HomeMy WebLinkAboutR-96-0652J-96-870
9/12/96
RESOLU`rION NO. 9 6- 6 5 a
A R.ES'OLVrION Al'.!71WRIZING THE PAYMENT OF
$80, 000.00 TO THE LAW FIRM OF DAV'ID L.
SWIMER, P.A., W FULL SETTLEMENT OF ANY AND
ALL CLAIMS FOR AT'rORNE'YS' FEES INCURRED BY
TARAFA CONS'TRUC'1C'I:ON, INC., IN THE CASH OF
. .. m OIAttLTY ,
CIRCUIT COURT CASH NO. 90-49490-CA (22) , SAID
PAYMENT SUBJECT TO TA9AFA CONSTRUCz'ION,
INC.'S JUrQXgNT BRING UPHELD ON APPEAL;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI',S SELF-INSURANCE AND INSURANCE TRUST
FUND, ACCOd1N°i' CODE 140. 6203.03 -661.
WWEREAS, Tarafa Construction, Inc. obtained a judgment
against the City of Miami ("City") in the Dade County Circuit
Court, Case No, 90-49490-CA (22); and
WHEREAS, Tarafa Construction, Inc. is entitled to attorney's
fees pursuant to §768.79, Florida Statutes; and
WHEREAS, the judgment against the City has been appealed to
the Third District Court of Appeal and payment of said fees is
subject to TARAFA I S judgment being upheld on appeal; and,
WHEREAS, the above claim has been investigated by the Tart
„ Committee of the City Attorney's Office and the Division of Risk
Management, pursuant to Ordinance No. 8417, which created the
City of Miami ' s Self -Insurance arid, Insurance 'Trust Fimd and said
Offices recommend that said claim be settled for the sum of
$80,000.00;
My COMUSSION
KEE UIC; or
SEP 12 i9A
Rsaoluu0n tam
b6- i
NOW, THERKFORR, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The payment of $80, 000. 00 to the lair firm of
David L. Switmer, P.A., infull settlement of any and all claims
for attorneys' fees incurred by Tarafa Construction, Inc., in the
case of T_ rafa Constrt1 tion. Inc. v. Ci f Miami, Circuit Court
Case No. 90•-43490-CA (22) is hereby authorized, with funds
therefor hereby allocated from the City of Miami's Self -Insurance
and Insurance Trust Fund, Account Code No. 620103-661, said
payment subject to Tarafa Construction, Inc.'s judgment being
upheld on appeal.
Section 2, This Resolution shall become effective
immediately upon, its adoption.
PASSED AND ADOPTED this 12t.h day o September, 1996.
ATTES : JOE CAROLLO, MAYOR
WALTER �� 0 CITY CLERK
RISK MANAGEMOYT REVIEW -
FRANK K. ltOLLASON, DEPUTY COIR17
CHIEF OF RISK N,AMGEMENT
FINANCIAL AND BU't3'' , Y REVIEW:
�tICIiAF- LAVIN, 1)I► ECTOR
OF FINANCE
PREP . D A11
M � D� APPROVED BY:
CURRIST'OPHER F . KU]WrZ
ASSISTANT CITY ATTORNEY
CFK/BSS/pb/C.SK/W1023
- 2 -
APPROVED AS TO FORM
96— 652
� ' "1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE August 6, 1996 FILE M-WI-241
of the City Commission
SUBJECT Tarafa Construction v. City of Mianti
• Case No. 90-49490 (22)
r /.' r� Claim No. 011?POL-91-002
FROM Qii1 Jo 111 HEr"EPENCES City Comraisslon Meeting
City Attorm ENCLOSURES September 12, 1996
Attached is a proposed Resolution authorizing settlement of an attorney's fees claim by
Tarafa Construction, Inc., in the sum of $80,000.00, subject to the judgment being upheld on
appeal. This Resolution has been submitted for placement on the September 12, 199+6 City
Commission .Agenda.
The complete evaluation of this claim is contained in the Tort Committ(m settlement
memorandum previously distributed to you.
This claim has been investigated by the Tort Committee and the Division of Risk
1` 11nagement, and is hereby recommended by this Office.
AQI/CFK/pb/WO 13
Attachment
b6— 652
ti CITY OF IMIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
ru Honorable Mayor and Members DATE August 6, 1996 ME IX-90.241
of the City Commission
SUWECT Tarafa Construction v. City of Miami
/ Case No. 90-49490 (22)
Claian No. 0111POL-91-002
FROM : A. Jo '1 City Commission .Meeting
City Attom . September 12, 1996
ENCLOSURES
Attached is a proposed Resolution authorizing settlement of an attorneyts fees claim by
Tarter Construction, Lac., in the sum 6f $80,000.00, subject to the judgment being upheld on
appeal. This Resolution has been submitted for placement on the September 12, 1996 City
Conu-nission Agenda.
71e complete evaluation of this claim is contained in the Tor Committee settlement
memorandum, previously distributed to you. `
This claim has been investigated by the Tort Conunittee and the Division of Risk
Management, and is hereby recommended by this Office.
AQJ/CIFK/pb/WO13
Attachment
96- 652
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