HomeMy WebLinkAboutLetterBryant • Miller • Olive
AI IORNEYS AI LAW
March 26, 2007
Jorge L. Fernandez, Esq..
City Attorney
Office of the City Attorney
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
Re: Waiver of Potential. Conflict of Interest under Applicable Florida Bar Rules
Dear Mr.Fernandez:
This letter is written to you to discuss the applicability of and our obligation to consult with you
regarding Rule 4-1,7 of the rules regulating The Florida Bar , Please find attached a copy of Rule 4-1..7 for
your ready reference . Bryant Miller Olive P.A.. ("BMO") provides ongoing bond counsel and disclosure
counsel services to the City of Miami, Florida (the "City"). In that capacity we have prepared documents
and material used in the offering and sale of publicly offered bonds issued by the City.
As you know, BMO also supplies legal services to numerous other counties, municipalities,
special purpose governments, state agencies, and underwriters throughout Florida„ While we primarily
focus on public finance and local governmental issues, from time to time our practice also lends itself to
assisting other parties in an advisory capacity.. We are representing the State of Florida, Department of
Transportation ("FDOT") relating to a proposed Port of Miami Tunnel Project. We have been asked by
FDOT to assist it in the preparation of an agreement among the City, Miami -Dade County, Florida (the
"County") and FDOT relating to the project. Our representation may include, but not be limited to,
participation in negotiations among the City, County and FDOT relating to such agreement and
potentially representing FDOT in connection with the issuance of private activity bonds by the County
or one its authorities.. Because we currently represent the City as disclosure counsel, this may create a
potential for conflict. We have obtained a conflict waiver from the County.
Unless a waiver is obtained, Florida Baz Rule 4-1.7 generally prohibits an attorney from
representing a client in the same or similar matter, if such representation could be directly adverse to the
interests of either client. Because we represent the City in a capacity as disclosure counsel, we will not be
able to work on this transaction without first obtaining your written consent to do so Please sign the
attached waiver form. Please feel free to call with any questions or concerns.,
Sincerely,
Enclosure
One Biscayne Power • 2 South Biscayne Boulevard • Suite 1480 • Miami, Florida 33131 • T z 305.374.7349 • .FAX 305374.0895 • www.bmolaw.com
ATLANIA • IACKSONVII I E • MIAMI • ORIANDO • SI.PEIERSBURG • TAIIANASSEE • IAMPA
WAIVER OF CONFLICT OF INTEREST
Fot purposes of Rule 4-1.7 of the Rules regulating the Florida Bar, the undersigned, on
behalf of the City of Miami, Florida hereby consents to Bryant Miller Olive P..A.'s representation
of the Florida Department of Iransportation as special counsel. This waiver of conflict of
interest is signed by me after consultation with Bryant Miller Olive P.A . regarding this matter,
Name: Jorge L. Fernandez
Title: City Attorney
Date
ii
WAIVER OF CONFLICT OF INTEREST
FoT purposes of Rule 4-1,7 of the Rules regulating the Florida Bat, the undersigned, on
behalf of Miami Dade County, hereby consents to Bryant Miller & Olive P. A 's representation of
the Florida Department of Transportation as special counsel This waives of conflict of interest
is signed by me after consultation with Bryant Miller & Olive P.A regarding this matter
Name:
Title: (1"0 ty t- )' � 7 L
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