HomeMy WebLinkAboutR-93-0422J-93-442
6/14/93
RR •• •I M541
93- 422
RES01JMCK AUIMRIZING1" CITY ATMRNEYTO
FILE AN OFFER OF rr Mf TO PT-AINTIFF, TARAFA
••1U11W I 1•1 INC. IN 1 DADDADE •OM= CIRCUIT
COURT,�• •r .• ••WrIHOUT ANY
AMISSIM OF IN ;O NOT
:1l=r ' • • • • r • • AND IF ACCEPTED,
AUMORIZING THErr•s •• OF r TO PAY THE
RESULTING rr 1M WITH FUNDS TO BE PROVIDED
FRCM THEOF r r'S SELF—INSURANCE AND
INSURANCE TRUSTIr
WHEREAS, TARAFA CONSTRIJGTIONI INC., through its attorney, has filed a
claim and lawsuit against the CITY OF MIAMI , in Dade County Circuit Court,
Case No. 90-49590 (22), for breach of contract arising out of the construction
of Fire Garage/Fire Station No. 3 Modification and Expansion Project, #8-3217;
and
WHEREAS, the above claim and lawsuit have been investigated by the City
Attorney's Office and the Department of Risk Management pursuant to Ordinance
No. 8417, which created the City of Miami's Self -Insurance and Insurance
WHEREAS, said Offices recommend that an Offer of Judgment, without any
admission of liability, in an amount not exceeding $200,000.00, be filed in
the lawsuit for the purpose of: (1) potentially entitling the CITY OF MIAMI
to tax its attorney's fees as sanctions under state law against the plaintiff
should the requirements of state law be satisfied; and (2) concluding and
settling all claims, if an offer is accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE OObMSSION OF THE CITY OF ELAMI,
CITY COMMSSION
MEIETINC OF
JO L 0 8 1993
Resolution No.
93- 422
Section 1. The recitals and findings set forth in the Preamble to this
Resolution are hereby adopted by reference thereto and incorporated herein as
if fully set forth in this Section.
Section 2.The City Attorney is hereby authorized to file an Offer of
Judgment under state law, without the admission of liability, directed to
plaintiff , TARAF'A CONSTRUCTION , INC. , in Case No. 90-49590 (22) , pending in
the Dade County Circuit Court, in a total amount not exceeding $200,000.00,
which offer shall be inclusive of all costs and attorney's fees accrued
through the date of the offer or offers.
Section 3. Should an offer be accepted, the Director of Finanoe is
hereby authorized to pay the resulting judgment entered in a sum not to exceed
$200,000.00, said funds to be provided from the City of Miami's Self -Insurance
and Insurance Trust Fund , Account No. 661, Public Officials' Liability.
Section 4. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 8th day of July 1993.
XAVI. SUAItZ, MAYOR
SUJ S. C
DEPARTMENT
TRUST FUND REVIEW:
,
CHRIISTOPIER F. IdWZ
ASSISTANT CITY ATTORNEY
•.• C ; �.•114�1
A. , III
CITY ATT017 -2- 93- 422
CITY OF MIAMI, FLORIDA 24
f INTER -OFFICE MEMORANDUM
i
Honorable Mayor and Members June 28, 1993 J-93-442
DATE FILE
To of the City Commission '.
Resolution authorizing Offer of
SUBJECT : Judgement to Tasafa Construotion
FROM : A. J , TTI REFERENCES: City Commission Meet
City Att July 8, 1993
ENCLOSURES:
(1)
The attached proposed resolution is being submitted for
formal approval as a result of my memorandum to you of June 14,
1993, relative to the strategy in this case.
BSS:P894
"e.� // —/
93- 422