Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Amending Resolution No. R-2022-127 To Increase The FY 2022 Legal Fees To Greenberg Traurig, P.A. From $500,000.00 To $800,000.00 Due To Pembroke Pines Litigation.
Strategic Plan Focus
Financial Management & Administration
Body
Staff Recommends: Approval of the attached Resolution.
Explanation:
Greenberg Traurig, P.A. (“Firm”) is currently representing the City in matters regarding the water and wastewater utility system as related to general legal issues involving the six large users. On May 4, 2022, the City Commission passed and adopted Resolution No. R-2022-127 authorizing the appropriate City officials to execute an Agreement with Greenberg Traurig, P.A.
The Firm is representing the City in matters regarding the water and wastewater utility system, primarily involving ongoing issues with the City of Pembroke Pines, one of the City’s large users.
Pembroke Pines has filed three civil actions regarding the ongoing “large user agreement” issues and the City is defending the civil actions vigorously and the issues are complex. Due to the trial length relating to the litigation with City of Pembroke Pines, the Firm has incurred additional fees which were not contemplated at the time Resolution No. R-2022-127 was approved by the City Commission.
The Firm has devoted and will continue to devote extensive amounts of time to the City’s defense of the civil actions and it is virtually certain that the civil actions will continue to be litigated for several years.
The Firm has submitted the attached agreement for FY 2022 that would authorize the payment of fees in an amount not to exceed $800,000.00 for the matters set forth in the agreement. The Firm has submitted the attached invoice relating to its fees for the Pembroke Pines litigation case and it is envisioned that further fees will be incurred agreement for FY 2022
Section 38.41(C)(11)(i) of the Procurement Code exempts from the competitive bid and competitive proposal requirements of the Procurement Code contracts for professional services.
Fiscal Impact
Funding will be made available in the FY 2022 Operating Budget in account number 442.400101.53600.531220.000000.000.000.
The Department of Public Utilities will manage this project. No additional staff is needed as a result of this action.
Recommended for inclusion on the agenda by:
Keith Moran, Interim Director, Department of Public Utilities
Gus Zambrano, Assistant City Manager/Sustainable Development
Attachments:
• Resolution - Greenberg Traurig, P.A. Additional Fees FY2022
• R-2022-127 Greenberg Traurig P.A. Updated FY2022
• Updated Engagement Letter - Greenberg Traurig, P.A. Legal Services FY2022
• Invoice1000069562