TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the Acknowledgement and Agreement to Waive Any Conflict of Interest With Bryant Miller Olive, P.A. for Legal Services.
Recommended Action
Approve the Acknowledgement and Agreement to Waive Conflict of Interest with Bryant Miller Olive, P.A., for legal services.
Background Information
The City desires to enter into an Interlocal Agreement with Charlotte County ("County") for the purpose of coordinating resources for the construction of certain improvements to the intersection of Cranberry Boulevard and Hillsborough Boulevard, and ancillary improvements to the intersection of Cranberry Boulevard and U.S. Highway 41. The City Attorney's Office desires to engage with the law firm of Bryant Miller Olive, P.A. ("BMO") to represent the City by reviewing and providing comments/recommended revisions to the draft Interlocal Agreement.
BMO currently serves as Disclosure Counsel to the County under an ongoing Legal Services Agreement. BMO has represented the County as disclosure counsel for many years and has previously represented the County in other matters. Likewise, BMO has advised the County that BMO represents the City of North Port as Disclosure Counsel and in a variety of other matters. BMO does not represent the County in any matter relating to the proposed Interlocal Agreement.
In many respects, the interests of the County and the City are aligned. Both parties wish work together to improve certain intersections in their communities. That said, for purposes of The Florida Bar Rules, the City and the County are on opposite sides of the Interlocal Agreement they intend to enter to accomplish this. The interests of the County and the City may diverge with respect to certain issues regarding the project and terms of the Agreement. Also, it is possible that a dispute may arise between the parties concerning the Agreement in the fu...
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