HomeMy WebLinkAboutAgenda Item Summary FormDate: 10/04/2018
AGENDA ITEM SUMMARY FORM
File ID: #4705
Commission Meeting Date: 11/15/2018
Type: Resolution
Subject: Settlement - Miguel Vieio
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 Miguel Viejo, in the amount of $110,000.00, which includes $100.00 for a separate
general release and resignation agreement.
Background Information:
The workers compensation actions were brought by Miguel Viejo, a City of Miami Waste
Collector for the Solid Waste Department, for injuries sustained on November 14th,
2017 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 $109,900.00 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
Reviewed By
Department of Risk Management Frank Gomez
Office of Management and Budget Fred Pericles
Office of Management and Budget Christopher M Rose
City Manager's Office
Sandra Bridgeman
Legislative Division
Valentin J Alvarez
City Manager's Office
Nikolas Pascual
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
City Commission
Maricarmen Lopez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Department Head Review
Completed
10/04/2018 11:34 AM
Budget Analyst Review
Completed
10/04/2018 12:52 PM
Budget Review
Completed
10/05/2018 10:55 AM
Assistant City Manager Review
Completed
10/17/2018 2:56 PM
Legislative Division Review
Completed
10/18/2018 3:09 PM
City Manager Review
Completed
10/23/2018 10:28 AM
Deputy City Attorney Review
Completed
10/23/2018 11:47 AM
Approved Form and Correctness
Completed
11/01/2018 6:58 PM
Meeting
Completed
11/15/2018 9:00 AM
Signed by the Mayor
Completed
11/26/2018 3:13 PM
Signed and Attested by the City Clerk Completed
11/26/2018 3:49 PM
Rendered
Completed
11/26/2018 3:50 PM
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Legislation 3500 Pan American Drive
Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-18-0492
File Number: 4705 Final Action Date:11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF MIGUEL VIEJO, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM
OF $110,000.00, 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 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 $109,900.00
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, Miguel Viejo 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 in consultation of 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 $110,000.00, which includes $100.00 for
a bseparate 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 Miguel Viejo
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $110,000.00, 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 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 with funds in the amount
of $109,900.00 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.
' 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:
1
Un ndez, City Attor ey 11/1/2018
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.