HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00194 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION BYA FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO
SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST
PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE
MIGUEL M. DE LA 0 TO ENTER INTO AN AGREEMENT TO TRANSACT
BUSINESS WITH AND FOR THE CITY OF MIAMI, FOR THE PURPOSE OF
PROVIDING EXPERT TESTIMONY IN THE CASE OF THE PAINTER V. CITY OF
MIAMI, MIAMI-DADE CIRCUIT COURT CASE NUMBER 05-12967 CA (24).
WHEREAS, Section 2-612 of the Code of the City of Miami, Florida, as amended ("City Code"),
prohibits a member of any board of the City of Miami ("City") from entering into a contract or
transacting any business with the City or an agency acting on behalf of the City; and
WHEREAS, Section 2-614 of the City Code allows the City Commission to waive such prohibitions
if a contract is in the best interest of the City, as in this case; and
WHEREAS, the City will retain Miguel de la 0 in order to provide expert testimony on an expedited
basis; and
WHEREAS, Miguel de la 0 is a member of the City of Miami Civil Service Board; and
WHEREAS, Mr. de la 0 is a licensed attorney in the State of Florida with substantial experience in
litigation relating to attorneys fees and has unique ability to provide substantial analysis and testimony
on an expedited basis; and
WHEREAS, the nature and extent of the City's position in the litigation will benefit from the
expertise of Mr. de la 0;
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_prohibitioris;contained:inSections 276.12�of"the .City:Code, araWaived pursuant to
Section 2-6.14 of\the City Code, by a four -fifths (4/5ths) affirmative vote of the members of the City
.:Commission, after a -public hearing, as such prohibitions pertain to Miguel de !a 0, as member of the
City of Miami Civil Service Board.
Section-3. -The waiver set forth in Section 2 hereof is based upon the following findings:
City of Miaini , - ' - Page 1 of 2 File Id: 12-00194 (Version: 1) Printed On: 2/13/2012
File Number: 12-00194
(a) Miguel M. de la O's services are in the best interest of the City.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BR
CITY ATTORNEY lvd d�
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: 12-00194 (Version: I) Printed On: 2/13/2012