A resolution authorizing the Director of Law to enter into an agreement accepting $70,000 in compromise and settlement of the Metropolitan Government's claim against Federal Insurance Company.

Whereas, MCI Worldcom Network Services, Inc. posted a bond issued by Federal Insurance Company to permit it to complete its project of laying fiber optic cable in the Metropolitan Government's right-of-way along Fairfield Avenue in 2001; and

Whereas, MCI Worldcom Network Services, Inc. objected to the ADA Policy of the Metropolitan Government requiring the placement of sidewalks, ramps, and crosswalks in locations where work was performed; and

Whereas, MCI Worldcom Network Services Inc. failed to meet its obligations pursuant to the ADA Policy and the bond; and

Whereas, the Metropolitan Government brought a claim against the bond to recover the costs associated with constructing compliant sidewalks, ramps, and crosswalks; and

Whereas, after investigation, the Department of Law believes that the settlement is fair and reasonable, and recommends that the claim be compromised and settled in the amount of $70,000 and that these funds be deposited into the appropriate fund and account as determined by the Department of Finance.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1: The Director of Law is authorized to enter into the attached Settlement Agreement and accept the amount of $70,000 in compromise and settlement of the Metropolitan Government's claim against the bond issued by Franklin Insurance Company.

Section 2: This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Rip Ryman

Attachment(s) on file in the Metropolitan Clerk's Office

Amendment No. 1
to
Resolution No. RS2006-1641

Mr. President:

I move to amend Resolution No. RS2006-1641 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

"Section 1: The Director of Law is authorized to enter into the attached Settlement Agreement and accept the amount of $70,000 in compromise and settlement of the Metropolitan Government's claim against the bond issued by Federal Insurance Company."

Sponsored by: Rip Ryman

LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee
Introduced:	November 21, 2006
Amended:	November 21, 2006
Adopted:	November 21, 2006
Approved:	November 22, 2006
By: