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CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, Ciorney,4/,)
DATE: May 5, 2009
RE: Proposed Resolution — City Commission Agenda — May 14, 2009
Waiving the conflict of interest provisions contained in Section 2-614
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.
(File No. 09-00480)
Miguel M. de la 0 and David Everett Marko are partners in the law firm of de la 0,
Marko, Magolnick & Leyton (hereinafter the "Firm"). The Firm will agree to represent the
City of Miami in a lawsuit against certain construction, engineering, and insurance
companies on a contingency fee basis. Miguel M. de la 0 is a member of the City of
Miami Civil Service Board. David Everett Marko is a member of the City of Miami Green
Commission. Mr. de la 0 and Mr. Marko are both licensed attorneys in the State of Florida
with substantial experience in pursuing litigation on behalf of claimants under the
Americans with Disabilities Act.
Section 2-612 of the Code of the City of Miami, Florida, as amended (hereinafter
"City Code"), prohibits a member of any board of the City of Miami (hereinafter the
"City") from entering into contract or transacting any business with the City or an agency
acting on behalf of the City.
Waiving the limitation on transacting business with the City or agency acting on
behalf of the City and allowing Mr. de la 0 and Mr. Marko to represent the City, will
assure the City the benefit of Mr. de la 0 and Mr. Marko's expertise.
Attachement(s)
cc: Pedro G. Hernandez, City Manager
Elvi Gallastegui, Agenda Coordinator