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HomeMy Public PortalAbout16-9223 Execute a Waiver of Conflict w/Genovese Joblove & Bapttista PA Sponsored by: City Attorney RESOLUTION NO. 16-9223 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO EXECUTE A WAIVER OF CONFLICT WITH GENOVESE JOBLOVE & BATTISTA, P.A., (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City engaged the services of Genovese Joblove and Bsttista, P.A. on March 14, 2016, to handle certain agreed upon matters and upon agreed upon terms ); and WHEREAS, Genovese Joblove & Battista, P.A. currently represents Waste Management, Inc. of Florida, who is number one ranked proposer for RFP 16- 3103200; and WHEREAS, RFP 16-3103200 is currently the subject of a bid protest filed by the number 2 ranked propose; and WHEREAS, Genovese Joblove Battista, P.A., hereby request the waiver of conflict as set forth in EXHIBIT "A" to represent the interest of Waste Management, Inc., of Florida in the bid protest of RFP 16-3103200; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Attorney is hereby authorized to execute the waiver of conflict as set forth in EXHIBIT "A". Section 3. This Resolution shall take effect upon adoption by the City Commission, and subject to the final approval by State of Florida Financial Oversight Board for the City of Opa-locka, FL. Resolution No. 16-9223 PASSED AND ADOPTED this 27th day of July, 2016. /f yra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Jo a Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: VICE MAYOR HOLMES Seconded by: COMMISSIONER SANTIAGO Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES GENOVESE JOBLOVE, Richard.Sarafan Direct Line: 305.349.2318 $AT T I S TA Telefax:305.428.8828 P.A. Email:rsarafan(aigib-law.com ATTORNEYS AT LAW July 13, 2016 Via Email vtblaw(aibellsouth.net Vincent Brown, Esq. City Attorney City of Opa-Locka, Florida 780 Fisherman Street, 4th Floor Opa Locka, FL 33054 Re: Conflict Waiver- Representation of Waste Management of Florida with Respect to RFP No. 163103200 Dear Mr. Brown: As you know, by letter dated March 14, 2016, our firm ("Genovese Joblove & Battista, P.A." or "GJB") agreed upon certain terms for retention by the City of Opa-Locka ("City") in connection with certain matters, subject to the express requirement that no work would be authorized or performed without advance written approval of a proposed scope of work. No such written approval has been provided and accordingly we have not undertaken same. As you also know, GJB has previously represented Waste Management Inc. of Florida ("Waste Management") in various matters. It has come to our attention that there has been a bid protest filed regarding RFP No. 163103200 (the "RFP") for the provision of residential and commercial solid waste collection and disposal services where Waste Management was the successful bidder. Pursuant to the Rules Regulating The Florida Bar, including Rule 4-1.7 of the Rules of Professional Conduct; Client- Lawyer Relationship (the "Rules"), absent consent of the parties involved, we may not represent a client if the representation will be materially limited by our responsibilities to another client. Accordingly, although we do not believe that GJB's representation of Waste Management regarding the RFP will be materially limited by, or will materially limit our representation of, the City, we nonetheless seek your acknowledgment of the potential conflict and waiver thereof. We are requesting the same of Waste Management. In addition to the fact that, as of this date, we have not effectively been retained by the City to provide any services, we believe it is reasonable and proper for the City to consent to our representation of Waste Management in the RFP protest, and to waive any potential conflict, because the interests of Waste Management and the City appear closely aligned at this time. 100 Southeast Second Street,44th Floor•Miami,Florida 33131 •Telephone:305.349 2300•Facsimile 305.349.2310 Vincent Brown, Esq. City Attorney July 13, 2016 Page 2 Specifically, it is our understanding that both Waste Management and the City oppose the arguments of the bid protester. We have reviewed this issue consistent with the Rules, and we believe that Genovese Joblove & Battista, P.A. will be able to provide competent and diligent representation of Waste Management and such representation should not interfere with our separate, independent professional judgment regarding our potential future representation of the City. If acceptable to you, please sign below confirming the City's consent to our representation of Waste Management in the RFP protest and its waiver of any potential conflict. Please contact me if you have any questions or comments in regard to this matter. We urge the City to discuss the terms and ramifications of this letter with you as their independent legal counsel. Upon receipt of the signed copy of this letter, and a similar consent/waiver from Waste Management, we will proceed with the representation of Waste Management with respect to the RFP. Thank you. Very truly yours, GENOVESE JOBLOVE &BATTISTA,P.A. airc) By: Richard Sarafan THE ABOVE IS AGREED AND ACCEPTED: City of Opa-Locka By: Vincent Brown, Esquire Dated: (10819-004125802991#145) GENOVESE JOBLOVE & BATTISTA,PA. • 100 Southeast Second Street,44th Floor•Miami,Florida 33131 •Telephone:305.349.2300•Facsimile 305.349.2310