HomeMy WebLinkAboutR-20-0066City of Miami
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3500 Pan American Drive
ResolutionR-20-0066
Miami, FL 33133
www.miamigov.com
Legislation
File Number:7153Final Action Date:3/12/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING PAYMENT
TO THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) FROM CONSUL-TECH
TRANSPORTATION, INC. IN FULL SETTLEMENT OF ALL CLAIMS AND
DEMANDS IN THE CASE OF CITY OF MIAMI V. CONSUL-TECH
TRANSPORTATION, INC., CASE NO. 17-29978 CA 01, PENDING BEFORE
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF A
SETTLEMENT AGREEMENT AND RELEASE ("AGREEMENT"); AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY AND ALL
OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, Consul-Tech Transportation, Inc. ("Consul-Tech") entered into a contract
ththth
from N.E. 58Street to N.E.79Street between Biscayne Boulevard and N.E.4Court; and
WHEREAS, Acosta Tractor, Inc. ("Acosta") entered into a contract with the City to serve
as general contractor for the Project;and
WHEREAS, the Project had numerous delays in the substantial completion due to the
defective work of Consul-Tech; and
claiming that the City was responsible for the purported delays;and
WHEREAS, the City tendered the defense of the Acosta Lawsuit to Consul-Tech
pursuant to the indemnification clause within the Consul-Techcontract; and
WHEREAS, Consul-
the Acosta Lawsuit; and
WHEREAS, the City filed a lawsuit against Consul-Tech in the Eleventh Judicial Circuit
in and for Miami-
2017 seeking damages for Consul-the City in the Acosta
Lawsuit; and
WHEREAS, the City and Consul-
Lawsuit provided that Consul-Tech pays the City $100,000.00 and the parties exchange mutual
City of MiamiPage 1of 2File ID: 7153 (Revision: ) Printed On:5/1/2025
File ID: 7153Enactment Number:R-20-0066
WHEREAS, the City Attorney's Office has investigated the claims and pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended,
recommends that said claim and lawsuit be settled for the total sum of one hundred thousand
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 is fully set forth in this Section.
Section 2. Payment to the City in the amount of $100,000.00 from Consul-Tech in full
settlement of all claims and demands in the case of City of Miami v. Consul-Tech
Transportation, Inc., Case No. 17-29978 CA 01, pending before the Circuit Court of the
Eleventh Judicial Circuit in and for Miami-Dade County, Florida, pursuant to the terms of a
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Section 3. The City Manager is authorizedto execute the Agreement and any and all
other necessary documents, all in a form acceptable to the City Attorney, to effectuate the
settlement.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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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.
City of MiamiPage 2of 2File ID: 7153 (Revision: ) Printed on:5/1/2025