HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14178
Date: 06/15/2023
Commission Meeting Date: 07/13/2023
Type: Resolution
Subject: Settlement - Luis Haramboure
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: N/A
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Luis Haramboure, in the amount of $229,900.00, which includes $100.00 for a
separate general release and resignation agreement. In addition, as part of the
agreement, the claimant authorizes USIS to deduct $9,659.84 from the settlement
amount and issue payment to the City of Miami, as reimbursement for payroll
adjustments paid by the COM on claimant's behalf through payroll for continuation of
fringe benefits and other deductions.
Background of Item:
The workers compensation actions were brought by Luis Haramboure, a former City of
Miami Grounds Tender with the Parks and Recreation Department, for injuries
sustained on July 20, 2017, in the course and scope of his 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 $229,900.00 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
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
Legislative Division
City Manager's Office
Office of the City Attorney
Ann -Marie Sharpe
Fred Pericles
Marie Gouin
Larry M. Spring
Valentin J Alvarez
Arthur Noriega V
Victoria Mendez
Reviewed B
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Approved Form and Correctness
Completed
Completed
Completed
Completed
Completed
Completed
Completed
06/15/2023 9:24 PM
06/21/2023 2:18 PM
06/23/2023 11:04 AM
07/03/2023 12:41 PM
07/03/2023 12:42 PM
07/03/2023 5:35 PM
07/03/2023 5:42 PM
City Commission Maricarmen Lopez Meeting Completed 07/13/2023 9:00 AM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 07/25/2023 4:57 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/25/2023 5:01 PM
Office of the City Clerk City Clerk's Office Rendered Completed 08/02/2023 7:05 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0289
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14178 Final Action Date:7/13/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF LUIS HARAMBOURE, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $229,900.00, 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 $229,800.00
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, Luis Haramboure 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 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 $229,900.00; and
WHEREAS, as part of the agreement, the claimant authorized USIS to deduct $9,659.84
from the settlement amount and issue payment to the City, as reimbursement for payroll
adjustments paid by the City of Miami on claimant's behalf through payroll for continuation of
fringe benefits and other deductions;
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, Luis
Haramboure, and his counsel, subject to the conditions imposed by Chapter 440, Florida
Statutes, the total sum of $229,900.00, 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
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.
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 $229,800.00 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.
APPROVED AS TO FORM AND CORRECTNESS: