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2003-25103 ResoRESOLUTION NO. 2003-25103 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT OF THE LAWSUIT STYLED PRESTIGE LABORATORIES. INC. V. CITY OF MIAMI BEACH. CASE NO. 01-8731 CA 30, IN THE AMOUNT OF $38,500 ON THE BREACH OF CONTRACT CLAIMS; AND FURTHER AUTHORIZING THE CITY ATTORNEY'S OFFICE TO EXECUTE ANY AND ALL RELATED DOCUMENTS RELATED TO THE SETTLEMENT. WHEREAS, on April 13, 2001, Prestige Laboratories, Inc.(Prestige) filed a complaint styled Prestige Laboratories. Inc. v. Ci.ty of Miami Beach, Case No. 01-8731 CA 30, for alleged breach of contract for overtime work relating to the routine care and maintenance of eight reflection fountains located within the Lincoln Road Mall, for which Prestige sought damages, pre-judgment interest, costs and attorney's fees; and WHEREAS, subject to the terms set forth herein, Prestige 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 DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORII)A, that the Mayor and City Commission herein approve a settlement of the lawsuit styled prestige Laboratories. Inc. v. City of Miami Beach. Case No. 01-8731 CA 30, in the amount of $38,500.00 on the breach of contract claims; and further authorize the City Attorney's Office to execute any and all related documents. PASSED and ADOPTED this 8th A~UtATEST: CITY CLERK ry ,2003. MURRAY H. DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY F L O R I D A Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM TO: FROM: Mayor David Dermer and Members of the City Commission Murray H. Dubbi~,/~ ~ City Attorney DATE: January 6, 2003 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO APPROVE THE SETTLEMENT BETWEEN THE CITY OF MIAMI BEACH AND PRESTIGE LABORATORIES, INC. On or about June 13, 1997, Prestige Laboratories, Inc. entered into a contract with the City for the routine care and maintenance of eight reflection fountains located within the Lincoln Road Mall. At the end of the original contract term in 1998, the contract was renewed with the same terms. During the renewal period, overtime charges were paid for a time. Thereafter, the City refused to continue to pay overtime to Prestige. On April 13, 2001, a lawsuit was filed in Circuit Court in Dade County by Prestige against the City alleging breach of contract. Prestige sued for unpaid overtime, interest, attorney's fees and costs. The original claim was for $42,787.50 in unpaid overtime and in excess of $50,000 for attorney's fees and costs. As an agreement has been reached with Prestige on the eve of trial (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:~ATTO~IONR~COMMERCI~PRESTIGE~COMMISSI.MEM Attachment AGENDA ITEM 1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139