|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 28, 2014|
Agenda Item #10
Settlement Proposal In re: Manatee County v. URS Corporation Southern, Case No. 2012-CA-2451
Briefing Provided Upon Request
Contact and/or Presenter Information
James A. Minix, Chief Assistant County Attorney
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.
Sections 125.01 and 768.79, Florida Statutes.
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.
Instructions to Board Records
Please return a copy of this approved agenda item with its attachments to email@example.com. Thank you.
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: notice and proposal settlement 2.pdf