HomeMy WebLinkAboutR-05-0709City of Miami
Legislation
Resolution: R-05-0709
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00714 Final Action Date: 12/15/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FLORIDA PARAPLEGIC
ASSOCIATION, INC., DENNY WOOD AND DAMIAN GREGORY ATTORNEYS FEES
AND COSTS OF $92,000, AND DIRECTING THE CITY MANAGER TO MAKE
REPAIRS AND MODIFICATIONS TO THE PARKS, BUILDINGS, STREETS AND
SIDEWALKS WITHIN THE MAINTENANCE JURISDICTION OF THE CITY OF MIAMI
TO COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF FLORIDA
PARAPLEGIC ASSOCIATION, INC., ET AL VS. CITY OF MIAMI, IN THE UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION,
CASE NO. 03-21039-CIV-GOLD, UPON DISMISSING THAT CLAIM SUBJECT TO A
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM;
ALLOCATING FUNDS FOR THE PAYMENT OF $92,000 OF ATTORNEYS FEES
AND COSTS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.661.
WHEREAS, Florida Paraplegic Association, Inc., Denny Wood and Damian Gregory, filed a
claim and lawsuit against Miami -Dade County, the Florida Department of Transportation and the City
of Miami, in the United States District Court, Southern District of Florida, Case No.
02-21039-CIV-GOLD, in Miami -Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated by the Office of the City
Attorney pursuant to Section 18-232 of the Code of the City of Miami, Florida, as amended, which
created the City of Miami's Self -Insurance and Insurance Trust Fund and said Office recommends
that the claim and lawsuit be settled for the sum of $92,000 for attorneys fees and costs as well as
making repairs and modifications to the parks, buildings, streets and sidewalks of the City of Miami as
required by the Americans with Disabilities Act;
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 Florida Paraplegic Association, Inc.,
Denny Wood and Damian Gregory attorneys fees and costs in the sum of $92,000, and the City
Manager is directed to make repairs and modifications to the parks, buildings, streets and sidewalks
within the maintenance jurisdiction of the City of Miami to comply with the requirements of the
Americans with Disabilities Act, in full and complete settlement of any and all claims and demands
against the City of Miami, for the case of Florida Paraplegic Association, Inc., et al vs. City of Miami, in
City of Miami
Page 1 of 2 File Id: 05-00714 (Version: 1) Printed On: 12/13/2016
File Number: 05-00714 Enactment Number: R-05-0709
the United States District Court, Southern District of Florida, Miami Division, Case No.
03-21039-CIV-GOLD, upon dismissing that claim subject to a Settlement Agreement, in substantially
the attached form, with the funds for attorneys fees and costs allocated from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.624401.6.661.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 05-00714 (Version: 1) Printed On: 12/13/2016