Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 21, 2014
October 21, 2014 - Regular Meeting
Agenda Item #10

DeLesline Construction v. Manatee County; 2013-CA-5017-Settlement Proposal

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 reject DeLesline Construction, Inc.'s $23,000.00 proposal for settlement.

Enabling/Regulating Authority
Sections 125.01 and 768.28, Florida Statutes.

Background Discussion

DeLesline Construction, Inc., and Manatee County have been in litigation since 2012 concerning this matter. In 2012, the Purchasing Official denied DeLesline certain change orders for work at the Lincoln Park Splash Pad and Restroom Pavilion. DeLesline requested an administrative hearing, which was granted, and at which subsequently was awarded $18,230.00 in the Hearing Officer's Recommended Order dated July 6, 2012. On October 9, 2012, the Board of County Commissioners modified the Hearing Officer's findings of fact and awarded the Plaintiffs an additional $6,715.39 for a total award to DeLesline of $24,945.41.

On August 6, 2013, DeLesline Construction, Inc., filed a lawsuit against the County (2013-CA-5017) alleging that it was denied the opportunity to speak at the October 9, 2012, commission meeting and thus was denied due process rights. Also in the Complaint, the plaintiff re-alleges breach of contract by Manatee County and requests relief for damages totaling $49,916.19.  This matter has since been specially set on the February  2015 trial docket. Manatee County proposed a settlement offer of $5,000.00 which the plaintiff denied and presented a counter offer of $23,00.00 to be paid by Manatee County.

The County Attorney's Office recommends that the $23,000.00 proposal presented by Plaintiff be rejected.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
See attached Proposal for Settlement from DeLesline Construction.

Reviewing Attorney

Instructions to Board Records
Please return a complete and fully approved electronic copy of this agenda item to joann.grace@mymanatee.org.
Thank you.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  23kProposal.pdf