Waiver of Conflict of Interest 1
% BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Danny L. Kolhage, District 1
J _ Mayor Pro Tem Heather Carruthers, District 3
George Neugent, District 2
The Florida Keys David Rice, District 4
Sylvia J. Murphy, District 5
Robert B. Shillinger, County Attorney ** Office of the County Attorney
Pedro J. Mercado, Assistant County Attorney ** 1111 12` Street, Suite 408
Natileene W. Cassel, Assistant County Attorney ** Key West, FL 33040
Cynthia L. Hall, Assistant County Attorney ** (305) 292 -3470 — Phone
Christine Limbert- Barrows, Assistant County Attorney ** (305) 292 -3516 — Fax
Derek V. Howard, Assistant County Attorney **
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney **
Peter H. Morris, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
October 26, 2015
Ira Libanoff, Esquire
Ferencik Libanoff Brandt Bustamante and Goldstein, P.A.
150 S. Pine Island Road, Suite 400
Plantation, Florida 33324
Re: Waiver of Conflict of Interest arising out of representation of Berkley Regional Insurance Company
and Monroe County.
Dear Mr. Libanoff:
As we discussed, Berkley Regional Insurance Company (Berkley) is the surety that issued the
payment and performance bond to Construct Group Corp. and is an adversarial party to Monroe County in
the cases styled as Monroe County v. Construct Group Corp. and Berkley, Case No. 15-CA- 000844-
A001KW, and Construct Group Corp. v. Monroe County, Case No. 15 -CA- 000563 -P, both in which you
and your firm Ferencik Libanoff Brandt Bustamante and Goldstein, P.A. ( "FLBBG ") represent Monroe
County.
As you explained, you and FLBBG represent Berkley in the case styled as Hernandez Construction,
LLC v. Berkley, Case No. 15- 008273 CA 01, pending in the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida. Your client in the Hernandez matter is the indemnitor on the bond issued by Berkley
to Hernandez Construction and Berkley then tendered the defense of the claim to your client (the
indemnitors), who then retained you to represent them since they have the duty to indemnify, defend and
hold Berkley harmless from the claim by Hernandez Construction. Thus, as you further explained while
technically you represent /defend Berkley, you are actually representing the indemnitors.
You have advised me that Berkley has agreed to waive any conflict in regard to your representation
of Berkley and also your representation of Monroe County in regard to its lawsuit against Berkley as part of
the Construct Construction Corp. lawsuits. Pursuant to the Rules of the Florida Bar, both parties involved
in any conflict situation must agree to waive the conflict.
Pursuant to the above, and in accordance with our discussions, this letter shall confirm that Monroe
County, has agreed to waive any conflict of interest that may exist in regard to either you or FLBBG
representing Monroe County in the case styled as Monroe County v. Construct Group Corp. and Berkley,
Case No. 15 -CA- 000844- A001KW, or the case styled as Construct Group Corp. v. Monroe County, Case
Ira Libanoff, Esquire
October 26, 2015
Page 2
No. 15 -CA- 000563 -P both pending in the Sixteenth Judicial Circuit in and for Monroe County, Florida, and
you or FLBBG representing Berkley in the matter styled Hernandez Construction, LLC v. Berkley, Case
No. 2015- 008273 CA 01, pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida.
This waiver of conflict shall cover any and all claims and is provided pursuant to the applicable
Rules Regulating the Florida Bar, Rules of Professional Conduct governing and covering conflicts of
interest. This waiver of conflict of interest is retroactive to the date of filing of the all of the lawsuits
referred to in the preceding paragraphs. Please execute this waiver and provide a copy of the fully executed
copy to me.
Should you have any questions or if there is anything additional we need to discuss, please contact
me.
The undersigned is authorized to execute this waiver of conflict of interest on behalf of Monroe
County, Florida and hereby agrees to such waiver.
Sincerely,
/2/ 417
' obe i B. Shillinger, Esq ire, County Attorney
•
Ira Libanoff,
Ferencik Li'fanoff Brandt Bustamante and Goldstein, P.A.
150 S. Pine Island Road, Suite 400
Plantation, Florida 33324