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Item B05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 20, 200 I Division: Growth Management Bulk Item: Yes X No Department: Planning and Environmental Resources AGENDA ITEM WORDING: Amend the contract between Monroe County and the firm of Freilich, Leitner and Carlisle to add funds for the hiring of a wireless communications technical expert. ITEM BACKGROUND: The firm of Freilich, Leitner and Carlisle law offices in developing the proposed amendment, currently under review by the BOCC, to the wireless communications ordinance required the services of an independent technical expert to assure that the proposal met the technical requirements of the Telecommunications Act of 1996. PREVIOUS REVELANT BOCC ACTION: Approval of contract (up to $34,038) with the firm of Freilich, Leitner and Carlisle for legal services to prepare amendments to the County's wireless communications ordinance on June 12,2001. CONTRACT/AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: Approval TOTAL COST: $34,038.00 BUDGETED: Yes X No COST TO COUNTY: $34,038.00 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH NI A Year DOCUMENT A TION: Included , ICP APPROVED BY: County Atty ~ DIVISION DIRECTOR APPROVAL: X To Follow Not equired AGENDA ITEM # ~ DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: ~;4J.. ~~ Contract # Effective Date: Expiration Date: f~ /.;J Roc; I , Contract Purpose/Description: ""- o~e O'-r\ T." /~ ~ / % ~~I?'i' C'otll'LU-7 ,?Yj-",,~o (Name) (Ext.) for BOCC meeting on ,. -c:ltJ -- &1/ Agenda Deadline: Jj - 3/- () CONTRACT COSTS Total Dollar Value of Contract: $ 3f; CJ:3 J'. Budgeted? Yes[2S] No D Account Codes: Grant: $ ~ County Match: $ tP Current Year Portion: $ ~-IY(Jf) lID 53l) -~i$/f ADDITIONAL COSTS Estimated Ongoing Costs: $ - /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Date In q-U!ijtl; Changes Needed m/' YesO NOLT _ Date Out Risk Management - ~ , ,. \ , r:-,/" ~- , '\ '-,; , \_~. i 0\ YesO No~ i_ '., \_ Ie 9J;401 YesO NOUJ/': . YesONo~ O.M.B.lPurchasing County Attorney Comments: OMS Form Revised 2/27101 MCP #2 AMENDMENT #1 TO AGREEMENT BETWEEN MONROE COUNTY AND Freilich, Leitner and Carlisle, DATED June 12, 2001 The Board of County Commissioners and Freilich, Leitner and Carlisle, hereby agree to amend the subject Agreement as follows: Amend Exhibit A · Phase III Review of Adoption Process: 3.5 Technical Review: Cityscape Siting and Management, Inc., a professional engineering consulting firm with expertise in wireless communications, will evaluate the ordinance to determine if the draft meets the technical requirements of the current Federal Regulations and if the setbacks, lighting and structural requirements are feasible. Meetings: add FLC and the Cityscape consultant will attend the second public hearing before the Board of County Commissioners in a third (3) separate trip. · Fee and Cost Schedule 1. add paragraph at the end " The fees and expenses for Cityscape engineering consultants shall be billed at $150.00 an hour for engineering services and other expenses billed at cost. 2. Maximum Fees and Expenses liThe maximum compensation available to the FLC and it's engineering consultant under this agreement is $34,038.00." 3. Additional Services- add Danial Collins, Cityscape Siting and Management $150.00 Richard Edwards, Cityscape siting and Management $150.00 All other provisions of the Agreement between Monroe County Board of County Commissionersand. Freilich, Lietner, and Carlisle shall remain in full force and effect. ATTEST: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman ATTEST: Freilich, Lietner, and Carlisle By: \PPROVED AS TO FORM \NDLEG S Y istant Secretary By: Title ce CONTRACT FOR LEGAL SERVICES TO PREPARE AMENDMENTS TO THE WIRELESS COMMUNICATIONS 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 FLC's receipt of the abandonment or nonappropriation 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 Date jdconFLCwi~1ess BOARD OF COUNTY COMMISSIONERS / OF MONROE COUNTY, FLORIDA ~~e ~~~ Mayor/Chairman B tlO(tlb/2E:lfl.l. tJ':I;"l::J L::J 0 t-'~J.NI,:, Ut.r', .:U::J:!- LO,,:?:- __~__. __. I....' ...,..., NU.~l PAGE El2 P.:~k6 Exhibit A SCOPE OF SERVICES for Amendments to the Wireless Communications Facilities Ordinance PHASE I BAClCGROtJND REYlEW AND ANALYSIS. 1.1 Background Material Review. Freilich, Leitner & Carlisle (FtC) will review Monroe County (County) and other documents needed fur the development of In appropriate legal and pla""Ulg strategy for canying out the .lQDf'nnrnents to the cunent Wireless Communications Facilities Ordinanee (the Ordinance). These documents will include. but are not limited to: · County Comprehensive Plan and Future Land Use Map · County Land Development Regulations and Land. Use District Map · Other Applicable County regulations · Others documents as appropriate County Staff will provide available plans, I'OpOrts. files. maps, and other data n:quircd for this initial assessment. 1..2 Interviews. F1.C will meet With County staff and otl1er officials to obtain infonna.tion relevant to the Ift1el\dment of the Ordinance. such. as: · Members of Board of County Corrunissioners (BOCC) · Membm of Planning Commission · Co'UDty Attorney · PIanniug Director and Stan' · Attorney and Staff of nearby cities and counties. where applicable Meetings: Work Produ~ EstiDlated Cost: Meetings with Staff and other officials. Summary of the land use and legal issues identified in Phase I. $6,210 plus expenses Freilich, Leitner &. Carlisle 1150 One Main Plaza, 4435 Main SfrlMt. Kansas City, MO 64111 ~ 7727 Phone: (816) $6J-4414 Fax: (116) 561-7931 tsm~f1c-kc.c:om da&:14m'/9a]jS-Oll7 ~b(Elb/2Bfll t::I:;,;q:J 3~:J-~~:;'-~:J~b. PLANN1~ DEFT . -_... . .-....-...... L....A.;...a..I~ ~ NO.9S1 PAGE e3 P.4/6 Exhibit A PHASE U DRAFT OF DEVELOPMENT REGULA'l10N AMRNDMENTS. Based on ioput ti:om Phase 1. FLC will prepare draft ordinance language in accordance with land use and legal principles ofStatc and Fcdcra11aw. This Scope ofScrvices does not include any analysis of coverage area, d=velopment of additiomLl data rcgardina wireless communications in the County, or any other data not currently and readily avaiJablc. County staff will provide all data IUtd technical information necessary in the development of the. OrdinJlnt'.e. Phase n will be completed no later than July 3, 2001. Meetinp: Work Produet: E&t1mated Cost: None. Draft Land Development Resulations. $5,400 plus expenses PHASE m REvIEw AND ADOPTION PROCESS. 3.1 Planni"g COlllmissloD. FLC will attend One (I) meetWa of the Planning Commission during the fonna1 public hearing and adoption J)rocess. FLC will present the changes and the overall scope and operation of the Ordinance as amended pur$Uant to this Scope of Services. 3.2 Planning CommlsaioD Revisiom. If necess.ry. FLC will revise the draft Orc:Ihumcc to incorpora~ any changes proposed by the Planning Commission, to be presented to the BOCC for its consideration. 3.3 Board OfCOUDty Commissioncn. FtC will attend one (1) meeting of the BOCC during the public hearing and adoption process, 811d will present the changes and the overall soopc and operation of the Ordinance, inCluding any changes proposed by the Planning Commission. FrciliQi, Leitner &: Carlisle 1150 One Main Plll28. 4435 MaiD Snet, Kansas City, MO 641 I 1.7727 Ph6IJe: (816) 561-4414 l"ax.: (816) 561-793 I ~thtalftc-k<:.com 2 4o'~77U'J03~s.oQ1 06/06/2001 69:45 2536 PLANNING DEPT 305-289-:- ____. __......, ......, NO. 951 PAGE El4 P.5/6 Exhibit A Meetings: Work Product: 3.4 Final Dratt. Ftc will prepare one (I) camera-ready orilinal oftbe adopted version of the amended Ordinance for printing, as wcllas a version in COmpm=- fonnat. Phase ill will be completed no later than September 7, 2001. However, this d_tflinlP may be extended by the amount of any delays caused by additional Planning Commission hearings or other public meetings not contemplated in this Scope of Services. Resulting additional travel or services required beyond ~e cicscribed in Phases I - ID will be compcasated in accordance with Phase N, below, ~ Additional Servic=s." Olle (1) pre~...ntJttion to the Planning Commission and one (I) presentation to the BOCC, made in two (2) 3Cp11rate trips. A final camera-ready original of amended Ordin~n~. as adop~ also in com.puter format. $7,020 plus eXpC.Dles EstiDlated Cost: PHASE IV 4.3 ADDmONAL SUVlCES (OPTIONAL) 4.1 Additional PubJie Heariap. As requested by tho County, FLC may Pl'epare fQt, attend and participate in public heerings beyond those described in Phase ill of this Scope of Sel'\1ices.. 4.2 Continumg TeClmieal Support. FLC will be available to the County st:Bff and/or the BOCC on an as needed basi! following adoption oCtile amended Ordinance to provide tcchniasI. impJementalion. administrative, and enforcement mpport including, but not limited to, interpretation of provisions, responses to questions, application of provisions to specific development proposals, and oonsideration of future amendments. Litigation Support Services. Althouah the Ordinance will be designed and drafted to a'Void litigation, litigation may nevertheless be filed on a "facial" or on an "as applied" basis. In either case, FLC will be available, upon the request of the C01D1ty, to provide litiaatiOft support services including, but not llinited to, _stance on legal research, development of Jegtd theories and defenses, pleadings, responses to p1eadinss. motions, briefs, argt1lnents, depositions and/or IIODMn"~S50007 FroUich. LeiUler & Carlisle 1150 One Main PIaa, 4435 Main Street. Kansas City, MO 64111-7727 Phone: (816) 561--4414 Pax: (816) ~ti 1-7931 !Zimj1:h(ii}{J.~-kc:.cmn 3 ~b/BD/2B61 ~~:q~ 1"'L...f-'t"Ol'lJ.'''''' 1JI:.r I ..:ll:l~-~8~-:~_~b__. _......., """"" NO. 951 I"'Al.:Ji:. l:1~ P.G/6 Exhibit A expert witness testimony. Mectinp: Work Product: CDlt Eltimate: To be Detcnnined. To be DcIz:rmined. To be billed on time & expenses blsis agreed upon by County and FLC. FEE AND COST SCHEDULE 1. Fees8Dd~ The fees aD<l expenses set forth in this Scope of Services, but excluding Additional Services. are inclusive of (1) direct expenses incurred by FLC in the performance of those serviocs, and inclUding but not limited to long-distance telephone cbazBcs, ~imi1e charges, photocopying, overnight deliveries, postage and the like, and (2) travel expenses incurred by FLC for spcoified trips to Monroe County as set forth in the Scope of Services, and including but not limited. to airtire, hotel, rental car, mileage charges, gas, parlcing, meals, and the like, and (3) homiy charges for all personnel employed by FLC and working on this Project. Travel expenses will be paid only in the amountS authorized by Section 112.061, F.S. 2. Maximum Fees and EXPCnSeS by Phase The maximum fees and expenses to be paid to FLC, ~luding Additional Services. shall not exceed $24,038. Although fee and expense estimates are provided by phase above. these are ouly cstimatea and do not prohibit either FtC or the County from aJloca.t.in& required services differently 1han as indicated in this Scope of Serviccs, so long as the maximum fees and expenses do not exceed $24,038 for the entire Project 3. Additional Services If Additional Services are mJucsted by the County, FLC and tho County will agree to Il :tee and cost schedule for the provision of such services based on the following hourly rates: S. Mark White, Partner Tyson Smith, Associate Law Clerks $175.00 $135.00 550.00 FreUJch. Le11ncr &; Carlisla I J SO ODe Main Plaza, 4435 Main Street. Kansas City, MO &411 J .7727 Phone: (816) S6l~14 FL't: (116) S61-7931tsmlthtalflc-tc:.com 4 doc...."I~'HIO'7 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 ofInsurance, 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) 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,OOO,OOO Aggregate PR02 Administration Instruction #4709.2 78 r--- - - ACORD. CERTIFICATE OF LIABILrTY ~NSURANC~ff~q ~ DATE (MMlODIY'f) 07/19/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA nON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Haake COD'panies HOLnER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4650 ColJeqe Blvd.,Suite '300 Ai.'1 CW THE COVERAGE AFFORDED BY THE POLICIES BELOW. Overland Park KS 66211-1626 - -_. Phc~e:913-491-1999 Fax: 913-906-0088 INSURERS AFFORDING COVERAGE INSURED INSURER A: Chubb Group of Ins. Companies INSURER B: Chubb Group of Ins. Companies Freilich, Leitner & Carlisle INSURER C: 1150 One Main Plaza 4435 Main Street INSURER 0: Kansas City MO 64111-7727 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED Baow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~M TYPE OF INSURANCE POUCY NUMBER DATE (MMlDD/YY) DATE (MMlDDIYYl UMITS GENERAl. UABlUTY EACH OCCURRENCE $ 1,000,000 I-- A X COMMERCIAL GENERAL LIABILITY 35308303 04/05/01 04/05/02 FIRE DAMAGE (Anyone fire) $ INCLUDED I CLAIMS MADE ~ OCCUR MED EXP (Anyone peI1IOI'I) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP~PAGG $ 1,000,000 Ii POLICY n ~~ n LOC AUTOMOBILE UABlUTY COMBINED SINGLE LIMIT $ 1,000,000 f-- B ANY AUTO 73200746 04/05/01 04/05/02 (Ea Kddent) - AU. OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per peI1IOI'I) - X HIRED AUTOS BODILY INJURY t-- $ ~ NON-oWNED AUTOS (Per aCCIdent) - PROPERTY DAMAGE $ (Per acadent) GARAGE UABIUTY AUTO ONLY. EA ACCIDENT $ ~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS UABlUTY EACH OCCURRENCE $4,000,000 B ~ OCCUR o CLAIMS MADE 79739201 04/05/01 04/05/02 AGGREGATE $ 4,000 000 $ R DEDUCTIBLE $ RETENTION . $ $ WORKERS COMPENSAnON AND X I TORY LIMITS I IUeR" B EMPLOYERS' UABIUTY 71624118 04/05/01 04/05/02 E.L EACH ACCIDENT $ 500,000 E.L DISEASE. EA EMPLOYEE $ 500,000 E.L DISEASE. POLICY LIMIT $ 500,000 OTHER . DESCRlPnON OF OPERAnONSlLOCAnONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SHALL BE NAMED AS ADDITIONAL INSURED WITH REGARDS TO THE PROoJECT : WIRELESS TELECOMMUNICATIONS ORDINANCE . . JLEST:C:JS.:= ~~.'..:::: -~. - ANY '.- '- .. J U L! CI S '/',,' I~. : >~ CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION t::l1 ~'I :.q i - 1 :-~:19 MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPlRA nc MONROE COUNTY BOARD OF DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1Jl. DAYS WRmEN COUNTY COMMISSIONS NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO so SHALL MONROE COUNTY PLANNING DEPT. IMPOSE NO iBt.fnON OR UABIUTY OF ANY KIND 7N THE INSURER, ITS AGENTS OR 2798 OVERSEAS HIGHWAY, STE.400 MARATHON FL 33050 REPRES. J.. AUTHORIZE :.. ENT;;'tJ (!, ~ -- .l.- I Gera~ . ..,. ., ACORD 25-5 (7/97) @ACORDCORPORATION 1988