HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney P16-- for
DATE: July 6, 2022
RE: Resolution No. R-22-0169 — Settlement - Patricia Turner
File No. 11753
At its May 12, 2022, meeting, the City Commission adopted the above referenced agenda
item, CA.13, approving a settlement, including a general release, with Patricia Turner in full
settlement of any and all claims and dates of accident, alleged against the City of Miami, its
officers, agents and employees, and without admission of liability, in the amount of
$205,713.55. The item was inadvertently published with an incorrect footnote and description of
the effective date.
The Legislation has been corrected and incremented to Revision A.
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Enclosure(s)
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City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11753 Final Action Date:
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,
FLORI DA:
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. l,l.yrlN .lrj 3
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Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
Resolution R-22-0169
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11753 Final Action Date: 5/12/2022
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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
CIFFICERS, 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
' 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.
City of Miami Page 1 of 2 File ID: 11753 (Revision: A) Printed On: 7/6/2022
File ID: 11753
Enactment Number: R-22-0169
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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 2 of 2 File ID: 11753 (Revision: A) Printed on: 7/6/2022