Loading...
HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney ,j a DATE: February 13, 2020 RE: Proposed Settlement for City Commission Meeting — January 9, 2020 City of Miami v. HDR, Engineering, Inc., Grubbs Emergency Services, LLC., and DRC, Inc. Case No. 11-03622 CA 01 File No.: 6923 The attached proposed Resolution seeks authorization for settlement of all claims asserted by the City of Miami against HDR Engineering, Inc. ("HDR"), through its predecessors in interest, and DRC, Inc. ("DRC'), through its predecessors in interest, in the amount of $51,000.00 for claims arising from performance of specialty project management services for debris removal in the aftermath of Hurricane Katrina in 2005 and Hurricane Wilma in 2006. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Attachment(s) cc: Emilio T. Gonzalez, City Manager Christopher Rose, Director, Office of Management and Budget Miriam Santana, Agenda Coordinator VM/BLM/DAH/vja f; City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution Enactment Number: R-20-0042 File Number: 6923 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 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 i ria i "ndez, Cify Attor iey 1212712019 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.