Item P14
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: P.14
Agenda Item Summary #10492
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470
No
AGENDA ITEM WORDING: Approval of conflict waiver with the law firm of Gray Robinson
(GR) to allow GR to represent Bank of America in connection with bonds to be issues relating to the
Key West International Airport Concourse A and Terminal Improvements Program and authority for
the County Attorney or his designee to sign a conflict waiver letter.
ITEM BACKGROUND: On March 16, 2022, the Monroe County Board of County
Commissioners (BOCC) selected Bank of America as the manager of the underwriting syndicate for
the revenue bond issue for the Key West International Airport Terminal Concourse A Improvements
Program.
The County has been advised that Bank of American will be represented by Brian Fender of the law
firm of Gray Robinson. Mr. Fender serves as bond counsel for BoA. Other attorneys at Gray
Robinson currently represent the County on specific aspects of matters in litigation, including but
not limited to the Galleon Bay and Collins cases.
Florida Bar rules prevent an attorney and a law firm from representing one client in a matter adverse
to another client. However, the law firm may represent both clients if the attorneys believe that
representation of one client will not adversely represent the responsibilities to the other client, and if
both clients consent in writing. Note, Mr. Fender has not nor will be representing the County on any
matter.
Gray Robinson is requesting a conflict waiver from the County. The County Attorney believes that
the potential for an actual conflict is remote and seeks the authority to sign a conflict waiver on
behalf of the County for this transaction.
PREVIOUS RELEVANT BOCC ACTION: On 1/17/2018 approved a similar request for conflict
waiver from the law firm of Bryant Miller Olive (BMO), to allow BMO to represent PNC Bank for
purpose of negotiating a $40 million Line of Credit with the County.
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
GR ROGO Waiver 4.4.22
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
None
REVIEWED BY:
Bob Shillinger Completed 04/05/2022 5:06 PM
Pedro Mercado Skipped 04/05/2022 5:05 PM
Purchasing Skipped 04/05/2022 5:05 PM
Budget and Finance Skipped 04/05/2022 5:05 PM
Brian Bradley Skipped 04/05/2022 5:05 PM
Lindsey Ballard Completed 04/05/2022 5:09 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
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B OCA R ATON
301 S OUTH B RONOUGH S TREET
F ORT L AUDERDALE
S UITE 600
F ORT M YERS
P OST O FFICE B OX 11189 (32302-3189)
G AINESVILLE
T ALLAHASSEE, F LORIDA 32301
J ACKSONVILLE
TEL 850-577-9090
FAX 850-577-3311
K EY W EST
Dean Cannon
gray-robinson.com
L AKELAND
President and CEO
M ELBOURNE
Dean.Cannon@Gray-Robinson.com
M IAMI
N APLES
O RLANDO
T ALLAHASSEE
T AMPA
April 4, 2022
W ASHINGTON, DC
W EST P ALM B EACH
Robert Shillinger
Monroe County Attorney
1111 12th St.
Suite 408
Key West, FL 33040
Reference: conflict waiver
Dear Bob,
As you know, our firm currently represents Monroe County in connection with certain litigation
cases (including Galleon Bay and Collins/Davis) related to the of growth pursuant
to an agreement dated May 11, 2021 (collectively the
Recently, one of our bond finance attorneys was approached to provide legal counsel to a financial
institution in connection with bonds to be issued relating to the airport in Monroe County (the
bond finance work. The bond finance attorney is not working on the ROGO cases.
Because the subject matter of the airport bond finance work is unrelated to the ROGO litigation,
and because the attorney working on the airport bond finance work is not working on the ROGO
litigation, we do not believe the airport bond finance work would constitute a conflict. However,
in an abundance of caution, we wanted to bring this matter to your attention and seek whatever
waiver or approval is appropriate. Would you let us know, and/or initiate whatever action is needed
to make sure we are in compliance with the requirements?
We very much value our long-standing relationship with Monroe County, and look forward to
continuing that for many years. As always, feel free to call me at any time with any questions.
Best regards,
Dean
RDC/ldm
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