HomeMy WebLinkAboutresolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
MiEMmi, FL 33133
w4wv.ci.miami.fl.us
File Number: 05-00367
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
SETTLEMENT, IN THE AMOUNT OF $90,000, 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 THE
SETTLEMENT AGREEMENT AT MEDIATION DATED APRIL 6, 2005;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, pursuant to Resolution No. 92-121, adopted February 13, 1992, the City of Miami
(City )accepted a bid from Danville-Findorff, Inc., as the general contractor for the Orange Bowl
renovation project ("Project"), which Project included painting portions of the Orange Bowl Stadium
("Painting Services"); and
WHEREAS, Danville-Findorff, Inc., subsequently contracted with Hames Contracting, Inc., as the
paint subcontractor for the Painting Services; and
WHEREAS, the paint and paint products for the Project were manufactured by the Sherwin-
Williams Company; and
WHEREAS, the paint, paint products, and/or painting work failed or were defective; and
WHEREAS, the City on September 24, 1999, filed a lawsuit against Danville-Findorff, Inc., Hames
Contracting, Inc., and the Sherwin-Williams Company 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 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)
("the City's lawsuit"); and
WHEREAS, the City previously settled the claims in the City's lawsuit against the Sherwin-Williams
Company for the amount of $500,000; and
WHEREAS, Hames Contracting, Inc. and the City wish to settle only the claims between Hames
Contracting, Inc. and the City in the City's lawsuit; and
WHEREAS, acceptance of the settlement offer by Hames Contracting, Inc., for payment of $90,000
to the City , in settlement only of the claims
between
Mediatiolng, Inc. and ndated April 6, 2005,
City,
2005uant hasl,c�
the terms more fully set forth in the Settlement Agreement at
City of Miami Page 1 of 2 Printed On: 4/27/2005
File Number: 05-00367
been evaluated, approved and recommended by the City Attorney;
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.
Section 2. A settlement, in the amount of $90,000, in partial settlement of the City'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 the Settlement Agreement at Mediation dated April 6,
2005, is accepted.
Section 3. The City Manager is authorized(1) to execute all necessary documents, 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/
DEZ/J/
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 City Charter and Code
provisions.
{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 Printed On: 4/27/,2005