HomeMy WebLinkAboutR-24-0341City of Miami
Resolution R-24-0341
Legislation
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
City of Miami Page 1 of 2 File ID: 16551 (Revision:) Printed On: 8/5/2025
File ID: 16551 Enactment Number: R-24-0341
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 authorized1 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 = . Wys ng II , C y 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.
City of Miami Page 2 of 2 File ID: 16551 (Revision:) Printed on: 8/5/2025