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2002-24823 Reso RESOLUTION NO. 2002-24823 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT OF THE LA WSillT STYLED MET CONSTRUCTION V. CITY OF MIAMI BEACH, CASE NO. 97-28833 CA 25, IN THE AMOUNT OF $35,000 ON THE BREACH OF CONTRACT CLAIMS; RECEIVING $506,253.00 ON THE CITY'S COUNTERCLAIM; AND FURTHER AUTHORIZING THE CITY ATTORNEY'S OFFICE TO EXECUTE ANY AND ALL RELATED DOCUMENTS RELATED TO THE SETTLEMENT. WHEREAS, on December 22, 1997, Met Construction, Inc.(Met) filed a complaint styled Met Construction. Inc. v. City of Miami Beach, Case No. 97-28833 CA 25, for alleged breach of contract involving roofing work on Old City Hall, for which Met sought damages, pre-judgment interest, costs and attorney's fees; and WHEREAS, on October 13, 1998, the City of Miami Beach filed a counterclaim against Met for damage related to a fire on September 19, 1995, which originated on the roof which was being repaired at the time by Met; WHEREAS, subject to the terms set forth herein, Met and the City, without admission of liability, have agreed to finally resolve any and all claims and disputes by and between them; and WHEREAS, the aforementioned parties desire to avoid further expense, time, effort and uncertainty in regard to this action; NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve a settlement of the lawsuit styled Met Construction. Inc. v. City of Miami Beach, Case No. 97-28833 CA 25, in the amount of $35,000.00 on the breach of contract claims; receiving $506,253.00 on the City's Counterclaim; and further authorize the City Attorney's Office to execute any and all related documents. PASSED and ADOPTED this 10th April , 2002. ATTEST: MP~ CITY CLERK M(~ '}-7--02- City NAoitntIf Date OFFICE OF THE CITY ATTORNEY ~ tlfJ/Gmni 1JmM F L o R o A MURRAY H. DUB BIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM TO: Mayor David Dermer and DATE: April 10, 2002 Members of the CiiJ7com .ssion FROM: Murray H. Dubbin ; City Attorney ~~ d SUBJECT: A RESOLUTIO~ '~~ THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO APPROVE THE SETTLEMENT BETWEEN THE CITY OF MIAMI BEACH AND MET CONSTRUCTION, INC. On or about June 7, 1995, Met Construction entered into a contract with the City for roofing repair and replacement on the north and south roofs of Historic Old City Hall, located at 1130 Washington Avenue. While in the process of this job, on or about September 19, 1995, a fire originated on the south portion of the roof, which burned a significant part of the building and caused extensive damage to the entire building. The necessary repairs and fire restoration were approved by the City Commission in September 1996. The restoration contractor, Integrated Environmental Services (IES), subsequently defaulted on the project, which was substantially completed by its bonding company in the summer of 2000 and finally completed thereafter by the City. On December 22, 1997, a lawsuit was filed in Circuit Court in Dade County by Met Construction against the City alleging breach of contract. Met had substantially completed its work under the contract before the fire. Subsequent to the fire, Met was retained by the City to conduct emergency repairs. However, Met's contract was never terminated in accordance with the contract documents. The payment of this settlement will be as follows: (1) $35,000.00 will be paid to Met by the City out of the General Fund; (2) Met andlor its insurer, Zurich, will pay the City $506,253.00. As an agreement has been reached with Met andlor its insurer in mediation (subject of course to approval by the Commission), it would be in the best interest of the City to resolve this matter without further litigation, exposure to risk, time and expense. MHD\RLM F:\ATTOIMONRlCOMMERCIIMETCONST\COMMISSI.MEM Attachment AGENDA ITEM P?7C r -/~-O?- DATE 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139