HomeMy WebLinkAboutR-99-0768,
J-99-829
9/30/99
t'N .,
RESOLUTION NO. 0 o.) ^ a
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ANAIS AURORA BADIA, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $475,000, UNDER CERTAIN
CONDITIONS, IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, FOR THE CASE .ANAIS BADIA VS.
CITY OF h1IAMIT, IN THE UNITED STATES DISTRICT
COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.
94-2197-CIV-FERGUSON, UPON TI"IE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI,
ITS PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.651.
WHEREAS, Anais Aurora Badia, filed a claim and lawsuit
against the City of Miami, Case No. 94-2197-CIV-FERGUSON, in the
United States District Court Southern District of Florida, in
Miami -Dade County, Florida; and
WHEREAS, the claim and lawsuit has been investigated by the
Tort Committee of the City Attorney's Office and the Division of
Risk Management pursuant to Sections 18-221 through 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
City of Miami's Insurance and Self -Insurance Trust Fund and
recommend that said claim and lawsuit be settled for the sum of
$475,000,00, to be paid under certain conditions in the following
manner: (a) On or before December 1, 1999, $100,000.00 shall be
CITY Cofon3SI0iT
MEETING OF
flrT 1 2 1199
lwsolution No.
paid as Back Pay to Anais Aurora Badia; (b) On or before
December 1, 1999, $190,000.00 to Cohen & Kandell, P.A.,
representing fees due them pursuant to their contractual
agreement for representation of Plaintiff in this matter; (c) On
or before December 1, 1999, $23,750.00 to Hicks & Anderson, P.A.,
representing fees due them pursuant to their contractual
agreement for representation of Plaintiff in this matter; (e) On
or before December 1, 1999, $733.00 to Hicks & Anderson, P.A.
representing reimbursements for costs expended in their
representation of. Plaintiff in this matter; (d) On or before
October 15, 2000, to Anais Aurora Badia $137,782.00 representing
payment for non -pecuniary, non -wage damages;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized
to pay Anais Aurora Badia, without admission of liability, the
sum of $475,000.00 in full and complete settlement of any and all
claims and demands against the City of Miami, for the Case
Anais Aurora Badia v. City of Miami, in the United States
District Court Southern District of Florida, Case
No. 94-2197-CIV-FERGUSON, upon the execution of a general release
releasing the City of Miami, its present and former officers,
agents and employees from any and all claims and demands, with
- 2 - S9- 768
funds therefor hereby allocated from the Self -Insurance Trust and #
Insurance Fund, Index Code No. 515001.624401.6.651.
Section 3. This Resolution shall become effective 4
immediately upon its adoption and signature of the Mayor'-.
PASSED AND ADOPTED this day of 1999, s
_12th y octoh_r
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not incicatc ^pprrwpl of
f
this legislation by signing it in the desir ii=.'Ood niact r,rovin�-d, caid I�-!,' ;'T.y
becomes effective with the elapse of ten (10) da, � i' i1 t li: ('" Qi (✓ t;.I on
regarding same, without the Mayor exr
i u
ATTEST: w atter s i(y Cleric
WALTER J. F
CITY CLERILoO
it
CORRECTNESS:�
F ATTORNEY
805:RCL
It the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
j upon override of the veto by the City Commission.
CITY OF NIIAA7I
CITY ATTORNEY"S OFFICE
11IEMORANDU11 ,/
m
TO: Honorable Mayor and of "city C mission
FROM: Alejandro Vilarello. Cite: n, .yi :le
DATE: October 4. 1999.
RE: Anais.4ur•ora I34kl%f 1"�" 01'AVianli. in the United States District Court
Southern District orida. Case No. 9 3-2I 97-CIS%-FERGUSON
(J-99-829)
This case involves alleged violations of First and Fourteenth Amendment rights and
discrimination of gender and national origin under Title VII of the Civil Rights Act of 1964. In
October, 1998, Plaintiff obtained a judgment against the City pursuant to a jury verdict in the
amount of S640.600; plus attomev's fees and costs in the amount of S252,292.68, totaling
$892,892.68. The Cite has appealed to the Eleventh Circuit Court of Appeals. Plaintiff has
cross -appealed on the issues decided in the City's favor.
The City and Plaintiff have entered into an agreement to dismiss the appeal, subject to the
approval of the City Commission and the Oversight Board. The terms of the settlement are as
follows: the gross recovery to Plaintiff will be $475,000; (1) S100,000 as back pay, and S237,218
payable on or before December 1, 1999; (2) the balance of S137,182 payable on or before
October 15, 2000.
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami in the above -referenced case in the amount of S475,000. The Torts
Committee of the City Attomey's Office and the Risk Management Division have investigated
and evaluated this case and have approved the recommendation of this settlement. Funds in the
amount of S475,000 will be allocated from the Insurance and Self Insurance Trust Fund, Index
Code No. 515001.624401.6.651.
W362:RCL
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Luie Brennan, Acting Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
I
FROM: Maria J. Chiaro, Assistant City Attorney&
044000e
DATE: September 27, 1999
RE: Financial revicxv acid approval for Settlement
!' Anais Aurora Badia v. City of Miami, in the United States District Court
{ Southern District of Florida, Case No. 94-2197-CIV-FERGUSON
(J-99-829)
Attached is a copy of a resolution which is being placed on the City Commission Agenda
for the meeting of October 12, 1999. If approved, the matter of Anais Aurora Badia v. City of Miami,
in the United States District Court Southern District of Florida, Case No. 94-2197-CIV-FERGUSON
will be settled for S475,000. Funds are available from the Self -Insurance and Insurance Trust Fund,
Index Code No. 515001.624401.6.651:
Please indicate your review and approval hereinbelow by affixing your signature and
return this original memorandum to Rita Lagace, Administrative Assistant I, of this office as soon
as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIN7ISION:
o 3t tae9 FWW F7s�e y�re zno
/t aoS
MARIO SOLDEVILLA
ADMINISTRATOR
W358:RCL City of Miami
Management & B
Date
Time "
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
LUIE BRET<NAN
ACTING DIRECTOR
Amount of $ ouu k
!bailable in account nurnbil:
r-S/ -rY'.�vccs.
Verifi
t