HomeMy WebLinkAboutR-22-0267City of Miami
Resolution R-22-0267
Legislation
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
City of Miami Page 1 of 2 File ID: 12241 (Revision:) Printed On: 6/16/2025
File ID: 12241 Enactment Number: R-22-0267
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 ttor ey � 7/14/2022
City of Miami Page 2 of 2 File ID: 12241 (Revision:) Printed on: 6/16/2025