HomeMy WebLinkAboutCity Attorney MemoCITY OF NIIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, Ciiy Attorney
DATE: April 20, n18
RE: April 26, 2018 Commission Meeting Agenda — Substitution of CA.8
Settlement — Bertha Lozano Sotoaguilar
File No. 3792
Item CA.8 on the April 26, 2018 City Commission Agenda request authorization
to settle all claims alleged against the City of Miami by Bertha Lozano Sotoaguilar. The
item as it appears on the published agenda inadvertently listed an incorrect settlement
amount. The correct settlement amount is a total of $125,000.00, which includes $100.00
for a separate general release.
The item is being substituted to reflect the corrected amount.
cc. Emilio T. Gonzalez, City Manager
Anna Medina, Agenda Coordinator
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City of Miami
Legislation
Resolution
City Half
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3792
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF BERTHA LOZANO
SOTOAGUILAR, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440,
FLORIDA STATUTES, THE TOTAL SUM OF $125,000.00, INCLUDING $100.00
FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL
CLAIMS AND DATES OF ACCIDENT 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 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 $124,900.00 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, Bertha Lozano Sotoaguilar 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 $125,000.00, which includes $100.00 for a separate general release;
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 Bertha
Lozano Sotoaguilar and her counsel, subject to the conditions imposed by Chapter 440, Florida
Statutes, the total sum of $125,000.00, which includes $100.00 for a 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, allocating
funds in the amount of $124,900.00 from Account No. 50001.301001.524000.0000.00000 and
' 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.
City of Miami Page 1 of 2 File 1D: 3792 (Revision: A) Printed On: 412012018
File 1D: 3792
Enactment Number:
funds in the amount of $100.00, for the separate general release, from Account No.
000 01.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor,2
APPROVED AS TO FORM AND CORRECTNESS:
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.
City of Miami Page 2 of 2 File ID: 3792 (Revision: A) Printed on: 4/20/2018