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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01260 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY THE PAINTER, INC. THE TOTAL SUM OF
$170,936.71, IN FULL SATISFACTION OF ALL CLAIMS AND JUDGMENTS
AGAINST THE CITY OF MIAMI, IN THE PAINTER, INC. VS. THE CITY OF MIAMI,
PENDING IN THE STATE CIRCUIT COURT, CASE NO.: 05-12967 CA 13 AND IN
THE CASE OF CITY MIAMI VS. THE PAINTER, INC., PENDING IN THE THIRD
DISTRICT COURT OF APPEAL, CASE NO. 3D12-934; ALLOCATING FUNDS
FROM THE NON -DEPARTMENTAL ACCOUNT CODE NUMBER
00001.980000.531010.0000.00000
WHEREAS, The Painter, Inc. and the City of Miami, are engaged in litigation in the State of
Florida Circuit Court Case No.: 05-12967 CA 13 and in the State Court of Appeal Case No. 3D12-934,
concerning a contract to paint a city facility for which payment in full was not made by the City of
Miami; and
WHEREAS, on March 28, 2012, an Amended Final Judgment for attorney's fees and costs was
entered; and
WHEREAS, the City Attorney's Office filed and argued an appeal to the Third District Court of
Appeal of that judgment; and
WHEREAS, the Office of the City Attorney has determined that it is in the best interest of the
City of Miami to resolve all further claims against the City of Miami by paying the amount of
$170,936.71 including interest through November 26, 2012;
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 fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay The Painter, Inc. the total sum of
$170,936.71, in full satisfaction of all claims and judgments against the City of Miami, its agents,
officers and employees, in The Painter, Inc. vs. The City of Miami, pending in the Florida Circuit Court
Case No.: 05-12967 CA 13 and in the City of Miami vs. The Painter, Inc., pending in the Third District
Court of Appeal, Case No. 3D12-934, with funds allocated from the Non -Departmental Account
Number 00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami Page 1 of 2 File Id: 12-01260 (Version: 1) Printed On: 10/30/2012
File Number: 12-01260
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU at/ w1b
CITY ATTORNEY
Footnotes:
{1} 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: 12-01260 (Version: 1) Printed On: 10/30/2012