HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: January 12, 2017` -
RE: Proposed Settlement
Jerome Abraham v. City of Miami
Case No.: None Assigned
File No. 1459
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 $148,099.30, which
includes $100.00 for a separate general release.
These workers' compensation actions were brought by Jerome Abraham, a former City
of Miami Police officer, for injuries/occupational diseases sustained in the course and scope of
his 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
$147,999.30, are available from Account No. 50001.301001.524000.0000.00000 and funds in
the amount of $100.00, for the separate general release, are available from Account No.
00001.980000.531010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Anna Medina, Agenda Coordinator
VM/BLM/WAJ/mg
City of Miami City Hall
W Y" 3500 Pan American Drive
Legislation Miami, FL 33133
N, www.miamigov.com
Resolution
Enactment Number: R-17-0009
File Number: 1459 Final Action Date:1/12/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF JEROME ABRAHAM, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $148,099.30, 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 AS WELL AS A GENERAL
RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS IN THE AMOUNT OF $147,999.30 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.
WHEREAS, Jerome Abraham has alleged various dates of accident in the course and
scope of his employment with the City of Miami, and filed claims against the City of Miami 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 $148,099.30;
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, Jerome
Abraham, and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $148,099.30, 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 of Miami, 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 of Miami, its
present and former officers, agents, and employees, from any and all claims and demands.
Section 3. Funds in the amount of $147,999.30 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.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor ey 12/30/2016
' 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.