HomeMy WebLinkAboutR-96-03012
J-96-432
5/13/96
ig
W
RESOLUTION NO.9 5 - 301
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENGAGE ROBERT S. GLAZIER TO SERVE AS COUNSEL
FOR THE APPEAL TO THE THIRD DISTRICT COURT OF
APPEAL IN THE CASE OF TARAFA CONSTRUCTION,
INC. VS. CITY OF MIAMI, CASE NO. 90-49590, AT
THE AMOUNT OF $35,000.00 FOR SAID SERVICES,
PLUS A $1,000.00 FLAT FEE FOR COSTS, AND IN
THE EVENT THE JUDGMENT IS REVERSED IN PART OR
IN ITS ENTIRETY, A SUCCESS FEE PAYABLE AND
EQUAL TO FIVE PERCENT (5%) OF THE AGGREGATE
SAVINGS TO THE CITY; ALLOCATING FUNDS
THEREFOR FROM THE CITY OF MIAMI SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 620103-661.
WHEREAS, it is necessary to engage counsel for the Appeal to
the Third District Court of Appeal, in the case of Tarafa
Construction, Inc. vs. the City of Miami, Case No. 90-49590; and
WHEREAS, said Appeal concerns a breach of contract action
arising out of the construction of the Fire Garage/Fire Station
No. 3 Modification and Expansion, Project No. B-217; and
WHEREAS, Tarafa Construction, Inc. obtained a judgment
against the City for $705,226, in addition to prejudgment
interest of $311,937, and the City obtained a judgment against
Tarafa Construction, Inc. for $170,410; and
WHEREAS, it is the City's position that there was a lack of
evidence to support the damages obtained by Tarafa Construction,
Inc. and that the Court applied the wrong law in determining
damages; and
CITY COMMISSION
MEETING OF
MAY 2 3 1996
Resolution No.
q h a0l
WHEREAS, there is a reasonable possibility of reversing or
reducing the judgment against the City if this lawsuit is
appealed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized to
engage Robert S. Glazier to serve as counsel for the Appeal to
the Third District Court of Appeal in the case of Tarafa
Construction, Inc. vs. City of Miami, Case No. 90-49590, at the
amount of $35,000.00 for said services, plus a $1,000.00 flat fee
for costs, and in the event the Judgment is reversed in part or
in its entirety, a success fee payable and equal to five percent
(5%) of the aggregate savings to the City, with funds therefor
hereby allocated from the City of Miami Self -Insurance and
Insurance Trust Fund, Index Code No. 620103-661.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 23rd day o� May 1996.
ATTEST:
WALTER J jFOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
THERESA L. GIRTEN
ASSISTANT CITY ATTORNEY
W846:TLG:BSS:ar
- 2 -
P. CLARK, MA
APPROVED AS TO FORM AND
CORRECTNESS:
A. QU J N , II
CITY A TO 7
96- 301
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CITY OF iMIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members May 13, 1996 J-96-432
,O of the City Commission DATE `'�=
SUBJECT Appeal
Tarafa Construction v. City of Miami
q� ��
FROM: REFERENCES:
A. Quinn J es, III City Commission Meeting
City Atto ey ENCLOSURES: May 23, 1996
The attached proposed resolution seeks authorization for the engagement of Robert S.
Glazier, Esquire, to serve as appellate counsel in the above -referenced case. As you may recall,
this case involved a breach of contract action arising out of the construction of the Fire
Garage/Fire Station No 3 Modification and Expansion Project No. B-3217.
This case was tried non jury before Judge Robert Kaye, Dade County Circuit Court, and
took approximately three (3) weeks to try over a one-year period. The final judgment awards
Plaintiff $705,226 as damages, in addition to $311,937 in prejudgment interest. The City was
awarded $170,410 on its counterclaim for liquidated damages.
It is the City's position that there was a lack of evidence to support the damages awarded
to Tarafa Construction and that the Court applied the wrong law in determining damages. We
believe that there is a reasonable possibility of reversing or reducing the judgment on appeal.
It is respectfully recommended that you approve this matter.
TLG/pb/W004
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