98-22854 RESO
RESOLUTION NO.
98-22854
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT
OF THE LAWSUIT STYLED REED LANDSCAPING. INC. V. CITY OF
MIAMI BEACH, CASE NO. 97-24110 CA (30), AND ADVANCING $17,754
FROM THE CITY'S GENERAL FUND TO COVER ADDITIONAL WORK
DEEMED NECESSARY BY THE CITY TO COMPLETE THE JACKIE
GLEASON THEATER OF THE PERFORMING ARTS BEAUTIFICATION
PROJECT, WITH THIS EXPENDITURE TO BE REIMBURSED FROM THE
$100,000 GRANT FUNDS TO BE MADE AVAILABLE TO THE CITY AS A
COMPONENT OF THE SMG AGREEMENT FOR THE MANAGEMENT OF
THE MIAMI BEACH CONVENTION CENTER AND THE JACKIE
GLEASON THEATER OF THE PERFORMING ARTS; AND FURTHER
AUTHORIZING THE CITY ATTORNEY'S OFFICE TO EXECUTE ANY
AND ALL RELATED DOCUMENTS RELATED TO THE SETTLEMENT.
WHEREAS, on October 28, 1997, Reed Landscaping, Inc. (Reed) filed a complaint styled
Reed Landscaping. Inc. v. City of Miami Beach, Case No. 97-24110 CA 30, for alleged breach of
contract involving landscaping work on the Jackie Gleason Theater of the Performing Arts
Beautification Project, for which Reed sought damages, pre-judgment interest, costs and attorney's
fees; and
WHEREAS, suhject to the terms set forth herein, Reed 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, FLORIDA, that the Mayor and City
Commission herein approve a settlement of the lawsuit styled Reed Landscaping. Inc. v. City of
Miami Beach, Case No. 97-24110 CA 30, and advance $17,754 from the City's General Fund to
cover additional work deemed necessary by the City to complete the Project, with this expenditure
to be reimbursed from the $100,000 grant funds to be made available to the City as a component of
the SMG Agreement for the management of the Miami Beach Convention Center and the Jackie
Gleason Theater of the Performing Arts; and further authorize the City Attorney's Office to execute
any and all related documents.
PASSED and ADOPTED this 15th
day of
July
,1998.
rtJl
MAYOR
L1:tltU~
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
111 !l!AJ?:--
City Attorney
7/;u/9rf
Date
~ITY OF MIAMI BEACH
TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
S-I~-=cr ~
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: July 15, 1998
Sergio Rodriguez, City Manager \.. 1,\(
Murray Dubbin, City Attorney" \~\tl.h!'
I .... \
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT
OF THE LAWSUIT STYLED REED LANDSCAPING. INC. V. CITY OF
MIAMI BEACH, CASE NO. 97-24110 CA (30), AND ADVANCING $17,754
FROM THE CITY'S GENERAL FUND TO COVER ADDITIONAL WORK
DEEMED NECESSARY BY THE CITY TO COMPLETE THE JACKIE
GLEASON THEATER OF THE PERFORMING ARTS BEAUTIFICATION
PROJECT, WITH THIS EXPENDITURE TO BE REIMBURSED FROM THE
$100,000 GRANT FUNDS TO BE MADE A V AILABLE TO THE CITY AS A
COMPONENT OF THE SMG AGREEMENT FOR THE MANAGEMENT OF
THE MIAMI BEACH CONVENTION CENTER AND THE JACKIE
GLEASON THEATER OF THE PERFORMING ARTS; AND FURTHER
AUTHORIZING THE CITY ATTORNEY'S OFFICE TO EXECUTE ANY
AND ALL RELATED DOCUMENTS RELATED TO THE SETTLEMENT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On or about September 13, 1995, Reed Landscaping entered into a contract with the City for the
Jackie Gleason Theater of the Performing Arts Beautification Project. Reed was to furnish all labor,
materials and services necessary to perform certain landscaping, paver tile and irrigation work at the
Project. Reed completed the work required under the contract; in addition, it also performed
additional work over and above the original scope of the contract. Due to design errors by the
landscape architect, the paving was installed incorrectly and required correction.
ANAL YSIS:
On October 28, 1997, a lawsuit was filed by Reed Landscaping against the City alleging breach of
contract in Circuit Court in Dade County. Reed completed its work under the contract; in addition,
Reed provided additional services to the City by performing work over and above the scope of the
AGENDA ITEM K I r
DATE:J-{S-~8
original contract. The City proffered an Offer of Judgment on May 13, 1998, for $44,603.12, which
was accepted by Reed on May 28,1998. The payment of this settlement will be as follows:
. $12,000.00 will be paid by the landscape architect involved in the project, Bill Rosenberg
and the Rosenberg Design Group, to compensate Reed Landscaping for work done to repair
the project as a result of the design errors;
. $14,849.04 of the original contract allocation for the Jackie Gleason Theater of the
Performing Arts Beautification Project that has been held by the Recreation, Culture and
Parks Department pending resolution of this matter; and
· Advancing $17,754 from the City's General Fund to settle this component of the lawsuit.
As this is a project at the Jackie Gleason Theater of the Performing Arts/ Convention Center
and the additional work benefited the Theater, the City will be reimbursed the $17,754 from
the $100,000 grant funds to be made available to the City as a component of the SMG
Agreement for the management of the Convention Center and the Jackie Gleason Theater of
the, Performing Arts. The City will receive this allocation on October 15, 1998 from SMG,
and is contingent upon the approval of the SMG agreement scheduled for the July 15, 1998
Commission meeting.
This work included additional up-lighting and related electrical service for the Royal Palms,
supplemental irrigation and repairs to the existing irrigation system, the installation of a new
main water line to service the irrigation and "Mermaid" pool, additional irrigation and
plantings around the pump station and the relocation and transplanting of palms not included
in the original bid.
It is the joint recommendation of the City Manager and the City Attorney that it is in the best interest
of the City to resolve this matter without further litigation, exposure to risk, time and expense.
CONCLUSION:
Approve the attached Resolution.
~,~~~~~;;t"mDm