HomeMy WebLinkAboutR-11-0502City of Miami
Legislation
Resolution: R-11-0502
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01169 Final Action Date: 12/15/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY THE PAINTER, INC. THE TOTAL SUM OF
$37,743.35 INTEREST INCLUDED ON A PER DIEM RATE OF $2.83 THROUGH
DECEMBER 15, 2011, SUCH INTEREST WILL CONTINUE TO ACCRUE UNTIL
PAID, ALTHOUGH THE INTEREST RATE IS SUBJECT TO CHANGE, IN FULL AND
COMPLETE SATISFACTION OF THE JUDGMENT ENTERED AGAINST THE CITY
OF MIAMI, EXCLUSIVE OF ATTORNEY'S FEES AND COSTS WHICH WILL BE
DETERMINED AT A LATER HEARING, AGAINST THE CITY OF MIAMI IN THE
PAINTER, INC. VS. THE CITY OF MIAMI, PENDING IN THE STATE CIRCUIT
COURT, CASE NO.: 05-12967 CA 13; ALLOCATING FUNDS FROM THE
NON -DEPARTMENTAL ACCOUNT CODE NUMBER.
00001.980000.531010.0000.00000
WHEREAS, The Painter, Inc. and the City of Miami, are engaged in litigation in the State of
Florida Circuit Court Case No.: 05-12967 CA 13, concerning a contract to paint a city facility for which
payment in full was not made by the City of Miami; and
WHEREAS, the City Attorney's Office tried this case in the Circuit Court for the State of Florida
wherein on December 22, 2010, The Painter, Inc. obtained a Final Judgment in the amount of
$21,750 plus prejudgment interest from August 29, 2002; and
WHEREAS, the City Attorney's Office filed and argued an appeal to the Third District Court of
Appeal of that judgment; and
WHEREAS, the judgment was upheld on appeal and no further appeal is available of the
underlying judgment, although a further challenge to the award of attorney's fees is being pursued;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay The Painter, Inc. the total sum of
$37,743.35 interest included on a per diem rate of $2.83 through December 15, 2011, such interest
will continue to accrue until paid, although the interest rate is subject to change in full and complete
satisfaction of the Final Judgment, excluding attorney's fees and costs, against the City of Miami, its
agents, officers and employees, The Painter, Inc. v. The City of Miami, pending in the Florida Circuit
Court Case No.: 05-12967 CA 13, with funds allocated from Non -Departmental Account Number.
00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
City of Miami
Page 1 of 2 File Id: 11-01169 (Version: 1) Printed On: 10/24/2017
File Number: 11-01169 Enactment Number: R-11-0502
of the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 11-01169 (Version: 1) Printed On: 10/24/2017