HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14258
Date: 07/03/2023
Commission Meeting Date: 07/27/2023
Type: Resolution
Subject: Settlement - Gwendolyn Johnson
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 Gwendolyn Johnson, in the amount of $99,00.00, which includes $100.00 for a
separate general release and resignation agreement.
Background of Item:
The workers compensation actions were brought by Gwendolyn Johnson, a current City
of Miami Solid Waste Collector I with the Solid Waste Department, for injuries sustained
on July 3, 2021, 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 $98,900.00 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 an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
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
City Commission
Office of the City Clerk
Ann -Marie Sharpe
Fred Pericles
Leon P Michel
Larry M. Spring
Valentin J Alvarez
Arthur Noriega V
Victoria Mendez
Maricarmen Lopez
City Clerk's Office
Reviewed B
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
07/03/2023 1:12 PM
07/03/2023 1:24 PM
07/03/2023 5:06 PM
07/06/2023 9:53 AM
07/10/2023 3:36 PM
07/13/2023 11:42 AM
07/13/2023 2:45 PM
07/27/2023 9:00 AM
08/01/2023 4:19 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0325
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14258 Final Action Date:7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF GWENDOLYN JOHNSON, SUBJECT
TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE
TOTAL SUM OF $99,000.00, 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 $98,900.00
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, Gwendolyn Johnson 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 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 $99,000.00;
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, Gwendolyn
Johnson, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $99,000.00, 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 $98,900.00 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: