HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: September 13, 2018
RE: Proposed Settlement for City Commission Meeting — July 26, 2018
Jose J. Soto vs. City of Miami
Office of the Judge of Compensation Claims ("OJCC") Case Nos.: 06-
0336085WJH; 06-033723WJH; 14-013933WJH
File No. 4302
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami ("City") by the above claimant, in the amount of
$90,000.00, which includes $100.00 for a separate general release.
These Workers' Compensation actions were brought by Mario Trespalacios, Esq.
and Law Offices of Mario Trespalacios, P.A., on behalf of Jose J. Soto, a retired City of
Miami Park Manager II, for injuries/occupational diseases sustained in the course and
scope of his employment with the City of Miami.
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 $89,900.00 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.
Attachment(s)
cc. Emilio T. Gonzalez, City Manager
Miriam M. Arcia, Agenda Coordinator
VM/BLM/RSO/cmf
City of Miami
Legislation
Resolution
Enactment Number: R-18-0361
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4302 Final Action Date:9/13/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF JOSE J. SOTO, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM
OF $90,000.00, 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 $89,900.00 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, Jose J. Soto has alleged various dates of accident in the course and scope
of his 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 and the Risk Department have investigated
all these dates of accidents and claims pursuant to Sections 18-221 through 18-232 of the Code
of the City of Miami, Florida, as amended (City Code), and recommend that all dates of
accidents and claims be settled for the sum of Ninety Thousand Dollars ($90,000.00);
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 J. Soto
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $90,000.00, which includes $100.00 for a separate general release, in full settlement of
any and all claims and dates of accidents 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.
1 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.
Section 3. Funds are allocated in the amount of $89,900.00 from Account No.
50001.301001.524000.0000.00000 and in the amount of $100.00, for the separate general
release, from Account No. 00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor2.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 8/23/2018
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.