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Home My WebLink AboutR-02-0173J-02-40 2/14/02 RESOLUTION NO. 02— 1{3 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GREGORI INTERNATIONAL OF FLORIDA, INC. THE SUM OF $975,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR THE CASE OF GREGORI INTERNATIONAL OF FLORIDA, INC. VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, CASE NO. 97-15935 CA (02), UPON EXECUTION OF A GENERAL RELEASE AND COMPLIANCE WITH AN ESCROW AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661. WHEREAS, the City of Miami contracted with Bunkers of Miami, a Florida Joint Venture, a/k/a Bunkers of Miami, Inc., a/k/a Bunkers of Miami Joint Venture a/k/a Bunkers of Miami ("Bunkers") as project manager for the renovation of and to operate the Melreese Golf Course; and WHEREAS, Gregori International of Florida, Inc. ("Gregori"), the contractor hired by the City to construct the Melreese Golf Course renovations in 1996, filed a claim and CITY 00 MEETI C r 2002 e1104a4W17 q DID, 0 /" 1'7 lawsuit against the City of Miami, in the Circuit Court of the Eleventh Judicial District, Case No. 97-16935 CA (02), in Miami - Dade County, Florida, for breach of contract, alleging that Gregori incurred delay damages allegedly attributable to the actions of the City and Bunkers; and WHEREAS, the above claim and lawsuit have been investigated by the Tort Committee of the City Attorney's Office and the Division of Risk Management pursuant to Section 18-232 of the Code of the City of Miami, Florida, as amended, which created the City of Miami's Self -Insurance and Insurance Trust Fund and said Offices recommend that said claim and lawsuit be settled for the sum of $975,000 as set forth herein; 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 if fully set forth in this Section. Page 2 of 4 02- 173 11 • Section 2. The Director of Finance is authorized to pay Gregori International. of Florida, Inc. the sum of $975,000 in full and complete settlement of any and all claims and demands against the City of Miami, for the case Gregori International of Florida, Inc. vs. City of Miami, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 97-16935 CA (02), to be paid as follows: $900,000 upon the execution of a general release,' in a form acceptable to the City Attorney, releasing the City of Miami and its present and former officers, agents, attorneys and employees from any and all claims and demands, and $75,000 upon Gregori International of Florida, Inc.'s compliance with an escrow agreement, in a form acceptable to the City Attorney, between Gregori International of Florida, Inc. and the City of Miami, with funds allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.661. Section 3. This Resolution shall become effective l� 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 Code provisions. Page 3 of 4 immediately upon its adoption and signature of the Mayor. 2/ PASSED AND ADOPTED this 14th day of February , 2002. ATTEST: SYT IA SCHEIDER ACTING CITY CLERK APPROVED -AS T aMEJ O VILARELLO CI ATTORNEY W5917:MJS jcr:BSS CORRECTNESS:t 4�'6�K� AIANUEL A. DIAZ, zr 2/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 02— 2- 17 3 CITY OF MIAMI CITY ATTORNEY'S OFFICE CA 10 UM TO: Mayor and MembeXof tV ((ty Commission FROM: Alejandro Vi City Attorney DATE: RE: City CommissA Meeting February 14, 2002 Settlement- G egori International of Florida, Inc. vs. City of Miami Case No. 97-16935 CA (02), Eleventh Judicial Circuit Court in and for Miami -Dade County (J-02-40) and directing City Attorney to take actions necessary, including the engagement of legal counsel, to obtain relief or to remedy any losses or damages sustained by the City related to allegations in the referenced lawsuit. The attached proposed .:solution authorizes the Director of Finance to pay Gregori International of Florida, Inc., without the admission of liability, the sum of $975,000, subject to certain conditions as specified herein, in full and complete settlement of any and all claims and demands against the City of Miami and all parties, for the case Gregori International of Florida, Inc. v. City of Miami, Case No. 97-1693.5 CA (02), in the Eleventh Judicial Circuit Court in and for Miami -Dade County. The attached proposed resolution also directs the City Attorney to take any and all actions, necessary or permitted, including the engagement of legal counsel, against Bunkers of Miami, a Florida Joint Venture, a/k/a Bunkers of Miami, Inc., a/k/a Bunkers of Miami Joint Venture a/k/a Bunkers of Miami (`Bunkers") and other parties, to protect, preserve and defend the interests of the City of Miami, including but not limited to any action authorized by law or in equity to obtain any relief or to remedy any losses or damages to the City of Miami caused in any way by any party which may have been sustained against the City of Miami by Gregori International of Florida, Inc. The City of Miami contracted with Bunkers as project manager for the renovation of and to operate the Melreese Golf Course. Gregori International of Florida, Inc., the contractor hired by the City to construct the Melreese Golf Course renovations in 1996, sued the City for breach of contract, alleging that it incurred delay damages allegedly attributable to the actions of the City and Bunkers. The amount of $975,000 will be paid as follows; $900,000 upon the execution of a general release releasing the City of Miami and its present and former officers, agents, attorneys and employees from any and all claims and demands, and $75,000 upon Gregori International of Florida, Inc.'s compliance with an escrow agreement, in a form acceptable to the City Attorney, between Gregori International of Florida, Inc. and the City of Miami. The Settlement shall include, but not be limited to, damages, attorneys' fees, and costs. 02- 1'73.4 Mayor and Members of the 110ty. Commission January 30, 2002 Settlement- Gregori International of Florida, Inc. Page 2 Because the City's Management Agreement with Bunkers contains two indemnification clauses, it is legally permissible for the City to attempt to recover its damages from Bunkers. Funds for the Settlement and for costs of said actions, if necessary are available and will be allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 515 001.624401.6.661. MJS:BSS:W656 c: Carlos A. Gimenez, City Manager Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator 02-- 173 TO: FROM: DATE: RE: CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM Linda Haskins, Director, Budget and Management Analysis Mario Soldevilla, Administrator, Division of Risk Management Maria J. Chiaro, Assistant City Attorney tel - January 14, 2002 nD Od[� Financial review and approval for payment of Settlement RISK MANAGEMENT Gregori International of Florida, Inc. vs. City of Miami, Case No. 97-16935 CA (02), Eleventh Judicial Circuit Court in and for Miami -Dade County (J-02-40) The attached proposed resolution will be presented to the City Commission on January 24, 2002. If approved, the matter of Gregori International of Florida, Inc. vs. City of Miami, Case No. 97-16935 CA (02), in the Eleventh Judicial Circuit Courtin and for Miami - Dade County will be settled for $975,000.00, subject to certain conditions. Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code No. 515 001.624401.6.661. Please indicate your review and approval hereinbelow by affixing your signature and returning this original memorandum to Beverly Solomon, Administrative Assistant II, of this office as soon as possible. REVIEW AND APPROVAL BY THE RISK MANAGEMENT DIVISION: MARIO SOLDEVILLA ADMINISTRATOR BSS: W657 REVIEW AND APPROVAL BY THE OFFICE OF BUDGET AND MANAGEMENT ANALYSIS: LINDA HASKINS DIRECTOR 02-- 1'73 z