Item S5 S.5
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: S.5
Agenda Item Summary #11754
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
No
AGENDA ITEM WORDING: Approval of conflict waiver with the law firm of Gray Robinson
(GR) to allow GR to represent the Florida Department of Management Services (DMS) in
connection with a transfer of a County owned cell tower to the State and authorization for the
County Attorney to sign a conflict waiver letter.
ITEM BACKGROUND: The County is in negotiations with the Florida Department of
Management Services (DMS) to transfer a County owned cell tower located on the Sigsbee portion
of NAS Key West to the State. The County has been advised that DMS will be represented by Gary
Resnick of the law firm of Gray Robinson. Other attorneys at Gray Robinson currently represent
the County on specific aspects of matters in litigation, including but not limited to the Galleon Bay,
as well as provides lobbying services to the County in Tallahassee.
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. Resnick 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 4/20/22, the BOCC approved a similar request for
conflict waiver for GrayRobinson with respect to the issuance of a line of credit for the airport
proj ect.
CONTRACT/AGREEMENT CHANGES:
N/A
Packet Pg. 2845
S.5
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: Upon approval
Expiration Date: None
Total Dollar Value of Contract: n/a
Total Cost to County: none
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: no If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
None
REVIEWED BY:
Bob Shillinger Completed 02/07/2023 3:37 PM
Bob Shillinger Completed 02/07/2023 3:37 PM
Purchasing Skipped 02/07/2023 3:37 PM
Budget and Finance Skipped 02/07/2023 3:37 PM
Brian Bradley Skipped 02/07/2023 3:37 PM
Lindsey Ballard Completed 02/07/2023 4:17 PM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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