Item K07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15,2002
Division: Growth Management
Bulk Item: Yes X
No
Department: Planning and Environmental Resources
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 Land
Development Regulations (Chapter 9.5, Monroe County Code).
ITEM BACKGROUND: The Planning Department is looking to enter into negotiations with the land
use law firm for Freilich, Leitner & Carlisle of Kansas City, Missouri to assist the County in amending
the comprehensive amendments to Chapter 9.5 of the Monroe County Code. This firm has provided
land use legal assistance to the County in the past in matters such as the Shadek vs. Monroe County
case and the Wireless Communications Ordinance.
As this contact is for legal services it is not subject to the County's purchasing policies.
PREVIOUS REVELANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS: Approval
TOTAL COST: up to $75,000
BUDGETED: Yes X
No
COST TO COUNTY: up to $75,000
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH N/ A Year
APPROVED BY: County Atty X OMB/Purchasing ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X To Follow
Not Required_
AGENDA ITEM #---L/;l
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSU~ARY
Contract with: W'~v-_J.eJner, Contract #
Effective Date:
Expiration Date:
Contract Manager: /lj"iU\lh'1',ll,t'<C:l-"(U Z5/1
~j (Ext.)
G~I ~ II
(Department/Stop #)
for BOCC meeting on 5l15l 0 2..
Agenda Deadline: 412A I Of-
CONTRACT COSTS
T olal Dollar Value of Contract: $ ~ -15,000 Current Year Portion: $ u.e..ill1i ~ no 0
Budgeted? YeslXJ No 0 Account Codes: JJd.:l.-51 {jIX) ~ 31
Grant: $ (l) ____
County Matcn: $ fZ) _ _ __
ADDITIONAL COSTS
Estimated Ongoing Costs: $ -=-/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed _ /
Division Director S11/~esD NoEr ...:
Risk Management ~~ YesDNo[j-
O.M.B.lPurchasing ~YesD Not:}--.
County Attorney ~2- YesD No,0
Comments: L Rel ~ ;'.. vi
Date Out
S'/-oJ-
OMS Form Revised 2/27/01 MCP #2
CONTRACT FOR LEGAL SERVICES TO PREPARE COMPREHENSIVE
AMENDMENTS TO CHAPTER 9.5, MONROE COUNTY CODE
THIS CONTRACT is entered into by Monroe County, a political subdivision of the State
of Florida, Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050,
hereafter the County, and Freilich, Leitner & Carlisle, a partnership, 1000 Plaza West, 4600
Madison, Kansas City, Missouri, 64112-3012, hereafter FLC.
1. FLC represents that it is professional qualified to prepare amendments to the
County's Land Development Regulations (Chapter 9.5, Monroe County Code), hereinafter the
project. The budget and scope of services for all work assignments to be completed for the
project by FLC shall be authorized in a Work Order(s) signed by FLC and the County
Administrator's designee. The maximum compensation available to FLC under this contract is
$75,000.
2. 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 to FLC for work done - but uncompensated - up to the date of FLC's receipt of the
abandonment or nonappropriation letter.
3. FLC may only use qualified personnel to carry out the project.
4. FLC may not assign or subcontract its obligations under this contract - other than
the receipt of money - without written consent of the County.
5. Records of FLC's 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.
6. FLC is an independent contractor. Nothing in this contract may create a
contractual relationship with, or any rights in favor of, any third party including subcontractors or
-1 -
materialmen of FLC. FLC's use of any subcontractor(s) to carry our the project will not in any
way relieve FLC of its obligations under this contract even though the subcontractor was
approved by the County.
7. FLC must have the insurance of the amount and type described in Exhibit A.
Exhibit A is attached and incorporated into this contract by reference with the Certificate of
Liability naming Monroe County as the certificate holder.
8. FLC acknowledges that all documents created as part of the project are public
records under Chapter 119, Florida Statutes. 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, Florida Statutes, with the County's obligation to pay extending only to
work completed as of that date but as yet uncompensated.
9. 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.
10. This contract represents the parties' final and mutual understanding. It replaces
any earlier agreements or understanding, whether written or oral. This contract cannot be
modified or replaced except by another signed contract.
11. 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.
12. FLC warrants that he/it has not employed, retained or otherwise had act 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 its
discretion, termination 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.
-2 -
13. 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.
14. 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.
15. All communication between the parties should be through the following
individuals:
Monroe County
Director of Planning & Env. Resources
Marathon Government Center
2798 Overseas Highway
Marathon, FL 33050
FLC
Freilich, Leitner & Carlisle
1000 Plaza West, 4600 Madison
Kansas City, MO 64112-3012
16. This contract takes effect on the date of the signature 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)
ATTEST:DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
Date:
(SEAL)
Attest
FREILICH, LEITNER & CARLISLE
By:
By:
Title:
Title:
Date:
Date:
-3 -
ROBERT N
DA Tc7s...2 . _~ L.-.:,
EXHIBIT A
INSURANCE REQUIREMENTS
CERTIFICATE OF LIABILITY
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 of Insurance will be required.
In addition, the Contractor may be required to submit updated fmancial statements from the fund
upon request from the County.
WC3
Administration Instruction
#4709.2
90
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)
t' 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
56
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,OOO,OOO Aggregate
PR02
Administration lnmuction
#4709.2
78