CA.9 - Pay $122k Settlement to Claimant

WHEREAS, Daniel Fernandez alleged dates of accident of December 20, 1996, and July 7, 2003, in the course and scope of his employment with the City of Miami (“City”), and workers’ compensation claims were filed in connection with those dates of accident; and

WHEREAS, the underlying workers’ compensation claims are closed, but attorney’s fees and costs claims relating to both dates of accident remained pending; 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 attorney’s fees and costs claims be settled for the sum of One Hundred Twenty-Two Thousand and 00/100 Dollars ($122,000.00); and

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, claimant counsel William Souza for Daniel Fernandez, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of One Hundred Twenty-Two Thousand and 00/100Dollars ($122,000.00) in full settlement of any and all attorney’s fees and costs claims and dates 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, its present and former officers, agents, and employees, from any and all claims and demands, with funds in the amount of One Hundred Twenty-Two Thousand and 00/100Dollars ($122,000.00) allocated from Account No 50001.301001.524000.0000.00000.

Section 3.  This Resolution shall become effective immediately upon its adoption.