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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14786 Date: 09/27/2023 Commission Meeting Date: 10/26/2023 Type: Subject: Requesting Department: Department of Risk Management Sponsored By: District Impacted: N/A Resolution Workers Compensation Settlement - Ramon Rodriguez Purpose of Item: Attached resolution seeks authorization of all claims against the City of Miami ("CITY") by Ramon Rodriguez, in the amount of $37,600.00, which includes $100.00 for a separate general release and resignation agreement. Background of Item: The workers compensation actions were brought by Ramon Rodriguez, a former City of Miami School Crossing Guard from the Miami Police Department, for injuries sustained on January 19, 2022, in the course and scope of her employment with the City of Miami. The Office of the City Attorney has investigated and evaluated these claims and date of accident and has approved the recommendation of this settlement. Funds in the amount of $37,500.00 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 an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: General Account No: 50001.301001.524000.0000.00000 and 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 Ann -Marie Sharpe Fred Pericles Marie Gouin Ann -Marie Sharpe Larry M. Spring Reviewed B Department Head Review Budget Analyst Review Budget Review Risk Review Assistant City Manager Review Completed Completed Completed Completed Completed 09/27/2023 3:11 PM 10/04/2023 9:49 AM 10/05/2023 4:15 PM 10/05/2023 6:23 PM 10/10/2023 10:40 AM Legislative Division City Manager's Office Office of the City Attorney City Commission Legislative Division Office of the City Attorney Office of the City Clerk Valentin J Alvarez Arthur Noriega V Victoria Mendez Nicole Ewan Valentin J Alvarez Victoria Mendez City Clerk's Office Legislative Division Review City Manager Review Approved Form and Correctness Meeting Completed Completed Completed Completed Legislative Division Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 10/10/2023 1:14 PM 10/10/2023 3:25 PM 10/16/2023 10:09 PM 10/26/2023 9:00 AM 11/04/2023 9:16 AM Completed 11/10/2023 12:07 AM City of Miami Legislation Resolution Enactment Number: R-23-0472 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14786 Final Action Date:10/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RAMON RODRIGUEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $37,600.00, 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 $37,500.00 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, Ramon Rodriguez 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 $37,600.00; 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, Ramon Rodriguez, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $37,600.00, 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 $37,500.00 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 10/16/2023