HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: September 27, 2018
RE: Proposed Settlement for City Commission Meeting — September 27, 2018
Jose Gonzalez v. City of Miami
File ID No. 4360
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
$175,000.00, which includes $100.00 for a separate general release.
These workers' compensation actions were brought by Jose Gonzalez, a former
City of Miami police lieutenant for the Miami Police Department, for injuries/occupational
diseases Mr. Gonzalez sustained in the course and scope of his employment with the
City.
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 $174,900.00 are available from Account No.
50001.301001.524000.0000.00000 and $100.00 from Account No.
00001.980000.531010.0000.00000.
VM/BLM/WAJ
Attachment(s)
cc. Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
File Number: 4360
City of Miami
Legislation
Resolution
Enactment Number: R-18-0407
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:9/27/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF JOSE GONZALEZ, SUBJECT TO
THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $175,000.00, 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, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS IN THE AMOUNT OF $174,900.00 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 Gonzalez 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 Department of Risk Management 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 $175,000.00;
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 Gonzalez
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $175,000.00, 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 with funds in the amount
of $174,900.00 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.'
' 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.
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 9117/2018