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