HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: October 12, 2017
RE: Proposed Settlement for City Commission Meeting — October 12, 2017
Envirotech Roofing and Construction, Inc. vs. City of Miami
Miami -Dade Circuit Court Case No.: 16-17878 CA 04
File No.: 2941
The attached proposed Resolution seeks authorization for settlement of all
claims for alleged against the City of Miami in the above -referenced case, in the amount
of $34,500.00.
This is action was brought by the attorney Arlenys Casanova, Esq., of Casanova
& Kucera, PLLC, on behalf of by Envirotech Roofing and Construction, Inc., for breach
of contract.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of $34,500.00
are available from Account No. 00001.980000.531010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management Budget
Anna Medina, Agenda Coordinator
VM/BLM/CG
City of Miami
Legislation
Resolution
Enactment Number: R-17-0482
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2941 Final Action Date:10/12/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO ENVIROTECH ROOFING AND CONSTRUCTION, INC.
("ENVIROTECH") THE TOTAL SUM OF THIRTY-FOUR THOUSAND FIVE HUNDRED
DOLLARS ($34,500.00) IN FULL SETTLEMENT OF ALL CLAIMS ALLEGED AGAINST
THE CITY OF MIAMI ("CITY") IN THE CASE OF ENVIROTECH ROOFING AND
CONSTRUCTION, INC. VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN
AND FOR MIAMI-DADE COUNTY, CASE NO. 16-17878 CA 04, WITHOUT
ADMISSION OF LIABILITY, UPON EXECUTING A RELEASE, SETTLEMENT, HOLD
HARMLESS, AND INDEMNIFICATION AGREEMENT OF THE CITY, ITS PRESENT
AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL
CLAIMS AND DEMANDS ARISING IN AND FROM THE WORK PERFORMED BY
ENVIROTECH TO FIRE STATION NO.1; FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE REVISIONS AND NON -SUBSTANTIVE AMENDMENTS TO
SUCH RELEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED
FOR SAID PURPOSE; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, Envirotech Roofing and Construction, Inc. ("Envirotech") has alleged a
breach of contract claim against the City of Miami ("City") related to work it performed pursuant
to Purchase Order No. 1202002 for roof repairs and/or replacement to Fire Station No.1, located
at 144 Northeast 5th Street, Miami, Florida ("Fire Station No.1"); and
WHEREAS, the Office of the City Attorney has investigated these claims and
recommends settlement of all claims alleged against the City, without admission of liability, in
the case of Envirotech Roofing and Construction, Inc. vs. City of Miami, pending in the Circuit
Court in and for Miami -Dade County, Case No. 16-17878 CA 04, for the total sum of thirty-four
thousand five hundred dollars ($34,500.00), upon executing a release, settlement, hold
harmless, and indemnification agreement of the City, its present and former officers, agents,
and employees, from any and all claims and demands arising in and from the work performed
by Envirotech to Fire Station No.1, with funds to be allocated from Account No.
00001.980000.531010.0000.00000; and
WHEREAS, the City and Envirotech have agreed to resolve, compromise, and settle all
the above -mentioned disputes, claims, and controversies between them;
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 to Envirotech the total sum of
thirty-four thousand five hundred dollars ($34,500.00) in full settlement of all claims alleged
against the City in the case of Envirotech Roofing and Construction, Inc. vs. City of Miami,
pending in the Circuit Court in and for Miami -Dade County, Case No. 16-17878 CA 04, without
admission of liability, upon executing a release, settlement, hold harmless, and indemnification
agreement of the City, its present and former officers, agents, and employees, from any and all
claims and demands arising in and from the work performed by Envirotech to Fire Station No.1.
Section 3. Funds are to be allocated from Account No.
00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey 10/2/2017
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 City Code
provisions.
2 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.