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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney47_ x,11,7;2127 DATE: September 12, 2024 RE: City Commission Meeting — September 12, 2024 Proposed Settlement — Access 4 All, Inc. et al. v. City of Miami and Miami Parking Authority, pending in the Unite States District Court for the Southern District of Florida. Case No.: 23-23910-CIV-WILLIAMS File No.: 16551 The proposed resolution seeks authorization for the settlement of the pending lawsuit, styled as Access 4 All, Inc., et al. v. City of Miami and Miami Parking Authority (Case No. 23-CIV-23910-WILLIAMS), in the U.S. District Court for the Southern District of Florida for (a) the total amount of $118,000.00 to be paid to the Plaintiffs so that the Plaintiffs' Counsel may divide the sum amongst the Plaintiffs and his firm in a manner consistent with all existing laws and (b) the Commission's approval of non -monetary terms, including a direction to the City Manager to sign on behalf of the City of Miami and a recommendation to the Miami Parking Authority to sign so as to fully and finally settle this matter. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the above amount will be paid from the Account No. 50001.301001.545013.0000.00000. Attachment(s) cc: Art Noriega, City Manager Miriam M. Santana, Agenda Coordinator GKW/JAG/KRJ/BEC City of Miami Legislation Resolution Enactment Number: R-24-0341 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16551 Final Action Date:9/12/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS ("SETTLEMENT AGREEMENT") BETWEEN PLAINTIFFS ACCESS 4 ALL, INC. DOUGLAS LONGHINI, JUAN CARLOS GIL (COLLECTIVELY, "THE PLAINTIFFS"), AND DEFENDANTS CITY OF MIAMI AND MIAMI PARKING AUTHORITY, ALSO REFERRED TO AS THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, ON BEHALF OF THE CITY OF MIAMI; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO DISPERSE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $118,000.00 TO THE TRUST ACCOUNT OF THE LAW OFFICES OF GEORGE W. WICKHORST, P.A. IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "THE CITY") IN THE CASE STYLED ACCESS 4 ALL, INC. ET AL. V. CITY OF MIAMI AND MIAMI PARKING AUTHORITY ("MPA"), PENDING IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 23-23910-CIV-WILLIAMS, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS UP TO THE PRESENT DAY, INCLUDING THOSE BROUGHT UNDER THE AMERICANS WITH DISABILITIES ACT THAT ARE PENDING IN FEDERAL COURT IN THE AFOREMENTIONED CASE, AND UPON A DISMISSAL OF THE CITY OF MIAMI AND MIAMI PARKING AUTHORITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, the Plaintiffs Access 4 All, Inc., Douglas Longhini, Juan Carlos Gil (collectively, "the Plaintiffs") brought claims under the Americans with Disabilities Act against the City of Miami ("City") and Miami Parking Authority ("MPA"), also referred to as the Department of Off -Street Parking of the City of Miami, contending that the City and MPA had obstacles and conditions that had an adverse effect on their disabilities and/or members of Access 4 All, Inc. who have disabilities; and WHEREAS, the Plaintiffs, the City, and MPA are engaged in litigation in the United States District Court for the Southern District of Florida, Case No.: 23-23910-CIV-WILLIAMS concerning the Plaintiffs claims that the obstacles and conditions provide inequal access to public facilities and accommodations that are available to non -disabled persons; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that the City Commission approve the Settlement Agreement and Release of Claims ("Settlement Agreement") between the Plaintiffs, the City, and MPA, including monetary payments in the total aggregate sum of $118,000.00 and non -monetary terms stated therein; and authorize and direct the City Manager to execute said Settlement Agreement, in a form acceptable to the City Attorney, on behalf of the City and for the stated purpose; 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 fully set forth in this Section. Section 2. The City Commission approves the Settlement between Plaintiffs, the City, and the MPA. Section 3. The City Manager is hereby authorized' and directed to sign the Settlement Agreement on behalf of the City. Section 4. The Director of Finance is authorized' to pay the total aggregate sum of $118,000.00 to the Trust Account of the Law Offices of George W. Wickhorst, P.A. so that the Plaintiffs' Counsel can distribute the funds between himself and his clients consistent with his agreements with each of the Plaintiffs in accord with all applicable laws, without admission of liability, in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, against the City and its officers, agents, and employees in the case styled Access 4 All, Inc. et al. v. City of Miami and Miami Parking Authority, pending in the U.S. District Court for the Southern District of Florida, Case No.: 23-23910-CIV-WILLIAMS, upon the execution of the approved -of settlement agreement and release of all claims and demands that were brought in the aforementioned case provided that a dismissal of the City and its officers, agents, and employees with prejudice issues. Section 5. Funds to be allocated from Account No. 50001.301001.545013.0000.00000. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: rge Wy, ng IIV, Cty ttor -y 9/3/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions.