HomeMy WebLinkAboutAgenda Item Summary FormDate: 11/27/2018
AGENDA ITEM SUMMARY FORM
File ID: #5169
Commission Meeting Date: 01/24/2019
Type: Resolution
Subject: Settlement - Victor Palacios
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 Victor Palacios, in the amount of $80,000.00, inclusive of costs and attorney's fees,
as well as $100.00 for a separate general release.
Background of Item:
The workers compensation actions were brought by Victor Palacios, a retired City of
Miami Police Officer, for multiple accidents sustained 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 $79,900.00 are available from Account No.
50001.301001.524000.0000.00000 00000 and $100.00 are available from Account No.
00001.980000.531010.0000.00000.
Budget Impact Analysis
Item is an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
00001.980000.531010.0000.00000
Reviewed By
Department of Risk Management Ann -Marie Sharpe
Office of Management and Budget Fred Pericles
Office of Management and Budget Christopher M Rose
City Manager's Office
Sandra Bridgeman
City Manager's Office
Nikolas Pascual
Legislative Division
Valentin J Alvarez
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
11/27/2018 12:09 PM
Budget Analyst Review
Completed
12/13/2018 1:34 PM
Budget Review
Completed
12/24/2018 8:54 AM
Assistant City Manager Review
Completed
12/24/2018 8:56 AM
City Manager Review
Completed
12/24/2018 9:52 AM
Legislative Division Review
Completed
12/24/2018 10:56 AM
Deputy City Attorney Review
Completed
12/24/2018 11:00 AM
Approved Form and Correctness
Completed
12/26/2018 4:29 PM
Meeting
Completed
01/24/2019 9:00 AM
Signed by the Mayor
Completed
02/04/2019 4:54 PM
Signed and Attested by the City Clerk
Completed
02/04/2019 5:33 PM
Rendered
Completed
02/04/2019 5:33 PM
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Legislation 3500 Pan American Drive
Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-19-0041
File Number: 5169 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.
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 iey 12/2612018
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.