HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #12331
Date: 07/19/2022
Commission Meeting Date: 09/13/2022
Type: Resolution
Subject: Settlement - Daniel Richards
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
Daniel Richards, in the amount of $45,000.00, which includes $100.00 for a separate
general release and resignation agreement.
Background of Item:
The workers compensation actions were brought by Daniel Richards, a retired City of
Miami Police Officer for the Miami Police Department, for injuries sustained on April 05,
2006, 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 $44,900.00 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 NOT Related to Revenue
Item is NOT funded by Bonds
Item is an Expenditure
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
Legislative Division
Office of the City Attorney
City Commission
City Commission
Office of the City Clerk
Ann -Marie Sharpe
Fred Pericles
Marie Gouin
Larry M. Spring
Arthur Noriega V
Valentin J Alvarez
Victoria Mendez
Nicole Ewan
Nicole Ewan
City Clerk's Office
Reviewed B
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Approved Form and Correctness
Meeting
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
07/20/2022 9:32 AM
07/20/2022 10:13 AM
07/21/2022 6:47 PM
08/09/2022 9:10 AM
08/12/2022 10:50 AM
08/12/2022 12:50 PM
08/12/2022 3:14 PM
09/08/2022 9:00 AM
09/13/2022 9:00 AM
09/15/2022 8:59 AM
City of Miami
Legislation
Resolution
Enactment Number: R-22-0329
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12331 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 DANIEL RICHARDS, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $45,000.00, 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 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 $44,900.00
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, Daniel Richards has alleged 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 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 $45,000.00;
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, Daniel
Richards, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $45,000.00, which includes $100.00 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 $44,900.00 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.
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 8/12/2022