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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00480 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO
SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST
PROVISIONS CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TO ENABLE MIGUEL M. DE LA 0 AND DAVID
EVERETT MARKO TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS
WITH AND FOR THE CITY OF MIAMI, FOR THE PURPOSE OF REPRESENTING
THE CITY OF MIAMI IN A LAWSUIT AGAINST CERTAIN CONSTRUCTION,
ENGINEERING, AND INSURANCE COMPANIES.
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 the law firm of de Ia 0, Marko, Magolnick & Leyton as legal counsel
in order to pursue a lawsuit against certain construction, engineering, and insurance companies
relating to violating contracts with the City of Miami and the Americans with Disabilities Act; and
WHEREAS, Miguel M. de Ia 0 is a member of the City of Miami Civil Service Board; and
WHEREAS, David Everett Marko is a member of the City of Miami Green Commission; and
WHEREAS, Mr. de la 0 and Mr. Marko are licensed attorneys in the State of Florida with
substantial experience in pursuing litigation on behalf of claimants under the Americans with
Disabilities Act; and
WHEREAS, the nature and extent of the City's position in the anticipated litigation will benefit from
the expertise of Mr. de Ia 0 and Mr. Marko;
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 an advertised public hearing, as such prohibitions pertain to Miguel M. de Ia 0, as
City of Miami Page 1 of 2 Printed On: 5/5/2009
File Number. 09-00480
member of the City of Miami Civil Service Board and David Everett Marko, as member of the City of
Miami Green Commission.
Section 3. The waiver set forth in Section 2 hereof is based upon the following findings:
(a) Miguel M. de la 0 and David Everett Marko'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:
12.1
JULIE O. BRUU'r 1
CITY ATTORNEY
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 Printed On: 5/5/2009