HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: June 14, 2018
RE: Proposed Settlement for City Commission Meeting — June 14, 2018
Carolyn Grayer vs. City of Miami
File No.: 3801
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City") by the above claimant, in the amount of
$85,100.00, which includes $100.00 for a separate general release and resignation
agreement.
These workers' compensation actions were brought by Carolyn Grayer, a City
identification tech for the Miami Police Department, for injuries/occupational diseases
sustained from March 22, 2003 in the course and scope of her employment with the
City.
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 $85,000.00 from Account No. 50001.301001.524000.0000.00000 and
funds in the amount of $100.00, for the separate general release, from Account No.
00001.980000.531010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Anna Medina, Agenda Coordinator
VM/BLM/WAJ/mg
City of Miami
Legislation
Resolution
Enactment Number: R-18-0236
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3801 Final Action Date:6/14/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF CAROLYN GRAYER, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $85,100.00, INCLUDING $100.00 FORA SEPARATE GENERAL RELEASE,
IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED
AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND
EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A
SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL
AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS IN THE AMOUNT OF $85,000.00 FROM ACCOUNT NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR
THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, Carolyn Grayer 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 $85,100.00;
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 Carolyn
Grayer and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the
total sum of $85,100.00, which includes $100.00 for the 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 as well as a general release of the City, its present
and former officers, agents, and employees, from any and all claims and demands, with funds in
the amount of $85,000.00 allocated from Account No. 50001.301001.524000.0000.00000 and
funds in the amount of $100.00, for the separate general release, allocated from Account No.
00001.980000.531010.0000.00000.
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.
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 Attor ey 5/3/2018
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.