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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
wvvw.miamigov.com
File Number: 14-00380 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, RESOLVING ALL
CLAIMS AGAINST THE CITY OF MIAMI INTHE CASE OF ANDRES GOMEZ V. THE
CITY OF MIAMI, ET. AL., UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 13-CV-23426 FAM.
WHEREAS, the City of Miami ("City") is a public entity that owns a fixed route trolley public
transportation system in Miami, Florida; and
WHEREAS, Limousines of South Florida, Inc. operates such transportation system and other
trolley systems in Miami -Dade County; and
WHEREAS, the Plaintiff, Andres Gomez, brought suit in the United States District Court for the
Southern District of Florida, Case Number 1:13-cv-23426-FAM ("Lawsuit"), in which he alleges that the
Defendants violated federal statutes and regulations; and
WHEREAS, the Plaintiff and the Defendants now wish to effect a complete resolution and
settlement of all claims, disputes and controversies relating to the allegations made by the Plaintiff and
to resolve their differences and disputes by settling the Lawsuit; and
WHEREAS, the City has entered into a Settlement Agreement, in substantially the attached form,
subject to approval of the City Commission in which the City will not be required to make any payment
to the Plaintiff or his attorney; and
WHEREAS, the City will have the obligation under the Settlement Agreement to install a
pre-recorded stop announcement system on all trolleys serving the City no later than December 31,
•
2014;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized(1) to execute the Settlement Agreement, in
substantially the attached form, resolving the lawsuit titled Andres Gomez v. City of Miami, et. al., in
the United States District Court for the Southern District of Florida, Case Number 1:13-cv-23426-FAM.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 1 of 2 File Id: 14-00380 (Version: 1) Printed On: 4/15/2014
Fife Number. 14-00380
AP ROVED AS TO FORM AND CORRECTNESS:
i
VIORIA ENDEZII
CITY ATTORNEY
Footnotes;
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} 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: 14-00380 (Version: 1) Printed On: 4/15/2014