HomeMy WebLinkAboutExhibitIN THE UNITED STATES DISTRICT COURT
F'OR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO,: 1:13-cv-23426 FAM
ANDRES GOMEZ,
Flaintiff,
v, .
CITY OF MIAMI, FLORIDA and
LIMOUSINES OF SOUTH FLORIDA, INC,
Defendant,
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (hereinafter "Agreement") is entered into on this
d'ay of February, 2014 h''etween Andres Gomez '(Plaintiff), on the one hand; and the City' of
h1!Iian�i, Florida and Limousines of South Florida, Inc, (collectively "Defendants") on the other,
WITNESSETH
'WHEREAS, City of Miami, Florida is a public entity that owns a fixed route trolley public
transportation system in Miami, Florida;
WHEREAS, Limousines of South Florida, Inc, operates such transportation system and other
'trolley systems in Miami -Dade County;
WHEREAS, Plaintiff brought suit in the United States District Court for the Southern District of
Florida, Case Number 1:13-ov-23426-FAM (the "Lawsuit"), in which he alleges that the
Defendants violated federal statutes and regulations; and
WHEREAS, Plaintiff and Defendants now wish to effect a complete resolution and settlement of
all claims, disputes and controversies relating to the allegations made by Plaintiff and to resolve
filch differences and disputes by settling the 'Lawsuit,
NOW, THEREFORE, in consideration of the mutual promises contained herein., the Parties
agree as follows:
(1-14
Gome2 v, City of Miami, Florida
' Settlement Agreetnent
1, Definitions.
In addition to the ternns defined elsewhere in the Agreement, the following terms shall have
the meanings set forth below,
1,1 "Trolley" means a vehicle used to provide ptibIle transportation on a fixed route,
•1.2 "Trolley stop" nneans a designated point on a fixed route at which a trolley stops for the
purpose of boarding or deboarding passengers.
1.3 "Call stop" tneatns a trolley stop that is announced, in English, through a speaker system
to passengers on board a trolley whether or not such trolley stop is requested to be
announced by a passenger,
1,4 "Fixed route" means a prescribed route on which a trolley is operated according to a fixed
schedule,
1.5 "Trolley Operators" means individuals who drive and operate the trolleys
1.6 "Unaenounoed stop" means a bus stop that is not a call stop,
1.7 "Service. Area" moans all areas of Miami -Dade ,County in which either Defendant owns
'or operates a trolley system.
1,8 "Court" means the Judge of the United States District Court that has jurisdiction of this
lawsuit,
1.9 "Defendants" moans City of Miami, Florida and Limousines of South Florida, Inc, and all
related companies, partnerships, or joint ventures, and with respect to each of them, their
subsidiaries, affiliates, successors, predecessors, assigns, and all of their past and present
directors, stockholders, owners, agents, assigns, employees, insurers, employee benefit
programs (and the trustees, administrators, fiduciaries, and insurers of such programs),
attorneys and representatives, and any other person acting under or in concert 'with any of
the pettspns or entities listed in this subsection who operate Trolleys intha same area,
2, Required Announcements,
2,1 Limousines of South Florida, inc., will train all Trolley Operators to announce stops and
routes on all routes in the Service Area by December 31, 2014, Trolley Operators will not
be permitted to operate a trolley after such date until they have been fully trained on stop
and route announcement procedures,
2,2 Defendants will train the Trolley Operators so that the Trolley Operators:
2.2.1 Announce every bus stop, in English, as a call stop except those within 600 feet of
an earlier stop;
2
Gomez v, City ofMiami, ;lorida
Settlement Agreement
2,2,2 Alallounlce the fixed route nuralber or name each time the door is opened while the
bus is in service.
2,3 At the request of an individual with a disability, Trolley Operators will announce any bus
stop. Tn addition., at the request of a person with a disability, Trolley Operator on duty at
the time of the request will advise suoh clisabled person of the location of the trolley
serving the disabled person's desired route, or, if the Trolley Operator does not know the
correct route, ho/she will direct the disabled person to a knowledgeable Trolley employee
who care provide the requested information,
. 2.4 All announcements by Trolley Operators, including the stop and route announcements,
will be announced loud enough to be heard and clear enough in the English language and
through the ,speakers to be understood,
• 2,5 Trolley Operators will make a good faith effort to arrmmour.ce the fixed route numbers or
• names required to be announced under tbis..Agreemen t at a volume that can be heard by
passengers waiting at trolley stops,
3; City of Miami Trolloys (Only)
3.1 1t is agreed that the City of Miami will install a pre-recorded stop announcement .system
. on all trolleys serving the City of Miami no later than December 31; 2014,
'3,2 Tho'i re -recorded stop announcement system will announce rho name of each bus stop
and route in English,
3,3The City of Miami will bear the entire expense of acquiring and installing the
• announcement systems into the trolleys,
3,4 The City of Miami and Limousines of South Florida., .Inc, will 'work together to
implement the installation of the systems in a 111aruaer so es not to disrupt service to the
public by the specified deadline,
• 3,5 Limousines of South Florida, Inc., will train all Trolley Operators, to use the pre-recorded
stop announcement system at the time of installation of such system. Trolley Operators
will not be permitted to operate a trolley after such date until they have been. fully trained
on the use of the pre-recorded stop announcement system,
3;6 , In addition, at the request of a person with a disability, Trolley Operator on duty at the
• thne of the request will advise such disabled person ol; ie location of the trolley serving
the disabled person's desired route, or, if the Trolley Operator does not know the correct
route:, he/she will direct the disabled persona to a knowledgeable Trolley employee who
can provide the requested. information,
3
Gomez v, City ofMiaxani, Florida
Settlement Agrr'eemeat
4, Trolley Operator Diseipline.
4.1 Limousines of South Florida, Inc, will ensure that complaints by riders relating to
violations of the policies set forth in Paragraph 2 above will be handled with a
progressive discipline policy and retraining, in a similar marnrer that Trolley Operators
are disciplined for other rule violation and customer complaints,
S, Moultaring.
5,1Thr'oughout the Term of this .Agreement, Limousines of South Florida, Inc. will monitor
compliance with Paragraph 2 ("Monitoring") through the use of its Feld Supervisors on a
regular basis,
6, Compliance,
,6,1 Defendants shall appoint one of their employees as an Accessibility Compliance Officer
to oversee any and all 'comments or complaints about the accessibility of the trolley
systems in the Service Area,
6,1,1 The name, phone number, and email address for the Accessibility Compliance
Officer shall be available on each Trolley and published on the City of Miami,
Florida's website in a mariner that is readily identifiable for eustomers with
disabilities and in screen -reader accessible format.
6,2 If 'Mr, ' Gonaez reasonably believes that the Defendants are not adhering to his
• agreement, Mr, Gomez will notify the Defendants in writing prior to :filing any
administrative charge or lawsuit, Mr. Gomez shall provide,suoh notice by certified mail
to counsel for Defendants listed in Paragraph 12,
6,2,1 Mr, Gomez agrees that the Defendants shall have thirty (30) days after receipt of
such notice to attempt to remedy the alleged violation, and if the patties cannot
reach an agreement as to a proper remedy, they will mediate the dispute in good
faith in Miami, Florida, Such mediation shall be done within ninety (90) days
after Mr, Gomez sends written reification of the alleged violation, unless
extended by mutual agreement, Mr, Gomez agrees that he will not enforce this
agreement before the Court as to any alleged violation until after the parties have
attempted in good faith to resolve the issue tlr.rougb this mediation process.
6.2,2 Mr, Go'raoz and'the Defendants agree that in the event of a dispute the prevailing
party shall have the right to collect from the other party its reasonable costs and
necessary disbursements and, attorneys' fees incurred in enforcing this Agreement,
7, Term of Agreement,
7,1 The Term of this Agreement will be one year following the date on which all ouirently
employed Trolley Operators are successfully trained. to make stop and route
4,
C emez v, Oity of1V>iami, Florida
Settlement Agreement
anrxouriceiirents and on all other issues contained in Paragraph 2 and 3; a system is
implemented to train all future employees on the same; and the pre-recorded
• announcement systems is installed on all City. of Miami Trolleys as outlined in Paragraph
,. When the last of these these events occur, the Defendants will provide notice to the
Plaintiff at the addresses in Paragraph 11,
8. No Admissions,
8.1The parties to this • A.geement understand and acknowledge that this .Agreement
constitutes a compromise and settlement of disputed claims, No action taken by the
paz;ties hereto, or any of thorn, either previously or in connection with the Agreement,
shall be deemed or construed to be:
8,'1,1 • 'An admission of the truth or falsity of any claims heretofore made;
:8,1,2 An acknowledgment or admission by either party of any particular fault or
liability as to the other party,
9, Release and Dismissal.
9,1 The Plaintiff, for himself, >nls heirs and assigns, acknowledges receipt of valuable and
adequate consideration from the City of Miami and Limousines of South Florida, Inc,,
• and in exohange hereby forever releases and discharges Defendants and all related•
companies, partnerships, joint ventures, and/or any municipalities/public, entities within
. which Limoilsines of South'Florida, Inc, operates a Trolley system and with, respect to
each of them, their subsidiaries, affiliates, successors, predecessors, assigns, and all of
their past and present directors, stoolchoiders, owners, agents, assigns, employees,
• insurers, employee benefit programs (and the trustees, administrators, :fiduciaries, and
insurers of such programs), attorneys and representatives, and any other person acting
under or in concert with any of the persons or entities listed in this subsection
. (collectively, referred to as the "Released Parties") from any and all causes of action,
actions, judgments, liens, indebtedness, damages, losses, claims, liabilities and
demands of whatsoever kind and character in any manner whatsoever arising from or
relating to the accessibility of the Defendants' Trolley system, and/or retaliation by any
of the Released Parties, occurring prior to the execution of this Agreement, The
Plaintiff understands and expressly agrees that this Agreement extends to all of his
claims of every nature and kind, known or unknown, suspected or unsuspected, past,
present, or future, arising from or relating to any alleged violation by the Released
•• Parties °courting prior to the exeoution of this Agreement, relating to the accessibility
of the Defendants' Trolley system for persons with disabilities and/or retaliation by any
of tlne Released Parties,
9.2 Within thirty (30) days of execution of the Agreement by all patties, Plaintiff shall frle
a stipulation of dismissal, subject to the reservation of jurisdiction by the U.S. District
Court to enforce the Agreement.
5
Gomez v. City of.Miazni, Florida
Settlement Agreement
10, Entire Agreement,
This Agreement contains all the agreeinentS, conditions, promises and oovenauts among
Limousines of South Florida, Inc,, City of Miami and Andres Gomez, and their respective
counsel regarding matters set forth in it and supersedes all prior or contemporaneous
agreements, drafts, representations or understandings, either written or oral, with respect: to
the subject matter of the present Agreement.
11. Communications to Defendants' arid Plaintiff's Counsel,
All Notices or cominunioations required by this Agreement shall be In writing by email and
US. Mail addressed as follows;
11,1 To Plaintiff's counsel:
Matthew Dietz, Esq,
Stephanie Woodward
Disability Independence Group, Inc.
2990 Southwest 35i11 Avenue
n!tiazni, Florida 33133
nn.clietz(,iustdigit,org
swoodward C'(,rustdigit,org
l 1,2 To Defendants' Counsel:
11,2.1 City of Miami, Florida
Henry". I11.lirnefeld, Esq,
444 S.W. 2nd Avenue
Suite 945
Miami, FL 33130
,1��'hunnefeld@inia migov, corm
11,2.2 South Florida Limousines, Inc.
Jaime A, Pozo, Esq.
Pozo-Diaz & Pozo, P.A.
Sunset Oaks
9260 Sunset Drive, Suite 119
Miami, .FL 33173
jpozo@pdpl awyers.cozn
12, Severahllity,
if any such provision or any part of this Agreement shall at any time be held
unenforceable, then the remaining provisions of this Agreement shall remain effeotive•
and enforceable.
Gomez y, City oiMiami, Florida
Settlement Agreement
13, Execution in Counterparts.
This Agreement may be, signed in counterpart and shall be binding and effective
immediately upon exeoution, of one or more counterparts by all parties, All parties shall
sign three copies of this document and each such copy shall be considered an original,
14. Governing Law
This Settleinent Agreement shall be governed and construed ill accordance with the laws
of the State of Florida,
Pefenclants Plaintiff:
City of Miami, Florida Andres Gomez
B y:
Its:
Liniousi' es of S '` Florida, Inc.
APPROVED AS TO FORM:
Henry d, Ilunnefeld,Bsq,
444 S,W, 2nd Avenue
Suite 945
Miami, FL 33130
h but attic ,l@iniamigov,com
A , evs •r Plaintiff
:fame
Prize-
' u'unsei
:926'0
Pozo, Esq.
z & Pozo, P,A,
ales
set Drive, Suite 119
Miami, ,"L 33173
jpozogmblawyers.com
Attorneys for Defendant
7•
APROVDD AS TO FORM:
Matthew W, Dietz, . i sq,
Disability Independence Group, hie,
2990 Southwest 3St Avenue
Miami, Florida 33133
Mdietzgjustdigii,org
Attorneys for Defendant