HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5170
Date: 11/20/2018
Commission Meeting Date: 01/10/2019
Type: Resolution
Subject: Settlement - Jose Oliva
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted:
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Jose Oliva, in the amount of $425,000.00, inclusive of costs and attorney's fees and
$100.00 for a separate general release.
Background of Item:
The workers compensation actions were brought by Jose Oliva, a retired City of Miami
Police Officer, for a unique form of hypertension that resulted in a line -of -duty disability
retirement on September 05th, 2010 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 $424,900.00 are available from Account No.
50001.301001.524000.0000.00000 and $100.00 are available from Account No.
00001.980000.531010.0000.00000.
Budget Impact Analysis
Item is an Expenditure
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
00001.980000.531010.0000.00000
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Sandra Bridgeman
Valentin J Alvarez
Nikolas Pascual
Barnaby L. Min
Victoria Mendez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
11/20/2018 12:04 PM
12/13/2018 1:36 PM
12/24/2018 8:55 AM
12/24/2018 9:01 AM
12/24/2018 10:58 AM
12/26/2018 9:49 AM
12/27/2018 9:08 AM
12/27/2018 4:31 PM
City Commission Maricarmen Lopez Meeting Completed 01/10/2019 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 01/18/2019 2:44 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 01/18/2019 3:50 PM
Office of the City Clerk City Clerk's Office Rendered Completed 01/18/2019 3:50 PM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0007
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5170 Final Action Date:1/10/2019
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 $425,000.00 INCLUSIVE OF COSTS, ATTORNEY'S FEES, AND 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 AND 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 $424,900.00 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 Oliva 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 Department of Risk Management and the Office of the City Attorney
have 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 recommend that all dates of
accident and claims be settled for the sum of $425,000.00;
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 Oliva
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $425,000.00, which includes costs, attorney's fees, and 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 and 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 $424,900.00 allocated from Account No 50001.301001.524000.0000.00000 and
funds in the amount of $100.00 allocated from Account No. 00001.980000.531010.0000.00000.
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. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 12/27/2018
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.