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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASES BY, BETWEEN, AND AMONG THE CITY OF POMPANO BEACH, PRINCE CONTRACTING, LLC, SICE, INC. AND ARC ELECTRIC, INC. REGARDING THAT CERTAIN SEWER BREACH WHICH OCCURRED ON JANUARY 4, 2019; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: Revenue $2,400,000.00)
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(Staff Contact: Mark E. Berman)
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Summary Explanation/Background:
As described in the attached Memorandum of Support, this matter seeks approval by the City Commission of a proposed final settlement by the City for its damages incurred consisting of its costs from the January 4, 2019, sewer beach caused during FDOT’s I-95 Expansion project. The matter has been negotiated and mediated several times over the past year and has involved the City Attorney and the City’s outside expert counsel, the main Contractor, their two subcontractors, and with their insurance carriers and excess insurance carriers, in the process. The current settlement proposal of $2.4 million dollars compensates the City for the majority of its funds expended for costs in this matter and for the reasons described in the attached Memorandum, both the City Attorney and outside expert counsel strongly recommend settlement of this cause for such amount and believe same to be in the City’s best interest.
Origin of request for this action: Mark E. Berman
Fiscal impact and source of funding: $2,400,000.00 in settlement claim proceeds to be deposited into the Utility Fund.
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