HomeMy WebLinkAboutR-20-0042City of Miami
q Legislation
Resolution: R-20-0042
File Number: 6923
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/13/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING PAYMENT
TO THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF FIFTY ONE
THOUSAND DOLLARS ($51,000.00) FROM HDR ENGINEERING, INC., AND
DRC, INC., IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS IN THE
CASE OF CITY OF MIAMI V. HDR, ENGINEERING, INC., ET AL., CASE NO.
11-03622 CA 01 (27), PENDING BEFORE THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT
AND RELEASE ("AGREEMENT"); AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND ANY AND ALL OTHER NECESSARY
DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECTUATE THE SETTLEMENT.
WHEREAS, HDR Engineering, Inc. ("HDR"), through its predecessors in interest,
entered into a contract with the City of Miami ("City") to perform specialty project management
services for debris removal in the aftermath of Hurricane Katrina in 2005 and Hurricane Wilma
in 2006 (collectively, "Hurricanes"); and
WHEREAS, Grubbs Emergency Services, LLC. ("Grubbs"), through its predecessors in
interest, entered into a contract with the City to perform specialty project management services
for debris removal in the aftermath of the Hurricanes; and
WHEREAS, DRC, Inc. ("DRC"), through its predecessors in interest, entered into a
contract with the City to perform emergency management services and debris removal in the
aftermath of the Hurricanes; and
WHEREAS, in June 2007, the Office of the Independent Auditor General issued an
interim audit of the City's costs as they related to the Hurricanes and found that HDR, Grubs,
and DRC (collectively, "Defendants") were deficit in their record keeping of debris removed after
the Hurricanes which caused reduced reimbursements to the City from the Federal Emergency
Management Agency ("FEMA"); and
WHEREAS, the Defendants disputed that they were responsible for the deficiencies in
record keeping of debris removal related to the Hurricanes; and
WHEREAS, the City filed a lawsuit against the Defendants in the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida for breach of contract and unjust enrichment; and
WHEREAS, the City and the Defendants have agreed to settle all claims provided that
HDR and DRC pay the City $51,000.00 and the parties exchange mutual releases of all claims
arising from or relating to the lawsuit; and
City of Miami Page 1 of 2 File ID: 6923 (Revision:) Printed On: 2/26/2020
File ID: 6923
Enactment Number: R-20-0042
WHEREAS, the Office of the City Attorney has investigated this claim, prosecuted this
lawsuit, and recommends that said claim and lawsuit be settled for the sum of $51,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as is fully set forth in this Section.
Section 2. Payment to the City in the amount of $51,000.00 from HDR and DRC in full
settlement of all claims and demands in the case of City of Miami v. HDR Engineering, Inc., et
al., Case No. 11-0362 CA 01 (27), pending before the Circuit Court of the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, pursuant to the terms of a Settlement Agreement
and Release ("Agreement"), is accepted.
Section 3. The City Manager is authorized' to execute the Agreement and any and all
other necessary documents, all in a form acceptable to the City Attorney, to effectuate the
settlement.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor ey 12/27/2019
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 6923 (Revision:) Printed on: 2/26/2020