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Resolution 74-14530 RESOLUTION NO. 74-14530 Authorizing settlement of Workmen's Compensation claim - Grady Pierce v. City of Miami Beach WHEREAS , on March 5, 1974, one GRADY PIERCE, a City of Miami Beach employee, suffered an injury to his right eye, when a foreign object flew into it while he was dumping trash, and WHEREAS , said employee was examined by Dr. Leo Grossman and treated by Dr. Morton Morgan, an eye specialist, who determined that Claimant has a permanent partial disability of Five percent (5%) , and WHEREAS , the City Attorney has recommended to City Council that it is in the best interest of the City to enter into a settle- ment under the provisions of FSS 440. 20 (10) as amended, such settlement to be in the amount of $1, 287. 50. $900. 00 of this • amount to the Claimant as a final settlement of any and all past, present and future compensation and medical benefits due Mr. Pierce under the Workmen 's Compensation Act of the State of Florida, $270. 00 payable as a reasonable Attorney's fee, $35. 00 reimbursed to the Claimant for out-of-pocket medical costs, $30. 00 payable to Dr. Morton Morgan as the remainder owed on his bill, $32 . 50 payable to Claimant' s Attorney as legal costs and $20. 00 Court Reporter' s fee , and WHEREAS , the order of the Judge of Industrial Claims approving such settlement stipulation will not be subject to modi- fication or review, and WHEREAS , the City Council deems it to be in the best interest of the City to enter into a final settlement stipulation as herein before set forth ; NOW, THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be author- ized to enter into final settlement as approved by a Judge of Industrial Claims, the Mayor, City Clerk, Finance Director and the City Attorney be, and they are hereby authorized and directed to comply with the Order of the Judge approving said stipulation. PASSED and ADOPTED this 6th day of November , 1974. f .; "---17evf'.1 Mayor Attest: 1_,337717 City Clerk OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 RESOLUTION NO. 74-14531 IN COMPLIANCE WITH REQUEST BY THE DADE COUNTY COORDINATING COUNCIL SUGGESTING THE EXPEDITING OF CERTAIN CAPITAL IMPROVEMENT PROGRAMS.. WHEREAS , the Dade County Coordinating Council has requested the City Council of the City of Miami Beach, Florida to adopt an appropriate resolution agreeing to expedite certain capital improve- ment programs from revenues available through general obligation bonds heretofore authorized by the electorate, or from any other available funds for said purpose, and WHEREAS , the Dade County Coordinating Council has requested similar resolutions from Metropolitan Dade County, the Dade County School Board, and the Cities of Miami and Coral Gables, and WHEREAS , the City Council of the City of Miami Beach is in accord and heartily concurs with the finding and determination of the said Coordinating Council of Dade County that such action by said governmental agencies will stimulate and improve the current adverse economic situation, and WHEREAS , the City Council is desirous of being the first governmental agency to pass and adopt such requested resolution and to ;De the first municipality and governmental agency in Dade County to take active steps to implement and execute the purpose and intent of said request by said coordinating council of Dade County. NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that it is the desire and intent of said City Council to pursu,2 vigorously and actively the said ;pct requested by said Coordinating Council and, BE IT FURTHER RESOLVED by said City Council that it will immediately and forthwith review all its pending capital improve- ment programs from revenues available through general obligation bonds heretofore authorized by the electorate, or from any other source of capital funds, and will examine each individual project following in two (2) said categories and will, following such review and examination forthwith direct the City Manager to execute expeditiously and forthwith all such capital improvement projects immediately upon the approval thereof by the City Council,and BE IT FURTHER RESOLVED that the City Council of the City of Miami Beach, Florida that in executing the purpose and intent of the said request of said Coordinating Council all governmental agencies are hereby advised and informed by the City has, this date, authorized and directed the immediate execution and implementation of two specific capital improvement programs, to wit: City of Miami Beach Youth Center at a bid cost of Two Million Two Hundred Thousand Dollars . ($2, 200, 000. 00) The multiple purpose assembly room South Shore Community Center at an estimated bid cost of One Hundred Sixty Thousand Dollars . ($160, 000. 00) OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 TO: Frank R. Spence, City Manager DATE: October 17, 1974 FROM: Joseph A. Wanick, City Attorney SUBJECT : GRADY PIERCE v. CITY OF MIAMI BEACH F.I .C. CLAIM: 252-42-1511 D/A: MARCH 6, 1974 The City can settle this Workmen' s Compensation Claim for $1, 287. 50 as a lump sum settlement. If this case goes to trial, it is probable that a sum in excess of $3, 000. 00 will be awarded to Claimant, based upon claimed permanent disability, loss of earning capacity, and possible future hospitalization resulting in a greater disability. This 28 year old employee suffered an injury to his right eye on March 5, 1974 , when a foreign object flew into it while he was dumping trash. He was seen at the City Clinic and referred to Dr. Morton Morgan, an eye specialist, for treatment. Dr. Morgan determined that Claimant has a permanent partial disability. After considerable negotiations with Claimant's counsel, Mr. Howard Pelzner, a tentative agreement was reached, subject to City Council approval, to settle this case as follows : 1. $900. 00 payable to Claimant in a lump sum, representing all Workmen' s Compensation and medical benefits due him, past, present and future. 2. $270 payable to Claimant' s counsel, as a reasonable attorney' s fee. 3. $35. 00 reimbursed to the Claimant for out- of-pocket medical costs. 4. $30. 00 payable to Dr. Morton Morgan as the remainder owed on his bill. 5. $32. 50 payable to Claimant' s attorney as legal costs. 6. $20. 00 payable for court reporter fees. for a total of $1,287. 50 payable by the City in full discharge of any and all claims against the City and all liability under Chapter 440, Florida Statutes. Such settlement would not be subject to modification or review under Workmen' s Compensation law. I therefore, recommend it to be in the best interest of the City to compromise and settle this claim on the basis outlined. 0/061 JAW/bw OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 E — a) •f6 U � L C.) 0_ 0 • (13 U) S- C C CD 0 4) M C2.•• Lf\ E 0i= -.I I 4-+ Q om' cn C Z I�— N - C E ci • 4) - 0 E•- z 4-) Z 0 a) 03 in I- Cr)E c J •- to O N ,- N •- CL 00 W L E z cc 0 () t +� • s- < Q 0 >