A. MOTION TO APPROVE Agreements for the appointment of the following firms as Broward County outside bond counsel: (1) Bryant Miller Olive, P.A.; (2) Law Offices of Steve E. Bullock, P.A.; (3) Locke Lord LLP, in joint venture with the Law Offices of Carol D. Ellis, P.A.; (4) Nabors, Giblin & Nickerson, P.A., in joint venture with the Law Offices of Saunders Legal Strategies & Solutions, P.L.; (5) D. Seaton and Associates, P.A.; and (6) Squire Patton Boggs (US) LLP, in joint venture with the Law Office of Perry Thurston, Jr. P.A., for all bond/note transactions and conduit issues involving the Housing Finance Authority, the Health Facilities Authority, and Industrial Revenue Bonds.
(Transferred to the Consent Agenda.)
(Per the Tuesday Morning Memorandum, Signature pages have been received and strike all references to Greenberg Traurig, P.A., in joint venture with Edwards & Feanny, P.A., within the agenda report and Exhibit 1. Please delete the Agreement for Legal Services with Greenberg Traurig, P.A., in Exhibit 2.)
ACTION: (T-10:19 AM) Approved with the Yellow-Sheeted Additional Material, dated Tuesday, August 22, 2017, submitted at the request of the Office of the County Attorney. (Scrivener’s Error – See County Administrator’s Report: In the agenda report and Exhibit 1, insert, after “Bryant Miller Olive, P.A.” the following: in joint venture with Llorente and Heckler, P.A. In Exhibit 2, on Page 7, Section 13 of the Agreement for Legal Services between Broward County, Florida, and the Law Offices of Steve E. Bullock, P.A., the email address currently reads: steven@bullockslaw.com and should read: sbullock@sebullocklaw.com.)
VOTE: 9-0.
B. MOTION TO APPROVE Agreements for the appointment of the following firms as Broward County outside bond counsel: (1) Greenberg Traurig, P.A., in joint venture with Edwards & Feanny, P.A., as bond counsel on bond/note transactions and on conduit issues involving the Housing Finance Authority, the Health Facilities Authority, and Industrial Revenue Bonds, and (2) GrayRobinson, P.A., in joint venture with Pittman Law Group, P.L., as disclosure counsel on bond/note transactions and on conduit issues involving the Housing Finance Authority, the Health Facilities Authority, and Industrial Revenue Bonds, each effective only upon amendment to Section 18.88 of the Broward County Administrative Code to permit outside legal counsel, in limited circumstances, to undertake private representation of a party before County boards or agencies where the County Attorney, in his or her sole discretion, determines that no material conflict of interest to the County will result, together with written acknowledgment of and certification of compliance with Section 18.88, as amended, by each firm.
(Transferred to the Consent Agenda.)
(Per the Tuesday Morning Memorandum, Signature pages have been received and strike all references to Greenberg Traurig, P.A., in joint venture with Edwards & Feanny, P.A., within the agenda report and Exhibit 1. Please delete the Agreement for Legal Services with Greenberg Traurig, P.A., in Exhibit 2.)
ACTION: (T-10:19 AM) Approved with the Yellow-Sheeted Additional Material, dated Tuesday, August 22, 2017, submitted at the request of the Office of the County Attorney. (Scrivener’s Error – See County Administrator’s Report: In the agenda report and Exhibit 1, insert, after “Bryant Miller Olive, P.A.” the following: in joint venture with Llorente and Heckler, P.A. In Exhibit 2, on Page 7, Section 13 of the Agreement for Legal Services between Broward County, Florida, and the Law Offices of Steve E. Bullock, P.A., the email address currently reads: steven@bullockslaw.com and should read: sbullock@sebullocklaw.com.)
VOTE: 9-0.
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In May 2017, the Office of the County Attorney published a solicitation inviting interested law firms to submit proposals for bond counsel services. The solicitation was mailed to all law firms located in the state of Florida and listed in the Bond Buyer's Municipal Marketplace (the "Red Book"). The Red Book contains comprehensive information on all municipal bond firms and professionals in Florida, including bond counsel, underwriters, and financial advisors, among others. Additionally, the solicitation was sent to several local bar associations in Broward County, including the Broward County Hispanic Bar Association, Florida Association for Women Lawyers, and T.J. Reddick Bar Association, for distribution among their members as each deemed appropriate. Eleven firms submitted responses to the solicitation. The Office of the County Attorney reviewed the firms' responses, conducted interviews, and evaluated the firms' experience, expertise in public financing, and potential conflict issues. The recommendation of the Office of the County Attorney in this agenda item is as a result of this process. The firms selected include two Florida-based national firms, two national firms with offices in Florida, two regional firms, and two small local firms.
The Office of the County Attorney rotates the appointment of bond counsel for both conduit issues and Broward County's issues. The firms handling the conduit issues will perform work involving the Housing Finance Authority, Health Facilities Authority, and Industrial Development Revenue Bonds. As a result of the rotation process, the Office of the County Attorney retains the flexibility to utilize firms for any issuance based on the best interests of the County and the expertise of each firm. The Office of the County Attorney may also select a firm as disclosure counsel to offer specialized legal services to ensure the County's compliance with legal requirements for disclosure for issuance of debt and continuing disclosure for outstanding debt. Bond counsel are paid a fee based on the percentage of bond amount issued and those fees are a cost of the transaction. This practice is consistent with standard industry practices.
Attached as Exhibit 2 are copies of the bond counsel Agreements for Legal Services for each of the firms recommended.
Signature pages for all agreements will be provided as additional material. |