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