Broward County Commission Regular Meeting


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AI-27271 19.       
Meeting Date: 08/14/2018  
Director's Name: Thomas Hutka
Department: Public Works Division: Water & Wastewater Administration

Information
Requested Action
MOTION TO APPROVE Settlement Agreement between Broward County and Miller, Legg & Associates, Inc. relating to the County Auditor Report No. 16-2 Review of Hourly Billing Rates for North County Neighborhood Improvement Project SW Quadrant, Bid Package 12, in the amount of $48,000 paid over 48 months in equal installments of $1,000 per month and a credit of $25,000 to be credited by Miller, Legg & Associates, Inc. on a future County contract billing, and authorize Mayor and Clerk to execute same. (Commission District 4)

ACTION:  (T-10:33 AM)  Approved.

 
VOTE: 9-0.
Why Action is Necessary
Board of County Commissioners’ approval is required pursuant to Broward County Code of Ordinances, Section 1-51.3(E) (2) to settle claims in excess of $50,000.
What Action Accomplishes
Settles and recovers a negotiated portion of the hourly rates as cited in the County Auditor Report No. 16-2.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
PUBLIC WORKS DEPARTMENT/WATER AND WASTEWATER SERVICES RECOMMENDS APPROVAL.

On February 6, 2007 (Item No. 9), the Board of County Commissioners approved the award of a design consultant contract to Miller, Legg & Associates, Inc. (MLA) RLI No. 20060110-2-EED-1 for the North County Neighborhood Improvement Project, SW Quadrant.

On May 24, 2016 (Item No. 47), the Board approved the motion to file and motion to adopt Auditor's recommendations for the County Auditor Report No. 16-2, "Review of Hourly Billing Rates - Miller, Legg & Associates, Inc. North County Neighborhood Improvement Project SW Quadrant & Bid Package 12" (Exhibit 1). Additionally, the Board encouraged negotiation between the parties prior to coming before the County Commission.

Water & Wastewater Services staff, the County Attorney's Office and the County Auditor's Office negotiated a settlement agreement whereas MLA will pay the County $48,000 in 48 monthly installments of $1,000 each (Exhibit 2). Additionally, MLA will issue the County a credit of $25,000 against a future consultant billing of MLA on either a current or future contract. 

Water & Wastewater Services staff, the Office of the County Attorney and the Office of the County Auditor concur that the settlement is fair and equitable and is in the best interest of the County based on financial statements provided by MLA.
Source of Additional Information
Alan Garcia, P.E., Director of Water and Wastewater Services, (954) 831-0704
Thomas Hutka, P.E., Director, Public Works Department, (954) 357-6410

Fiscal Impact
Fiscal Impact/Cost Summary:
The $73,000 in revenue from the terms of this settlement agreement will be deposited into Account 44100-67101010-473025.
Attachments
Exhibit 1 - County Auditor Report No. 16-2
Exhibit 2 - Settlement Agreemeent between MLA and Broward County


    

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