HomeMy WebLinkAboutR-2022-064 Roberts, Reynolds, Bedard & Tuzzio Additional Funding for Trial and Appellate Attorney's Fees for CFRD v. DB and to Exceed $25KRESOLUTION NO.2022-064
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE APPROVAL OF TRIAL AND
APPELLATE ATTORNEY'S FEES TO ROBERTS, REYNOLDS, BEDARD &
TUZZIO, PLLC, IN THE AMOUNT OF ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS ($175,000.00) AND TO EXCEED THE ANNUAL
VENDOR TOTAL AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00); AUTHORIZING SUCH PURCHASES TO BE MADE FROM
THE CITY'S RESERVES ACCOUNT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection (a), sets the monetary threshold at Twenty -Five Thousand Dollars ($25,000.00) for a
vendor each fiscal year; and
WHEREAS, the City is involved in litigation entitled: Citizens for Responsible
Development v. City of Dania Beach, under Case No. 14-019078(21) (17'h Jud. Cir. 2014); and
WHEREAS, the City is involved in the appellate litigation entitled: Citizens For
Responsible Development, Inc and Herbert Simpson v. City of Dania Beach, Appellate Court
Case No. 4D2021-1306 (4t' DCA 2021); and
WHEREAS, in the above referenced litigation, the City was sued over its decision to
approve the development agreement for the Dania Beach Casino, including certain allegations
relating to public records law, sunshine law and a declaratory relief request to overturn the
development agreement; and
WHEREAS, the City's defense trial litigation budget, appeal budgets (for both cases, and
a possible appeal to the Florida Supreme Court) is estimated to cost $175,000.00; and
WHEREAS, the attorney's fees and costs associated with this litigation exceed the
annual vendor amount of Twenty -Five Thousand Dollars ($25,000.00) threshold for a single
vendor, thereby requiring City Commission approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to approve the litigation
budget of $175,000.00, including costs through appellate review for Roberts, Reynolds, Bedard
& Tuzzio, PLLC,
Section 3. - That funding for the litigation costs shall be made available by an
appropriation of General Fund reserves as follows:
a) Revenue — 001-00-00-389-90-01 - Other Sources: Appropriated Fund Balance
+$175,000.00
b) Expenditures — 001-14-01-514-31-23 - Prof. Services Dania Jai Alai Litigation
+$175,000.00
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective upon its passage and adoption.
PASSED AND ADOPTED on April 26, 2022.
ATTEST:
S r
THOMAS SCHNEIDER, CMC TAMARA
CITY CLERK.' MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
IjVV A. B UTSIS
VYATTORNEY
2 RESOLUTION #2022-064