HomeMy WebLinkAboutR-88-0595a-88-880
6/S2/88
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
TAKE ALL STEPS, INCLUDING THE FILING OF
CLAIMS, COUNTERCLAIMS, THIRD PARTY
COMPLAINTS, AND ACTIONS AGAINST ANY PERSON OR
FIRM RESPONSIBLE FOR THE DESIGN AND
CONSTRUCTION OF THE MIAMARINA PROJECT FOR THE
PURPOSE OF RECOVERING THE CITY'S EXPENSES
WHICH WERE IN EXCESS OF THE CONTRACT COST
CONNECTED WITH THE RESTORATION OR REPAIR OF
MIAMARINA IN ACCORDANCE WITH THE OBJECTIVE OF
PROVIDING A MARINA FOR PUBLIC USE IN
SATISFACTORY OPERATIONAL ORDER; FURTHER
RATIFYING, APPROVING AND CONFIRMING THE
ACTIONS OF THE CITY ATTORNEY IN THE TAKING OF
STEPS NECESSARY FOR THE FILING OF A
COUNTERCLAIM AS WELL AS THE FILING OF A THIRD
PARTY COMPLAINT IN THE CASE OF MCNEW MARINE
CONSTRUCTION, INC. VS. THE CITY OF MIAMI,
CIRCUIT COURT CASE NO. 87-53275(18).
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Attorney is hereby authorized to
take all steps, including the filing of claims, counterclaims,
third party complaints, and actions against any person or firm
responsible for the design and construction of the Miamarina
project for the purpose of recovering the City's expenses which
were in excess of the contract cost connected with the
restoration or repair of Miamarina in accordance with the
i
objective of providing a marina for public use in satisfactory
operational order. The action of the City Attorney in the taking
of steps necessary for the filing of a counterclaim as well as
the filing of a third party complaint in the case of McNew Marine
Construction, Inc. vs. the City of Miami, Circuit Court Case
No. 87-53275(18) is hereby ratified, approved and confirmed.
PASSED AND ADOPTED this 23rd day of June 1988.
ell
XAVIER L. SUA MAYOR
ATTES
MATTY HIRAI
CITY CLERK
CITY COMMISSION
MEETING OF
JUN 23 1988q
RESOLUTION No.�'"—� rT
REMARKS
PREPARED AND APPROVED tY
ROEERT V . CLARtt
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO pOM AND CORRECTNESS:
OI2G L. A DEL
CITY ATTORNEY;
RFC:bss:M725
fl8-59`"�
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
'O _ATE TILE
Honorable Mayor and Members June 23, 1988
of the City C ssion SUBJECT
City Commission Meeting
June 23, 1988
Agenda Items #1, #7,
�iO"' JorgeL. Ferna dez REFERENCES #22 and Non -Agenda Item
Cit Attorney
_NCLOSURES (5)
The following information and material should be considered by
you in your deliberations at today's Meeting:
Agenda Item #1 (J-88-600) [Resolution authorizing
execution of amended agreement of professional services
for environmental assessments] The distributed
material did not contain a copy of the proposed
pro ess ona s and, or your
informat on, we ����aireemaent
g copy of 12 pages of
documents which will form the basis of the agreement to
be executed by the City Manager if you adopt this Item.
Agenda Item #7 (J-88-526) [Resolution accepting
proposal for a multi -year agreement for a Citywide
telephone system] You are being asked to approve the
Chief Procurement Officer's rejection of a protest
filed by Southern Hell in connection with this Item.
Attached you will find material which supplements the
information contained in your Packet. A substitute
resolution which includes your above approval is being
forwarded to the City Clerk for her record.
Agenda Item #22 (J-88-605) [Resolution approving, in
principle, the establishment of an Asian Village
Initiative] Mr. Angelton's representative has already
furnished you with a copy of his attached June 16th
letter to our office and a copy has also been sent to
City Staff. Our attached proposed resolution
incorporates the salient portions of his letter in a
form that enables you to express your intent. No
specific language on the exact area was available to be
used in the resolution and no details on the
administrative elements have been included.
Presumably, the City Manager and the Planning
Department will have input on the question of
procedure, support and some administrative concerns
which perhaps would be best addressed in ordinance
form.
9S-595
Honorable Mayor and Members Oune 23. 1088
of the city Commission Wage 2
Non -Agenda Item (J-88-580) (Resolution approving City
Attorney's actions, re: Miamarina Project) In order
to protect the City's interest in connection with the
design and construction of the Mlamarina Project, we
are requesting your adoption of the attached
resolution.
LAD:RFC:bss:P571
cc: Cesar H. Odio, City Manager
Natty Hirai, City Clerk
Ron E. Williams, Director, General Services Administration
Sergio Rodriguez, Director, Department of Planning
John Gilchrist, Director, Department of Development
Martha D. Fornaris, Assistant City Attorney
Linda K. Kearson, Assistant City Attorney
R8-595