Re; City’s counsel’s trust account
I recently received from the City of Port Orange a copy of the October 6, 2009 Settlement and Modification Agreement between Halifax Paving and the City. Prior to this agreement the City had paid Saboungi Construction Co over $109,000.00, in large part because Halifax Paving was late in delivering fill dirt and delivered substandard fill dirt, to the Coraci Sports Park. Halifax was to reimburse the City for $100,000.00 of its costs and the specifics of that reimbursement are spelled out in the October 6th Agreement. Some of those specifics follow:
- Settlement Amount. The Settlement Amount shall be paid as follows:
- $40,000.00 payment to City’s counsel’s trust account to be released upon the City’s approval and execution of this Release and Modification Agreement; and
- $60,000.00 in the form of a credit for future services from Halifax under the Contract, which Contract is hereby incorporated herein by reference and made a part of this Agreement. The value of services rendered shall be as currently stated in the parties’ Contract.
I’m not sure if “City’s counsel’s trust account” refers to an account that you maintain as City Attorney or if it refers to one maintained by an outside attorney who represented the City on this matter, but it should make tracing of the $40,000.00 an easy matter. Everyone knows that improprieties in an attorney’s escrow accounts can have terrible consequences for their careers, so attorneys are very meticulous about their records.
Please consider this a formal request under the Freedom of Information Act for proof of payment into City’s counsel’s trust account of $40,000.00 from Halifax Paving and its subsequent release to the City. Since proof that Halifax Paving did in fact “work off” the remaining $60,000.00 of their debt is probably something that you can not provide, I have requested that information elsewhere.
618 Ruth St
Port Orange, FL 32127