HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OT THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor a ii' Membe of the City Commission
FROM: Jorge L. Fernand-, y ttorney
JII
DATE: July 15, 2005
RE: Proposed Settlement -City Commission Agenda -July 28, 2005
Access Now, Inc. et al v. City of Miami, et al
Case No. 02-21413-CIV-MORENO
Claim No. 000757-001740-E-0-01 (File No. 05-00713)
The attached proposed Resolution seeks authorization for settlement of this claim against
the City of Miami in the above -referenced case, in the amount of $300,000.
This is an action brought by David E. Marko, Esquire on behalf of Access Now, Inc., and
Christ Tavantzis against the State, County and City of Miami, relating to alleged violations of
the A.D.A. relating to the accessibility of our streets and sidewalks. This matter arises out of a
Motion to Enforce Settlement filed by Plaintiffs' for expert fees called for under the original
agreement.
Pursuant to the Agreement the City is obligated to pay the expert fees of Plaintiffs for the
purpose of conducting a citywide survey of our streets and sidewalks in the event the parties
mutually dispute in good faith the findings of the areas survey by the City of Miami. Such a
dispute existed and the Plaintiffs conducted a complete survey. That survey was conducted in
such a method so as to limit the cost to the City.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of $300,000 are available
from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.661.
Attachment(s)
W1220:tr:AS:HJH
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator