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: February 8, 2018
RE: Proposed Settlement for City Commission Meeting — February 8, 2018
Ada M. Rojas v. City of Miami
File ID No. 3358
The attached proposed Resolution seeks authorization for settlement of all
claims brought against the City of Miami ("City") by the above claimant, in the amount of
$196,024.10, including $100.00 for a separate General Release.
These workers' compensation actions were brought by Ada M. Rojas, a former
Coordinator for the City's Community Relations Board, for injuries Ms. Rojas sustained
in the course and scope of her employment with the City. The overall agreement also
provides a general release of all other claims 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 $195,924.10 are available 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.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Todd B. Hannon, City Clerk
Anna Medina, Agenda Coordinator
VM/BLM/WAJ/mg
File Number: 3358
City of Miami
Legislation
Resolution
Enactment Number: R-18-0040
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:2/8/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF ADA M. ROJAS, AND HER
COUNSEL, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $196,024.10, 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
$195,924.10 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, Ada M. Rojas 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 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
$196,024.10;
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 Ada M. Rojas
and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $196,024.10, 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, 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, with funds in the
amount of $195,924.10 allocated 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 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 1/25/2018
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.