HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00329 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE DIRECTOR OF FINANCE TO PAYACOSTATRACTORS, INC.,
THE TOTAL SUM OF $300,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF
MIAMI ("CITY"), IN THE CASE OF ACOSTA TRACTORS, INC. V. THE CITY OF
MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY,
CASE NO. 14-07603 CA 40, UPON THE DISMISSAL OF THE CITY WITH
PREJUDICE, ADOPTING THE PARTIES' MEDIATED SETTLEMENT AGREEMENT,
AND AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS TO
PRESERVE THE CITY'S RIGHT TO INDEMNITY AGAINST THIRD PARTIES; WITH
SETTLEMENT FUNDS ALLOCATED FROM ACCOUNT NO. 50001.301001.545013.
WHEREAS, Acosta Tractors, Inc. filed claims and a lawsuit against the City of Miami ("City") in the
Circuit Court in and for Miami -Dade County, Case No. 14-07603 CA 40, arising from the Palm Grove
Roadway Improvements project no. B-30630; and
WHEREAS, the City, through the City Attorney's Office, entered into a mediated settlement
agreement subject to the final approval of the City Commission; and
WHEREAS, the City Attorney's Office has investigated the claims and lawsuit, and recommends
that said claims and lawsuit be settled for the sum of $300,000.00, and seeks authorization to take any
and all necessary actions, including the filing of a lawsuit, to preserve its right to indemnity against
third parties;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 hereby authorized to pay the total sum of $300,000.00 to
Acosta Tractors, Inc., in full and complete settlement of any and all claims and demands against the
City, in the case of Acosta Tractors, Inc. v. City of Miami, pending in the Circuit Court in and for
Miami -Dade County, Case No. 14-07603 CA 40, adopting the parties' mediated settlement agreement,
and authorizing the City Attorney's Office to take any and all actions, including the filing of a lawsuit,
necessary to preserve its right to indemnity against third parties, with settlement funds allocated from
Account No. 50001.301001.545013.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page I of 2 File Id: 15-00329 (Version: 1) Printed On: 3/30/2015
File Number: 15-00329
APPROVED AS TO FORM AND CORRECTNESS:
VICTOR! MENDEZ C,G--"
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
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: 15-00329 (Version: 1) Printed On: 3/30/2015