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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12277 Date: 07/12/2022 Commission Meeting Date: 09/13/2022 Type: Resolution Subject: Settlement - Cheryl Cason 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 Cheryl Cason, in the amount of $30,100.00, which includes $100.00 for a separate general release and resignation agreement. Background of Item: The workers compensation actions were brought by Cheryl Cason, a retired City of Miami Police Officer for the Miami Police Department, for injuries sustained on April 10, 2002, in the course and scope of her employment with the City of Miami. The Office of the City Attorney has investigated and evaluated these claim and date of accident and has approved the recommendation of this settlement. Funds, in the amount of $30,000.00 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 Department of Risk Management Office of Management and Budget Office of Management and Budget Department of Risk Management City Manager's Office City Manager's Office Legislative Division Office of the City Attorney City Commission City Commission Ann -Marie Sharpe Fred Pericles Marie Gouin Ann -Marie Sharpe Larry M. Spring Arthur Noriega V Valentin J Alvarez Victoria Mendez Nicole Ewan Nicole Ewan Reviewed B Department Head Review Budget Analyst Review Budget Review Risk Review Assistant City Manager Review City Manager Review Legislative Division Review Approved Form and Correctness Meeting Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 07/15/2022 2:33 PM 07/20/2022 10:13 AM 07/21/2022 6:46 PM 07/29/2022 11:36 AM 08/09/2022 9:08 AM 08/12/2022 10:50 AM 08/12/2022 12:07 PM 08/12/2022 3:15 PM 09/08/2022 9:00 AM 09/13/2022 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 09/15/2022 8:59 AM City of Miami Legislation Resolution Enactment Number: R-22-0328 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12277 Final Action Date:9/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CHERYL CASON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $30,100.00, 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 $30,000.00 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, Cheryl Cason has alleged dates of accident in the course and scope of her 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 with 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 $30,100.00; 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, CHERYL CASON, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $30,100.00, which includes $100 for the separate general release, in full settlement of any and all claims and date 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 $30,000.00 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. 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: