HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5420
Date: 01/16/2019
Commission Meeting Date: 02/28/2019
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted:
Type: Resolution
Subject: Settlement - Dalucia Nordelus-Lubin
Purpose of Item:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Dalucia Nordelus-Lubin, in the amount of $114,000.00, inclusive of costs and
attorney's fees, as well as $100.00 for a separate general release.
Background of Item:
The workers compensation actions were brought by Dalucia Nordelus-Lubin, a City of
Miami Solid Waste Collector, for multiple accidents/injuries sustained in the course and
scope of her employment with the City of Miami.
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 $113,900.00 are available from Account No.
50001.301001.524000.0000.00000 and $100.00 are available from Account No.
00001.980000.531010.0000.00000.
Budget Impact Analysis
Item is an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
$114,000.00
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Sandra Bridgeman
Nikolas Pascual
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
01/16/2019 12:33 PM
01/22/2019 10:17 AM
01/24/2019 8:40 AM
01/24/2019 4:46 PM
01/29/2019 9:49 AM
01/29/2019 12:35 PM
01/29/2019 2:04 PM
01/30/2019 8:19 PM
02/28/2019 9:00 AM
03/05/2019 4:53 PM
03/05/2019 5:09 PM
Office of the City Clerk City Clerk's Office Rendered Completed 03/05/2019 5:10 PM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0076
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5420 Final Action Date:2/28/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF DALUCIA NORDELUS-LUBIN AND
HER COUNSEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440,
FLORIDA STATUTES, THE TOTAL SUM OF $114,000.00, INCLUSIVE OF COSTS
AND ATTORNEY'S FEES AS 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 AGREEMENT, 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
$113,900.00 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, Dalucia Nordelus-Lubin 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 Department of Risk Management and the Office of the City Attorney
have 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 recommend that all dates of
accident and claims be settled for the sum of $114,000.00;
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 authorizedni to pay to and on behalf of Dalucia
Nordelus-Lubin and her counsel, subject to the conditions imposed by Chapter 440, Florida
Statutes, the total sum of $114,000.00, inclusive of costs and attorney's fees 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 agreement, 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 $113,900.00 allocated from Account No 50001.301001.524000.0000.00000 and funds in the
amount of $100.00 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.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 1/30/2019
1 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.