Settle workers compensation claim by Leonard Delvilla for $45,000

AGENDA ITEM SUMMARY FORM File ID: #17357 Date: 03/08/2025 Requesting Department: Department of Risk Management Commission Meeting Date: 04/10/2025 Sponsored By: District Impacted: N/A Type: Resolution Subject: Settlement - Leonard Delvilla vs City of Miami Purpose of Item: Attached resolution seeks authorization of all claims against the City of Miami (“CITY”) by Leonard Delvilla, in the amount of $45,000, which includes $100.00 for a separate general release and separation agreement. Background of Item: The workers compensation actions were brought by Leonard Delvilla, a former City of Miami Solid Waste Collector from the Solid Waste Department, for injuries sustained on April 22, 2011, in the course and scope of his 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 $44,900 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: General Account No: 50001.301001.524000.0000.00000 and 00001.980000.531010.0000.00000 Reviewed By Department of Risk Management Ann-Marie Sharpe Department Head Review Completed 03/12/2025 11:58 AM Office of Management and Budget Fred Pericles Budget Analyst Review Completed 03/14/2025 2:31 PM Office of Management and Budget Leon P Michel Budget Review Completed 03/18/2025 2:56 PM Department of Risk Management Carolina Aguila Risk Review Skipped 03/11/2025 9:41 AM City Manager’s Office Larry M. Spring Assistant City Manager Review Completed 03/24/2025 2:00 PM City Manager’s Office Natasha Colebrook-Williams Deputy City Manager Review Completed 03/25/2025 11:07 PM City Manager’s Office Arthur Noriega V City Manager Review Completed 03/26/2025 2:53 PM Legislative Division Marta Gomez Legislative Division Review Completed 03/26/2025 5:42 PM Office of the City Attorney Maziel Sodre ACA Review Completed 03/26/2025 11:54 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 03/27/2025 1:44 PM City Commission Todd B. Hannon Meeting Pending 04/10/2025 9:00 AM City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17357 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LEONARD DELVILLA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $45,000.00, 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 $44,900.00 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, Leonard Delvilla has alleged an 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 the date 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 the date of accident and claims be settled for the sum of $45,000.00;

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 authorized1 to pay to and on behalf of, Leonard Delvilla, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $45,000.00, which includes $100.00, for the separate general release, in full settlement of any and all 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 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 $44,900.00 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: