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R25-113 1 RESOLUTION NO. R25-113 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, RATIFYING THE CONFLICT OF INTEREST WAIVER 5 RELATING TO LEWIS, LONGMAN &WALKER, P.A., REPRESENTING THE 6 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD AS 7 GENERAL COUNSEL; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the City of Boynton Beach acknowledges that the law firm of Lewis, Longman 10 & Walker, P.A. (the "Firm"), which will represent South Central Regional Wastewater Treatment 1 Board as General Counsel, also represents the City of Boynton Beach. The Firm has informed the 12 City of Boynton Beach that due to the existing representation of the City of Boynton Beach and 13 the proposed representation of South Central Regional Wastewater Treatment Board, there is a 14 potential for a future conflict to arise among the interests of the City of Boynton Beach and South 15 Central Regional Wastewater Treatment Board. However, South Central Regional Wastewater 16 Treatment Board, the City of Boynton Beach, and the Firm, at the present time, do not deem the 17 representation of these parties as being in conflict. Accordingly, to move forward with the 18 representation of the South Central Regional Wastewater Treatment Board as General Counsel, 19 the South Central Regional Wastewater Treatment Board and the City of Boynton Beach shall each 20 execute a Waiver of Conflict of Interest; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to ratify the Conflict of Interest Waiver relating 23 to Lewis, Longman &Walker, P.A., representing the South Central Regional Wastewater Treatment 24 Board as General Counsel. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 waive the potential conflict of interest between the City and the Firm, and ratifies the Conflict of 32 Interest Waiver as provided in the waiver attached hereto as Exhibit A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby ratifies 34 the City Manager's execution of the written waiver. 35 SECTION 4. This Resolution shall take effect in accordance with the law. 36 37 38 39 [SIGNATURES ON THE FOLLOWING PAGE] 40 ll � 41 PASSED AND ADOPTED this lQ day of rf l ` 2025. J 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES ' NO 44 Mayor— Rebecca Shelton I 45 46 Vice Mayor—Woodrow L. Hay 1/ 47 48 Commissioner—Angela Cruz 49 50 Commissioner—Thomas Turkin ANtrY‘ 51 / 52 Commissioner—Aimee Kelley (/ 53 9 D 54 VOTE J 55 AT E• 5 57 ii, , / 58 Mayle- 'a- Jesus, MPA, MMC Reb cca Shelton 59 City Cle Mayor 60 61 �DYNTpn�N APPROVED AS TO FORM: 62 (Corporate Seal) '.O' PO/?;.•,6? 63 is-VSEAL 64 i �'i , 4 fNCORPaRATED 144,44 65 '• ,1920 Shawna G. Lamb 66 't% City Attorney �ORIDP LEWIS Attorneys at Law LuAl 'I LONGMAN Ilw-law.com N!e ,. WALKER WAIVER OF CONFLICT OF INTEREST City of Boynton Beach hereby acknowledges that the law firm of Lewis, Longman & Walker, P.A. (the "Firm"),who will represent South Central Regional Wastewater Treatment Board as General Counsel, also represents the City of Boynton Beach. The Firm has informed City of Boynton Beach that due to the existing representation of the City of Boynton Beach and the proposed representation of South Central Regional Wastewater Treatment Board, there is a potential for a future conflict to arise among the interests of the City of Boynton Beach and South Central Regional Wastewater Treatment Board. However, South Central Regional Wastewater Treatment Board, the City of Boynton Beach and the Firm, at the present time, do not deem the representation of these parties as being in conflict. Accordingly, to move forward with representation of South Central Regional Wastewater Treatment Board as General Counsel, South Central Regional Wastewater Treatment Board and the City of Boynton Beach shall each execute a Waiver of Conflict of Interest. By signing below: 1. City of Boynton Beach acknowledges and expressly and voluntarily agrees that the facts and assertions contained herein are true and correct. City of Boynton Beach acknowledges and expressly and voluntarily agrees that it has been advised of and has had the opportunity to seek counsel regarding potential conflicts of interest that may arise as a result of the Firm's proposed representation of South Central Regional Wastewater Treatment Board as General Counsel and the representation of the City of Boynton Beach. 2. Notwithstanding any potential conflict, whether real or hypothetical, City of Boynton Beach hereby freely and voluntarily expressly waives any such conflict that may presently exist or that may arise during the course of this representation. 3. This waiver and consent shall be effective until the Firm is given written notice by either South Central Regional Wastewater Treatment Board or the City of Boynton Beach that a conflict, real or perceived, exists with regard to General Counsel that will no longer be waived or until such time as the Firm determines that it is incapable of fully, vigorously and independently representing the interests of the City of Boynton Beach and South JACKSONVILLE ST.PETERSBURG TALLAHASSEE TAMPA WEST PALM BEACH 245 Riverside Ave. 100 Second Ave.South 106 East College Avenue 301 West Platt St. 360 South Rosemary Ave. Suite 510 Suite 501-S Suite 1500 Suite A364 Suite 1100 Jacksonville,Florida 32202 St.Petersburg,Florida 33701 Tallahassee,Florida 32301 Tampa,Florida 33606 West Palm Beach,Florida 33401 T:904.353.6410 T:727.245.0820 T:850 222.5702 T.813.775 2331 T:561.640.0820 F:904.353 7619 F:727.290.4057 F.850.224.9242 F:561 640.8202 See Things Differently City of Boynton Beach March 31, 2025 Page 2 Central Regional Wastewater Treatment Board by virtue of any such real or potential conflict. Should the Firm make such a determination, it will notify the City of Boynton Beach and South Central Regional Wastewater Treatment Board in writing. 4. Should a non-waivable conflict arise, City of Boynton Beach acknowledges and expressly and voluntarily agrees that the Firm will terminate its representation of both entities as to the General Counsel and the Firm will not represent either party relating to any disputes or litigation that may arise thereunder City of Boynton Beach c � Date: April 24, 2025 (1T A )KNEY'SOFF1 AByyPim: Shawna G.Lamb, City Attorney 4901-1761-0031,v 2