R24-097 I RESOLUTION NO. R24-097
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, WAIVING A POTENTIAL CONFLICT OF INTEREST
5 RELATING TO GRAYROBINSON'S REPRESENTATION OF THE TOWN OF GULF
6 STREAM IN REGARDS TO A BULK WATER AGREEMENT AND ITS
7 REPRESENTATION OF THE CITY IN UNRELATED MATTERS; PROVIDING AN
8 EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the City of Boynton Beach is represented by GrayRobinson, P.A. (the "firm") as
11 Outside Counsel for Labor and Employment investigations; and
12 WHEREAS, the firm desires to represent the Town of Gulf Stream in regard to a bulk water
13 agreement with the City of Boynton Beach.The firm requests that the City of Boynton Beach waive
14 any potential conflict and has stated that it is able to provide competent and diligent
15 representation to both the City of Boynton Beach in unrelated matters and the Town of Gulf
16 Stream in the matter described herein; and
17 WHEREAS, the firm agrees that it will notify and obtain consent from both the Town of
18 Gulf Stream and the City of Boynton Beach with respect to future matters where the firm may
19 represent either party in a dispute with the other party; and
20 WHEREAS, the firm has also sought written consent from the Town of Gulf Stream and
21 has agreed to waive this potential conflict under the conditions outlined herein; and
22 WHEREAS, the City of Boynton Beach desires to waive the potential conflict of interest
23 between the City of Boynton Beach and the firm; and
24 WHEREAS, the Commission, upon recommendation of staff, has deemed it to be in the
25 best interests of the citizens and residents of the City to waive a potential conflict of interest
26 relating to the firm's representation of the Town of Gulf Stream in regards to a bulk water
27 agreement with the City of Boynton Beach.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
30 BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 waive the potential conflict of interest between the City and GrayRobinson, P.A., as provided in
35 the waiver attached hereto as Exhibit "A".
36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
37 authorizes the City Manager to execute a written waiver and such other related documents as may
38 be necessary to accomplish the purpose of this Resolution.
39 SECTION 4. Upon the City Manager executing the waiver, the City Clerk shall retain one
40 fully executed original as a public record. A copy of the fully executed waiver shall be provided to
41 Rismerling Gomez for forwarding to GrayRobinson, P.A.
42 SECTION 5. This Resolution shall take effect in accordance with law.
43 PASSED AND ADOPTED this 7th day of May 2024.
44 CITY OF BOYNTON BEACH, FLORIDA
45 YENO
46 Mayor-Ty Penserga
47
48 Vice Mayor-Aimee Kelley
49 /
50 Commissioner-Angela Cruz ,/
51 ✓
52 Commissioner-Woodrow L. Hay
53 ✓
54 Commissioner-Thomas Turkin
55
56 VOTE C-0
57 AT sT:
58 _ `--T----
59 I I,. A
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60 Mayle• D• esus, MP a, MMC Ty Pens- •a
61 City C er Mayo-
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62 rDyr1T0N BF%,1
63 ;'�;•**P ATf'••:9� 'i APPROVED AS TO FORM:
64 (Corporate Seal) O.. •'• �a
65 $ 1-: B �RP\E�: $ n/
66 %J';
GRAYROBINSON
Stephanie Marchman I stephanie.marchman@gray-robinson.com I D 352.283.1522
643 SW 4th Avenue, Suite 110, Gainesville, Florida 32601 I T 352.376.6400 I F 352.376.6484
April 29, 2024
VIA E-MAIL
Shawna Lamb, City Attorney
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, Florida 33435
Re: Waiver of Potential Conflict of Interest
Dear Ms. Lamb:
Our Firm has been requested by the Town of Gulf Stream, Florida ("Gulf Stream")to represent
them in connection with negotiating a bulk water agreement with the City of Boynton Beach, Florida
("Boynton Beach"). In this regard, the Firm is engaged to provide investigative legal services to
Boynton Beach, services entirely unrelated Boynton Beach's water utility.
It is our desire for this Firm to avoid a conflict of interest, a potential conflict of interest or even
the appearance of a potential conflict of interest. To that end, it is important that we disclose our
representation of Gulf Stream. The rules of The Florida Bar prohibit us from representing a client
whose interests are or may be adverse to those of another client unless: (a) we believe the
representation of one client will not adversely affect our responsibilities to and relationship with the
other client; and (b) all such clients consent after disclosure of the conflict and consultation. It is our
opinion that our responsibilities to Boynton Beach will not be adversely affected by this Firm's
representation of Gulf Stream relative to the bulk water agreement. We have disclosed our
representation of Boynton Beach to Gulf Stream and Gulf Stream has waived any potential conflict
of interest.
The Firm and its attorneys, agree that all confidential matters that you have entrusted to the
Firm, or its attorneys, will remain confidential. Similarly, we also agree that all confidential matters
that Gulf Stream has entrusted to the Firm, or its attorneys, will remain confidential. Please be
advised, however, that in the event of a dispute or disagreement between you and Gulf Stream
including, but not limited to a bid protest and/or lawsuit, our Firm will immediately withdraw from its
representation of Gulf Stream.
If there is no objection to our representation of Gulf Stream as previously discussed and as
described herein, we would appreciate it if you would indicate your waiver of any conflict of interest
in our Firm's representation by signing the acknowledgment set forth below and returning the
executed copy to my office at your earliest convenience. If you have any questions concerning this
conflict waiver, please let us know.
Very truly yours,
Stephanie Marchman
On behalf of the City of Boynton Beach, I hereby consent to GrayRobinson, P.A.'s
representation of Gulf Stream as described above and waive any claim of conflict arising from such
representation.
CITY OF BOYNTON BEACH
By: - �'
Name: vs , , •
g,0 .. . 1‘ Title: C( ' r
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I/ S 114C011/ 1920
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CITY ATTORNEY'S FF E
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2
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