HomeMy WebLinkAboutR-19-0034City of Miami
1 i.RR cl
Legislation
alldl 1 l +
Resolution: R-19-0034
File Number: 5389
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/10/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY POTENTIAL
CONFLICTS OF INTEREST THE OFFICE OF THE CITY ATTORNEY ("OCA")
MAY HAVE, IF ANY, TO ENABLE THE OCA TO ADVISE AND COUNSEL THE
CITY OF MIAMI'S ADMINISTRATION IN ONGOING MEDIATION
NEGOTIATIONS IN THE MATTER OF FLAGSTONE ISLAND GARDENS LLC
AND FLAGSTONE DEVELOPMENT CORPORATION V. THE CITY OF MIAMI,
PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, CASE NO. 18-13829 CA (44).
WHEREAS, on June 22, 2017, the City Commission adopted Resolution No. 17-0313
authorizing the City Attorney to engage outside conflict counsel for the representation of the City
of Miami ("City") on all matters in connection with the Notice of Default of Flagstone Island
Gardens, LLC pursuant to City Resolution No. 17-0263 adopted on May 30, 2017; and
WHEREAS, outside conflict counsel represents the City for all litigation purposes in the
case arising from the notice of default styled Flagstone Island Gardens LLC and Flagstone
Development Corporation v. the City of Miami, pending in the Eleventh Judicial Circuit in and for
Miami -Dade County, Case No. 18-13829 CA (44) ("Lawsuit"); and
WHEREAS, the City's Administration seeks to have the advice and counsel of the Office
of the City Attorney with respect to ongoing mediation negotiations in the Lawsuit; and
WHEREAS, although the Office of the City Attorney ("OCA") does not have a conflict of
interest advising the City Administration with respect to ongoing mediation negotiations, there is
a conflict with respect to the litigation aspects of the Lawsuit; and
WHEREAS, The Florida Bar has recommended that the OCA receive a waiver from the
City Commission concerning any potential conflicts of interest, if any; and
WHEREAS, the City Commission has been advised of the potential conflict of interest;
and
WHEREAS, the City Commission agrees to waive any conflict of interest that the OCA
may have, if any, with respect to advising and counselling the City's Administration in ongoing
mediation settlement negotiations related to the Lawsuit;
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.
City of Miami Page 1 of 2 File ID: 5389 (Revision:) Printed On: 1/31/2019
File ID: 5389
Enactment Number: R-19-0034
Section 2. Any conflict of interest that the OCA may have, if any, related to the Lawsuit
is hereby waived to allow the OCA to provide advice and counsel to the City's Administration for
purposes of mediation settlement negotiations.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ndez, City Attor iey 1115/2019
If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 5389 (Revision:) Printed on: 1/31/2019