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HomeMy WebLinkAboutLegislation-SUBCity of Miami Resolution R-23-0289 Legislation 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 TI-4E ky.; AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. cr+ 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 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: 14178 (Revision: A) Printed On: 7/26/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. j4j7B Ls1a-hor1SL1m File ID: 14178 Enactment Number: R-23-0289 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 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: dez, ity ttor • "ndez, ity ttor t.,» rr City of Miami Page 2 of 2 File ID: 14178 (Revision: A) Printed on: 7/26/2023 City of Miami Legislation Resolution File Number: 14178 City Hall 500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHS IZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LUIS HA• BOURE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORID .h STATUTES, THE TOTAL SUM OF $229,900.00, INCLUDING $100.00 FOR A SEP`' • TE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES !r` ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICESS, AGENTS AND -` EMPLOYEES, WITHOUT ADMISSION OF LIABILIT UPON EXECUTING Pry_'_; SETTLEMENT AGREEMENT, HOLD HARMLESS, : ND INDEMNIFICATION c"` tI AGREEMENT AS WELL AS A GENERAL RELE • E OF THE CITY, ITS PRESENT p AND FORMER OFFICERS, AGENTS, AND EM OYEES, FROM ANY AND -ALL CLAIMS AND DEMANDS; ALLOCATING FU �, S IN THE AMOUNT OF $229;800.0 ' FROM ACCOUNT NO. 50001.301001.52400t0000.00000 AND FUNDS IN THE .,_, AMOUNT OF $100.00, FOR THE SEPARA/' GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.00► 0.00000. WHEREAS, LUIS HARAMBOURE has,: leged dates of accident in the course and scope of his employment with the City of Miami (" y"), and filed claims against the City with the Division of Administrative Hearings, Office of theudge of Compensation Claims; and WHEREAS, the Department of " sk Management in consultation of the Office of the City Attorney has investigated all these sates of accident and claims pursuant to Sections 18-221 through 18-232 of the Code of the ity of Miami, Florida, as amended, and recommends that all dates of accident and claims be +=ttled for the sum of $229,900.00; and WHEREAS, as part of th,.` agreement, the claimant authorized USIS to deduct $9,659.84 from the settlement amou and issue payment to the City of Miami, as reimbursement for payroll adjustments paid •'% the COM on claimant's behalf through payroll for continuation of fringe benefits and other "- ductions; NOW, THEREFO, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. T'e recitals and findings contained in the Preamble to this Resolution are adopted by refer nce and incorporated as if fully set forth in this Section. Section 2 he Director of Finance is authorized to pay to and on behalf of, LUIS HARAMBO E, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, e total sum of $229,900.00, which includes $100 for the separate general release, in full settl=, ent of any and all claims and date of accident, alleged against the City, its officers, agents nd employees, without admission of liability, upon executing a settlement agreement, hold rmless, and indemnification agreement as well as a general release of the City, its pre nt and former officers, agents, and employees, from any and all claims and demands, with fu :s in the amount of $229,800.00 allocated from Account No 5'-001.301001.524000.0000.00000 and funds in the amount of $100.00 allocated from Account o. 00001.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adopti signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: and 4-) r7 iT'a fi: r) r_n a) N) 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.