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Item C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 12,2001 Division: Growth Management Bulk Item: Yes X No Department: Planning AGENDA ITEM WORDING: Approval of a contract between Monroe County and the firm of Freilich, Leitner & Carlisle for legal services to prepare amendments to the County's Wireless Communications Ordinance. ITEM BACKGROUND: The Board of County Commissioners in February 2001 approved a resolution to defer processing of development permit applications for new communication towers in excess of 100 feet in height until adoption of an amendment to the County's Land Development regulations concerning such towers has been adopted by the Board or until 180 days have passed from the date of the resolution (February 22,2001). At about the same time the Board adopted the resolution, it asked the staff to investigate the use of a legal consultant to assist in reviewing existing regulations and preparing needed amendments. Upon the County Attorney's recommendation, the County Planning Department has entered into negotiations with the land use law firm of Freilich, Leitner & Carlisle of Kansas City, Missouri to assist the County in amending the land use regulations concerning wireless communications facilities. This firm has provided land use legal assistance to the County in the past. A draft contract and scope of services has been prepared for approval by the Board of County Commissioners. As this contract is for legal services it is not subject to the County's purchasing policies. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution 117-2001 on February 22,2001, deferring the processing of development permit applications for communications towers 180 days or until an amendment is made to the County's Land Development Regulations concerning wireless communications facilities. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS: Approval TOTAL COST:Upto $24,038 COST TO COUNTY: Upto $24,038 BUDGETED: Yes X No . REVENUE PRODUCING: Yes APPROVED BY: County Atty -1L ,AICP DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X Not R~uired AGENDA ITEM # C. / - DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS l' I" .1-.(~.o.~TRACT SUMMARY Frel Jd1 J u;-Q I U ~ Contract with: CcuiisJe Contract # Effective Date: Expiration Date: l.L())n awroYU.L Contract Manager: kb.derf (~ (Name) 'LS?~ rp (Ext. ) for BOCC meeting on u,' (z.... 0' tiS top #) ~ II Ol Agenda Deadline: " CONTRACT COSTS Total Dollar Value of Contract: $ ~'824; 03.8 Budgeted? Yes0J No 0 Account Codes: Grant: $ ZZJ County Match: $ >Z> _ c;~ent Year Portion: $ 1APtv!lt 24. O~/l ~-~f53C-;$ tK ADDITIONAL COSTS Estimated Ongoing Costs: $ ___/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW ~ Ra~e In Division Director ~ Risk Manag~nt "4$' O~./pur~ng ~ County Attorney ~ YesD NoOO Comments: OMS Fonn Revised 2/27/0 I Mep #2 Date Out Coh 01 \ \ CONTRACT FOR LEGAL SERVICES TO PREPARE AMENDMENTS TO THE WIRELESS COMMUNICA TrONS ORDINANCE THIS CONTRACT is entered into by Monroe County, a political subdivision of the State of Florida, Marathon Government Center, 2798 Overseas Highway, Marathon, FL 33050, hereafter the County, and Freilich, Leitner & Carlisle, a partnership, 1000 Plaza West, 4600 Madison, Kansas City, MO 64112-3012, hereafter FLC. 1. FLC represents that it is professionally qualified to prepare a wireless facilities ordinance amendments, hereafter the project. The project and scope of work are described in detail in Exhibit A. Exhibit A is attached to this contract and incorporated into it. 2. Upon the receipt of a written notice to proceed from the County Planning Director, FLC must carry out the project as set forth in Exhibit A. 3. If the County decides to abandon the project or fails to appropriate funds, the County must immediately notify FLC in writing. FLC must cease all work on the project upon receipt of the County's abandonment or nonappropriation letter. The County must pay FLC that amount due FLC. for work done - but uncompensated - up to the date of FLCs receipt of the abandonment or nonappropr'jation letter. 4. FLC may only use qualified personnel to carry out the project. 5. FLC may not assign or subcontract its obligations under this contract - other than the receipt of money - without the written consent of the County. 6. Records of FLCs direct personnel payroll and reimbursable expenses pertaining to the project, and records of the accounts between the County and FLC, must be kept on a generally accepted accounting basis and must be made available to the County or its authorized representative during normal business hours. FLC must keep the records for three years following the completion 'of project. 7. FLC is an independent contractor. Nothing in this contract may crate a contractual relationship with, or any rights in favor of, any third party including subcontractors or materialmen of FLC. FLCs use of any subcontractor(s) to carry out the project will not in any way relieve FLC of its obligations under this contract even though the subcontractor was approved by the County. 8. FLC must have the insurance of the amount and type described in Exhibit B. Exhibit B is attached and incorporated into this contract by reference. 9. FLC acknowledges that all documents created as part of the project are public records under Chapter 119, Fla.Stat. As a result, they must be made available at a reasonable place and time upon the request of a member of the public. Failure to do so is a breach of this contract entitling the County to treat the contract as terminated on the date of the violation of Chapter 119, Fla.Stat., with the County's obligation to pay extending only to work completed as of that date but as yet uncompensated. 10. This contract has been carefully reviewed by both FLC and the County. Therefore, this contract is not to be strictly construed against any party on the basis of authorship. 11. This contract represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This contract cannot be modified or replaced except by another signed contract. . 12. Nothing in this contract should be read as modifying the applicable statute of limitations. The waiver of the breach of any obligation of this contract does not waive another breach of that or any other obligation. 13. FLC warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to this prohibition of Section 2 of Ordinance No 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No 010-1990. For breach or violation of this provision the County may, in it discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 14. This contract is governed by the laws of the State of Florida, Venue for any litigation arising under this contract must be in Monroe County, Florida. 15. FLC agrees that it will not unlawfully discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, national origin or disability. FLC must insert a provision similar to this paragraph in any subcontracts awarded under this contract except those for the purchase of commercial supplies and raw materials. 16. All communication between the parties should be through the following individuals: Monroe County Planning Director Marathon Government Center 2798 Overseas Highway Marathon, FL 33050 FLC Freilich, Leitner & Carlisle 1000 Plaza West, 4600 Madison Kansas City, MO 64112-3012 17. This contract takes effect on the date of the signature of the last party to sign. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written below (SEAL) A nEST: DANNY L. KOLHAGE, CLERK . BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman Date (SEAL) Attest: FREILICH, LEITNER & CARLISLE By Title By Title Date jdconFLCwireless 8 05/05/2001 09:45 305-289-2535 , PLANNING DEPT . ..---...-. _"'llfLAI" ~ PAGE 02 1'\Q.~1 P,3/G Exhibit A SCOPE OF SERVICES for Amendments to the Wireless Communications Facilities Ordinance PHASE I BACKGROuND REVlEW AND ANALYSIS. 1-1 Background Material Review. .Freilich, Leitner & Carlisle (Ftc) wiJ[ review Monroe County (County) and other documents needed for the development OCID appropriate legal and planning strategy for canying out the amendments to the current Wueless Communications Facilities Ordi~ (the.Ordinance). These dOCUJUents will include. but are not limited to: · County Comprehensive Plan and Future Land Use Map · County LllIld Development Regulations and Land Use District Map · Other ApplicabJe County regulations · Others documents as appfopriate County Staff will provide available plans, ropo~ files. maps, and other data required for this initial assessment. 1..2 Interviews. FLC will meet With County statf and OtllCl officials to ob1Bin inform.tion relevant to the flftleIldment of the Ordinance, such as: · Members of Board of County Commissioners (BOCC) · Members of Planning Commission · County Attomey · Planning Director and Staff · Attorney and Staff of nearby cities and counties. where applicable Meetings: . Work Produet: Estimated Cost: Meetings with Staff and other offieials, SUl11maty of the land use and legal issues identified in Pbase I. 56,210 plus expenses FrcHich, LeItner & Carlisle 1150 One MaiD PJua, 443.5 Main StnMt, Kansas City, MO 64111~7727 Phone: (816) $61--4414 Fax: (116) 561-793 I tsmith@flc:-kc.com dac."m'~j5-0lI7 05/05/2001 09:45 305-289-2535 PLANNING DEPT . --... . ............L-..'\..4, L~~ 11,c.." ....t'ftIIIIt NO.9S1 PAGE 03 P.4/6 Exhibit A PHASE II DRAFT OF DEVELOPMENT RECULAnON AMENDMENTS. Based On input ftom Phase I. FLC will prepare draft ordinance language in accordance with land use and legal principles of State and Fedcra1law. This Scope of Services does not include any analysis of coverage area, development of additional data regardh1& wireless communicatiOIlIJ in the County, or any other data not cwrently and readily available. County staff will provide all data and technical iIlformation necessary in the development of the Ordi~e. ~hase II will be COIl1pleted no 1ateI; than July 3, 2001. Meetings: Work Pro duet: E&timated Cost; PHASE m 3.2 3.3 None. Draft Land Development Regulations. $5,400 pllJ,S expenses Iavmw AND ADOPTION PROCESS. 3.1 P.lanning CoDUDission. FLC will atter)d One (1) meetin& of the Planning Commission dming the fonnal public hearing and adoption process. FtC will present the changes and . the ovemll scope and operation of the Ordinance as amended plU'$\Iant to this Scope of Smrices. Plannmg COmmission Revisions. If net:csSlUy. FLC will revise the draft Ordinance to incorporate any changes proposed by the Planning COIl1JI)jssion, to be presented to the BOeC for it5 consideration. Board ofCoUl1ty Commissioners. Ftc will attend one (1) meeting of the BOCC during the public: hearing and adoption process, and will present the changes and the ovemlI scope and operation of the Ordinance, inoluding any changes proposed by the Planning Commission. doc.ICm'-"Ous.Q01 FrcQ1Qb, Leitner &: Carlisle 1150 One Maio Plaza. 4435 Main Street. Kansas City, MO 641 I J.7727 PhOJJe: (816) 561-4414 1'Alt: (816) 561-793 IlmJit.htaltre-kc.com 2 05/05/2001 09:45 PLANNING DEPT 305-289-:-~~~_. _. or......" "',.", 1'10.951 PAGE El4 P.S'-6 Exhibit A Meetings: 3.4 Final Draft. Ftc will prepare one (I) camera-mady original oftbe adopted version of the amended Ordinance for printing, as wcllas a version in cOIllpllter fonnat. Phase III wiU be completed no later than September 7, 2001. However, this dMlmn~ may be extended by the amount of any delays caused by additional Plarming Commission hearings or other public meetings not contemplated. in this Scope of Services. Resulting additional travel or services required beyond those clescrib.;! in Phases I - III will be col11pensated in accordance with Phase IV, below, "Additional Services." OJ1e (1) presentation to thePJanning Commission and one (1) presentation to the BOCC, made in two (2) scpamte tTips. .A final c8.1nera-rc.dy original of amended Otdin:l~~. as adopted1 also in com.puter fozmat. $7,020 plus expc.naes Work Product: Esti~ated Cost: l'HASEIV 4.3 AoDmONAL SnVICES (OPTIONAL) 4.1 Additional Public Hearings. As ~teciby the County, FLC may prepare fo.r, attend and participate in public he8tings b&!yond those described in Phase III of this Scope of Sentices_ 4.2 Continuing TeClmicaISuPPQrt. FiC will he available to the County staff and/or the BOCC on an as needed basi:! following adoption of the amended Ordinanoe to provide =hnica!. implementation. administratJve, and enforoen1cnt mpport including, but 110t limited to, interpretation of Provisions, responses to questions, application of provisions to spec.ificdevelopment propoSGls, andoonsideration of future amendments. Litigation SUPPOH Services. Althouah the Ordinance will be designed and drafted to a"oid litigation, litigation may nevertheless be filed on a "facialh or on an "as applied" basis. In either case, FtC will be available, upon the request of the C01D1ty, to provide litiaation suppprt Services including, but not limited to, assistance on legal research, development of leg~ theories and defenses, pleadings, responses to pleadings, mdtions. briefs, at'gUnJents, depositions and/or lIiOoolH771'~Ss.clO7 FreIlich, .leItner & C.,-Jisle 1150 One Main Piau, 44~:S Main Street.:Kansu City, MO 64111-1727 Phone: (816) 561--4414 Pax: (8J6) 561-7931 AmidlllMlc:-kc.cmn 3 ! ! 06/06/2001 09:45 PLANNING DEPT 305-289-:2...p_1.6__. -..........., "'"'" PAGE B5 1'10.951 P.6/6 Exhibit A expert witness testimony. Meetings: Work Product: CDst Estimate: To be Detennined. To be Determined. To be billed on time &: expenses basis agreed upOJ) by County and FLC. FEE AND COST SCHEDULE 1. Fees and ~ The fees and expenses set forth in this Scope of Services, but excluding Additional Services. are inclusi\'e of (I) direct expenses incurred by FLC in the pert'o~ of those services, and inclUding but not limited to long-distance telephone charges, fac.1simile charges. photocol')'ing, overnight deliveries. Postage and tbl!llike, and (2) travel O)Cpensel incurred by FLC for specified trips to Monroe County as set forth in the Scope of Services, and including but not limited to airfiIre, hotel, rental car, mileage charges, gas, parking, meals, and the: like, and (3) hourly cbargeo for aU JlOI5<>.DDd OIIIp1o)led by FLC and woddog on this Project, T ",vol expeIlSllo will be paid only in the aQlountS authori2ed by Section 112.061, F.S. 2. Maximum Fees and lXDCDSeS by p~ The maximum fees aud expenses to be paid to FiC, excluding Additional Services" shall not exceed $24,038. Although fee and expense estimates are providJ,d by phase above. these are ~y estimatea and do Dot prohibit either Ftc or the County from allocating required services di1lCrootly !bon as indiea1.d in Ibis Scope of Services, "" loog as the --lees and ~ do not exceed $24,038 for the entire Project , 3. ~tional Se~ If Additional Services are requested by the County, FLC md the County win agree to a :tee and cost sch~c for the proviaion of such services based on the following hourly rates: S, Mark White, Partner TYson Smith, Associate Law Clerks $175.00 $135.00 $.50.00 tloc.~77.~,~'<<l1 . , FreUJch., Lef1ner &: Carlisle 1150 One Main Plaza. 4435 Main Sner, Kansas City, MO 6411 J -7727 Phone: (816) S6~-4414 Fa.1:: (816) 561-793]'tsmItMilflc..tc.com 4 EXHIBIT B INSURANCE REQUIREMENTS 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. . If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC3 Administration Instruction #4709.2 90 ,I' - -, 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND.._ . Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage. The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) ( If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage (~_: \ An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County-Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL3 Administration Instruction #4709.2 S6 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$l ,000,000 Aggregate PR02 Administration Instruction #4709.2 78