Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO AUTHORIZE County Attorney’s Office (“CAO”) to take any and all legal actions deemed appropriate by the CAO to recover damages and obtain any other appropriate relief on behalf of Broward County in response to breaches by Waterline Systems, Inc., of its agreements with the County to provide an aluminum work boat and a commercial grade tour boat for the County’s Parks and Recreation Division.
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Why Action is Necessary
Board approval is required for the Office of the County Attorney to file a lawsuit.
What Action Accomplishes
Authorizes the commencement of legal action against potentially liable parties.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The Director of Purchasing awarded two contracts to Waterline Systems, Inc. (“Waterline Systems”), as a result of two hard bids.
The first contract, Broward County Contract No. TRN2124372B1, Commercial Grade Tour Boat, was awarded to Waterline Systems on July 15, 2022 (the “Tour Boat Contract”). The second contract, Broward County Contract No. TRN2125044B1, Aluminum Work Boat, was awarded to Waterline Systems on September 22, 2022 (the “Work Boat Contract”). First Amendments to both the Tour Boat Contract and the Work Boat Contract were executed on February 13, 2023, at the request of Waterline Systems, to allow for a construction deposit and milestone payments.
Despite several attempts by the Parks and Recreation Division’s staff to contact Waterline Systems for updates on the progress and delivery of the tour boat and the work boat, Waterline Systems provided no definitive delivery timeline. The County was notified for the first time on December 15, 2023, through a written communication from a law firm, that Waterline Systems will not be constructing or delivering either boat.
On January 5, 2024, the Director of Purchasing issued a Notice of Breach of Contract for both the Tour Boat Contract and the Work Boat Contract. In the notices, the Director of Purchasing demanded Waterline Systems correct the breaches or return the deposits issued for both boats, totaling $172,685.50, and return documents and drawings belonging to Broward County. The 15-day deadline provided by the Director of Purchasing has passed, and Waterline Systems has to date failed to correct the breaches or return the construction deposits and County documents.
If this item is approved, the County Attorney’s Office will, in consultation with the Parks and Recreation Division and the Purchasing Division, take appropriate legal action against Waterline Systems and any other responsible parties.
Source of Additional Information
René D. Harrod, Chief Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
All legal work will be performed by the County Attorney’s Office within existing resources. Litigation out-of-pocket costs (filing fees, deposition costs, expert fees, etc.) are currently estimated at $10,000.