Broward County Commission Regular Meeting


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AI-24694 15.       
Meeting Date: 06/06/2017  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Information
Requested Action
MOTION TO APPROVE settlement providing for payment of $14,881 to Broward County, including costs and attorney's fees, and to authorize the County Administrator to execute applicable settlement documents in the case of Broward County v. FPL Fibernet, LLC, n/k/a Fibernet Direct-Florida, LLC, 17th Judicial Circuit Court Case No. 16-004959.03.

ACTION:  (T-10:28 AM)  Approved.
 
VOTE: 8-0.  Commissioner LaMarca was not present.
Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On March 22, 2012, the County sustained damage to its underground fiber optic cable lines located on State Road 7 between NW 15th Street and NW 19th Street in Margate, Florida, as a result of a private contractor's excavation (the "project site"). The County paid Horsepower Electric $19,841.50 to repair the damage. The March 22, 2012 excavation stemmed from a utility permit that the Florida Department of Transportation issued to FPL Fibernet, LLC, n/k/a Fibernet Direct-Florida, LLC ("Fibernet"), for the installation of Fibernet's own underground cable lines at the project site. Fibernet's subcontractor, Florida Sol Systems, Inc. ("Florida Sol"), contracted with K & S Underground Experts to excavate the project site on March 22, 2012. 

There are factual disputes concerning the depreciation of the County's cable lines, and whether the project site was properly marked prior to the excavation. Through informal negotiations, Florida Sol's insured, CNA Financial Corporation, has agreed to pay the County $14,881.13, subject to Board approval. Risk Management Division and Traffic Engineering Division concur with and recommend approval of this settlement.
Source of Additional Information
Anthony C. Halmon, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Not applicable, as the County is recovering funds in this settlement.
Attachments
No file(s) attached.


    

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