HomeMy WebLinkAboutR-19-0041City of Miami
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Legislation
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Resolution: R-19-0041
File Number: 5169
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF VICTOR PALACIOS,
SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA
STATUTES, THE TOTAL SUM OF $80,000.00 INCLUSIVE OF COSTS AND
ATTORNEY'S FEES 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
$79,900.00 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, Victor Palacios 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 $80,000.00;
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 Victor
Palacios and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $80,000.00 inclusive of costs, and $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 $79,900.00 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.
City of Miami Page 1 of 2 File ID: 5169 (Revision:) Printed On: 2/19/2019
File ID: 5169
Enactment Number: R-19-0041
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 12/26/2018
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.
City of Miami Page 2 of 2 File ID: 5169 (Revision:) Printed on: 2/19/2019