Coversheet


CITY OF RIVIERA BEACH CITY COUNCIL AGENDA ITEM SUMMARY

Meeting Date:	12/1/2021
Agenda Category:	CONSENT RESOLUTION

Subject:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT OF THE WORKERS’ COMPENSATION CLAIMS OF KIRKLYN DURHAM V. CITY OR RIVIERA BEACH, OJCC CLAIMS NO.: 20-028179CJS AND 20-028097CJS; AUTHORIZING GALLAGHER BASSETT SERVICES, INC. TO MAKE PAYMENT IN THE AMOUNT OF FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($57,500) AS FULL AND COMPLETE SETTLEMENT OF BOTH CLAIMS; AND PROVIDING FOR AN EFFECTIVE DATE.

Recommendation/Motion:

Office of the City Attorney recommends approval of this Resolution.

Originating Dept	City Attorney	Costs	$57,500
User Dept.		Funding Source
Advertised	No	Budget Account Number
Date
Paper
Affected Parties	Not Required

Background/Summary:

Kirklyn Durham (“Claimant”) filed workers’ compensation claims 20-028097CJS and 20-028179CJS on December 23, 2020, for injuries sustained to his heart while conducting firefighting activities during the course and scope of his employment with the City of Riviera Beach Fire Department (“the City”) against the City, as Employer, and Gallagher Bassett Services, Inc. (“GB”), as Carrier.
On November 2, 2021, the parties agreed to settle both claims, including attorney’s fees, and costs for a total sum of $57,500 subject to City Council approval. Upon the City Council’s approval of this settlement, the Court’s Order approving the settlement, and the City’s payment thereof, both workers’ compensation claims from the Claimant against the City and GB shall be dismissed with prejudice.

The parties have agreed to settle both claims, including a Medicare Set Aside of One Hundred Twenty-Five Thousand, Five Hundred and Two Dollars ($125,502), attorney’s fees, and costs for a total sum of Three Hundred Thirty-Two Thousand Dollars ($332,000). Settlement is subject to approval by the City Council. Upon execution of the Settlement Agreement and Release, both claims will be dismissed with prejudice.

Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city)
Net Fiscal Impact
NO. Additional FTE Positions (cumulative)


III. Review Comments

A. Finance Department Comments:

B. Purchasing/Intergovernmental Relations/Grants Comments:

C. Department Director Review:

Contract Start Date
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe

ATTACHMENTS:
File Name	Description	Upload Date	Type
12012021_K_Durham_Memo.pdf	K Durham Memo	11/23/2021	Cover Memo
K._Durham_Resolution.pdf	K Durham Resolution	11/23/2021	Resolution
Proposed_Settlement_and_Release.pdf	K Durham Proposed Settlement Agreement and Release	11/23/2021	Agreement

REVIEWERS:
Department	Reviewer	Action	Date
Attorney	Mutamba, Denise	Approved	11/23/2021 - 10:31 AM
Purchasing	Williams, Glendora	Approved	11/23/2021 - 11:05 AM
Finance	Reynolds, Nydia	Approved	11/23/2021 - 11:07 AM
Attorney	Mutamba, Denise	Approved	11/23/2021 - 11:09 AM
City Clerk	Smith, Tawanna	Approved	11/23/2021 - 11:11 AM
City Manager	Jacobs, Deirdre	Approved	11/23/2021 - 6:54 PM