HomeMy Public PortalAbout2019-65 Approving a settlement with Marcelo VilchesRESOLUTION NO. 2019.65
A RESOLUTION OF THE VILLAGE COLINCIL OF'THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
SETTLEMENT BETWEEN THE VILLAGE AND
MARCELO VILCHES; PROVIDING FOR
AUTHORIZAI]ION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Marcelo Viches ('oMr. Vilches") was employed by the Village of Key
Biscayne ("Village") in the Village's Public Works Department from May 5, 2014 until his
termination of employment on Marclr 17,2015; and
WHEREAS, on or about August 30, 2015, Mr. Vilches filed a complaint against the
Village in the Circuit Court of the 1lth Judicial Circuit in and for Miami-Dade County, Florida,
styled Marcelo Vilches v. Village of Key Biscayne, Case No. l5-0lgg87-CA-01 (the "Lawsuit"),
alleging workers' compensation retaliation in violation of F.S. 440.205; and
WHEREAS, the Village denies the allegations asserted in the Lawsuit; and
WHEREAS, the Village and Mr. Vilches, through their respective representatives, have
engaged in discussions and negotiations to attempt to settle the Lawsuit; and
WHEREAS, Mr. Vilches is willing to sign a Settlement Agreement and General Release
(attached hereto as Exhibit o'1") extinguishing any and all claims including, but not limited to, his
workers' compensation retaliation claim and all past and present claims related to his
employment with the Village, together with any costs and/or attorney's fees, in exchange for a
lump-sum payment of $5,000.00 (funds that will be provided by insurance); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That each of the above-stated recitals are hereby adopted, confirmed, and
incorporated herein.
Section 2. That the V illage Council approves the settlement of all claims that were or
could have been asserted by Mr. Vilches, including costs and attorney's fees, for the lump sum
of $5,000.00 (funds that will be provided by insurance).
Section 3. That the appropriate Village officials are author ized to execute all
documents deemed necessary by the Village Attorney to implement the intent of this Resolution.
Section 4. That this Resolution shall be effective immediately upon adoption.
PASSED and ADOPTED this 29th day of October,20lg.
,r/ /
MICHAEL W. DAVEY , MAYOR
MED CMC
CLERK
A
APPROVED AS&TO FORM AND LEGAL
/.^
VILLAGE ATTORNEY
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