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RESOLUTION NO. 03- 138
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CONTINUED ENGAGEMENT OF THE
LAW FIRM OF HOGAN & HARTSON FOR LEGAL
SERVICES PROVIDED TO THE CITY OF MIAMI IN
CONNECTION WITH THE CASE OF BEDMINSTER SEACOR
SERVICES VS. CITY OF MIAMI, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE
NO. 98-20458 (CA -32), IN AN AMOUNT NOT TO
EXCEED $50,000, PLUS COSTS AS APPROVED BY THE
CITY ATTORNEY; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT CODE NO. 515001.624401.6.661, FOR
SAID SERVICES.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The continued engagement of the law firm of
Hogan & Hartson for legal services provided to the City of Miami
in connection with the case of Bedminster Seacor Services vs.
City of Miami, in the Circuit Court of the Eleventh Judicial
Circuit, Case No. 98-20458 (CA -32), in an amount not to exceed
$50,000, plus costs as approved by the City Attorney, is
authorized, with funds allocated from the Self -Insurance and
CITY COMMISSION
MEETING OF
FEES 1 3 mn
x `Resolution No.
I Insurance Trust Fund, Account Code No. 515001.624401.6.661, for
said services.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 13th day of February , 2003.
ATTEST:
f
P ISCILLA A. THOMPSON
CITY CLERK
APPROVED A
ORRECTNESS:el/
1 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.
Page 2 of 2
V3- 138
CITY OF MIAMI
CITY ATTORNEY'S OFFICI
TO: Honorable Mayor and
FROM: Alejandro T February Vilarello,
DATE: Febru 3, 2003
RE: Proposed Resolutio
Continued en2a2agen
MEMO
Commission
CA -6
i City Commission Meeting — February 13, 2003
of the law firm of Hogan & Hartson
for representation of the City of Miami in the case of
Bedminster Seacor Services v. City of Miami (J-03-123)
The attached Resolution seeks authorization to continue the engagement of the
law firm of Hogan & Hartson for the representation of the City of Miami in the case
of Bedminster Seacor Services v. City of Miami, Case No. 98-20458 (CA -32) in the
amount of $50,000 plus costs as approved by the City Attorney.
Resolution No. 98-936, adopted September 29, 1998, approved the allocation
of $25,000; Resolution No. 99-199, adopted March 23, 1999, approved the
allocation of $25,000; Resolution No. 99-600, adopted July 27, 1999, approved the
allocation of $125,500; and Resolution No. 00-497, adopted June 8, 2000, approved
the allocation of $75,000; and Resolution No. 01-719, adopted July 19, 2001,
approved the allocation of $125,000 and Resolution No. 02-627; adopted June 13,
2002, approved the allocation of $130,000. Approval of this Resolution will bring
the total amount to $555,500.
Funds will be allocated from the City of Miami Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.661.
W816:tr:AS
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
03- 138
ti A
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: February 7, 2003
RE: Status of Bedminster
REPORT FOR FEBRUARY 13, 2003
STATUS OF BEDMINSTER
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As you know, Bedminster Seacor Services Miami Corporation ("Bedminster") was the
successful bidder for a 30 -year concession to design, construct, own and operate a composting
facility in Miami -Dade County for the City to dispose of its municipal solid waste.
The original agreement was signed on October 29, 1993, and was amended twice, once in
October 1994 and then again in November 1995. The Restated Agreement required Bedminster
to obtain all of the necessary permits by October 20, 1997 and commence operation of the facility
by October 20, 1998. Bedminster was also required to pay the City $1,000,000 by September 1,
1996.
Bedminster was not able to get the composting facility permitted and built within the time
allotted under the Restated Agreement and, in January 1988, requested an additional two-year
extension. In exchange for this extension, Bedminster offered to "release" the $1,000,000
previously paid to the City (which Bedminster claimed was to have been held "in escrow") and to
pay the City's recycling costs during the two-year extension.
On February 14, 1998, the City Commission passed Resolution 98-224 authorizing the
City Manager to negotiate an extension agreement with Bedminster subject to certain terms and
conditions. Negotiations ensued but were never concluded, and the City never signed the
extension agreement with Bedminster.
Litigation
While the parties were negotiating, on or about September 4, 1998, Bedminster sued the
City to compel it to sign the extension agreement. Bedminster subsequently amended its
complaint five times to assert multiple claims for, among other things, breach of contract,
promissory estoppel and conversion. Bedminster sought in excess of $20 million in damages.
Beginning in the spring and continuing through the fall of 2001, the parties engaged in a
series of mediation sessions in an effort to resolve the dispute. Those talks proved unsuccessful.
03- 138
February 7, 2003
Page 2
Status of Bedminster
In March 2002, the City filed a motion for summary judgment on all counts. The Court
granted the City's motion for summary judgment on sovereign immunity grounds, with the
exception of one count (for conversion). The City filed a second motion for summary judgment
directed to the conversion count, which the Court granted on November 20, 2002, at which time
the Court entered final judgment in favor of the City.
On December 20, 2002, Bedminster filed its notice of appeal to the Florida Third District
Court of Appeal. Bedminster's initial brief is due at the end of February. The City will oppose
any appeal.
Also on December 20, 2002, the City filed a motion to tax costs against Bedminster, in
the amount of $12,416.18. The motion is pending.
cc: Joe Arriola, City Manager
L:\NIJChiaro\BedminsterStatusMem.doc 03- 08