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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 O 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 prohibitions contained in Sections 2-612 of the City Code, are waived pursuant to
Section 2-614 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 la 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 Miami Page 1 of 2 File Id: 12-00194 (Version: 1) Printed On: 8/22/2024
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}
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: 1) Printed On: 8/22/2024