HomeMy Public PortalAbout16-9257 Brown Law Group to Defend the City against The United States Assoc of CDC Case #2016-024089 Sponsored by: The City Attorney's Office
RESOLUTION NO. 16-9257
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY ATTORNEY (THE BROWN LAW GROUP, LLC) TO
DEFEND THE CITY IN THE UNITED STATES ASSOC. OF
CDC, INC. VS. CITY OF OPA-LOCKA, FLORIDA (CASE
NUMBER: 2016-024089 CA-01) LAWSUIT (EXHIBIT "A");
INVOLVING A BREACH OF CONTRACT AND UNJUST
ENRICHMENT CLAIM; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has been named as a defendant in the United States
Assoc. of CDC, Inc. vs. The City of Opa-Locka (Case No.: 2016-024089 CA-01)
lawsuit (EXHIBIT "A"); and
WHEREAS, The City must defend itself against the allegations contained
within the lawsuit; and
WHEREAS, The City Commission believes that it is in the best interest of the
City to authorize the City Attorney (The Brown Law Group, LLC) to represent the
City in defense of the United States Assoc. of CDC, Inc. vs. The City of Opa-Locka
(Case No.: 2016-024089 CA-01) lawsuit (EXHIBIT "A"), including reaching settlement
terms, if possible.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Attorney (The Brown Law Group, LLC) is hereby
authorized to commence defense on behalf of the City in the United State
Assoc. of CDC , Inc. vs. City of Opa-Locka, Florida (Case No.: 2016-024089
CA-01) lawsuit (EXHIBIT "A").
Resolution No. 16-9257
Section 3. This resolution shall take effect immediately upon adoption; and
subject to the approval of the State of Florida Financial Oversight Board for the City
of Opa-locka, Florida.
PASSED AND ADOPTED this 12th day of October, 2016.
I
/
„ter
yra L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
Jo0 a Flores Vincent T. Brown, Esq.
City Clerk The Brown Law Group, LLC
City Attorney
Moved by: VICE MAYOR HOLMES
Seconded by: COMMISSIONER SANTIAGO
Commissioner Vote: 5-0
Commissioner Kelley: YES
Commissioner Riley: YES
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: YES
printing aocument rage i ut r.
Filing#46816088 E-Filed 09/22/2016 04:56:49 PM
?01a CT:T H IC: 53
IN THE CIRCUIT'atilitiN424131.Oa A
MIAMI-DADE COUNT
UNITED STATES ASSOC.OF CDC,INC.
a Florida Corporation
GENERAL JURISDICTION DIVISION
Plaintiffs,
Case No: 2016 024089 CA 01
vs.
CITY OF OPA LOCKA,aFlorida C /°
(e C f
Municipal Corporation r le
Defendants 1 n n 1)°`
iDG I
SUMMONS V l 0 I
THE STATE OF FLORIDA: �/ �,..
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the amended complaLt in this
lawsuit on defendant CITY OF OPA LOCKA,Attn:Ms.Joana Flores,City Clerk and Mayor
Myra Taylor at 780 Fisherman Street,4d'Floor,Opa Locka,Florida 33054
DATED on September_,2016
CLERK OF THE 912912016 COURT
(SEAL)
HARVEY RUVIN
As Clerk of the Court
l t ��op,A,•rr-
,,, ,} .. km 309876
By
As Deputy Clerk
IMPORTANT
A lawsuit tas been filed nabs*you,You lam 20 colendrtr days after this summons is served on you to file*written
response to the attached complaint with the clerk of this court A phone call will not protect you.Your written response,
including the case number given above and the names of the panics.must be tiled if you want the court to hear your
side of the awe.Wyatt do not file your response on time.you may lose the case,and your wages,money.and property
may thereafter be taken without further wanting from the corm,There are other legal regttiremems.You may wart to
call an wormy right away.If you do not know an attorney.you may cal an attorney referral service or a legal aid
ofliec(listed in the phone book)
Page 1 of 2
• ,. .. • • . • . •
prmtmg document rage i o1 z
If you choose to file a written response yourself,at the mute time you file your written response to the court you
must also moil or rake a copy of your written response to the-Plaintiff/Plaintiff's Attorney"named below.
IMPORTANft
Used la sido demanded*legulmentu.Thue 20 dins,contados a pair del neclbo de cm uotificacion.punt con testar
la dcmanda tuljmda,por cscrilo.y prescatarb ante este tribunal.Una Ramada teleronIcs era to pmlegcm Si usted doses
quo el tribunal considcm su defcnsa,dcbc presenter su respuesta par escaito,inaluyendo ci mimeos del caso y los
numb=de las pates lateesadas. Si usied no contests la demands a tiatrpa.pudiese perder el case y podria see
des pojado de sus ingrssos y propicdadcs,o priv:rdo do ms dcrechas.sin pstaio:wise del tribunal_Easter'afros
toquisitos legates.Si to doseu,puede rsted consultors on abogado ism edialamcme.Si no eon=a on abogado.puede
itamar a um do las orbitals de asistencia legal quo aparceen en In pia telefonica.
Si dam respondera In demands per su cec na,at missmo tiempo en quo pesema su respoesta arse el tribunal,debeta
usled tinier por correo o crdregar um copla de so r spuesut a In persona denotruttada abtJo comp-Plaintiff/Plaintiff's
Auome(Dermedanlc o Ahogado del Dcnun anie).
11NPORTANT
Des poursedtcs judiciares ant eta entreprises corure►vats. VOUS ay=20 jams consecutifs a putir de la date de
I'assigaulon de cone citation pour deposer note reponse eerie a In plaints cl jointe aupras de ce trdtulmi.Un simple
coup de telephone est instal-maul pour►ous protegee.Vous ctcs obliges de deposer Notre reponse=db.aree mafiosi
du numem de dossier el-dessus et du nom des parties nommees ict.$i urns souhaitez qua le tribunal enterde%otre
cause.Si►ions ae deposes pas%nu a reponse cerito dans lc rclal fermis,vows risgnez de peruse In anise airsi quo roue
orbit;tome argent,et vos biers pcovent core sus part mate,sans amen presnls ulttaieurdu tribunal.It y a Courses
obligmioas juridiqucs et►onus ponvez tequcrir lcs services irrmncdiats dun anneal_Si eons NC corn aissea pas d'amaatt,
►vas pourriez telephoner a un service de ruler ace d'atvcats ou a un bureau d`assistamz juddique(figurart a
I'anmmire de tcleplwnes).
Si►omz cholsissoz de deposer vous-memo one reponse=he,11 taus faudm egatemert.en memo temps qua cede
forttrdite.faire ptr^cdr on expedicr lade topic de votro reponse write au"Plaintiff/Plabuiff's Attmry"(Plaignant
ou a son moat)immure ci.dcssous.
/S!ALEX DEHOHANI.ESQ.
Alex Debghani.Esq.
Money for Plaintiff
6625 Miami Lakes Drive.Suite 350
bfmmi Lakes.FL 33014
Florida Bar No.0034216
Page 2 of 2
• • • • • • • . /••• TTY f - MIP.e• •1/.a•w Cs.T e7.1T • AI e•• .'.In e.Ir.I.1 e
• IN THE CIRCUIT COURT,IN AND FOR
MIAMI-DADE COUNTY,FLORIDA
UNITED STATES ASSOC. OF CDC,INC.
a Florida Corporation
GENERAL JURISDICTION DIVISION
Plaintiffs,
Case No:
vs.
CITY OF OPA LOCKA,a Florida
Municipal Corporation
Defendants I
COMPLAINT
Plaintiff UNITED STATES ASSOC.OF CDC, INC.a Florida Corporation(herein
"Plaintiff'),by and through undersigned counsel,hereby sues Defendant CITY OF OPA
LOCKA,a Florida Municipal Corporation. (herein"Defendant")and alleges as follows:
JURISDICTION,PARTIES AND VENUE
1. This is an action for breach of contract,recovery of monies paid,and a claim in
equity,with damages exceeding fifteen thousand($15,000.00)dollars within the jurisdiction of
this court under F.S. 34.01(11(c).
2. Venue is proper under F.S.47.011 given the Defendant is a Florida Municipal
Corporation,which is registered and conducting business in Miami-Dade County.All the facts
which formulate the basis of this cause of action accrued in Miami-Dade County.
3. Plaintiff is a Florida Corporation,authorized to do business in the State of Florida.
4. The Defendant is a duly registered municipal corporation authorized to perform
municipal duties under the Florida Constitution.
5. The Plaintiff is licensed to perform construction work.
6. The Defendant was in desperate need of construction and maintenance of"lift
stations'in the city of Opa.Locka which were necessary for water usage,rest facilities,showers,
and ordinary sanitary needs.
1 of 4
7. As a condition to gaining approval to build a 48-unit apartment complex called
"Opa Lakes Development",the lift station was to be built.
8. On or about June 12,2015 the Defendant and the Plaintiff entered into a contract
to construct an appropriate"lift station"where Defendant would pay Plaintiff the sum of
$450,000.00(herein"Contract").Please See Agreement for Wastewater Infrastructure
Improvement "Pump Station 5"between The City of Opa Locka, Florida and United States
Association of CDC, Inc. attached and incorporated herein as Exhibit "A".
9. On or about May 22,2014,the City's Engineer and Public Works&Building
Director, Mr. Maqsood Mohammad Nasir authorized a change order consistent with Exhibit-A
mandating a payment to the Plaintiff of an additional necessary sum of$272,602.14. (herein
"Change Order")Please See Approved Change Order Invoice#I42205,attached and
incorporated herein as Exhibit`B".
10. The Defendant and its residents have received the full benefit from the completed
lift station.The work required per the Change Order was completed to the satisfaction of the
Defendant.
11. All conditions precedent to bringing this action have been satisfied.In an effort to
avoid needless litigation,a corresponding notice of breach was conveyed to the Defendant
pursuant to the Contract and in an effort to avoid needless litigation in good faith.
COUNT I
BREACH OF CONTRACT
The allegations of paragraphs 1 through 11 of this complaint are hereby realleged
and incorporated herein by the Plaintiff and Corporate Plaintiff,as though fully set forth hac
verba.
12. Plaintiff seeks the balance due on the Contract and approved change order invoice
in the total amount of$322,602.14,plus interest,liquidated and punitive damages.
13. The Defendant materially breached the terms of the Contract by failing to honor
the corresponding change order despite its approval.
2 of 4
14. The Defendant has failed to provide any clear or logical reason for its failure to
abide by the terms of the Contract.Plaintiff has been damaged as a result.
WHEREFORE,Plaintiff prays for the judgment of this Court against the Defendants as
follows: Plaintiff seeks actual damages,compensatory damages as well as any and all other
damages,available to the Plaintiff including,but not limited to foreseeable, expectionary and
punitive damages,as well as attorney's fees,costs,and any other relief the Court deems
appropriate;
COUNT II
UNJUST ENRICHMENT
The allegations of paragraphs 1 through 11 of this complaint are hereby realleged
and incorporated herein by the Plaintiff,as though fully set forth bac verbs.
15. Plaintiff hereby alleges Count II for restitution in the alternative based on the
theory of unjust enrichment which is within this Court's equity jurisdiction.
16. Plaintiff does not owe and is in no way indebted to the Defendant
17. Plaintiff has conferred a benefit by completing the lift station to the satisfaction
and enrichment of the Defendant and its residents.
18. The Defendant,has knowledge of this benefit,and voluntarily accepted the
benefit conferred and continues to retain the benefit conferred by this completed lift station.
19. To date,and despite appropriate demands,Plaintiff has not been compensated for
the benefit and enrichment which it conferred onto the Defendant and its residents.
20. The circumstances are such that it would be inequitable for the Defendant to
retain the benefit of the completed lift station without paying monies owed to the Plaintiff.
21. The Defendant would be unjustly and inequitably benefited if it were not forced
to pay the Plaintiff the damages described herein for which the Defendant continues to be
unjustly enriched.
3 of 4
WHEREFORE,Plaintiff prays for the judgment against the Defendant in such an amount
as to avoid injustice,for damages,costs, interest,and such other relief as the Court deems just
and equitable.
Dated: September 15,2016.
Respectfully submitted,
DEHGHANI LAW,PA.
For the Plaintiffs
6625 Miami Lakes Drive, Suite 350
Miami Lakes,Florida 33014
Tel:(786)264-5278
Fax:(786)264-5
Eservice:se i,:rpa com
• By: /
Alex ' -hgh• i,E .
FBN: 1 03421.
4of4
THE GREAT MTV/t
dastr4A(.44?Yalillt' IRA
,ti r
•
AGREEMENT FOR WASTEWATER INFRASTRUCTURE
IMPROVEMENT
"PUMP STATION 5"
BETWEEN
THE CITY OF OPA-LOCKA, FLORIDA
AND
UNITED STATES ASSOCIATION OF CDC,INC.
C 1
Pump Station 5
THIS AGREEMENT, made and entered into at the City of Opa-locka, Florida, this day of
2012, by and between the City of Opa-locka, a political subdivision of the State of Florida,
hereinafter described as the "CITY", whose mailing address is: 780 Fisherman Street, 4th Floor,
Opa-locka, Florida 33054 and United States Association of CDC, Inc., a Florida corporation,
hereinafter described as "USA CDC", whose mailing address is: 1150 Wilshire Circle West,Pembroke
Pines,Florida 33027.
WITNESSETH:
WHEREAS, USA CDC desires water and sewer service to be rendered to certain property owned by USA
CDC,and
WHERE AS, the "CITY", operates the water and sewage systems owned by the CITY;
WHEREAS,the CITY has a plan for making upgrades to its current water and sewage system;and
WHEREAS, USA CDC desires that water and sewage system service be delivered more quickly to USA CDC
than the CITY's current plan would allow.
NOW, THEREFORE,in consideration of the mutual covenants entered into between the parties hereto to
be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is
covenanted and agreed to as follows:
I. USA CDC'S PROPERTY: USA CDC owns a certain tract of land in Opa-locka,Florida,which is legally
described in Exhibit "A"attached hereto and may be described herein as the "USA CDC' property".
USA CDC has requested that the CITY render water and sewer service to the USA CDC'S
property and CITY agrees to do so subject to the terms, covenants and conditions contained
herein.
2. WAIVER: No delay or failure to exercise a right under this Agreement or any other Agreement
shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach
of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach
of same or as voiding or altering any other obligation of the parties under this Agreement or any
other Agreement. No order or directive gives by the CITY or its agents shall be considered as
waiving any portion of this Agreement unless done in writing by a person having actual authority to
grant such waiver.
3. PROVISION OF CONNECTION CHARGES: USA CDC shall pay sewer connection
charges for any improvements to be constructed and connected on property, subject to the
limitations specified herein. USA CDC shall be responsible for paying any water and sewer
connection fees or charges imposed by the City and also by Miami-Dade County. The
connection charges shall be based on the average daily gallons for the new building space
and/or use multiplied by applicable rates established by Miami Dade County and the CITY.
4. DESIGN AND CONST,ItUCTION OF FACILITIES: USA CDC, at its own cost and expense,
shall design, construct and install a sewage pump station to replace the existing sewage pump
station #5 as provided for in this Agreement in accordance with the schedule of tasks and
station 45 as provided for in this Agreement in accordance with the schedule of tasks and
deliverables set forth in Exhibit "B" attached hereto. It shall also be USA CDC sole
responsibility to obtain all required governmental approvals for the design, construction,
installation and certification of said replacement sewage pump station, including but not
limited to permits and building and inspection approvals. The final design and construction
of the facilities shall meet the requirements set forth by the City, and all applicable
Local, State and Federal Standards, subject to approval by the CITY. Should there be a
requirement to rezone property to be used for the installation of the replacement sewage pump
station, then it shall be the CITY's responsibility to obtain the proper zoning approvals.
5. INSPECTION: The CITY shall have the right but not the obligation to make engineering
inspections of all the construction work performed by USA CDC under the terms of this
Agreement. Such inspections shall not be construed to constitute any guarantee on the part of
the CITY as to the quality and condition of materials and workmanship. Any inspections by the
CITY shall not relieve USA CDC of any responsibility for proper construction of said facility
in accordance with approved plans and specifications. Furthermore, any inspections by
the CITY shall not relieve USA CDC of responsibility for the quality and condition of materials
and workmanship.
6. MIS: During construction and at the time when various tests are required or requested by
CITY, the CITY'S engineer or its authorized representative, together with USA CDC'S
engineer and contractor, shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. USA CDC shall notify the CITY a
minimum of twenty-four(24) hours in advance of the tests.
7. COMPLIANCE WITH ALL LAWS: USA CDC, at its own cost and expense, shall comply with
all applicable laws, statutes, rules, and ordinances in carrying out the activities contemplated
herein.
8. CITY AS PERMITIEE: Certain federal, state and county agencies, including but not limited to
the State of Florida Department of Transportation, the South Florida Water Management
District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require
that the CITY be named as permittee for certain construction activities. USA CDC shall
provide sufficient security as acceptable to the CITY which shall indemnify and protect
the CITY from all claims, actions, judgments, liability, loss, cost and expense, including
reasonable attorney's fees, related to work performed by USA CDC pursuant to such
permits. The security shall be furnished prior to the start of construction and shall be in an
amount at least equal to the CITY'S cost estimate for the permit work. USA CDC shall have
sixty (60) days to resolve any claims by.a permittor, otherwise CITY shall be entitled to pay
said claims from the security. USA CDC shall be liable for all costs in excess of the security.
9. ALLOCATION 9F CAPACITY: Capacity allocation is subject to local, state and federal
agencies and other regulatory bodies having jurisdiction and the City cannot guarantee the
request of allocation. In connection therewith, USA CDC agrees that the CITY shall not be
liable or in any way responsible for any costs, claims or losses incurred by USA.CDC as
a result of actions by regulatory bodies, which are related to capacity allocation.
pI,mn Ctotinn
10.FACII>TTIES EASEMENTS: 11 it is determined that the replacement sewage pump station
contemplated herein requires additional area outside of the public right-of-way then it shall be
the USA CDC's sole responsibility to obtain the necessary easements. This would also include
obtaining any temporary usage easements necessary for construction or material storage
purposes.
11.$EWA E PUMP STATION JOINT USERS: It is agreed that the replacement sewage pump station to
be designed, constructed and installed to serve USA CDC'S property must have capacity to
serve properties other than USA CDC' property. The CITY, 'upon completion of this pump
station by USA CDC, will reimburse the cost of the project not to exceed an amount of Four
Hundred Fifty Thousand Dollars (5450,000.00), hereby referred to as the station budget. The
station budget shall include engineering as well as construction services. Engineering services
shall be limited to designing the replacement sewage pump station and calculating sewer flows
for the contributing area. The USA CDC shall furnish sufficient data (i.e. water meter readings,
current and future property uses, etc.) for the purpose of determining the capacity of the
replacement sewage pump station. The calculations and pump selection data signed and sealed
by a professional engineer must be submitted to the city for approval before finalizing the
design and also before submitting the plans for permitting. The project shall proceed in
accordance with the schedule of tasks and deliverables set forth herein and in Exhibit
"B" attached hereto. Upon approval of the construction plans by the CITY, USA CDC shall
obtain bids for the replacement sewage pump station prior to proceeding with the Construction
services. Should the bids received exceed the station budget, the CITY and USA CDC reserve
the right to either amend the station budget amount or cancel the upgrade. The CITY shall
retain ownership of all plans, designs and construction documents for the replacement
sewage pump station. Should the CITY cancel the replacement sewage pump station project,
USA CDC shall be reimbursed immediately for. all engineering, surveying and plan review
and permitting costs incurred during the design and plan approval process. Upon acceptance
of the bid for Construction services by both the CITY and USA CDC, USA CDC will proceed
with the construction services. Upon completion of the replacement sewage pump station, the
CITY shall repay to USA CDC the station budget or amended,station budget in two (2)
payments. The first payment shall be maximum one half of the station budget or amended
station budget and shall occur upon conveyance of the replacement sewage- pump station to
the CITY by USA CDC. The second payment for the remaining balance shall occur within
twelve (12) months after the conveyance of the replacement sewage pump station. In the event
that the CITY does not repay the station budget to USA CDC in full within twelve (12) months
from the date of conveyance of the replacement sewage pump station, the CITY shall pay
USA CDC interest on the unpaid outstanding balance calculated at 0.5% percent over
prime rate as reported by the Wall Street Journal as locked in twelve (12) months after the date
of conveyance with a readjustment every six (6) months thereafter. However,the station
budget must be paid in full within twenty-four(24) months after the date of conveyance.
12.DRAWINGS AND CONVEYANCE DOCUMENTS: Following completion of the sewer facilities
contemplated herein for CITY ownership, the CITY shall provide conveyance documents,
which may include bills of sale, releases of lien, grants of easement, and warranty deed for
execution by USA CDC. The properly executed documents shall be delivered to and accepted
by the CITY prior to the rendition of sewer service by the CITY. USA CDC shall pay for all
recording fees and for all documentary stamps. These conveyances shall be accompanied by
copies of paid bills and/or lien waivers, releases, or satisfactions from all persons who
performed work on USA CDC'S property and all persons who incorporated materials into the
Dr,nr,Ctntinn 4 d
property, together with a breakdown of the actual cost of said facilities. Concurrently, USA
CDC shall furnish the CITY with one (I) set of as-built drawings showing specific locations
and depths among other things, of all facilities as located by a licensed surveyor, along with
four (4)prints of the as-built drawings which have been sealed by a surveyor and certified by
the engineer of record as otherwise consistent with the City code, if applicable. Three (3)
sets of the appropriate manuals for operation of any sewage pump station and other
mechanical and electrical equipment to be owned by the CITY along with three (3) certified
surveys for the sewage pump station site, after completion, shall also be included. In
addition, a letter from Miami-Dade County Permitting, Environment and Regulatory Affairs
certifying the station will be required. Approval by the CITY and delivery of all required
conveyance documents for the pump station, drawings and survey specified herein shall
constitute final acceptance by the CITY of said facilities. After final acceptance, the
facilities shall remain at all times the sole, complete, and exclusive property of the CITY
and under the exclusive control and operation of the CITY.
13.WAR NTY AND MAIMIANCE. USA'CDC warrants that the replacement sewage
pump station to be owned by the CITY shall be free from defects•in materials and
workmanship for a period of twelve (12) months from final acceptance by the CITY.
Simultaneously with the conveyance of the replacement sewage pump station, USA CDC shall
deliver to the CITY an executed maintenance bond in a form from a company satisfactory to the
City, which guarantees the warranty. If it becomes necessary to repair and/or replace any of the
replacement sewage pump station during the initial one (1) year period, then the warranty
as to those items repaired and! or replaced shall continue to remain in effect for an
additional period of twelve (12) months from the date of final acceptance by the CITY of
those repairs and/ or replacement.
14.TERM OF AGR.EMENT: Both USA CDC and the CITY recognize that time is of the essence
and that this Agreement shall be deemed null and void and unenforceable if USA
CDC fails to comply with any of the following conditions,where applicable:
o After execution of this Agreement, work on the replacement sewage pump station shall
commence within thirty (30) days from the execution date. Work shall be considered to have
commenced and be in active progress when engineering drawings are submitted to the CITY
for review and approval, and upon the CITY'S issuance of said approval, a full
complement of workmen and equipment is present at the site to diligently incorporate
materials and equipment into the construction of the replacement sewage pump station
throughout the day on each full working day, weather permitting.
o Once USA CDC commences work on the replacement sewage pump station, said work cannot be
suspended, abandoned, or not in active progress for a period exceeding ten(10) days.
o The remedies specified herein are cumulative with and supplemental to any other rights
which the CITY may have pursuant to the law or any other provision of this Agreement.
15.INDEMNIFICATION CLAUSE:. USA CDC shall indemnify and hold harmless the CITY and its
officers, employees, attorneys, agents and instrumentalities from any and all liability, losses
or damages, including attorney's fees and costs of defense, which the CITY or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Agreement by USA CDC or its employees, agents, servants, partners,
principals, contractors and/ or subcontractors. USA CDC shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. USA CDC expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by USA CDC shall in no way Iimit the responsibility to
indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and
instrumentalities as herein provided.
16.FORCE MAJEURE. Should either party be prevented from performing any obligations
herein, including but not limited to water and /or sewer service, due to or resulting from a
force majeured or inevitable accident or occurrence, such party shall be excused from
performance. As used herein, force majeure shall mean an act of God which includes but is not
limited to sudden, unpreventable or extraordinary forces of nature such as floods, washouts,
storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of
nature. Inevitable accidents or occurrences shall mean those which are unpreventable by either
party and shall include but not be limited to strikes, lockouts, other industrial
disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state,
county and local governmental restraints and restrictions, military action, civil
disturbances, explosions, conditions in federal, state, county and local permits, bid protests,
manufacturing and delivery delays, unknown or unanticipated soil, water or ground
conditions and cave-ins, or otherwise, and other causes reasonably beyond the control
of either party, whether or not specifically enumerated herein_
17.USE OF FACILTTIFS BY CITY. The CITY reserves the right to make full use of the water and
/or sewer facilities to be owned by the CITY as contemplated herein to serve other
customers at any time.
18.OPINION OF TITLE_ With the execution of this Agreement, USA CDC at its own expense shall
deliver to the CITY an opinion of title for USA CDC'S property, issued by a qualified attorney
licensed to practice law in the State of Florida, which states that USA CDC owns fee simple
title to the property referred to herein.
19.ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal service
which may be provided for in this Agreement shall be transferred, assigned or
otherwise conveyed to any other party without the express written consent of the CITY or
its designee except as noted below. The consent of the CITY shall not be required in
connection with the sale, lease or other conveyance of property or any residential units
or commercial establishments to any party who will• be the ultimate user of the
property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The
intent of this paragraph is to require consent of the CITY for assignments or transfers of any
investment for resale or who intends to develop for sale a portion of USA CDC'S property,
so that the CITY can adequately determine the demand for water and sewage disposal
capacity and plan for the fair and equitable allocation of water and sewage disposal
capacity among users. If USA CDC'S property is transferred or conveyed, USA CDC shall
remain liable to the CITY for all sums of money and all obligations due hereunder unless
released in writing by the CITY.
20.CONTRAST BOND. USA CDC must obtain Performance Bond and Payment Bond from the
contract to submit to the City, each, in the amount of 100% of the total station budget,
including Alternates if any, with the City of Opa-Locka as the obligee, as security for the
faithful performance of the Contract and for the payment of all persons performing labor or
furnishing materials in connection herewith. The bonds shall be with a surety company
authorized to do business in the State of Florida and acceptable to the City.
21.ENTIRE AGREII4ENT. This Agreement supersedes all previous agreements and
representations,whether oral or written, between USA CDC and the CITY.
22. Notice: Whenever aay party desires to give notice unto any other party,it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to the party for
whom it is intended and the remaining party, at the places last specified, and the places for giving of
notice shall remain such until they shall have been changed by written notice in compliance with the
• provisions of this section. For the present, the CONTRACTOR and the CITY designate the following
as the respective places for giving of notice:
CITY: Bryan R.Finnie,City Manager
780 Fisherman Street,4th Floor
Opa locka,Florida 33054
COPY TO: Joseph S.Geller,City Attorney
780 Fisherman Street,4th Floor
Opa locks,Florida 33054
CONTRACTOR: George W.Howard,President
United States Association of CDC.Inc.
1150 Wilshire Circle.West Pembroke Pines.Florida 33027
Pmmn 6t2tinn K 7
23.RECORDING •F AGR,EEIr1ENT, CONTRACTOR shall keep books and records and require any
and all subcontractors to keep books and records as may be necessary in order to record complete
and correct entries as to personnel hours charged to this engagement, and any expenses for which
CONTRACTOR expects to be reimbursed,if applicable. Such books and records will be available
at all reasonable times for examination and audit by CITY'and shall be kept for a period of three(3)
years after the completion of all work to be perfoaned pursuant to this Agreement, or for such
longer period as is required by law. Incomplete or incorrect entries in such books and records will
be grounds for disallowance by CITY of any fees or expenses based upon such entries.
24. Cpatractots Liability Insurance:The CONTRACTOR:shall not commence work under this contract
until it has obtained all insurance required under this Article and such insurance has been approved
by the CITY nor shall the CONTRACTOR allow any Subcontractor,if applicable,to commence
work on a sub-contract until all similar such insurance required of the subcontractor has been
obtained and approved.
• Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the
City prior to the commencement of the work. These Certificates shall contain a provision that
coverage afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the CITY. Policies hall be issued by companies authorized to
do business under the laws of the State of Florida.
• Financial Ratings must be no less than "A" in the latest edition of"Bests Key Rating Guide",
published by A.M.Best Guide.
• Insurance shall be in force until all work required to be performed under the terms of the
Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the
event the insurance certificate provided indicates that the insurance shall terminate and lapse
during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least
three (3) days prior to the expiration of the date of such insurance, a renewed certificate of
insurance as proof that equal and like coverage for the balance of the period of the contract and
extension there under is in effect The CONTRACTOR shall not continue to work pursuant to
this contract unless all required insurance remains in full force and effect
• Comprehensive General Liability insurance to cover liability bodily injury and property damage.
Exposures to be covered are: premises, operations, products/completed operations, and certain
contracts. Coverage must be written on an occurrence basis, with the following limits of
liability
(a) Workers' Compensation Insurance--as required by law;
•
(b) Employer's Liability Insurance-$1,000;000 per occurrence;
(c) Automobile Liability Insurance - $2,000,000 per occurrence, $1,000,000 per
accident;
(d) Accident for bodily injury $300,000 and 51,000,000 per accident for property
damage.
• The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of
claims for damages to persons,property or premises arising out of the operations to complete this
Agreement and name the CTTY as an additional insured under their policy.
• The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
25.CONTRACTOR'S INDEMNIFICATION : The CONTRACTOR agrees to release the CITY from
and against any and all liability and responsibility in connection with the above mentioned matters
and with the work being performed by Contractor. The CONTRACTOR further agrees not to sue
or seek any money or damages from CITY in connection with the above mentioned matters.
26. INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer
relationship between the parties. It is the intent of the parties that the CONTRACTOR is an
independent contractor under this Agreement and not the CTTY's employee for any purposes,
including but not limited to, the application of the Fair Labor Standards Act minimum wage and
overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers
Compensation Act, and the State unemployment insurance law and similar laws. The
CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This
Agreement shall not be construed as creating any joint employment relationship between the
CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by
CONTRACTOR,including but not limited to unpaid minimum wages and/or overtime premiums.
27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida with
venue lying in Miami-Dade County,Florida.
28.DISPUTES: Any claim, objection, or dispute arising out of the terms of this Agreement shall be
litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County.
29. ATTORNEY'S FEES: To the extent authorized by law, in the event that either party brings suit for
enforcement of this Agreement, the prevailing party shall be entitled to attomey's fees and court
costs in addition to any other remedy afforded by law.
30. EQUAL OPPORTUNITY EMPLOYMENT: CONTRACTOR agrees that it will not discriminate
against any employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are
employed and employees are treated, during employment, without regard to race, color,religion, sex, age,
national origin or disability. This provision shall include, but not be limited to,the following; employment
upgrading,demotion or transfer,recruitment advertising,layoff or termination;rates of pay or other forms of
compensation;and selection far training,including apprenticeships.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fast
written above.
CITY OF OPA- OCKA
ATTEST: •
'L BY: --�
J. . Flores,Interim City Clerk , cii, F" ' City Manager
APPROVED AS TO FORM: •
IR
J• .h S. ler,City Attorney
Pumo Station 5
10
UNITED STATES ASSOCIATION OF CDC,INC.
WITNESSES:
United States Association of CDC,Inc
Authorized Representative
ATTEST:
ATTEST:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
B ORE M an officer duly aqiorized by law to administer oaths and take acknowledgments,personally
appeared ' re • •per ?r4 fl+ ,of C1( 4c1}C , a Florida corporation,and acknowledged
executed the fo going Agreement as the pmper official of for the use and purposes mentioned in it and
affixed the official seal of the corporation,and that the instrument is the act and deed'of that corporation.
IN WITNESS OF TIC FOREGOING, I have set my hand and official seal at in the State and County •
aforesaid onthisedday of n f ,2012.
4•54.1k.3 CUPS i •
:IFE3rgt6ltpit7 Z&:':13 _L
=LAW.�, *.lrarmawl „ NOTARY PUBLIC
My Commission Expires:
Pump Station 5 11
Exhibit"A"
Map and Description of USA CDC Property
•
Dawn.%Crwr+nn C
17
.Property Information Map Page 1 of 1
•
My Home
Miarrd•Dade County,Florida
MIAMI�DADE
tniarnidade.gov Mill
Property Information Map
Summary Details:
_
'Folio No.: 011-2122-01_141080
y ; .;, ` .�,""- Property: 2491 NW 133 ST
M918nQ METRO RtFALTY OF SOUTH
Add R.ORIDA INC
00 VICTOR K HONES P A
16105 NE 18 AVE NORTH
MIAMI BEACH FL
33182•
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PLO.. .1 1rlformatbtr:
MULT1FAUL 3
L.7=n:,....92:11111111111111111111111
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31'5 LOTS9THRV
7 : 3BUK150LOTSIZE
$r SO Fr OR 18887-
10081 COC
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••276854488 0411 12
Assessment Information:
i77171011111111111111111111EMMI 2010
T"'L`1T"INNE 1J 11�LJ
Aerial Photography-8009 0 �� 126 0 : 1( :t;.!.
This map was treated on 3fl5/2012 31."34 PM for reference purposes only. " * =�'►k
Web She 02002 MlamI.Ooddo County.AO rights reseryecL Taxable Value Information:
• Yew: 2011 2010
Appbd r AppN d
Taxing Authority. T
Valle: , Salim
*Vomit: 32.013.070 32,042.938
C: 50 SW SW
County: 32013.070 $2,
2W
32,013,070 52,042.938,
Smoot Boatel 52.013270 32.0422938
Sale Information:
•
u r .v 100
btrp:1/gisims2.miamidade.gov/myhome/printmap.asp?mapur1=http://gisims2.miamidade.go... 3/15/2012
•
Warranty Deed
•
•
•
•
•
•
•. EXHIBIT ire• • •
•
SCHEDULE OF TASKS & DFAIVERABLPS
TASK 1-DESIGN PHASE . • . •
USA CDC should cause for the proposed improvements under this agreement to be designed
according to the all applicable Miami-Dade County and City of Opa-locka requirements.Copies of the
construction documents should be submitted to City staff for review and approval prior to
submittal for permitting.At a minimum the design phase shall include the following:
• Preliminary Engineering
• Field Investigations
• Existing Conditions Analysis
• Survey
• Basis of Design
• Final Design
The design must include only ABS pumps by Hydra Services with specially made two piece impeller with a
minimum 3"solids passage per Ten State Standards due to unique physical constraints and also for the uniformity
of the sanitary sower lift stations in the City.
TASK 2-PERMITTING .
• Obtain all permit approvals from applicable regulatory agencies and City of Opa-locka Building
Department
Puma Station 5 13
•
• An allowance of S 2000 is available under this task for reimbursement purposes.
•
TASK 3--CONSTRUCTION
•
Upon concurrence and award of the contract, USA CDC shall cause the pump station
construction to begin and the work take place as outlined below:
• Construction of new station
• Continued operation of existing station
• Coordination with City for construction inspections
• Start up by pump manufacturer
• Transmission of station manuals
• Submission of as-built drawings to City
• Final certification of station by the City of Opa-locka and Miami Dade County Permitting,Environment
and Regulatory Affairs
• Conveyance to City as set forth herein
Piunn Station 5
• 111111111111111111111111111111111111 11111111
•
- ' CFN 2012R018195S
OR Bk 711032 Fss 4365 — 43615; t4s,ss:
RECORDED 03/13120t2 10115:27
XOC TAX DEED 600.00
This lesuumoent pTepered 6y:
SURTAX 450.00.0 0
n
HARVEY D � t X IMMinu i Haygwd r E Cam FLORIDA Hayseed&Harris,',LC
1515 Foram Place,Suite 400-B
We Palm Beach,Florida 33401
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made the day of itikLi I ,2012,
by Metro Realty of South Florida,Inc.,a Florida corporation hereinafter called the"Grantor",to
Opa Lakes Development, LLC, a Florida limited liability company, whose address is I150
Wilshire Circle, West,Pembroke Pines, FL 33207 hereinafter called the "Grantee" (whenever
used hereunder the terms Grantor and Grantee include all the parties to this instrument and the
heirs, legal representatives•and assigns of individuals, and the successors and assigns of
corporations):
• WITNESSETII: That the Grantor, for and in consideration of the sum of One (51.00)
Dollar and other valuable considerations, receipt whereof is hereby acknowledged, hereby
grants,bargains,sells,aliens, remises,releases, conveys and confirms unto the Grantee,all that
certain land situate in Miami Dade.Florida,viz:
Sex Exhibit A attached hereto and made a part hereof.
SUBJECT TO taxes for the year 201I and subsequent years; zoning restrictions,
• moments,conditions,covenants,restrictions and limitations of record.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining..
TO HAVE AND TO HOLD,the same in fee simple forever. .
AND the Grantor hereby warrants the title to said land and will defend the same against
The lawful riagnc of all persons claiming by through or under the said Grantor.
x
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[Signatures on following pages] `vooaac+ri "':
Execution copy 2-13-2012 1
IN WITNESS WHEREOF,the said Grantor has set Grantor's band and seal the day and
Year first above written.
Signed,sealed and delivered
in our presence: •
METRO REAL 471"-a UTH FLORIDA,INC.
•
Name By: 4 wr
G a e. '„£ �.�,s,-. i Name: ter, ,c
Title:_ :t'. e iits li
. ..
STATE OF FLORIDA
COUNTY OF BROWARD
k � �1441-*.
The�f°� ping instrument aclspo iedged before me this�_day of 1 by
ytic, /�,t[ ..t as the 'u .. of ietrq Realty of South Florida, Inc., who is
personally known to me or has produced 67 qtr l( as id ' cation.
''' ta....11.It
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Notary PublicN+Ir+ao
• � oa
, 4._,.., . cq ,j t
Name of Notary • ., 10"w :7704.
•
Execution copy 2-13-2012 2
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CHANGE ORDER INVOICE
UNITED STATES ASSOCIATION OF CDC
Date Invoice#
5/22/2014 142205
1150 Wilshire Circle West
Pembroke Pines Fl. 33027
Bill To:
City of Opa-Locka Florida
780 Fisherman Street
Opa-Locka,Florida 33054 •
Protect Location:
Pump Station#5
Rehabilitation,City Of Opa-Locka
•
Opa-Locka,Florida
item Description Amount
01 Change order to Desmar Plumbing Contractors/15%P&OH $97,852.14
02 BCI Betancourt Temporary Shoring(Not in original Contract) $74,750.00
03 Additional Shoring due to City Engineer re-routing of man holes Inc
04 Additional supplies to re-route 2 man holes&the cleaning and $25,000.00
Restoration of existing lift station to convert into man hole.
Additional time and Custom made concrete materials.
05 Additional Rock due to removal of sugar sand. $10,000.00
06 Additional testing and Engineering Plans $ 5,O0Q.O0 •
07 Restoration of property next to lift at area of Connection to
The main sewer line.
08 Removin: and restoring existing parking lot to accommodate $6,000.00
Owner of property.
09 .Additional down time. $12,000.00
10 Installation of well points&Additional Equipment down time $42,) .00
TOTAL AMOUNT DUE: $272,602.14
/(19'//4.
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