Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Payment Of Attorneys’ Fees To GrayRobinson, P.A. For Legal Services In The ICON Office Building Property Litigation And The Brandt Litigation In An Additional Amount Not To Exceed $75,000.00, Bringing The Total Amount Authorized For FY2018 To $175,000.00.
Body
Staff Recommends: Approval of the Resolution.
Explanation:
GrayRobinson, P.A. (“the Law Firm”) is defending the City against claims of environmental contamination on the proposed ICON Office Building property, which was conveyed by the City to a developer. These claims are now the subject of litigation known as Berman Development Group, LLC, et al. v. City of Hollywood et al. Although the parties are close to an agreement that would settle this litigation, they have not yet finalized that agreement.
The Law Firm is also defending the City in litigation in federal court known as Brandt v. City of Hollywood. This case involves allegations that the City provides inadequate disabled parking spaces in some of its facilities in violation of federal and state law.
Section 38.40(C)(2) of the Code of Ordinances exempts from the competitive bid and competitive proposal requirements of the Purchasing Ordinance contracts for professional services. In December 2017, the City Commission adopted Resolution No. R-2017-355, which authorized the payment of attorneys’ fees to the Law Firm in the ICON litigation in an amount not to exceed $100,000.00. In view of the considerable amount of legal services being rendered by the Law Firm in both the ICON litigation and the Brandt litigation, the City Attorney recommends that the City Commission approve attorneys’ fees in an additional amount not to exceed $75,000.00, bringing the total amount authorized for FY2018 to $175,000.00.
The CRA is named as a co-defendant in the ICON litigation and has agreed to share equally in the attorneys’ fees paid to the Law Firm for that case, but the CRA is not involved in the Brandt litigation.
It is expected that on the same day on which the City Commission is adopting this resolution, the CRA Board is adopting a similar resolution approving attorneys’ fees for FY 2018, for legal services in the ICON litigation, in an additional amount not to exceed $50,000.00.
Recommended for inclusion on the agenda by:
Douglas R. Gonzales, City Attorney
Dr. Wazir A. Ishmael, City Manager