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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez DATE: July 28, 2022 RE: City Commission Meeting — July 28, 2022 Conflict of Interest Waiver — Representation of The Department of Off - Street Parking of the City of Miami File No.: 12241 The filing of a lawsuit against the City of Miami by the Department of Off -Street Parking of the City of Miami, commonly known as the Miami Parking Authority ("MPA") has given rise to a conflict of interest for the Office of the City Attorney in representing the MPA in other unrelated litigation. The proposed resolution seeks waiver of that conflict of interest so that the Office of the City Attorney may represent the MPA in a pending unrelated lawsuit. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/JAG/LKW City of Miami Legislation Resolution Enactment Number: R-22-0267 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12241 Final Action Date:7/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF INTEREST THE OFFICE OF THE CITY ATTORNEY MAY HAVE, TO ENABLE IT TO REPRESENT THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI A/K/A MIAMI PARKING AUTHORITY ("MPA") IN THE PENDING LAWSUIT LISTED BELOW. WHEREAS, Section 21 of the Charter of the City of Miami, Florida, as amended ("City Charter"), provides, in part, that, "The City Attorney shall be the legal advisor of and attorney and counsel for the City, and for all officers and departments thereof in matters relating to their official duties. The City Attorney shall prosecute and defend all suits for and in behalf of the City."; and WHEREAS, Section 23(g) of the City Charter provides that "The City Attorney shall act as general counsel for the department [Department of Off -Street Parking of the City of Miami] and for the board in all matters of law which may arise, and shall prosecute or defend all suits brought by or against the City or the department or the board which relate to the off-street parking facilities of the City. Special counsel as shall be deemed necessary by the City attorney may be employed by the director subject to the approval of the board, City Attorney and City Commission. Such special counsel shall serve under the direct supervision and control of the City Attorney."; and WHEREAS, the Office of the City Attorney currently represents the Department of Off- street Parking of the City of Miami a/k/a Miami Parking Authority ("MPA") in the following lawsuit and appeal pending in Miami -Dade County: Downtown 56, LLC v. Department of Off -Street Parking of the City of Miami, pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Case No. 2021-022821-CA-01, and Department of Off -Street Parking of the City of Miami v. Downtown 56, LLC, pending in the Third District Court of Appeal, Case No. 3D22- 165 ("Downtown 56 litigation"); and WHEREAS, on or about July 7, 2022, the MPA served a Third -Party Complaint against the City of Miami ("City") in the case of Grove Harbour Marina and Caribbean Marketplace, LLC v. Miami parking Authority and Munilla Construction Management, LLC, Miami -Dade County Circuit Court, Case No. 18-031090 CA 15 ("Grove Harbour Marina Lawsuit") whereby the MPA seeks contractual indemnification from the City; and . WHEREAS, the City and MPA are each represented by respective outside counsel in the Grove Harbour Marina Lawsuit; and WHEREAS, because the MPA and the City are directly adverse in the Grove Harbour Marina Lawsuit, there exists a conflict of interest precluding the Office of the City Attorney from representing the MPA in the Downtown 56 litigation absent a waiver of the conflict with informed consent by both the City and the MPA; and WHEREAS, the City Commission has been advised of the conflict of interest; and WHEREAS, the City Commission agrees to waive the conflict of interest and consents to the Office of the City Attorney representing the MPA in the Downtown 56 litigation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Any conflict of interest that exists with regard to the Office of the City Attorney representing the MPA in Downtown 56 litigation, is hereby waived. Section 3. If facts and/or circumstances change such that it would be reasonable to reconsider the waiver, the issue shall come before the City Commission for reconsideration of the waiver. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 7/14/2022