Item P10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 20, 2008 - KL Division County Attorney
Bulk Item: Yes - No ~ Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Approval to rescind the Board's approval of the Amendment to Agreement between Jerry Coleman P.I.
andMonroe County, Florida on 12/19/2007.
ITEM BACKGROUND:
On 12/19/2007, the Board approved an Amendment to Agreement with Jerry Coleman to reduce the
hourly charge set forth in his 7/18/2007 Agreement with the County for services on a "services needed"
basis. IVIr. Coleman did not sign the Amendment to Agreement following approval by the Board on
12/19/2007 and instead notified us he would no longer be working for the County after 1/31/2008.
PREVIOUS RELEVANT DOCC ACTION:
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8/17/2005 BOCC approved original Agreement
1/18/2006 BOCC approved First Amendment (additional timekeepers)
7/18/2007 BOCC approved new Agreement ("services needed" basis)
12/1912007 BOCC approved Amendment to Agreement (Item Q-2) (reducing hourly charge)
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOM.MENDATIONS:
ApprovaL
TOTAL COST: N/A BUDGETED: Yes - No -
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No_ AMOUNTPERMONTH_ Year
APPROVED BY: County Atty~MB/PurChBsing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
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+.~.i.;w.ei,~ PJlayor Charles "sonny" fcicCoy, Disbict :::
"'='b fc1ayor Pro Tern t<1ario DiGennaro, District 4-
OUNIY ~ MONROE Mayor Pro Tam Dixie fJj, Spehar, District 1
I{EY liVEST FlORIDP, 33040 George Naugent, District 2
(305) 294-4641 Sylvia Murphy, District 5
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:Jley. Weot, !i.e 33041-W26
(305) 292~347{j
December 20, 2007
lvir. Jerry Coleman, Esq.
JERRY COLEMAN, PJ. ~
.-
201 Front Street, Suite 203
Truman Annex Building 21, 2nd Floor
Key West, FL 33040
Re: REVISED Amendment to Agreement Between Jerry Coleman. P.l. andMonroe County
Dear Mr. Coleman:
Enclosed please find the original and three (3) duplicate copies of the REVISED Amendment to
Agreement Between Jeny Coleman, P.l. and Monroe County as approved by the Monroe County Board of
County Commissioners at their regularly scheduled meeting held December 19, 2007 (Item Q-2).
Please personally executed all four (4) duplicate copies and return all four (4) to:
Kathy Pete~s
Monroe County Attorney's Office
P. O. Box 1026
Key West, FL 33041-1026
Upon receipt of the executed copies from you, all will be transmitted to the Clerk for execution by the
Mayor and processing. A fully executed copy win be transmitted to you upon receipt by this office. Thank
you for your assistance in tius matter.
SA~~ ~
;ice . . ea:-
Kathy P ers for:
SUZAN1\1E A. HUTTON
County Attorney
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THIS ATv.ll:EN1[}MENl' TO AGJREEI\1IEN1' is made and entered into this 19th day of
December, 2007, between Monroe County Board of County Commissioners (hereinafter
"COUNTY" or "BOCe") and JERRY COLEMAN, P.L. (hereinafter "ATTORNEY").
WHEREAS, the parties entered into a contract on July 18,2007, for legal services related
to affordable housing and land use; and
WHEREAS, no budget was provided to the Growth Management Division for Mr.
Coleman's services; and
WHEREAS, administrative difficulties in allocating the costs to the appropriate cost
centers have arisen due to the extension of Mr. Coleman's consulting into the area ofland use; and
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-
WHEREAS, County practice for advisory boards in general is that the attorney is
contacted by County staff only if they are unable to answer questions of individual board
members; and the attomey's time is dedicated to the meetings; preparation therefor, and
responding to County staff; and
WHEREAS, the County Commission directed a decrease in outside counsel fees yet
individual members of the Task Force and the Planning Commission contact the Attorney
frequently outside of the meetings; and
WHEREAS, such practice creates a conflict between the attorney being expected to
respond and the BOCC's direction to lower costs; and
WHEREAS, the County Attorney's office and the Growth Management Division have had
staffing issues which have previously required Attorney to shepherd Task Force initiated
ordinances through the ordinance vetting process, but the staffing issues are stabilizing; and
WHEREAS, the parties find it in their mutual best interests to clarify Attorney's
responsibilities under the Agreement dated July 18; 2007; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree to as
follows:
1. Section 6.3, Hourly Rates, and Changes to hourly rates shall be amended, effective January
1, 2008, to read as fonows:
"6.3 Hourly Rates
Hourly rates for ATIORI'<JEY and additional Timekeepers will be set at:
APPh'i!:fo/ed Tir(ae Keepers:
Name: Jerry Coleman, Esq. (billed by finn - JERRY COLEWoN, P.L.) Hourly Rate: $350.00.
lC lunendment 12-19-07 1
~{ati5: 75,
I'1"ame: Shannon McDonald (billed by firm - JERRY COLEMPJ\f, P.L.) Hourly Rate: $65.00 for paralegal
.~vork which is covered by Section 57.104, Florida Statutes.
Name: Shadrach Neiss (billed by firm - JERRY COLEMAI\T, P.L.) Hourly Rate: $100.00 for paralegal
work which is covered by Section 57.104, Florida Statutes.
ATTORNEY will charge no more than the hourly rate quoted above throughout the
duration of the matter, unless othelwise agreed in writing and approved by COUNTY in the same manner
as Agreement."
2. Exhibit A, Section 1, of the July 18,2007 agreement is hereby amended by adding the
following two sentences to the first paragraph:
"After rendering a draft ordinance acceptable to the Task Force, Attorney shall advise the
Board of County Commissioners at any advertised public hearing for which Attorney's
consultation is requested by one of the authorizing persons designated in Section 2, Paragraph D
of this Exhibit. Attorney shall not participate in the vetting process between the Task Force and
the BOCC hearings unless specifically requested to do so by the Director of Growth Management -
-
or the Director of Housing and Community Development."
3_ Exhibit A, Section 2.A, of the July 18, 2007 agreement is hereby amended by amending the
paragraph to read as follows:
"A. Task Fm'ce: ATTORNEY shall advise the Task Force at their scheduled meetings.
Discussions with Task Force Members outside of the advisory board meetings shall only be
billable if the County Attorney or staff attorney, Division Director or Affordable Housing
Coordinator of the Housing and Community Development Division, has requested that the
Attorney respond directly to the Task Force member and a description of the conversation is
provided with the billing and it pertains to the work of the Task Force. Task Force members
should be directing their communications to County staff at times other than during meetings."
3. Exhibit A, Section 2.C, of the July 18, 2007 agreement is hereby amended by amending the
paragraph to read as foHows:
"C. County Staff: Attorney shall consult with and advise the County staff at scheduled
meetings, and in preparation therefore. Discussions with staff outside of the Task Force and
Commission meetings shaH only be billable if a description of the conversation is provided
with the billing and it pertains to the matters approved under this agreement. Discussions
with Growth Management staff outside of Task Force or County Commission proceedings
shaH only be billable if the Division Director has previously approved the communication, a
description of the conversation is provided with the billing and it pertains to the matters
approved under this agreement."
4. 1:: 1 'b" . "" r ~. n r" J 1 -, 0 2no~ ... , d d
nx 11 H f\, :see .l.Oll 1.1.. or me n y 1.6, v' I agreement IS hereby amenae to rea :
JC /,',lnendment 12-19-07 2
IPJe~jn]>Ue~ A any thne speu! C01]nfflEltdca'dotlS
people with vvhorn is requested by the Task Force (not an individual m.ember thereof) as
reflected in the meeting iuinlltes thereof, the County Commissioners, the COlrnty
Administrator, the County Attomey, the Division Directors of Growth Management and of
I-lousing and Community Development, the executive directors and staff of the Monroe
County Land. Authority and Housing Authority, and the Housing and Community
Development staff, to meet or consult. Discussions outside of the Task Force and
Comm.ission meetings shaH only be billable if a description of the conversation is provided
with the billing and it pertains to the matters approved under this agreement.
(ii) ATTORNEY is authorized under this agreement to advise or consult with other parties
or representatives of municipalities regarding their projects or potential projects where they
relate fuid further unified coordination and sharing of housing and land use knowledge and
resources within the Florida Keys, but such advice is not billable to the County and any
consultation shall be billable to COUNTY only if one or more persons designated in
section 2.D. (i) above has approved the consultation in conjunction with County activities.
ATTORNEY may choose to provide similar services to others and bill those parties for
such services, as long as the County is not billed for the same time spent and paid for by
the other client. ATTORNEY shall not act as or be deemed by mere association with other -
work for the COUNTY to be a negotiator of contracts or other official authority for .-
affordable housing or other land use transactions for the County, or as a representative of
the COUNTY, with respect to any property, development or redevelopment rights,
development or application reviews or approvals of any kind, except where such role is
expressly requested by the County and the duty to perform such a role for the COUNTY is
expressly accepted by ATIORNEY with specificity as to the transaction involved. This
provision is expressly intended to preserve the COUNTY's confidential and attorney-client
protections for every expressly mutually accepted matter upon which ATTORNEY
perfonns accepted work (without limitation of the COUNTY's rights to waive or condition
any such protections) and to also prevent any inadvertent or implied conflict of interest that
would deprive or unduly restrict the ATTORNEY's ability to work in Monroe COlmty or
elsewhere in this state on land use and real estate or other matters for private or
governmental clients, even where they might be or become adverse to the COUNTY,
where a direct conflict of interest arising from simultaneous or substantial past
representations does not exist. This provision is also meant to prevent limitation of
consumers of legal services in Monroe County from engaging the ATTORNEY and the
unreaspuable preclusion of A TIORNEY from representii1.g such third parties on land use
and other matters where ATTORNEY has merely been in attendance at public meetings or
the like where matters that ATTORNEY has not materially dealt with on behalf of the
COUNTY are placed upon an agenda or discussed, or where ATTORNEY has merely been
sent or copied, for instance, with an e-mail along with Task Force members or County staff
in what are otherwise public documents or communications. In no case shaH general legal
consulting on land use legislation be construed to preclude ATTORNEY from ever
working for private or other goverp.mental clients on matters where legislation the
ATTORNEY may have worked on may come into play in such matters.
(Hi) However, the ATTORNEY and COUNTY agree that, unless conflict of interest is
waived by the COUNTY according to ethical rules, ATTORNEY prior work only on the
following matters precludes A TTORI'lliY from working on the following matters for the
listed non-COUI\1T'1 clients (or their substantially same successors-in-interest) who were
involved in such H1aUerS:
JC Amendment 12-19-07 r,
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,r,,, !,c-"'~' "2E.t c: p F''''r~ fr'v nI!J["- J~ ,r;r\' flf I "1'1" ( ,....,OF1!T~~T Ff-I"lC'
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CluUBBEAl\f or entities substantially identified with Timothy Koenig)
(Matter - Overseas Trailer Park Purchase and Lease)
CARLISLE GROUP (and "SEA GRAPE" affiliates or entities substantially
identified with Lloyd Boggio) (Matter -Falcon Pass/Sea Grape Marathon
Purchase and Lease)
PARK VILLAGE LLC and ISLANDER VILLAGE LLC (or entities
substantially identified with Edwin Swift)(Matter - Park Village and
Islander Village Purchase and Lease)
HABITAT FOR HUMANITY OF KEY WEST & LOWER KEYS, INC.
(Matter - current Big Coppitt parcel redevelopment)
TRADEWINDS II LLC (or entities substantially identified with Peter
Rososco )(Matter - Tradewinds II Purchase and Lease)
~
ROY's TRAILER PARK (or (or entities substantially identified with ~
Michael Browning)(Matter - Roy's Trailer Park Purchase and Lease)
(iv) Any other contact 01' meeting with County officials and developers or property
owners wherein ATTORNEY did not engage in any significant follow-on work for
the COUNTY or such other parties in any matter discussed shall not be deemed a
conflicting representation, consultation or relationship unless ATTORNEY and
COUNTY expressly agree to have ATTORNEY work on the matter or issues
involved in the future. The COUNTY and COUNTY ATTORNEY's OFFICE
expressly acknowledge the that foregoing and prospective potential conflict of interest
limitations on ATTORNEY's right to practice will not inhibit the ATTORNEY's
ability to practice and will not constitute in their reasonable and considered judgment
any violation of Florida Bar Rule 4-506."
5. The remaining provisions of the agreement dated July 18, 2007, not inconsistent herewith,
remain in full force and effect.
JfN WITNESS WHER.EOF~ the parties have set their hands and seal on the day and year
first above written.
(SEAL)
ATTEST: DAN]\TY L. KOL~L-'\GE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk Mayor/Chairman
JERRY COLEMAN, P.L.
By:
Ii
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