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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez DATE: April 13, 2017 RE: Proposed Settlement for City Commission Meeting — April 13, 2017 Yaneisys Triana v. City of Miami Case No. 16-031043CMH File No. 1962 The attached proposed Resolution seeks authorization for settlement of all claims against the City of Miami ("City") by Yaneisys Triana ("Claimant"), in the amount of $110,850.00, which includes $100.00 for a general release and separation agreement. From this lump sum, the Claimant authorizes a payment by Gallagher - Bassett Services, Inc. to the City of $7,027.32 for past salary adjustments owed by the Claimant. These workers' compensation actions were brought by Yaneisys Triana, a Police Officer for the Miami Police Department, for injuries/occupational diseases sustained in the course and scope of her employment with the City. Should this settlement be approved, she will voluntarily separate from employment with the City as part of the general release and separation agreement. The Office of the City Attorney has investigated and evaluated these claims and dates of accident and has approved the recommendation of this settlement. Funds, in the amount of $110,750.00 are available from Internal Service Fund, Index Code No. 50001.301001.524000.0000.00000 and $100.00 from Non -Departmental Account No. 00001.980000.531010.0000.00000. Attachment(s) cc: Daniel J. Alfonso, City Manager Christopher M. Rose, Director, Office of Management and Budget Anna Medina, Agenda Coordinator VM/BLM/WAJ/mg City of Miami Legislation Resolution Enactment Number: R-17-0167 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1962 Final Action Date:4/13/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF YANEISYS TRIANA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $110,850.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT, A SEPARATION AGREEMENT AND A GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $110,750.00 FROM INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. WHEREAS, Yaneisys Triana has alleged various dates of accident in the course and scope of her 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 Office of the City Attorney has investigated all these dates 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 all dates of accident and claims be settled for the sum of $110,850.00; 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 authorized' to pay to and on behalf of Yaneisys Triana, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $110,850.00, which includes $100.00 fora 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, hold harmless and indemnification agreement, a separation agreement and a general release of the City and its present and former officers, agents, and employees from any and all claims and demands with $110,750.00 in funds allocated from the Internal Service Fund, Index Code No. 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. 50001.301001.524000.0000.00000, and $100.00 in funds from the Non -Departmental Account No. 00001.980000.531010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey ) 4/4/2017 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.