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HomeMy WebLinkAboutR-99-0993J-99-805 12/3/99 "I JRESOLUTION NO. I� A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FINAL PAYMENT OF FEES TO THE LAW FIRM OF DANIELS, KASHTAN & FORNARIS, P.A. ("DANIELS"), FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN THE CASE OF GREGORI INTERNATIONAL OF FLORIDA, INC. VS. THE CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE NO. 97-16935-CA (20); ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $30,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661 FOR SAID SERVICES. WHEREAS, the law firm of Daniels, Kashtan and Fornaris, P.A. has been representing the City in the case of Gregori International of Florida, Inc. vs. Citv of Miami, Circuit Court Case No. 97-16935 CA (20); and WHEREAS, this is a construction litigation case arising out of the renovations project for the Melreese Golf Course; and WHEREAS, the City Attorney now has inhouse expertise to CITY COMUSSION MEETING Or DEC 9 7 1' 99 Hasaolution No. Provide legal representation in this matter; and WHEREAS, full and final payment of legal fees is due the law firm of Daniels, Kashtan and Fornaris, P.A.; BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The final payment of fees for legal services provided to the City of Miami by the law firm of Daniels, Kashtan & Fornaris, P.A. ("Daniels"), in the case of Gregori International of Florida, Inc. vs. City Of Miami, in the Circuit Court of the Eleventh Judicial Circuit, Case No. 97-16935 CA (20) , is hereby authorized in the amount of $30, 000, in full payment, with funds therefor hereby allocated from the Self - Insurance and Insurance Trust Fund, Account Code No. 515001.624401.6.661, for said services. Section 2. This Resolution shall become effective 2 - 01.1 0" 1) ') 1 z immediately upon its adoption and signature of the Mayor.'- PASSED AND ADOPTED this 17th _ day of December , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the ayar did not indicate approval of this legislation by signing it in thedesignated pl - n prc,,111-1- said ien'slatiort nl-V, becomes effective with the claps ten (1 ^y , ro tho pie o ;issic ':on regarding same, without the May exerc' irgg ft _ ATTEST: \ I - i" 1- Al" WALTER J. FOEMAN CITY CLERK :t- , Cdty Clerk 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. - 3 01 CITY OF MIAMI � CITY ATTORNEY'S OFFICE MEMORANDUM .- TO: Mayor and Members of the FROM: Alejandro Vilarello, Cit DATE: December 6, 1999 RE: Gregori Internatio al of Circuit Court Case no. 9 (J-99-805) J ion fida, Inc. vs. City of Miami 6935 CA (20) The attached proposed resolution seeks authorization for full and final payment of legal fees in the case of Gregori International of Florida, Inc. vs. 00, of Miami, Circuit Court Case No. 97-16935 CA (20). The law firm of Daniels, Kashtan and Fornaris, P.A. has been representing the City in this matter. The City Atttorney now has inhouse expertise to provide legal representation in this matter. This is a construction litigation case arising out of the renovations project for the Melreese Golf Course. The contractor, Gregori International, Inc. is suing the City and other defendants for approximately four million dollars in alleged damages for delays alleged against the City, the City's project management company for the golf course, Bunkers of Miami and the project engineer, Mark Mahannah and Company. The City has also filed a counterclaim for damages against Gregori International, Inc. c: Donald H. Warshaw, City Manager Walter J. Foreman, City Clerk Elvi Alonso, Agenda Coordinator W391:RCL 0 0 0 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Luie Brennan, Acting Director, Department of Management and Budget Mario Soldevilla, Administrator, Division of Risk Management FROM: Maria J. Chiaro, Assistant City Attorney DATE: December 3, 1999 RE: Financial review and approval: Final payment of legal fees Gregori Inteniational offlorida, Iiic. vs. City of Miami, Circuit Court Case No. 97-16935 CA (20) (J-99-805) Attached is a copy of a resolution which is being placed on the City Commission Agenda for the meeting of December 14, 1999. If approved, the Law Firm of Daniels, Kashtan & Fornaris, P.A., will receive $30,000 full and final payment of legal fees in the case of Gregori International of Florida, Inc. vs. City of Miami, Circuit Court Case No. 97-16935 CA (20). Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.661. Please indicate your review and approval hereinbelow by affixing your signature and return this original memorandum to Rita Lagace, Administrative Assistant I, of this office as soon as possible. REVIEW AND APPROVAL BY THE RISK MANAGEMENT DIVISION: REVIEW AND APPROVAL BY THE DEPARTMENT OF MANAGEMENT AND BUDGET: 16-74 MARIO SOLDEVILLA City ofWA61ME BR NNAN ADMINISTRATOR Management &N€if'dW DIRECTOR W391a:RCL flats 1.21-7 If -'irrtc '�fc'�I number: 093