Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE Settlement Agreement attached as Exhibit 1 by and among Broward County, Jones Benitez Corporation, and Lexon Insurance Company, including costs and attorneys’ fees, in the case titled Jones Benitez Corporation v. Broward County, et al., Case No. CACE-23-015099; and to authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
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Previous Action Taken
Summary Explanation/Background
The County and Jones Benitez Corporation (“JBC”) entered into a contract for JBC to construct three camping cabins and to perform site work at Quiet Waters Park (the “Project”). In early 2023 the County terminated the contract for cause. On June 28, 2023, JBC asserted claims for breach of contract and wrongful termination. The County denied JBC’s allegations and filed a counterclaim against JBC primarily asserting that JBC breached the contract. The County also sued Lexon Insurance Company (“Surety”) asserting a claim against the performance bond issued by the Surety to secure the performance of JBC.
JBC and the Surety have agreed to pay the County $449,433.71 in full settlement, with the County converting JBC’s termination for cause to a termination for convenience, and the County, JBC, and the Surety exchanging mutual releases of all claims involving the County and relating to or arising out of the Project.
The Parks and Recreation Division and the County Attorney’s Office recommend approval of this motion. The basis for this recommendation will be discussed during upcoming agenda briefings.
Source of Additional Information
Michael J. Kerr, Chief Counsel, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The County will receive a $449,433.71 settlement payment from the Surety and/or JBC.