Loading...
7. 09/2/2024 Sugarloaf Fire Station Bryant Attorneysat Law Miller 1545 Raymond Diehl Rd Olive Suite 30 Tallahassee, FL 32308 Tel 850.222.8611 Fax 850.222.8969 September 24, 2024 "" " �a N t'1 Via email only: Shillinger-Bob@monroecounty-fl.gov Mr. Robert B. Shillinger,Jr. Monroe County Attorney 1111 12th St Ste 408 Key West, FL 33040-3005 Re: Fortress Secured, LLC, Unsolicited Proposal to Deliver Fire Station in Sugarloaf Key;BMO File No. 25009-007 Dear Bob: Bryant Miller Olive P.A. ("BMO") has been pleased to represent Monroe County ("County") on the referenced project ("Project") since July 2022. This letter follows our recent telephone conversation confirming that the County has completed the acquisition of the Project property (closing handled by Greg Oropeza) as well as the execution of agreements to settle earlier litigation (handled by Jeff Hochman) and the lease with Sugarloaf Wi-Fi, Inc. Thus, it finally can be said that the original idea of employing the P3 process to resolve old intractable problems has reached fruition. You will recall that, when engaged for this Project, BMO was wrapping up a project in Lee County where we represented Fortress Secured, LLC ("Fortress"). During the unexpectedly lengthy duration of this Project, the County has considered and granted BMO's requests for waivers of potential conflicts of interest presented by BMO representing Fortress on the following projects: • Everglades City fire station/EOC (August 2023) • Sumter County School District transportation maintenance facility (November 2023) • Clay County fire stations (January 2024) • Pinellas Suncoast Fire Rescue District fire stations (March 2024) An agreed condition of these waivers was the separation between (i) the Project and the responsible BMO lawyers (the undersigned and Ken Artin) and (ii) these other projects and the responsible BMO lawyers. This separation would last as long as the Project remained active. Fortress also agreed to this condition and granted waivers of any potential conflicts. Atlanta Jacksonville Miami Orlando - Tallahassee. Tampa Washington, D.C. Mr. Robert B. Shillinger,Jr. Monroe County Attorney September 24, 2024 Page 2 of 2 We now propose to end our engagement as counsel for the Project.We recognize that time remains before the ultimate fruition of the Project—a new fire station on Sugarloaf Key. But construction of that will not begin in earnest until early 2025 and not be completed until mid- 2026. In the short term, it would be efficient to devote BMO's most specialized P3 lawyers to negotiating and closing the other projects referenced above (Sumter Schools already has closed). We do not foresee any Project issues arising during this time. If issues were to arise during Project construction, we would not undertake any representation adverse to the County. If consistent with The Florida Bar rules, we would open a new matter for the County at that time. We appreciate the opportunity to represent the County. It ultimately was satisfying to overcome the unique challenges presented by the Project procurement process. We thank you and look forward to working with you again. Sincerely, BRYANT MILLER OLIVE P.A. Frederick J. Springer cc: Pedro J. Mercado (mercado-pedro@monroecounty-fl.gov) From: ShiUinger-Bob Sent: Tuesday, September 24, 2O243:O8PK4 To: Fred Springer Cc: Mercado-Pedro; DiNovo-Joseph; Ken Arin; [ampo`4bra Subject: RE: BK4(] + Sugarloaf project Attachments: 240924 Springer to Shillinger re completion of Sugarloaf matter (02759959).pdf Follow UpFlag: Follow up Flag Status: Flagged Fred: The letter looks good. I'm assuming you don't want me to sign anything since there was no signature block for me. Let this email constitute the County s agreement to the contents expressed therein. BobShiUinger County Attorney Monroe County Attorney'oOffice ~ 1111 12th Street, Suite 4O8 SM Key West, FL33O4O - `"~- (306) 292-3470 CITY, / ` (306) 292-3616 (faooimi|e) &LOCAL | GOVERNMENT LAW | L ——... |------- Note, Florida has broad public records law. Any information you send tothis address, including your contact information, may be subject to public disclosure. From: Fred Springer<f pringer@bmo|avvzom> Sent:Tuesday, September 24, 20242:49PM To: ShiUinger'Bob <ShiUinger'Bob@MonroeCounty'FL.Gov> Cc: Mercado-Pedro<Mercado'Pedro@MonroeCounty'FL.Gov>; DiNovo-Jooeph <DiNovo-Jooeph@MonroeCounty' FL.Gov>; KenArtin <kartin@bmo|avvzom> Subject: BMO +Sugarloaf project CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or � open attachments you were not expecting. Bob, o|casc see attached letter following our conversation last week. For convenience, I've referenced the other projects where the County granted waiver requests. The main purpose of this is to memorialize completion of the engagement for the Sugarloaf project. Thue, you do not need Lodo anythingbnrcsponscLoLhis. ThaLsaicivvcva|ucourrc|ationshipvvidhLhcCounLy, sop|casc do let nmc know if the County has any questions orconcerns. 1 Fred Springer 1 61117;][11pll 1 : .ffi!T' 0j " jjjj%(° '_j1'''_ 1545 Raymond Diehl Rd I Tallahassee,FL 323o8 Suite 300 (850)222-8611(0) 1 (850)559-0331(M) NOTICE:This email message is intended only for the addressee and may contain confidential information that is legally privileged.If you are not the intended recipient,you may not review,use,disseminate,or copy this message.If you have received this message in error,please notify us immediately by return e-mail or by telephone and delete this message. 2