HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #9199
Date: 06/09/2021
Commission Meeting Date: 07/08/2021
Type: Resolution
Subject: Settlement - Lori Boykin
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: All
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Lori Boykin, in the amount of $95,000.00, inclusive of a separate general release of
all other claims, in full settlement of all claims and dates of accident/occupational
diseases alleged against the City of Miami, it's officers, agents and employees without
admission of liability upon executing a settlement, hold harmless and indemnification
agreement.
Background of Item:
The workers compensation actions were brought by Lori Boykin, a laborer I with the City
of Miami Parks Department, for date of accidents sustained on October 19, 2018 and
May 15, 2019 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 accidents and has approved the recommendation to settle all workers compensation
indemnity and medical benefits (except for past authorized treatments that remain
unpaid), including any unauthorized treatment, for all dates of accident. This includes
claimant paid attorney's fees of $19,000.00 and costs of $1,000.00. The claimant shall
net $74,900.00. From this net the claimant will have to fund a Medicare Set Asist by
annuity and seed money representing a total cost of $38,061.00 (paying out a total of
$49,402.00) The claimant will receive an additional $100.00 to execute a separate
general release of any and 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 as well as a release of the
City of Miami, its present and former officers, agents, and employees, from any and all
claims and demands, with funds allocated from the Internal Service Fund, Index Code
No. 50001.301001.524000.0000.00000.
Budget Impact Analysis
Item has NOT an Expenditure
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Leon P Michel
Fernando Casamayor
Valentin J Alvarez
Arthur Noriega V
Barnaby L. Min
Victoria Mendez
Nicole Ewan
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed 06/09/2021 5:12 PM
Completed 06/22/2021 12:37 PM
Completed 06/22/2021 8:29 PM
Completed 06/22/2021 10:19 PM
Completed 06/23/2021 9:47 AM
Completed 06/28/2021 5:34 PM
Completed 06/28/2021 5:39 PM
Completed 06/28/2021 6:50 PM
Completed 07/08/2021 9:00 AM
Completed 07/12/2021 5:27 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0278
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9199 Final Action Date:7/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF LORI BOYKIN, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM
OF $95,000.00, INCLUSIVE OF COSTS AND ATTORNEYS' 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, 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 $94,900.00 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, Lori Boykin 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 and the Department of Risk Management
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 ("City Code"), and recommend
that all dates of accident and claims be settled for the sum of $95,000.00, which includes
$100.00 for a separate release of the City, its present and former officers, agents, and
employees, from any and all claims and demands;
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 Lori Boykin
and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $95,000.00, which includes $100.00 for a 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 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
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
$94,900.00 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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 6/2812021