Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 11/17/2021 
Agenda Category:REGULAR RESOLUTION

Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING SETTLEMENT OF CLAIM NO. 000160-008119-EP-01, DR. JULIA BOTEL V. THE CITY OF RIVIERA BEACH; AUTHORIZING THE CITY TO MAKE PAYMENT IN THE AMOUNT OF TWELVE THOUSAND ONE HUNDRED SEVENTY NINE DOLLARS AND FORTY CENTS ($12,179.40) AS FULL AND FINAL SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE. DAWN S. WYNN, CITY ATTORNEY, 561-845-4068

Recommendation/Motion: The Office of the City Attorney recommends approval of this Resolution. 

Originating Dept CITY ATTORNEY  Costs $12,179.40 
User Dept. Funding Source
AdvertisedNo Budget Account Number

150215102-545000 GL

Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

On or about May 19, 2021, the City received a Notice of Claim on behalf of Dr. Julia A. Botel (hereinafter “Claimant”) and against the City of Riviera Beach for damages she sustained as a result of the City Clerk’s negligence during the run up to the March 9, 2021 municipal election in and for the City of Riviera Beach, Palm Beach County, Florida.

 

Prior to the March 9, 2021 municipal election qualifying period, the Claimant alleged that the City Clerk was negligent in distributing an outdated form to qualify for reelection, an action the City Clerk took while in the course and scope of her employment.

 

Based solely on the outdated form, Claimant had to defend two separate lawsuits (Spiritis v. Botel, et al., Case No. 50-2020-CA-013882; Searcy v. Botel, 50-2020-CA-014568) and thereby incurred legal fees and costs totaling Twelve Thousand One Hundred Seventy Nine Dollars and Forty Cents ($12,179.40).

 

The City is not insured for this type of claim which precipitated counsel for the Claimant and counsel for the City to negotiate this matter and come to a settlement.

 

Counsel for the City and Risk Management concur that settlement in the amount of Twelve Thousand One Hundred and Seventy Nine Dollars Forty Cents ($12,179.40), inclusive of all attorneys’ fees and costs, is in the City’s best interest, subject to City Council approval. 

 
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
Memo_to_Settle_Claim_Botel.docxMemo to Mayor and CC to Approve Claim Botel11/9/2021Cover Memo
Resolution_to_Settle_Claim.docResolution 114-21 to Settle Claim Botel11/9/2021Resolution
Settlement_Agreement_and_General_Release_signed_and_notarized.pdfSettlement Agreement and General Release11/9/2021Agreement
Botel_-_768.28_Reimbursement_Request__(1).pdfClaim Letter 11/9/2021Backup Material
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved11/9/2021 - 4:27 PM
PurchasingWilliams, GlendoraApproved11/9/2021 - 4:57 PM
Financesherman, randyApproved11/9/2021 - 6:08 PM
AttorneyWynn, DawnApproved11/9/2021 - 9:38 PM
City ClerkSmith, Tawanna Approved11/10/2021 - 8:24 AM
City ManagerJacobs, DeirdreApproved11/10/2021 - 7:06 PM