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