Waiver of Conflict 01/31/2013 •
•
BOARD OF COUNTY COMMISSIONERS
County of Monroe )i� Mayor Sylvia 1.Murphy,District 5
772! Mayor Pro Ten Danny L.KalhagF District 1
.he Florida y�,,,, 3 George Neugent,District 2
Keys Heather Carruthers,District 3
David Rice,District 4
Robert B.Shillinger,County Attorney** Office of the County Attorney
Pedro J.Mercado,Assistant County Attomey" 1111 12th Street,Suite 408
Susan M.Glimsley,Assistant County Attorney" Key West,FL 33040
Natileene W.Cassel,Assistant County Attorney** (305)292-3470—Phone
Cynthia L Hall,Assistant County Attorney" (305)292-3516—Fax
Christine Limbert-Barrows,Assistant County Attorney"
Derek V.Howard,Assistant County Attorney"
Lisa Granger,Assistant County Attorney
Steven T.Williams,Assistant County Attorney
"Board Certified in City.County&Local Govt.Law
February 3, 2014
Mr. John R.Jenkins, Esq.
Nabors Giblin&Nickerson
1500 Mahan Drive, Suite 200
Tallahassee, FL 32308
Re: North Key Largo Utility Corp.;
Irrigation Water Tank Funding Agreement
Dear Mr. Jenkins:
On January 31,2013,the Monroe County Board of County Commissioners approved the
Conflict Waiver Letter re: North Key Largo Utility Corp./Irrigation Water Tank Funding Agreement
and authorized it's execution by the County Attorney(Item G-1). I have enclosed the scanned copy of
the Conflict Waiver Letter that was electronically provided that has been originally executed by the
County Attorney for your records.
Thank you. Have a wonderful day!
Sincerely,
Kathy Peters, Paralegal/Administrative Liaision for:
BOB SHILLINGER
County Attorney
BSkmp:
Enclosures: One(1) Conflict Waiver Letter originally executed by the County Attorney
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December 30,2013
Bob Shillinger,Esq.
County Attorney
Monroe County Attorey's Office
1111 12th Street,Suite 408
Key West,FL 33040
Re: North Key Largo Utility Corp.;
Irrigation Water Tank Funding Agreement
Dear Bob,
North Key Largo Utility Corp. ("NKLU") is a member-owned cooperative serving
wastewater customers in and adjacent to the Ocean Reef Club on Key Largo. Since its
incorporation,I have worked with the Company on a variety of utility matters including fimding
for system capital improvements. Since 2012, I have been associated with the law firm of
Nabors,Giblin&Nickerson P.A. ("NON". From time to time NON has acted as bond counsel
and provided advice on local government issues to Monroe County.
In 2007, as part of its wastewater treatment plant upgrade, NKLU entered into an
agreement with the South Florida Water Management District pursuant to which NKLU agreed
to supplement its highly treated wastewater effluent irrigation system with water produced by a
system of raw water wells,reverse osmosis treatment system and chlorine contact tank. Use of
these alternative irrigation water sources furthers the County's water conservation goals and
conserves potable water supply in the Florida Keys. As a part of this alternative water supply
irrigation system, NKLU intends to build, and the County will assist in funding, a 4.0 million
gallon water storage tank and related treatment system improvements. The parties have reached
substantial agreement on the terms of this arrangement, and County staff has prepared a draft
funding agreement.
--- - -- In representing NKLU regarding this funding mrangemea4 NON may be involved in
issue identification; review, revise, and finalize the funding agreement advice to the Company
on existing loan requirements; and legal counsel on related matters. As actual funding is not
anticipated until late 2014,no closing issues need be addressed at this time.
When a lawyer becomes associated with a new firm,as I have with NON,the Florida Bar
Rules of Professional Conduct state that the firm may not knowingly represent a person in the
r
Bob Shitlinger,Esq.
December 30,2013
Page 2
same or a substantially related matter in which that lawyer(or a firm with which the lawyer was
associated), had previously represented a client whose interests are materially adverse to that
person, and about whom the lawyer had acquired confidential information that is material to the
matter at hand. However, the Rules do allow such representation if each affected client gives
informed consent,confirmed in writing. NGN and I will be prohibited from representing NKLU
in this matter unless you provide informed,written consent I have attached relevant provisions
of the Rules of Professional Conduct in the event you wish to review them.
The purpose of this letter is to confirm agreement by the County that NGN may represent
NKLU in the matter described above, and that County agrees to waive any conflict of interest
arising out of,and that you will not object to,this representation.
If you need to edit the terms of this letter, or wish to discuss any related issues, please
contact me at your earliest convenience. I have copied David Ritz,President of NKLU,with this
letter, and I will provide to you a similar letter that I am sending to NKLU to seek a waiver of
conflict from the Company. Once you are satisfied with this conflict waiver, please sign and
return the enclosed copy of this letter.
Sincerely,
N, �,C LKfr ,o (Qdv
09 ho R.Jenkins
For the firm i o
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cc: Mr.David Ritz =FT 'r rt'
Steve Miller,Esq. - co ..,
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Enclosure
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County Attorneyno
Monroe County y's Office e
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Bob hillinger,Esq.
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