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HomeMy WebLinkAboutItem #13 - Discussion ItemTO: Honorable Mayor and Members of the City Commission FROM: A. uinn J s, III City Atto ey CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: SUBJECT March 18, 1996 m FILE: L-94-330 Resolution Authorizing Settlement with Kostmayer Construction Company, Inc. REFERENCES: City Commission Agenda March 26, 1996 ENCLOSURES: (2) Attached is a proposed Resolution authorizing the Director of Finance to pay Kostmayer Construction Company, Inc., without admission of liability, the sum of $636,710.93, payable $477,533.00 this fiscal year, and $159,177.93 after January 2, 1997, in full and complete settlement of any and all claims and demands against the City of Miami upon the execution of a Release of All Claims, releasing the City of Miami from any and all claims and demands. The complete evaluation of this claim is contained in the attached Tort Committee settlement memorandum. In brief, the debris burning contractor claims that it brought extra equipment and personnel to Virginia Key with the knowledge and consent of the City's on -site representative, which was necessary because of the need to conduct a shaker operation to separate dirt and garbage from the vegetative debris, before it could be burned. Without this extra operation, the contractor claims the vegetative debris would produce more smoke than EPA regulators were willing to permit. It is likely that FEMA will reimburse the City for this Category A Expense, of which it was put on notice early in the litigation. This claim has been investigated by the Tort Committee and the Department of Risk Management, and is hereby recommended by this Office. citycom.doc kr.