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RESOLUTION APPROVING MUTUAL GENERAL RELEASE BETWEEN MIAMI-DADE COUNTY AND THE CORRADINO GROUP RESOLVING THE LITIGATION STYLED MIAMI-DADE COUNTY V. THE CORRADINO GROUP (CASE NO. 11-20418-CA-08) IN EXCHANGE FOR A PAYMENT TO MIAMI-DADE COUNTY IN THE AMOUNT OF $150,000.00 AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE MUTUAL GENERAL RELEASE AND EXERCISE ANY RIGHTS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves and authorizes the County Mayor or Mayor�s designee to execute the Mutual General Release between Miami-Dade County and The Corradino Group in order to resolve the litigation styled Miami-Dade County v. The Corradino Group (11th Jud�l Cir.; Case No.: 11-20418-CA-08), in accordance with the terms and conditions set forth in the Mutual General Release.

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Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

R.A. Cuevas, Jr.
County Attorney

Subject: Mutual General Release Agreement between Miami-Dade County and The Corradino Group, Inc. Settling Pending Litigation in Exchange for $150,000 Payment to Miami-Dade County

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached Resolution authorizing the Mayor to execute the Mutual General Release (Attachment A) with The Corradino Group, Inc. (�Corradino�). The Mutual General Release will result in a payment to the County of $150,000 and will settle a lawsuit, Miami-Dade County v. The Corradino Group, Inc., currently pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County, Case No. 11-20418-CA-08 (Lawsuit).

Scope
The Mutual General Release stems from litigation related to Corradino�s performance on two projects for the Miami-Dade County Parks, Recreation and Open Spaces Department (PROS): Amelia Earhart Park and Crandon Park, which are located in County Commission District 13, Commissioner Esteban Bovo, Jr. and County Commission District 7, Commissioner Xavier L. Suarez, respectively.

Fiscal Impact/Funding Source
The fiscal impact to the County from this Mutual General Release is $150,000 in favor of the County.

Track Record/Monitor
The Parks, Recreation and Open Spaces Department (PROS) Project Manager will oversee the collection and deposit into a County account of the $150,000 from Corradino.

MANAGER'S BACKGROUND
Background
Corradino is an architectural services firm that was selected to provide PROS with services for projects at two County parks, Amelia Earhart Park and Crandon Park. For each project, Corradino was tasked with providing programming, schematic, design development and construction documents, permit processing, construction administration and warranty services.

A. The Amelia Earhart Park Agreement

The Amelia Earhart Park project was known as the �Amelia Earhart Park Soccer & Softball Complexes, Building and Utilities,� to be performed under an agreement dated June 1, 1999 (the �Amelia Agreement�), for which the County agreed to pay a basic services fee of $227,307. The County also agreed to pay an additional fee of up to $271,800 for any County-authorized work. As such, the total contract value under the Amelia Agreement was $499,107.
The scope for the Amelia Earhart Park project included a soccer and a softball complex. Phase I of the project consisted of four soccer fields and irrigation, one field house, landscape buffer, lighted parking lot, service roads, and utilities. These project elements were constructed. The scope for Phase II of the project was modified from a softball complex, including five irrigated softball fields, to a soccer complex. The modified scope of the project consisted of three additional lighted and irrigated soccer fields, and a fourth soccer field presented as an additive alternate, two restroom/storage building facilities, landscaping, walkways, and a lighted parking lot. The Phase II project elements were not constructed.
In the Lawsuit, the County claimed that Corradino failed to provide the professional architectural and engineering services that it was required to provide under the Amelia Agreement. Specifically, the County claimed that Corradino failed to adequately file for and follow up on building permits and address, by making any required changes and resolving questions presented, any comments from the permitting authorities. As a result of the perceived shortcomings, the County terminated the Amelia Agreement on December 17, 2007. The County�s notice of termination cited Corradino�s failure to �address all the pending issues impacting the completion of 100% construction documents and dry run permit review process� and �cure all the pending issues impacting the completion of the project in accordance with the timeframe provided.�
In response to the County�s claim on the Amelia Agreement, Corradino asserted a variety of defenses. Corradino also brought its own claim against the County based both on breach of contract and unjust enrichment. Corradino specifically asserted that the project did not move past the permitting phase because of the County�s delays, changes, breaches, and failure to pay all amounts due.
B. The Crandon Park Agreement
The Crandon Park project was performed under a contract titled �Full Service Project Specific Professional Services Agreement P&R Project No. A00-PARK-02� (the �Crandon Agreement�). The Crandon Agreement was for an amount up to $1.5 million. On August 8, 2002, Corradino and the County executed a service order under the Crandon Agreement for the Crandon Park Central Restroom/Park Office/Dock Master and Existing Restroom Upgrades project.
The scope for the Crandon Park project included construction of a new 1,550 square foot central restroom building and a 900 square foot park office building on the east side of Crandon Boulevard and construction of a 2,250 square foot two-story dock master and bait and tackle building and upgrades to existing restrooms on the west side of Crandon Boulevard. These project elements were constructed.
In the Lawsuit, the County claimed that Corradino breached the Crandon Agreement by failing to adequately perform construction administration services. The County cited these shortcomings as the basis for its December 7, 2007 termination of the Crandon Agreement. Specifically, the County referenced excessive change in personnel; lack of adequate, competent, and experienced staff; abandonment of professional services; failure to keep adequate records; lack of control and supervision of staff; failure to coordinate with sub-consultants; contributing to schedule slippage; delays in reviewing claims; failure to correct deficiencies; and Corradino�s response to design errors in connection with the elevator at the Dock Master Building.
In response to the County�s claims, Corradino asserted a variety of defenses. Corradino also brought its own claims against the County based both on breach of contract and unjust enrichment. Corradino alleged that the County created delays that extended the project duration from 390 to 800 days, interposed unnecessary changes, and breached the Crandon Agreement by failing to pay all amounts due. Corradino also shifted blame for issues with the Crandon Park agreement to the performance of the County�s contractor, Miami Skyline.
C. The Mutual General Release

The proposed Mutual General Release (Attachment A) is a mutually acceptable settlement reached during court-required mediation. Under paragraph three of the Mutual General Release, the County and Corradino deny any and all liability to the other upon all claims which have been asserted or might hereinafter be asserted, and agree to the exchange of funds for the purpose of economic considerations to avoid further litigation. The stipulations in the Mutual General Release include Corradino paying Miami-Dade County $150,000; agreeing not to submit for any PROS projects for a period of three (3) years; and cooperating with PROS in any claims and/or litigation against other persons and/or entities related to the subject case. Upon approval of this Mutual General Release by the Board and execution thereof by the County Mayor or Mayor�s designee, a Joint Stipulation of Dismissal with Prejudice will be filed with the Court and Corradino has twenty days to tender a check for $150,000 to Miami-Dade County.




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Lisa Martinez
Senior Advisor, Office of the Mayor


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