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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #10842 Date: 10/04/2021 Commission Meeting Date: 10/28/2021 Requesting Department: Department of Risk Management Sponsored By: District Impacted: Type: Resolution Subject: Settlement - Teresa Borkowski vs. City of Miami Purpose of Item: Attached resolution seeks authorization of all claims against the City of Miami ("CITY") by Teresa Borkowski, in the amount of $35,415.00. Background of Item: The workers compensation actions were brought by Teresa Borkowski, a retired City of Miami Police Officer, for injuries sustained on November 19, 1997 and July 14, 2015 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 $34,415.00 are available from Account No. 50001.301001.524000.0000.00000 Budget Impact Analysis Item is NOT Related to Revenue 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 Maricarmen Lopez 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 Completed Completed Completed Completed Completed Completed Completed Completed Completed 10/04/2021 9:49 AM 10/05/2021 9:36 AM 10/06/2021 1:34 PM 10/07/2021 11:54 AM 10/07/2021 11:56 AM 10/07/2021 1:50 PM 10/07/2021 3:49 PM 10/08/2021 2:25 PM 10/28/2021 9:00 AM 11/01/2021 7:52 PM City of Miami Legislation Resolution Enactment Number: R-21-0439 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10842 Final Action Date:10/28/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ON BEHALF OF TERESA BORKOWSKI, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,415.00 IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR ALL DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, UPON EXECUTING A SETTLEMENT AGREEMENT; ALLOCATING FUNDS IN THE AMOUNT OF $35,415.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000. WHEREAS, Teresa Borkowski 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 claims for attorneys' fees and costs be settled for the sum of $35,415.00; 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 on behalf of Teresa Borkowski, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of $35,415.00 in resolution of all issues pertaining to attorneys' fees and costs on both claims and dates of accident alleged against the City, its officers, agents, and employees upon executing a settlement agreement, with funds in the amount of $35,415.00 allocated from Account No 50001.301001.524000.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption. 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. APPROVED AS TO FORM AND CORRECTNESS: