HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorne,7b for
DATE: October 19, 2023
RE: Substitution of CA.1 on the October 26, 2023, City Commission Meeting
Workers Compensation Settlement - Ramon Rodriguez
File No. 14786
Item CA.1 on the October 26, 2023, City Commission Meeting Agenda proposes
to authorize the Director of Finance 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. The Legislation is being substituted to
reflect the correct amount of the settlement.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14786
Final Action Date:
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
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.
City of Miami Page 1 of 2 File ID: 14786 (Revision:) Printed On: 10/19/2023
File ID: 14786 Enactment Number:
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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor
10/16/2023
City of Miami Page 2 of 2 File ID: 14786 (Revision:) Printed on: 10/19/2023
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14786 Final Action Date:
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 $35,000.00, 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 $34,900.00
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, 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 $35,000.00;
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, Ramon
Rordirugez, and his counsel, subject to the conditions imposed by Chapter 440, Florida
Statutes, the total sum of $35,000.00, 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 $34,900.00 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.
' 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:
ikAZhdez, ity Attorey 10/16/2023