HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5727
Date: 04/01/2019
Commission Meeting Date: 12/12/2019
Type: Resolution
Subject: Settlement - Julio Dotel
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: All
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Julio Dotel, in the amount of $125,000.00, 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 Julio Dotel, a City of Miami Solid
Waste Collector, for multiple accidents/injuries sustained in the course and scope of her
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 $124,900.00 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 NOT Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
125,000.00
General Account No: 50001.301001.524000.0000.00000 and
00001.980000.531010.0000.00000
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Reviewed B
Ann -Marie Sharpe
Fred Pericles
Christopher M Rose
Sandra Bridgeman
Nikolas Pascual
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
04/01/2019 4:59 PM
04/03/2019 2:55 PM
04/05/2019 10:41 AM
04/09/2019 1:20 PM
04/09/2019 1:53 PM
04/09/2019 1:58 PM
04/09/2019 2:08 PM
04/11/2019 5:52 PM
04/25/2019 9:00 AM
City Commission Nicole Ewan Meeting Completed 05/09/2019 9:00 AM
City Commission Nicole Ewan Meeting Completed 05/23/2019 9:00 AM
City Commission Todd B. Hannon Meeting Completed 06/13/2019 9:00 AM
City Commission Maricarmen Lopez Meeting Completed 12/12/2019 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5727 Final Action Date:12/12/2019
MAY BE DEFERRED
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF JULIO DOTEL, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM
OF $125,000.00, INCLUSIVE OF COSTS AND ATTORNEY'S FEES, AS WELL AS A
SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ANY AND 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 AGREEMENT, 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 FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL
RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Julio Dotel 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 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 Julio Dotel
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $125,000.00, which includes costs and attorney's fees, as well as 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
agreement, 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
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.
demands, with funds in the amount of $124,900.00 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.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 4111/2019
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.