Res No 072-10-13106RESOLUTION NO: 72-10-13106
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, employing Kenneth Harms to serve as an investigator
for the city attorney retroactively as of January 1, 2010 and
indemnifying him for any and all claims arising out of his
investigations performed on behalf of the City; and providing an
effective date.
WHEREAS, the former city manager has filed a lawsuit against the City, and
WHEREAS, there are other pending matters which the City needs to investigate
to defend itself against anticipated litigation, and
WHEREAS, provisions of the Charter and the Code require the City Attorney to
investigate matters, but the City Attorney has never had on his payroll the service of a
trained investigator or risk manager; and
WHEREAS, Kenneth Harms ( "Harms ") has been de facto serving the City as an
investigator without pay as of January 1, 2010; and
WHEREAS, Harms is an experienced investigator having served as the former
Chief of Police for the City of Miami, and
WHEREAS, the City desires to retroactively retain Harms to investigate and
assist the City Attorney in defending the lawsuit brought by the former city manager and
to prepare for the defense of other claims made against the City, as well as investigations
required by the City; and
WHEREAS, the City Attorney does not have a Risk Manager under whose
auspices these types of investigations might normally occur, and
WHEREAS, Harms is willing to serve as an employee of the City Attorney and
serve as an investigator to conduct full and comprehensive investigations to aid the City
Attorney in defending the lawsuit brought by the former city manager and other claims,
provided that the City indemnifies him from any liability that could occur as a result of
his investigations; and
WHEREAS, the employees of the City do have in place a liability policy through
the Municipal Insurance Trust provided by the League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Harms is hereby employed as an investigator on behalf of the City
Attorney, at a retroactively salary of $200 per week, commencing January 1, 2010 to
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Res. No. 72 -10 -13106
investigate claims and other matter under the direction of the City Attorney. All reports,
statements taken, work product and documents prepared by Harms shall be considered
attorney work product and/or risk management program work product exempt from
public disclosure under the provisions of Sec. 119.071(1)(d), Fla. Stat., and Sec.
768.28(16)(b), Fla. Stat., until the termination of all litigation and settlement of any
claims arising out of the incidents or claims Harms' investigates.
Section 2. Harms shall be considered a City employee in all respects, except
that it is recognized that the present salary is minimal in nature. Therefore, nothing in this
resolution prohibits Harms from submitting a bill for additional services rendered in the
performance of his duties.
Section 3. The City agrees to protect, defend, indemnify, and hold Harms
harmless from and against any and all losses, damages, settlements, claims, costs,
expenses, or liabilities of every and' any kind including attorney fees, in connection with
or arising directly or indirectly out of the work Harms performs for the City.
Section 4. By agreeing to indemnity Harms, the City does not waive the
limitations of liability conferred upon it by Section 768.28, Fla. Stat., or otherwise waive
its sovereign immunity.
Section 5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this6th`'day of ApriZ010.
ATTEST: APPROVED:
Jkl
COMMISSION VOTE: 4 -1
READ AND APPROVED AS TO FORM: Mayor Stoddard: Yea
i Vice Mayor Newman: Yea
Commissioner Palmer: Nay
i
-' Commissioner Beasley: Yea
Commissioner Harris: Yea
CITY ATTORNEY
WAMy Documents \resolutions\Resolution liu s.doc
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