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Home My WebLink AboutR-2015-030 - Authorized an amount not to exceed $125,000.00 to be used for the defense of the City & Officials relating to two court cases by Citizens for Responsible Development, Inc. (2) RESOLUTION NO. 2015-030 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO APPROPRIATE AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00) IN AVAILABLE FUNDS FROM THE GENERAL FUND - UNASSIGNED FUND BALANCE ACCOUNT, TO BE USED FOR THE DEFENSE OF THE CITY AND CITY OFFICIALS BY THE LAW FIRM OF ROBERTS, REYNOLDS, BEDARD & TUZZO, PLLC, RELATING TO TWO SEPARATE BROWARD COUNTY CIRCUIT COURT CASES ENTITLED "CITIZENS FOR RESPONSIBLE DEVELOPMENT, INC. VS. CITY OF DANIA BEACH, FLORIDA", AND "CITIZENS FOR RESPONSIBLE DEVELOPMENT, INC. VS. THE CITY OF DANIA BEACH AND WALTER B. DUKE, III", RESPECTIVELY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Preferred Governmental Insurance Trust ("PGIT") and Summit Insurance Company, the City's insurers, have advised the City that the City's coverage for defense costs of $100,000.00, together with the City's deductible for a total of$115,000.00, has been exhausted for the two litigation cases identified above, pertaining to City approvals for "Dania Beach Jai Alai" facility's redevelopment; and WHEREAS, on February 9, 2015, a letter was sent to the City from defense counsel Lyman H. Reynolds, Jr., outlining the need for the amendment of the Fiscal Year 2014-2015 City budget in order to pay for defense costs of the two Broward County Circuit Court cases identified above; and WHEREAS, it is necessary for the City Administration to appropriate funds for the defense in the cases for future attorney fees, costs, and potential expert fees; and WHEREAS, the City Administration recommends that the City Commission authorize the appropriation; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "Whereas" clauses are true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves and authorizes an appropriation of funds in an amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00) in available funds from the General Fund - Unassigned Fund Balance Account, to be used for the defense of the City and City officials by the Law Firm of Roberts, Reynolds, Bedard & Tuzzo, PLLC, for costs of such litigation and related matters, including but not limited to, expert witnesses and court costs, based on anticipated legal services associated by defense counsel in his February 9, 2015 letter (a copy of which is attached as Exhibit "A", and made a part of and incorporated into this Resolution by this reference) relating to two separate Broward County Circuit Court cases entitled Citizens For Responsible Development, Inc. vs. City of Dania Beach, Florida, and Citizens For Responsible Development, Inc. vs. the City of Dania Beach and Walter B. Duke, III, respectively. Section 3. That the City Administration is authorized and directed to amend the approved 2014-2015 Fiscal Year's City budget as follows: Appropriation of funds from: General Fund Account, Account No. 001-00-00-389-90-01 $125,000.00 Appropriation of funds to: Legal Department Account, Account No. 001-14-01-514-31-23 $125,000.00 Section 4. That this funding appropriation represents estimated litigation costs that may be incurred in Fiscal Years 2014-2015 and 2015-2016, and therefore, the unused portion of this funding as of September 30, 2015, shall be assigned for the specific purpose of funding relating to the litigation costs for the legal cases, which portion will be carried over as an additional budget appropriation in the 2015-2016 Fiscal Year budget. Upon the conclusion of the legal actions, any remaining funds will be returned to the General fund, Unassigned Fund Balance Account. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION#2015-030 Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 14, 2015. ATTEST: LOUISE STILSON, CMC CO A. SALVINO, SR. CITY CLERK MAYOR Is APPROVED AS T ORM AND CORRECTNESS: ®� THOMA J. AN CITY ATTORN Y 3 RESOLUTION#2015-030 ROBERTS, REYNOLDS, BEDA.RD &TUZZIO, PLLC L A W Y E R S GEORGE P.ROBERTS.JR. Oftaunlel 470 COLUMBIA DRIVE-SUITE CIO 1 LYMAN H.REYNOLD&RL WEST PALM BEACH,FL 33409 Dow Comm Cry;]TA.I La"er TELEPHONE(561)688-6560 PARALEGALS BENJAMIN L.BEDARD FACSIMILE(561)688-2343 KATHRYN L.REEVES Bard Corlided Civil Trial Lawyer JENNIPER G.WHMALL MICAEELE L SMITH GERARD A TUZZIO REBECCA I.DAVIS 7501 WILES ROAD-SUITE 201 T;FPANJET.WALLEN LAURAS.SWARD CORAL SPRINGS.FL 33067 EL EKUZH"AY DANNA P.CLEMENT TELEPHONE(954)656-8388 JESUS DELAROSA ABBY J.GOLDMAN FACSIMILE(954)656-8389 SHELU A.HEALY ANDREA G.AMIGO PLEASE REPLY TO: JEFMY W HURCOMB 5237 SUMMERLIN COMMONS BLVD, WEgT PALM BEACH STEPHANIE W.I;AUM SUITE 323 BRITTAWH.JACOBS FT.MYERS,FL 33907 STEPHEN T.RADFORD TELEPHONE(239)275-2268 MARGUERITE F.CHARLSON NICHOLAS S.MADSEN SHANNON L.MARI ONA RRBPA.COM JASON B.VRSENSKY— Board Certified Coagrucom Law XPYSTAL MM04AMDEZ KEIPH R.MORICK VANESTI E BROWN February 9,2015 Confidential matter exempt from disclosure or inspection per FS 119.07, 768.28& 768 341 VIA EMAIL: tansbroCaW.danis-beaeh.fLus Tom Ansbro,Esq. City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FL 33004 Re: Citizens,et al.,v. City of Dania Beach Summit Claim No:GO-0675 PGCS Claim No.: 215157 Our File No.: 12-120 Re: Citizens,et al.,v. City of Dania Beach&Duke Summit Claim No.:GO-0675 PGCS Claim No.: 215157 Our File No.: 14-358 Dear Mr.Ansbro: This letter will confirm the original suit by Citizens against the City of Dania Beach was filed in 2012,and we are currently operating on Plaintiffs'Fourth Amended Complaint. The case remains pending and, in fact, Citizens has filed a Writ of Certiorari challenging the City's latest Development Agreement vote. Subsequently in 2014 Citizens filed a separate related lawsuit against the City and former Mayor Walter Duke,alleging violations of the Public Records Act,to EXHIBIT "A" r � t which we have filed Motions to Dismiss and Plaintiffs'counsel has advised they are in the process of preparing an Amended Complaint on these issues. This will confirm PGIT and Summit have advised the City that the City's coverage for defense costs of$100,000.00, together with the City's deductible for a total of$115,000.00, is about to be exhausted. Therefore, it will be necessary for the City to budget and pay for the continued defense of these cases. It is an anticipated the City should budget $125,000.00 for attorney's fees, costs, and potential expert fees for the continued defense of these two separate cases as well as the pending Writ of Certiorari. It is always difficult to project the costs of litigation as one does not know whether or not the other side will become reasonable in their approach to the prosecution of this matter or if the City will continue to be subjected to numerous hearings, depositions,and public records requests. I have estimated the anticipated funds necessary for budgeting based upon the other side's apparent high motivation in continuing the prosecution of these matters through all avenues of litigation available to them. I hope this provides the City with a basis for its anticipated budgeting purposes as it relates to the instant litigation. If you have any questions whatsoever, please do not hesitate to contact me. With best regards, L tO S,JR. For the Firm LHR,jr./rls cc: Joan Lampkin,City,via email:jlamQkinOlci.dania beach.S.us