Item R9
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20, 2005 Division: County Administrator
Bulk Item: Yes _ No - Department: County Administrator
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING: Approval of Retainer Agreement with Jerry Coleman for Legal
Services for the Workforce Housing Committee.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
TOT AL COST: $250.00 per hour BUDGETED: Yes - NoL
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management ~
DIVISION DIRECTOR APPROV AL: g~ ,. Willi
(TYPE NAME HERE)
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
Revised 2/05
Truman Annex JERRY COLEMAN, P.L. TEL 305-292~3095
Building 21 Second Floor 201 Front Street, Suite 203 FAX 305-296-6200
Key West. Florida Key West. Florida 33040 E- MAIL:
(Admitted Florida and New York) jerrycolemanpl@bellsouth.net
In recent years the Key West and the Florida Keys' economy has become increasingly real
estate driven and our practice reflects this trend. We offer legal counsel relating to land use
and real estate tran sactions th roughout Florida. We also provide routine real estate related
services where limited legal counsel is required. Moreover, our firm has provided legal services
for non-profit entities active in providing affordable housing within Monroe County, Florida.
Legal Services
. Real Estate Contract Law . Negotiated Settlement of Litigable
. Real Estate Construction Law Disputes
. Real Estate Brokerage and Sales . Wills, Powers of Attorneys and
Law Health Care Proxies
. Land Use and Zoning Law
Transactional Services
. Title Evaluation and Title . Closing Services
Insurance Services . Document Preparation and
. Escrow Services Execution Services
Firm principal attorney Jerry Coleman was born in Ft. Myers (Lee County), Florida, and grew up
in Marathon, the "Heart of the Florida Keys," After college in Tallahassee, Mr. Coleman served
as a U.S. Air Force pilot before attending law school at Columbia University. Mr. Coleman
served as a litigation associate for large New York-based multinational law firms Rogers & Wells
(now Clifford Chance), and later, Simpson Thacher & Bartlett-and as an associate for antitrust
matters in Washington, D.C. Mr. Coleman purchased a small condo unit in Key West's Truman
Annex in 1990, returning to the Keys fulltime in 1998. Mr. Coleman's Florida practice originally
emphasized zoning litigation, family law and probate, municipal and county code enforcement
and commercial litigation. Mr. Coleman served on the Monroe County Planning Commission
(the County's planning and zoning board) for three years and as the Commission's Chairman
until 2004. Since then, Mr. Coleman's practice has been rapidly redirected towards its present
transactional real estate emphasis.
. J.D. from Columbia Law . B.S. Business Administration from Florida
School (New York City) State University (Tallahassee)
. Admitted New York 1994 . Admitted Florida 1999
United States District Court for the Southern United States District Court for the Southern District of
District of New York Florida
United States District Court for the Eastern of United States District Court for the Northern District of
New York Florida
Mr. Coleman is a Member of the Florida Bar Real Property Probate and Trust Law Section, the
Monroe County Estate Planning Council and the Monroe County Bar Association. Mr. Coleman is
also a Florida-licensed real estate sales associate. Mr. Coleman has served as as legal and planning
advisor to the Monroe County Citizen's Code Committee, as counsel for Habitat for Humanity of
Key West & Lower Florida Keys, Inc., as member of the Superintendent of Schools Affordable
Housing Task Force and a board member of the Florida Keys Community Housing and Land Trust,
Inc.
Monroe County Board of County Commissioners
TERMS AND CONDITIONS OF JERRY COLEMAN, P.L.'S
REPRESENT A TION AND STANDARD BILLING POLICY
L The subject of this representation is legal advice on land use and real estate law matters related to
affordable housing issues, specificaJIy relating to work carried out by the County's Affordable
Housing Task Force, and other legal advice on affordable housing issues as needed, Work is
anticipated to include meeting attendance by an attorney of the firm as required, as well as
preparation, legal research and writing and such tasks as may be required by the Task Force.
2. Jerry Coleman, PL. will charge on the actual hours and fraction of hours required for our staff to
accomplish the representation. The rates charged will be $250.00 per hour for attorney services, and
wherever appropriate, a lesser hourly rate of paralegals performing the services (see attached
Standard Billing Policy). We are mindful of the cost of legal services, and understand that every
client wishes to avoid unnecessary expense. Accordingly, we will utilize associates. paralegals and
other professionals whenever we believe their use is appropriate. A new Standard Billing Policy
may be issued periodically in the future. Charges for all professional services, including
representation initiated prior to the date of the new Standard Billing Policy, will be based on the new
Standard Billing Policy as of its effective date, Any out-of-town travel time will be charged at
standard hourly rates beginning with departure from our office and concluding with return to our
office.
3. In addition to the fees referenced above, you wilJ be responsible for all out-of-pocket costs and
expenses incurred by Jerry Coleman, P,L in connection with this representation, which include
copying, express mail charges, long distance telephone charges, facsimile charges, computerized
legal research, out-of-town travel (airfare or auto rental, meals and lodging) and charges of any
expert witness if required. This may not be a complete catalogue of all the direct costs, but it is
reasonably representative and reflective of the costs that may be incurred.
4. Jerry Coleman, P.L will keep careful records of the dates services are rendered and the nature of the
services. These will be summarized in a statement showing this information submitted to the client
on usually a monthly basis. The statements will also detail the direct costs advanced on your behalf
which are due and payable with the fees.
5. Jerry Coleman, P.L. fees and costs are due and payable within thirty days after the date of the
monthly statement. In the event the monthly statement is not paid within thirty days after the date of
the statement, a 1.5% per month service charge will be added to the outstanding balance due. In the
event the monthly statement is not paid within forty-five days after the date of the statement, it is
agreed and understood that Jerry Coleman, P.L. is authorized to terminate further professional
services on your behalf. In that event, it is agreed that Jerry Coleman, P.L. will be released of all
further duties or obligations with regard to performance of further professional services on your
behalf.
6. J@fl'y CsI@fflaR, P.L. Y0€l.Hifes Ii mlHlfflUffl r@taiH8Y iH the affl€HlHt @f T;'.'@ TlHlM:;~uul D6116.r:;
($1,QQQ.Qg) t@ h@ flal@ iH a€h'RH@@. Tltl:: Gtlffl "l.BI ""'8 k@l€! iR trUGt aR@ aflfllie€! t€l tk@ lact bill at tbe
€€H18IuniSH €If tke reflf@:l€JfIMlti€lH, '.vitb aR)' balaRg@ r@maitl.i!l.g r@ftUl€h~€1 tl:l UH~ glieRt. Tb€l afflliHmt €lf
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time t€l be €le':€ltg@ t€l ttw galiB, tke @Jlf'!eftO€lS aHs e€lsts, aft€! dl.@ libdibgl:l€! €If tbe firlll ka':iftg t€~ tMffi
away htWre Y.'€frl{ €hw t€l It JHH€l'ltlal el'mtl igt.
7. Waiver of Prospective Conflicts of Interest. Because Jerry Coleman, P.L. is a full"service law firm
with many clients and matters throughout the County and the State of Florida, attorneys in one office
Monroe County Board of County Commissioners
July 18,2005
Page 2
or practice area may be (and often are) asked to represent a client with respect to interests that are
adverse to those of another client who is represented by the firm in connection with another matter.
Just as you would not wish to be foreclosed in an appropriate situation from retaining a law firm that
competes with Jerry Coleman, P.L., our firm wishes to be able to consider the representation of
multiple competitors in your industry or other clients who may have interests that are potentially
adverse to yours, but with respect to matters that are unrelated in any way to our representation of
you. The ethics goveming the legal profession permit law firms to accept such multiple
representations assuming the following criteria are met: (i) there is no substantial relationship
between any matter in which we are representing or have represented you and the matter for the other
client; (i1) our representation of the other client will not compromise any confidential information we
have received from you; (iii) our effective representation of you and the discharge of our professional
responsibilities to you will not be prejudiced by our representation of the other client; and (iv) the
clients have consented in writing based on our full disclosure of the relevant facts, circumstances and
implications of our undertaking the two representations. By your agreement to the firm's Terms and
Conditions of Representation, you waive prospective and potential conflicts of interest where the
above four criteria are met. You will retain the right, of course, to contest in good faith our
representation that these criteria have been met, in which event we would have the burden of
demonstrating that the criteria are met. It is understood that we will at all times adhere to all
applicable requirements of the Code of Professional Responsibility in our representation of you and
that you are not consenting to our representation of interests adverse to yours in a matter that is
substantively related to the one we are undertaking herein. Furthermore, at no time will an attorney
or other professional undertake a representation that would be adverse to your interests.
8. STANDARD BILLING POLICY - Effective January 1,2005
Standard Hourly Fees:
Jerry Coleman, Esq. $250
John Rockwell, Esq. $250
Shannon McDonald $100
Jennie Solis $ 75
If the Terms and Conditions of Jerry Coleman, P.L.'s Representation and Standard Billing Policy
are acceptable to you, please sign below and return a copy with an original signature, ahmg '1.'11h.
Y€Hif Fetainer, to the attorney whose name appears below. Your signature hereon constitutes your
certification that you are duly authorized to execute this agreement on behalf of the Monroe County
Board of County Commissioners, and that you agree to the above-stated Terms and Condition on
behalf of such entities.
For Monroe County Board of County Commissioners
By
2
Monroe County Board of County Commissioners
July 18,2005
Page 3
Date: July _, 2005
Billing/Responsible Attorney:
Jerry Coleman, Esq.
JERRY COLEMAN, P.L.
201 Front Street, Suite 203
Key West, Florida 33040
Telephone: (305) 292-3095
Fax: (305) 296-6200
e-mail: jelTycolemanpl@bellsouth.net
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