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.
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