HomeMy WebLinkAboutR-03-1217City of Miami
Legislation
Resolution: R-03-1217
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0276 Final Action Date: 12/18/2003
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE AMOUNT
OF $500,000, IN PARTIAL SETTLEMENT OF THE CITY OF MIAMI'S CLAIMS
AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. DANVILLE-FINDORFF,
INC., A FLORIDA CORPORATION, HAMES CONTRACTING, INC., A GEORGIA
CORPORATION, AND THE SHERWIN-WILLIAMS COMPANY, AN OHIO
CORPORATION IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 99-22455
CA (23), PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT; AND
DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, the City of Miami ("City"), by City Resolution No. 92-121, approved February 13,
1992, accepted a bid from Danville-Findorff, Inc. as the general contractor for the Orange Bowl
renovation project, which included painting portions of the Orange Bowl Stadium; and
WHEREAS, Danville-Findorff, Inc. subsequently contracted with Hames Contracting, Inc. as the
paint subcontractor to paint the Orange Bowl Stadium; and
WHEREAS, the paint and paint products for the project were manufactured by the
Sherwin-Williams Company ("Sherwin-Williams"); and
WHEREAS, the paint, paint products, and/or painting work failed or were defective; and
WHEREAS, on September 24, 1999, the City filed a lawsuit against Danville-Findorff, Inc.,
Hames Contracting, Inc., and the Sherwin-Williams alleging various causes of action for breach of
contract, breach of warranty, negligence and tortious interference with contract in a case captioned
City of Miami vs. Danville-Findorff, Inc., a Florida corporation, Hames Contracting, Inc., a Georgia
corporation, and the Sherwin-Williams, an Ohio corporation in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 99-22455 CA (23) ("the City's
lawsuit"); and
WHEREAS, the Sherwin-Williams Company and the City of Miami wish to settle only the claims
as between the Sherwin-Williams Company and the City of Miami in the City's lawsuit; and
WHEREAS, acceptance of the settlement offer by the Sherwin-Williams Company, for payment of
$500,000 to the City of Miami, in settlement only of the claims as between the Sherwin-Williams
Company and the City of Miami, pursuant to the terms more fully set forth in the Settlement
Agreement, has been evaluated, approved and recommended by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
Page 1 of 2 File Id: 03-0276 (Version: 2) Printed On: 8/24/2016
File Number: 03-0276 Enactment Number: R-03-1217
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.
Section 2. The sum of $500,000, in partial settlement of the City of Miami's claims and demands
for the case of City of Miami vs. Danville-Findorff, Inc., a Florida corporation, Hames Contracting, Inc.,
a Georgia corporation, and the Sherwin-Williams Company, an Ohio corporation in the Circuit Court
Of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 99-22455 CA (23),
pursuant to the terms of a Settlement Agreement, is accepted.
Section 3. The City Manager is authorized{1 } to execute the Settlement Agreement and all
necessary documents, in a form acceptable to the City Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS
ALEJANDRO VILARELLO
CITY ATTORNEY
Footnotes:
{1} 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 provisions
of the City Charter and Code.
{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.
City of Miami Page 2 of 2 File Id: 03-0276 (Version: 2) Printed On: 8/24/2016