www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 28, 2014
January 28, 2014 - Regular Meeting
Agenda Item #10


Subject
Settlement Proposal In re: Manatee County v. URS Corporation Southern, Case No. 2012-CA-2451

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

James A. Minix, Chief Assistant County Attorney
Jo Ann Grace, Legal Assistant, Ext. 3750



Action Requested
Motion to approve Manatee County's Proposal for Settlement and Demand for Judgment between Manatee County and URS Corporation Southern and authorize the County Attorney's Office to execute the Proposal for Settlement.

Enabling/Regulating Authority
Sections 125.01 and 768.79, Florida Statutes.

Background Discussion

In April 2012, Manatee County filed its Complaint against URS Corporation Southern for failed work performed on the Lake Manatee Coffer Dam tainter gate project. In October 2012, Manatee County sent URS a Board approved settlement proposal for $2,660,000.00. That proposal was rejected by URS. In February 2013, URS sent Manatee County a counter proposal for $20,000.00 which was rejected. Manatee County now proposes a settlement to URS of $2,400,000.00 and requests Board approval of same. After a careful analysis of the County's claim for damages that would be considered by a jury, the County Attorney's Office believes that a $260,000.00 reduction in our settlement offer is justified and is more accurate than the County's prior offer. Recent analysis by counsel has reduced the County's contract for damages from $3.4 million to $3.1 million. If approved and accepted by URS, it will settle all claims,  including any future claims for attorneys fees in the pending lawsuit and the matter will be dismissed with prejudice. It is important to note that the $2.4 million would be paid to Manatee County by URS if the proposal is accepted. No funds will be paid out by Manatee County.

Staff and the County Attorney's Office recommend this proposal for settlement since (1) it will cover most, but not all, of the damages caused by the failure at Lake Manatee Dam, (2) it will entitle Manatee County to all of its reasonable attorney's fees and costs if a judgment is ultimately rendered for $3.1 million or more, and (3) this proposal may increase the probability of a reasonable settlement in the future.

 



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
See attached draft Settlement Proposal and Demand for Judgement.

Reviewing Attorney
Minix

Instructions to Board Records

Please return a copy of this approved agenda item with its attachments to joann.grace@mymanatee.org. Thank you.



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  notice and proposal settlement 2.pdf