Item P7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1 / 19/ 12 - KW
Bulk Item: Yes No xx
Division:. County Attorney
Staff Contact: Bob Shillinger, #3470
AGENDA ITEM WORDING: Approval of a Resolution authorizing and consenting to the dual
representation by the County Attorney's office and the Ivey West City Attorney's office of both
Monroe County and the City of Key West in the matter of SUNSET MARINA RESIDENCES OF KEY
WEST CONDOMINIUM ASSOCIATION, INC., V. CITY OF KEY WEST, MONROE C'OIINT'Y, AND
THE FLORIDA KEYS O UTREA CIS' COALITION, CASE NO.: 2011-CA-911-K.
ITEM BACKGROUND: In 2004, the City and the County entered into an agreement whereby the
City operated the Keys Temporary Overnight Homeless Shelter (KOTS) on County owned property
adjacent to the Monroe County Detention Center. In the agreement, the City agreed to defend the
County against suits arising from the operation of KOTS. A nearby property owner has sued the City
and the County over the operation of KOTS. The resolution authorizes dual representation by the City
and the County by the City Attorney and the County Attorney, and their respective assistants.
Attorneys representing multiple clients in the same action are required by Rule 4-1.7 of the Rules of
Professional Conduct to obtain the written consent of each client to the dual representation. The Ivey
West City Commission is considering a similar resolution. THIS ITEM SHOULD BE TAKEN UP
AFTER TH E CLOSED SESSION WITH THI COUNTY ATTORNEY,
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A INDIRECT COST: Est. @ $2,500 in staff time BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: NIA
SOURCE OF S: NIA
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year
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APPROVED BY: Count Atty. OMB/Purchasing Risk Management
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DOCUMENTATION: Included x Not Required
DISPOSITION:
Revised 2/05
AGENDA ITEM #
RESOLUTION NO. - 2012
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING AND CONSENTING TO THE DUAL
REPRESENTATION BY THE COUNTY ATTORNEY'S
OFFICE AND THE KEY WEST CITY ATTORNEY'S
OFFICE OF BOTH MONROE COUNTY AND THE CITY
OF KEY WEST IN THE MATTER OF SUNSET MARINA
RESIDENCES OF KEY WEST CONDOMINIUM
ASSOCIATION, INC., V. CITY OF KEY WEST, MONROE
COUNTY, AND THE FLORIDA KEYS OUTREACH
COALITION, CASE NO.: 2011-CA-911-K.
WHEREAS, Monroe County and the City of Ivey West have been named as co-
defendants in the matter of SUNSET MARINA RESIDENCES OF KEY WEST CONDOMINIUM
ASSOCIATION, INC., V. CITY OF KEY WEST, MONROE COUNTY, AND THE FLORIDA
KEYS OUTREACH COALITION, Case No.: 2011-CA-911-K; and
WHEREAS, the subject matter of that litigation is the operation of the Keys overnight
Temporary Shelter ("KOTS") by the City on County owned property; and
WHEREAS, the City and County entered into an agreement effective March 22, 2004
wherein the City would operate DOTS on County owned property and, as part of that agreement,
the City agreed that it would, inter alia, hold the County harmless and defend against any and all
claims made that arise out of or attributable to the City's operation of the premises; and
WHEREAS, that agreement was renewed in 2009 with indemnification terms that are
substantially similar if not identical to the terms set forth in the original agreement; and
WHEREAS, the interests of the County and the City in defending the suit are aligned
and not in conflict; and
WHEREAS, the County Attorney's office has advised the Commission in executive
session of the potential for any conflict of interest between the City and the County that may
arise during or subsequent to the litigation may result in disqualification of both the City and
County Attorney's offices; and
WHEREAS, Rule 4-1.7 of the Florida Bar's Rules of Professional Conduct permits dual
representation of two clients in a matter where the representation does not involve the assertion
of a position adverse to one of the clients in the matter; and
WHEREAS, the Rule 4-1.7 of the Rules of Professional Conduct requires that consent to
dual representation be memorialized in writing; and
WHEREAS, the dual representation of both the City and the County by both the Key
West City Attorney' s office and the Monroe County Attorney' s Office would be in the best
interests of the taxpayers;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
1. The Board consents to the dual representation of the City of Ivey West and the
County Commission by the Ivey West City Attorney's office and the County
Attorney' s office in the matter of SUNSET MARINA RESIDENCES OF KEY
WEST CONDOMINIUM ASSOCIATION, INC., V. CITY OF KEY WEST,
MONROE COUNTY, AND THE FLORIDA KEYS OUTREACH COALITION,
CASE NO.: 2011-CA-911-K.
2. The County waives any conflict of interest so as to allow the City Attorney and the
County Attorney, and their respective assistants, to jointly represent both entities in
Case Number 2011-CA-911--K.
3. This Resolution shall go into effect immediately upon its passage and adoption of
authentication by the signature of the presiding officer and the Clerk of the
Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on January 19, 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
(Seal) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
BY:
BY:
Deputy Clerk Mayor David Rice
COU14i'Y rTTOR' Y
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