Agenda 09/12/2023 Item #16K 3 (Written consent waiving any conflict that the Board may have with the law firm Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.)09/12/2023
EXECUTIVE SUMMARY
Recommendation to approve and provide informed, written consent waiving any conflict that the Board may have
with the law firm Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (“Baker Donelson”), under its Retention
Agreement with Baker Donelson to provide specialized FEMA services, regarding Baker Donelson providing
unrelated representation to CitySwitch, LLC in connection with that entity’s efforts to seek proposed zoning and
construction of a wireless facility to be located in Collier County.
____________________________________________________________________________________
OBJECTIVE: To obtain approval and authorization to provide a written waiver as to any conflict of interest
relating to Baker Donelson, who currently represents the Board under a Retention Agreement to provide
specialized Federal Emergency Management Agency (“FEMA”) legal services, so that Baker Donelson may
represent CitySwitch, LLC in connection with that company’s efforts to seek proposed zoning and construction of a
wireless facility to be located in Collier County.
CONSIDERATIONS: The County Attorney's Office is recommending that the Board approve a written waiver of
a conflict of interest allowing its retained specialized FEMA Counsel, Baker Donelson, to provide representation to
its client CitySwitch, LLC in efforts to seek proposed zoning related to the future construction of a wireless facility
to be located in Collier County. CitySwitch is a Georgia based privately held owner and developer of tower s and
other specialized wireless infrastructure operating throughout the United States. CitySwitch is registered to do
business in the State of Florida with the Department of State, Division of Corporations.
On August 24, 2023, Baker Donelson contacted the County Attorney’s Office requesting the County provide a
written waiver to a conflict of interest arising out of : (1) its representation of CitySwitch in connection with a
proposed wireless facility to be located in Collier County, and on such future matters unrelated to the County; and
(b) the continued representation of the County on present and future matters unrelated to the proposed wireless
facility. A copy of Baker Donelson’s proposed informed consent to waiver of conflict correspondence dated
August 24, 2023 is attached to this request.
The Rules Regulating the Florida Bar (Rule 4-1.7) govern the conflict that arises as a result of Baker Donelson’s
contractual relationship with the County under the current Retention Agreement (most recently extended on March
9, 2021 - Agenda Item 16.K.3) and its desired representation of CitySwitch. Although an attorney is generally
prohibited from representing one client when the representation will be directly adverse to another client, the
representation is allowable if each affected client gives its informed consent, confirmed in writing. Baker
Donelson is not currently handling any FEMA matters under its Retention Agreement with the County but even if
it were, such representation would not place it in a position that would be directly adverse to the County if Baker
Donelson also represents CitySwitch on an unrelated wireless zoning petition before the County. The County
Attorney’s Office reasonably believes Baker Donelson can provide competent and dili gent representation to the
County and CitySwitch, that such representation is not prohibited by law, and does not materially impair Baker
Donelson’s professional obligations to the County.
The County Attorney's Office recommends that the Board consent to Baker Donelson’s representation of
CitySwitch, LLC in connection with the proposed zoning and construction of a wireless facility to be located in the
County, and that it authorize the Office of the County Attorney to sign and return the attached Waiver of Conflict
Interest consent letter.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for
Board approval.-SRT
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09/12/2023
RECOMMENDATION: That the Board approve and provide informed, written consent waiving any conflict that
the Board may have with the law firm Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. under its Retention
Agreement with Baker Donelson to provide specialized FEMA services, regarding Baker Donelson providing
unrelated representation to CitySwitch, LLC in connection with that entity’s efforts to seek proposed zoning and
construction of a wireless facility to be located in Collier County, and to authorize the Office of the County
Attorney to sign and return the attached Waiver of Conflict of Interest correspondence.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Baker Donelson waiver request to Collier County (PDF)
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09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 26497
Item Summary: Recommendation to approve and provide informed, written consent waiving any conflict that the
Board may have with the law firm Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (“Baker Donelson”),
under its Retention Agreement with Baker Donelson to provide specialized FEMA services, regarding Baker
Donelson providing unrelated representation to CitySwitch, LLC in connection with that entity’s efforts to se ek
proposed zoning and construction of a wireless facility to be located in Collier County.
Meeting Date: 09/12/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
08/30/2023 4:14 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/30/2023 4:14 PM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/30/2023 4:18 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2023 8:36 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/31/2023 3:54 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 09/05/2023 11:24 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/05/2023 12:57 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
16.K.3
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901 K STREET N.W., SUITE 900
WASHINGTON D.C. 20001
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ALABAMA • FLORIDA • GEORGIA • LOUISIANA • MARYLAND • MISSISSIPPI • SOUTH CAROLINA • TENNESSEE •
TEXAS • VIRGINIA • WASHINGTON, D.C.
ERNEST B. ABBOTT
Direct Dial: 202-508-3425
E-Mail Address: eabbott@bakerdonelson.com
August 24, 2023
By Email: Scott.Teach@colliercountyfl.gov
Scott R. Teach
Deputy County Attorney
Collier County, Florida
3229 Tamiami Trail East, 8th Floor
Naples, FL 34112
Re: Waiver of Conflicts
Dear Scott:
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (Baker Donelson) has been asked
to represent CitySwitch, LLC (“CitySwitch”) in connection with the proposed zoning and
construction of a wireless facility to be located in Collier County, Florida (the “County”). As you
know, Baker Donelson represents and has represented the county on a number of matters relating
to eligibility for federal disaster assistance reimbursing of work or costs incurred by the County in
responding to and recovering from major disasters declared by the President.
We are writing this letter to request your written informed consent to (a) our representation
of CitySwitch in connection with the proposed wireless facility, and on such future matters
unrelated to the County; and (b) our continued representation of the County on present and future
matters unrelated to the proposed wireless facility.
As you know, the Florida Bar rules generally prohibit a lawyer from representing a client
if the representation will be directly adverse to another client or there is a substantial risk that the
representation will be materially limited by the lawyer's responsibilities to another client, a former
client or a third person or by a personal interest of the lawyer. RPC 4-1.7(a). This general
16.K.3.a
Packet Pg. 1288 Attachment: Baker Donelson waiver request to Collier County (26497 : Approve and provide informed written consent waiving conflict between
Scott R. Teach
August 24, 2023
Page 2
prohibition may be waived by clients’ informed written consent, provided that (1) the lawyer
reasonably believes that the lawyer will be able to provide competent and diligent representation
to each affected client; (2) the representation is not prohibited by law; and (3) the representation
does not involve the assertion of a position adverse to another client when the lawyer represents
both clients in the same proceeding before a tribunal. RPC 4-1.7(b).
In accordance with the rules regulating The Florida Bar, our proposed representation of
Cityswitch is conditioned upon both parties’ informed written consent to the engagement and
waiver of potential conflicts. Separately, we have discussed our engagement with CitySwitch,
explained the implications, and asked for its written consent. If CitySwitch declines to consent,
then Baker Donelson will decline the matter and not represent it.
We have concluded that our representation of CitySwitch in connection with the proposed
wireless facility will not adversely affect or be adversely affected by our relationship with the
County and that our representation of the County on unrelated FEMA disaster assistance issues
will not adversely affect or be adversely affected by our relationship with CitySwitch. Our work
for the County has involved seeking and protecting FEMA reimbursement of costs incurred by the
County as a result of disasters and emergencies declared by the President. Accordingly, we may
properly represent CitySwitch and the County as outlined herein so long as CitySwitch and the
County waive the conflicts of interest and consent to the representation as outlined herein.
Thank you for your assistance and cooperation. Please feel free to contact me if you have
any additional questions.
Very truly yours,
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
Ernest B. Abbott, Of Counsel
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Packet Pg. 1289 Attachment: Baker Donelson waiver request to Collier County (26497 : Approve and provide informed written consent waiving conflict between
Scott R. Teach
August 24, 2023
Page 3
WAIVER OF CONFLICT OF INTEREST
For purposes of Rule 4-1.7 of the Rules Regulating The Florida Bar, the undersigned, on behalf of
Collier County, Florida, hereby consents to Baker Donelson’s representation of CitySwitch in
connection with the proposed zoning and construction of a wireless facility to be located in Collier
County. This waiver of conflict of interest is signed by me after consultation with Baker Donelson
and consultation with the County’s other advisors regarding this matter. This waiver is granted
under the authority delegated by the Board of County Commissioners to the County Attorney.
Collier County, Florida
By: _________________________
As its _______________________
Date: _______________________
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Packet Pg. 1290 Attachment: Baker Donelson waiver request to Collier County (26497 : Approve and provide informed written consent waiving conflict between