commission Meeting Date: 05/12/2022 Type: Resolution Subject: Settlement - Patricia Turner 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 Patricia Turner, in the amount of $205,713.55, which includes $100.00 for a separate general release and resignation agreement. Background of Item: The workers compensation actions were brought by Patricia Turner, a retired City of Miami Communications Assistant from the Miami Police Department, for injuries sustained on April 22, 1988, in the course and scope of her 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 $205,613.55 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 and 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 Marie Gouin Fernando Casamayor Valentin J Alvarez Arthur Noriega V Valentin J Alvarez 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 Skipped Completed 03/28/2022 2:03 PM 04/05/2022 5:32 PM 04/05/2022 5:37 PM 04/14/2022 2:50 PM 04/18/2022 11:43 AM 04/25/2022 8:19 AM 04/18/2022 11:42 AM 04/25/2022 1:42 PM City Commission Maricarmen Lopez Meeting Completed 05/12/2022 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 05/13/2022 6:35 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 07/06/2022 10:52 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/06/2022 10:54 AM City of Miami Legislation Resolution Enactment Number: R-22-0169 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11753 Final Action Date:5/12/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF PATRICIA TURNER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $205,713.55.00, 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 AGREEMENT, 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 $205,613.55 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, PATRICIA TURNER has alleged various dates of accident in the course and scope of his employment with the City of Miami ("City"), and filed claims against the City with the Division of Administrative Hearings, Office of the Judge of Compensation Claims; and WHEREAS, the Department of Risk Management in consultation of 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 $205,713.55; 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, PATRICIA TURNER, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $205,713.55, which includes $100 for the 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 agreement, 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 $205,713.55 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: dez, ity 'ttor ey 4/25/2022 titty ttor