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Resolution: R-16-0277
File Number: 16-00766
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/9/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF EIGHT
HUNDRED FIFTY THOUSAND DOLLARS ($850,000.00) FROM JACOBS
ENGINEERING GROUP INC., IN FULL SETTLEMENT OF ALL CLAIMS AND
DEMANDS FOR THE CASE OF CITY OF MIAMI V. JACOBS ENGINEERING
GROUP INC., CASE NO. 14-24909, BEFORE THE UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT OF FLORIDA, PURSUANT TO THE TERMS OF A
SETTLEMENT AGREEMENT AND RELEASE; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE, AND ALL
NECESSARY DOCUMENTS, IN A FORM TO BE ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, Jacobs Engineering Group Inc. ("Jacobs"), through its predecessors in interest,
entered into a contract to design, engineer and provide construction administration services for the
seawall alongside Bicentennial Park; and
WHEREAS, during late October 2011, the northern portion of that seawall experienced a
significant deflection of the seawall; and
WHEREAS, Jacobs disputed that it was responsible for the deflection and the City of Miami
("City") sued Jacobs in the Eleventh Judicial Circuit in and for Miami -Dade County for negligence and
breach of contract; and
WHEREAS, Jacobs removed the lawsuit from state court to federal court and contested that it
was responsible to reimburse the City for any work done to address the issues raised in the
complaint; and
WHEREAS, the City and Jacobs have agreed to settle all claims provided that Jacobs pays the
City $850,000.00 and the parties exchange mutual releases of all claims arising from or relating to the
lawsuit; and
WHEREAS, the Office of the City Attorney has investigated this claim, prosecuted this lawsuit,
and recommends that said claim and lawsuit be settled for the sum of $850,000.00;
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 Eight Hundred Fifty Thousand Dollars
City of Miand Page 1 of 2 File Id. 16-00766 (Version: 1) Printed On: 5/9/2018
File Number: 16-00766
Enactment Number: R-16-0277
($850,000.00) from Jacobs, in full settlement of all claims and demands for the case of City of Miami
v. Jacobs Engineering Group Inc., Case No. 14-24909, before the United States District Court,
Southern District of Florida, pursuant to the terms of a Settlement Agreement and Release, is
accepted.
Section 3. The City Manager is authorized {1 } to execute a Settlement Agreement and
Release, and all necessary documents, in a form acceptable to the City Attorney, to effectuate the
Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {2}
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 File Id. 16-00766 (Version: 1) Panted On: 5/9/2018