2004-25530 Reso
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RESOLUTION NO. 2004-25530
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING PLAINTIFF'S OFFER OF
SETTLEMENT IN MfA-COM. INC. V. CITY OF MIAMI BEACH AND
MOTOROLA. INC., AND AUTHORIZING THE EXECUTION OF ANY
NECESSARY DOCUMENTS.
WHEREAS, on April 28, 2003, PlaintiffMl A-Com, Inc. filed its Verified Complaint for Declaratory
and Injunctive Relief and Mandamus, seeking a Court order voiding the City's Commission actions of April
30, 2003 awarding to Motorola, Inc. a contract for the purchase and installation of a new 800MHZ Trunked
Digital Smart Zone Simulcast Public Radio System-Plaintiff also sought compensatory damages, punitive
damages, attorney's fees and costs; and
WHEREAS, since the filing of this action, Plaintiff has twice sought temporary injunctive relief,
seeking an order preventing the City from awarding and/or acting pursuant to the terms ofthe subject contract
awarded to Motorola; both ofMl A-Corn's Motions for Temporary Injunction were denied by the Court; and
WHEREAS, Plaintiff MIA-Com, Inc. has presented a settlement offer to the City of Miami Beach
(attached hereto as Exhibit "A"), wherein it will voluntarily dismiss all of its claims against the City of Miami
Beach with prejudice (including a pending appeal of the Non-Final Orders Denying Injunction), with all
parties to pay their own attorney's fees and costs; and
WHEREAS, the City of Miami Beach agrees that accepting Plaintiff's Settlement Offer is in the best
interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that it hereby accepts the above-
referenced settlement offer of Plaintiff MIA-Com, Inc. in MIA-Com. Inc. v. City of Miami Beach and
Motorola. Inc., Case No. 03-19254; MIA-Com. Inc. v. City of Miami Beach and Motorola. Inc., 3DCA Case
No. 3D03-3235 and MIA-Com. Inc. v. City of Miami Beach and Motorola. Inc., 3DCA Case No. 3D04-298.
Plaintiff shall voluntarily dismiss with prejudice its action, including its pending appeals of Non-Final Order,
both the City of Miami Beach and Plaintiff will pay their own attorney's fees and costs incurred in this
litigation, and both MIA-Com and City of Miami Beach will execute and exchange mutual general releases
between said parties within ten (10) days from the date of Plaintiff' s Voluntary Dismissal with Prejudice. The
City Commission thus hereby authorizes the Mayor, City Clerk and other necessary City personnel to execute
any instruments that may be necessary to carry out the intent of this Resolution.
ATTEST:
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CITY CLERK
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F:\atto\OLIJ\CASESIMA-COM\Settlement orre. - Resolution.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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YE...EPHOINE: (3OIi) 374-7&80. flAJ/,.: (:t08) 374-7583
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February 20, 2004
VIA FACSIMILE AND U.S. MAlI.
Ms. Jean Olin, Esq.
Deputy City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Re: MIA-COM, Inc. v. City of Miami Beach and Motorola, IDC.
Calie No. OJ-I0254-CA IS
Dear Ms. Olin:
This is a follow up [0 our telephone conversation concerning the offer by MIA-COM to
resolve the outstanding litigation. MIA-COM is willing to drop its appeal and tenninate the
litigation and exchange general releases if the City of Miami Beach will agree that the parties
will bear their own attorney's fees and costs. Please let me know as soon as possible whether this
settlement is acceptable.
Sincerely,
a-zr;(~~.
Alvin D. Lodish
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EXHIBIT A