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: June 22, 2017
RE: Proposed Settlement for City Commission Meeting — June 22, 2017
Brenda Archer v. City of Miami
File ID No. 2152
The attached proposed Resolution seeks authorization for the settlement of all
claims against the City of Miami ("City") by Brenda Archer ("Claimant"), leaving open a
claim for future medical benefits, in the amount of $50,000.00, which includes $100.00
for a separate release and resignation agreement.
These workers' compensation actions were brought by Brenda Archer, a Police
Officer for the Miami Police Department, for injuries/occupational diseases sustained in
the course and scope of her employment with the City. The overall agreement also
provides a separate release of all other claims and a resignation agreement effective
upon approval of this settlement.
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 $49,900.00 are available from Account No.
50001.301001.524000.0000.00000 and funds in the amount of $100.00, for the
separate release and resignation agreement, are available from Account No.
00001.980000.531010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/WAJ/vja
File Number: 2152
City of Miami
Legislation
Resolution
Enactment Number: R-17-0309
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:6/22/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF BRENDA ARCHER, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $50,000.00, INCLUDING $100.00 FOR A SEPARATE RELEASE AND
RESIGNATION AGREEMENT, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES
OF ACCIDENT, LEAVING OPEN ONE CLAIM FOR FUTURE MEDICAL BENEFITS,
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 RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS,
AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS AND
RESIGNATION AGREEMENT; ALLOCATING FUNDS IN THE AMOUNT OF
$49,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN
THE AMOUNT OF $100.00, FOR THE SEPARATE RELEASE AND RESIGNATION
AGREEMENT, FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Brenda Archer 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, and the 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 ("City Code"), and recommends that all dates of accident and claims be
settled for the sum of fifty thousand dollars ($50,000.00), which includes one hundred dollars
($100.00) for the separate release of the City its present and former officers, agents, and
employees, from any and all claims and demands and a resignation agreement, leaving open
one (1) claim for future medical benefits;
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, Brenda
Archer, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of fifty thousand dollars ($50,000.00), which includes one hundred dollars
($100.00) for the separate release and resignation agreement, in full settlement of any and all
claims and dates of accident, leaving open one (1) claim for future medical benefits, 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 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.
the City, its present and former officers, agents, and employees, from any and all claims and
demands and separation agreement, with funds in the amount of $49,900.00 allocated from
Account No. 50001.301001.524000.0000.00000 and funds in the amount of one hundred dollars
($100.00) for the separate release and resignation agreement, allocated from Account No.
00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' ndez, City Attor ey 6/13/2017
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.