HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00303 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSE OLIVA,
SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $225,000, 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, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON
EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE
CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND
EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO, 05002.301001.515000.0000.00000.
WHEREAS, Jose Oliva 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 $225,000, excluding a
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, Jose Oliva, and his
counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total sum of
$225,000, 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, excluding a claim for future
medical benefits, upon executing a settlement agreement and general release of the City of Miami its
present and former officers, agents, and employees, from any and all claims and demands, except as
noted above, with funds allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
05002.301001.524000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page I of 2 File Id: 11-00303 (-Version: I) Printed On: 3/2972011
Fife Number: 11-00303
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} 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.
City of Miami Page 2 of 2 File Id: 11-00303 (Version: 1) Printed 0n: 3/29/2011