Miami-Dade Legislative Item
File Number: 091991
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File Number: 091991 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1052-09 Control: Board of County Commissioners
File Name: CONFLICT WAIVER REQUEST BY BECKER & POLIAKOFF Introduced: 6/29/2009
Requester: NONE Cost: Final Action: 7/23/2009
Agenda Date: 7/21/2009 Agenda Item Number: 11A17
Notes: Title: RESOLUTION REGARDING A CONFLICT WAIVER REQUEST BY BECKER & POLIAKOFF PURSUANT TO ITS STATE LOBBYING CONTRACT WITH MIAMI-DADE COUNTY
Indexes: CONFLICT WAIVER
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/23/2009 11A17 Adopted P

Board of County Commissioners 7/21/2009 11A17 Carried over 7/23/2009
REPORT: (NOTE: See the July 23, 2009, Board meeting minutes, Legistar Meeting Key No. 2751).

County Attorney 6/30/2009 Referred Health, Public Safety & Intergovernmental Cmte 7/16/2009

County Attorney 6/30/2009 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION REGARDING A CONFLICT WAIVER REQUEST BY BECKER & POLIAKOFF PURSUANT TO ITS STATE LOBBYING CONTRACT WITH MIAMI-DADE COUNTY

BODY
WHEREAS, Becker & Poliakoff is a member of the Miami-Dade County (the “County”) state contract lobbying team; and
WHEREAS, Becker & Poliakoff has submitted a written request, a copy of which is attached, that the County provide a conflict waiver and consent to its representation of Fidelity & Deposit Company of Maryland (hereinafter “Fidelity”) to serve as separate surety counsel in the case of Miami-Dade County v. Miri Construction, Inc. and Fidelity & Deposit Company of Maryland, Miami-Dade Circuit Court – Case No. 090-04493 CA 23 (hereinafter referred to as the “Miri Lawsuit”); and
WHEREAS, the County’s lobbying contracts provide that the Board may take, in its sole discretion, any action regarding a waiver of request, including but not limited to the following:
1. Grant a waiver and allow Becker & Poliakoff to continue to represent both the County and the other party;
2. Refuse to grant a waiver and void its contract with Becker & Poliakoff; and
3. Grant a limited waiver, allow Becker & Poliakoff to continue to represent both the County and the other party under whatever limitations or restrictions the County in its sole discretion determines to be appropriate,
WHEREAS, Fidelity is a party to the Miri Lawsuit solely by virtue of being a surety; and
WHEREAS, Becker & Poliakoff indicates that it will assert no affirmative counterclaims against the County on behalf of Fidelity, but will merely assert Fidelity’s surety defenses, if any; and
WHEREAS, Zurich’s bonded principal, Miri Construction, Inc. (hereinafter “Miri”), is represented by separate counsel who will assert Miri’s primary factual defenses, if any; and
WHEREAS, Becker & Poliakoff is not seeking a waiver to represent the interests of Miri, and will not represent the interests of Miri in the Miri Lawsuit,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board grants the request by Becker & Poliakoff for a limited conflict waiver pursuant to its state lobbying contract with the County related to Becker & Poliakoff’s representation of Fidelity in connection with the Miri Lawsuit. Becker & Poliakoff may represent the interests of Fidelity in the Miri Lawsuit, but this limited waiver does not extend in any way beyond the Miri Lawsuit.



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