HomeMy WebLinkAboutR-92-0026J-92-20
12/12/91
6
RESOLUTION NO. ' _ 12 b
A RESOLUTION INCREASING THE COMPENSATION TO
THE LAW OFFICES OF DANIELS, KASHTAN &
FORNARIS, P.A., SERVING AS LEGAL CONSULTANTS
AND CO -COUNSEL IN CONNECTION WITH THE CASE OF
MCNEW MARINE CONSTRUCTION, INC. VS. CITY OF
MIAMI VS. RONALD A FRAZIER & ASSOCIATES, ET
AL. WITH THE FEE FOR SUCH SERVICES NOT TO
EXCEED AN ADDITIONAL $100,000.00; SAID MONIES
THEREFOR BEING ALLOCATED FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST
FUND.
WHEREAS, the City Commission, through Resolution Nos. 89-
1105, 90-230 and 90-267, authorized employment of, and payment
to, the law firm of Daniels, Mason & Kashtan, P.A. (now Daniels,
Kashtan & Fornaris, P.A.), to serve as co -counsel and legal
consultant in the case of McNew Marine Construction, Inc. vs.
City of Miami vs. Ronald A. Frazier & Associates, Inc.; and
WHEREAS, contingencies in prior fee agreements have occurred
f
which necessitates additional services of this law firm, namely,
additional parties have been added to the litigation, the City of
jMiami's Counterclaim and Third -Party Complaints have been amended
}
j and additional time-consuming discovery is required; and
r
WHEREAS, although the law firm of Daniels, Kashtan &
Fornaris, P.A., has reached the maximum levels of its authorized
compensation set forth by Resolution No. 90-267, they have
CITY COMMON
MON
J AN 9 1992
96
REWLWrll* No.
continued
to provide
excellent legal
services
to
the
City,
pending
authorization
for additional
funds
by
the
City
Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDAt
Section 1. The compensation to the lay, firm of DANIELS,
KASHTAN & FORNARIS, P.A., in connection with its services to the
City of Miami in the case of McNew Marine Construction, Inc. vs.
City of Miami vs. Ronald A. Frazier & Associates, et al., is
hereby increased by an additional $100,000.00 to that previously
approved by Resolution No. 90-0267 adopted April 12, 1990, said
monies therefor hereby allocated from the City of Miami's Self -
Insurance and Insurance Trust Fund.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of
ATTES
MATT IRAI
CITY CLERIC
BUDGETARY REVIEW:
MANO S. SURANA, DIRECTOR
BUDGET DEPARTMENT
- 2 -
XAVIER L.
, 1992.
Z, MAYOR
92-. 26
FL
SELF INSURANCE TRUS FUND REVIEW;
SUJAN CHHABRA, D TO
DEPARTMENT OF R K T
PREPARED AND APPROVED BY:
CHRISTOPHER F. KURTZ
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
al. r-Z w, , - , I -11A /, /, �/ //
A QU XNW JON , II
CITY ATTO
CFK:bf:M2696
- 3 -
92- 26
f
CITY OF MIAMI, FLORIDA 14
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE
of the City Commission
SUBJECT
FROM . A. Quinn Jones, III REFERENCES .
City AttoXhey
ENCLOSURES
December 12, 1991 FILE J-92-20
Resolution Ratifying
and Approving Payment
to DANIELS, KASHTAN &
FORNARIS, P.A. for Services
Rendered in the McNew Marine
Lawsuit
It is respectfully requested that the City Commission
approve the attached Resolution ratifying and approving
additional payment to the law firm of DANIELS, KASHTAN &
FORNARIS, P.A. for services rendered, and to be rendered, in the
lawsuit filed by McNew Marine Construction, Inc., the contractor
for Miamarina, against the City of Miami, using monies therefor
from the Self -Insurance and Insurance Trust Fund, and further
authorizing expenditures from said fund for necessary costs and
expenses in connection with this lawsuit.
The additional $100,000.00 being requested is to include any
services rendered to complete discovery and try the case to a
verdict. These additional funds are necessary because various
contingencies in prior fee agreements have occurred which require
additional services, namely, additional parties have been added
to the litigation, the City's counterclaim and third -party
complaints have been amended, the full-time paralegal/clerk
working on this litigation in the past has resigned and
additional time-consuming discovery. Despite reaching the
maximum compensation as set forth in Resolution No. 90-267, this
law firm has continued its excellent representation of the City
pending authorization for additional funds by the City
Commission. Our co -counsel has informed us that attorney's fees
expended in the past and future will be recovered from the surety
bond. These monies will not include any post -trial services.
We are requesting that this item be placed on the January 9,
1992 City Commission Meeting Agenda.
AQJ:CFK:bf:M619
enc.
cc: Cesar H. Odio, City Manager
Aurelio Perez-Lugones, Legislative Administrator
-j . .