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2012-060-1655 - Aggreko vs City 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 25, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Sonja K. Dickens, City Attorney Department: Office of the City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO RETAIN THE LAW FIRM OF OLDS, STEPHENS & HARPER, P.A. FOR LEGAL SERVICES IN CONNECTION WITH THE LITIGATION MATTER OF AGGREKO, LLC VS. CITY OF MIAMI GARDENS FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The City was served with a breach of contract complaint by Aggreko, LLC. Aggreko alleges that the City breached a written agreement for equipment, which was rented by the City for the 6th Annual Jazz in the Gardens Festival. The City purchased special events insurance coverage for Jazz in the Gardens through National Casualty Insurance Company. However, the insurance company has denied the City’s claim and refuses to cover the cost of litigation. The City Attorney’s Office intends to investigate whether a bad faith action against the insurance carrier for denying coverage should also be pursued. In the interim, the City ITEM K-2) CONSENT AGENDA RESOLUTION Retain The Law Firm of Old's, Stephens, & Harper P.A. 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 needs to retain counsel to protect its interests in the lawsuit filed by Aggreko, LLC. The City Attorney’s Office has funds available in its budget to cover the legal fees in this matter. The City Attorney recommends that Olds, Stephens & Harper, P.A. through Bradley Harper, Esq. be retained to handle this litigation matter. The law firm of Olds, Stephens & Harper has successfully represented the City in other litigation matters. Lastly, Olds, Stephens & Harper has agreed to represent the City under the same terms of previous agreements, and at the rate of $195 per hour. Proposed Action: That the City Council approve the attached Resolution. Attachment: