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CASSELBERRY CITY COMMISSION Minutes of November 14,2011 — Regular Meeting Page 10 of 23 H. Resolution 11-2325— Southland Construction Group, Inc. Settlement Agreement and Associated Budget Amendment #11 -062 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BETWEEN SOUTHLAND CONSTRUCTION GROUP, INC., AND THE CITY OF CASSELBERRY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Introduction: Resolution I 1 -2325 authorizes execution of a Settlement Agreement in the amount of $15,000 with Southland Construction Group. Consideration of associated Budget Amendment #11 -062 is also requested. Budget Impact: The settlement represents unpaid costs to complete the U.S. 17 -92 medianproject originally awarded to Garden World. The costs will be recognized in the Tree Fund where the project was originally budgeted. Budget Amendment # 11 -062 provides for funding in account 115- 0720 - 541.46 -15. BA #11-062: Explanation of Request: This item seeks City Commission approval to provide funding for a Settlement Agreement in the amount of $15,000 with Southland Construction Group, Inc. A lawsuit for nonpayment of funds was filed against the City by Southland Construction Group, Inc., a subcontractor for Garden World. Garden World of Holiday filed for bankruptcy with amounts owed to subcontractors. Southland claims that the amount of $38,661 is owed to it by the City based on the contract with Garden World and received $13,668.22 as its share of remaining contract funds interpled into the Court registry by the City. This amendment is for the amount settled upon between the City of Casselberry and Southland Construction Group, releasing the City of any future obligations agreed upon in Resolution 11 -2325. Account Number Account Description Amount Increase: 115- 0720 - 541.46 -15 Tree Replacement $15,000 115-0000-389.90-00 Other Non - Operating Sources $15,000 Recommendation: The City Manager and the City Attorney recommended approval of Resolution 11 -2325 and associated Budget Amendment #11 -062. Resolution 11 -2326 — Amended FY 2011 Foul•th Quarter Budget Amendment "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING THE ANNUAL OPERATING BUDGET FOR THE CITY OF CASSELBERRY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2011; PROVIDING FOR AN EFFECTIVE DATE." Introduction: Resolution 11 -2326 formally adopts an amended Fourth Quarter Budget Amendment summary for FY 2011.