Item K09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17,2004 Division: Growth Management
Bulk Item: Yes X
No
Department:
N/A
AGENDA ITEM WORDING: Approval of amendment number two to the contract between Monroe
County and the firm of Freilich, Leitner & Carlisle for legal services to provide assistance in the
preparation of amendments to the County's Comprehensive Plan and Land Development Regulations.
ITEM BACKGROUND: The firm of Freilich, Leitner & Carlisle of Kansas City, Missouri, is
currently providing legal services to assist the County in preparing amendments to the County's
Comprehensive Plan and Land Development Regulations to implement Goal 105. Further legal
services are required by the Growth Management Division that will need an increase in the budget set-
aside for these services.
Legal assistance to the County is authorized through work orders. Under this contract amendment the
fir8t two tasks that will be undertaken by the law firm will be: (1) to evaiuate the County's beneficial
use determination process and provide specific recommendations on alternative approaches to correct
problems identified in the evaluation; and, (2) to evaluate the proposed package of amendments to the
Comprehensive Plan and Land Development Regulations from an overall legal defense standpoint
particularly as related to applicable Federal and State takings law and the Bert Harris Act.
The limit on the maximum compensation under the current contract needs to be revised as the
remaining funds have already been committed.
PREVIOUS RELEVANT BOCC ACTION: Approved contract with Freilich, Leitner & Carlisle for
legal services in May 2002; and approval of amendment number one to this contract in August 2004.
CONTRACT/AGREEMENT CHANGES: Increase contract amount from $95,000 to $175,000
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$175,000
BUDGETED: Yes X
No
COST TO COUNTY:
$175,000
SOURCE OF FUNDS: Fund 148
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH
Year
APPROVED BY: County Arty ~
DOCUMENTATION:
Included X
DIVISION DIRECTOR APPROVAL:
To Follow
Not Required_
DISPOSITION:
AGENDAITEM#~~
/
/
..
15
PAGE
1/1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Freilich, Leitner Carlisle Conlnlct #
~-
~ Effective Date; Upon ApproVal
Expiration Date; ....--... -
Contract PutpoSe/Dcscription: ~
Approval of a contract amendment between MOnt'oe County and the fi.nn of Freilich
Leitner & Carlisle for legal services to prepare amendment.. to the County's LDR's_
This amendment will increase the oontra.ct by $80>000 for a total of$175tOOO. '--".-
...
Contract Manager. Timothy MeGany 2519 Growth Management # 11
(Name) -'- O::x:.} (lJepa.nnlentlStop #)
for HaCC meeting on November 17, Agenda Deadline:
2004
CONTRACT COSTS
Total Dollar Value of Contract $ $175,000
Budgeted? Yes[8] No 0 Acco"UiltCOdes:
Grant: $ Nt A
County Match; $
Current Year Portion: $ 80,000.
148-2lQQQ~ fJO-3.,ro..
-
--- -----. ---..... -
~ -
--....0.- _ -.--..--__
- - -
ADDITIONAL cosTl-' ~-
Estimated Ongoing Costs: $ Iyr For:
(Not included in doJI:u" \Iliac above,- (eg. mamaenanu. utilitJe&, janitorial> lI~'lIl"ios, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed ~er
JI-ID..o1.f YesIJ NoB'... .
W-( YesD Nol$l _ ()1). '
-_ YesDNo~
Date Out
(/-I' ,tl/
Risk Management
O.M_BJPurchasing
lh/aJ...
County Attorney ~ Yes~ NoD
Comments:
AMENDMENT NO.2 TO
CONTRACT FOR LEGAL SERVICES TO PREPARE COMPREHENSIVE
AMENDMENTS TO CHAPTER 9.5, MONROE COUNTY CODE
BETWEEN MONROE COUNTY AND FREILICH, LEITNER & CARLISLE,
DA TED MAY 30, 2002
The Board of County Commissioners and Freilich, Leitner, & Carlisle ("FLC"),
hereby agree to amend the last sentence of Section 1. of the subject contract to
read as follows:
"The maximum compensation available to FLC under this contract is
$175,000."
All other provisions of the Contract between Monroe County Board of County
Commissioners and Freilich, Leitner, & 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
Date:
Date:
ATTEST:
FREILICH, LEITNER,& CARLlSE
By:
Assistant Secretary
By:
Partner
Date:
Date:
ACORD
..
CERTIFICATE OF LIABILITY INSURANCE
OP ID;r DATE (MMJDDIYYYY)
FREIL-1'" 08/27/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Haake Companies
4650 College Blvd.,Suite #300
Overland Park KS 66211-1626
Phone:913-491-1999 Fax: 913-906-0088
! INSURERS AFFORDING COVERAGE
INSURER A: The Hartford ITT
._.._---------._---~_._._-_._-, -------_..-~- --.-
--"'- -----------------...-
NAIC#
INSURED
Freilich, Leitner & Carlisle
1150 One Main Plaza
4435 Main Street
Kansas City MO 64111-7727
COVERAGES
INSURER B:
INSURER C:
, INSURER 0:
INSURER E:
-------~--.-- "--'---'--------_'._____u __. ________.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSUREO NAMEO ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWITHSTANDING
AIiY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDEO BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOITlONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAlO CLAIMS.
INSRADDV POllcrl EFFEcnXE-PODC~;~XPIi~AfJJ?N ;-- ----- -_ ,__ ..-....
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/ODIYY DATE MM/ODIYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- DAMAGE TO RENTED
A X COMMERCIAL GENERAL LIABILITY 37SBAAM5833 04/05/04 04/05/05 PRE'-4'SES lEa occurence) $300,000
- -----. - -
CLAIMS MADE X OCCUR MEO EXP (Anyone person. $ 10,000
-.-- -- ... --
PERSONAL & ADV INJURY $1,000,000
-. ---- ".
GENERAL AGGREGATE . $ 2 , 000 , 000
'-. .-- --"- ---.------..------- - ---_.. ----.
GEN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS - COMP/OP AGG $ ,2 , 000 , 000
.-------; /----= PRO- - ---------------.---- '.
POLICY ! JECT LOC .
AUTOMOBILE LIABILITY -;-
.--- I COMBINEO SINGLE LIMIT $1,000,000
A ANY AUTO 37DBAAM5833 04/05/04 , 04/05/05 (Ea accident)
I
..---- --..---------. ._-..
ALL OWNED AUTOS BOOIL Y INJURY
".'- (Per person) $
SCHEOULED AUTOS
--, "" ------
X HIREO AUTOS ANY QUESTIONS-PLEASE CONTACT BODILY INJURY
$
X NON-QWNEO AUTOS (Per accident)
---.... ------. ,-
-.-. ---_.. .-._-- --.------------.- SHELLEY NEWMAN PROPERTY OAMAGE $
- (Per aCCIdent)
GARAGE LIABILITY (913) 491 - 1999 AUTO ONLY. EA ACCIDENT $
.-
ANY AUTO OTHER THAN EA ACC $
j------
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $4,000,000
--
A X OCCUR CLAIMS MAOE 37SBAAM5833 04/05/04 04/05/05 AGGREGATE $4,000,000
---- . -..-
$
--,
OEDUCTIBLE $
-
RETENTION $ $
WORKERS COMPENSA nON AND X_rg~Y:>LIM:~~_ om.
EMPLOYERS' LIABILITY ,ER . ,
A 37WECPA1689 04/05/04 04/05/05 E.L. EACH ACCIDENT $ 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE .- --
OFFICER/MEMBER EXCLUOED? E.L. DISEASE - EA EMPLOYEE $ 500,000
~~~(;~~'~~v~~~<fNs below --~...-- -----..------. - ---.
E.l. OISEASE - POLICY LIMIT $ 500.000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
AGGREGATE LIMITS AT INCEPTION- MONROE COUNT BOARD OF COUNTY COMMISSIONERS IS
NAMED AS AN ADDITIONAL INSURED BUT ONLY AS THEIR INTEREST MAY APPEAR TO THE
NAMED INSURED.
.'
CERTIFICA TE HOLDER
MONROE COUNTY BOARD OF
COUNTY COMMcrSSIONERS
MAYRA/FAX: 305-289-2854
2798 OVERSEAS HIGHWAY, STE 400
MARATHON FL 33050
CANCELLATION
GROWTHM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TIO
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -!Q... DAYS WRITTEN
NOnCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED RESENTATlVE
c CORD CORPORATION 1988
ACORD 25 (2001/08)
A.CllRIl.. CERTIFICATE OF LIABILITY INSURANCE I OATE (MM/DD/YY]
06130104
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI
Van Gilder Agency Co. (KS) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6700 Antioch, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Merriam, KS 66214 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
913671-7877 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Philadelphia Indemnity Insurance
Freilich, Leitner & Carlisle INSURER B:Admirallnsurance Company
4435 Main Street INSURER c:
Suite 1150 INSURER 0:
I Kansas City, MO 64111-1858 INSURER E:
THE POLICIES OF INSURANCE USTED BELOW 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 All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~.f: TYPE OF INSURANCE POLICY NUMBER Pg~!ft.Y ~FECTIVE POLICY EXPIRATION LIMITS
~NERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire $
I CLAIMS MADa OCCUR ME 0 EXP (Anyone person) $ ----
, Pl:RSONi<.. i. ADV INJURY $
. '~
- GENERAL AGGREGATE $
--
~'L AGGR~nLlMIT AnSPER: PRODUCTS-COMP/OP AGG $
POLICY I ~~~T LOC I
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
-
I-- ALL OWNEO AUTOS BODIL Y INJURY 1$
SCHEDULED AUTOS (Per person)
I-- "-
I-- HIRED AUTOS BODIL Y INJURY
(per accident) $
NON -OWNE D AUTOS
I-- --
I-- I PROPERTY DAMAGE I
I (per accident) i$
RAGE LIABILITY AUTO ONLY- EAACCIDENT $
--.-
ANY AUTO OTHER THAN EAACC $
-I -..----.-
AUTO ONL Y: AGO $
I I
EXCESS LIABILITY EACH OCCURRENCE $
=:J- OCCUR 0 CLAIMS MAOE ""-
I AGGREGATE $
1$ -----
==i DEDUCTIBLE ---j $
RETENTION $ i$
I WORKERS COMPENSATION AND I IT"Xg~r~.1l{c, I IOJ~~
EMPLOYERS' LIABILITY E_L. EACH ACCIDENT $
I I I -------
E.L.DISEASE-EAEMPLOYE6 $
I I --.
I
I ,E.L. DISEASE -POLICY LIMll1 $
A i OTHER Lawyers Prof I PHSD075226 I 01/01/04 01/01/05 I $5,000,000/$5,000,000
B ,Excess Profe 9612245 01/01/04 01/01/05 I $5,000,000 Excess
, I
,
DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
COVERAGES
CERTIFICATE HOLDER
Client#. 11543
FRELEI
I AODmONAL INSURED' INSURER I..ET'TER:
CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED f'OUClES BE CANCELLED BEFORE THE E>CPIRATION
OATETHEREOF, THE ISSUING INSURER WILLENOEAVOR TOMAIL31L- DAYSWRl11'EN
NOTICETOTHE CERTlFJCAlC HOLDER NAMED TOTI-ELEFT. BlITFAlLURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER.ITS AGENTS OR
REPRESENTATIVES.
AUTHO IZED REPRESENTATIVE
Monroe County Growth Management
Attn: Kelly Papa
2798 Overseas Highway
Suite 400
Marathon, FL 33050
ACORD 25- S (7197)1 of 1
#S372059/M368163
OAK
(i) ACORD CORPORATION 198
I ,
AMENDMENT NO.1 TO
CONTRACT FOR LEGAL SERVICES TO PREPARE COMPREHENSIVE
AMENDMENTS TO CHAPTER 9.5, MONROE COUNTY CODe
BETWEEN MONROE COUNTY AND FREILICH, LEITNER & CARLISLE,
DATED MAY 30, 2002
The Board of County Commissioners and Freilich, Leitner, & Carlisle ("FLC"),
hereby agree to amend the last sentence of Section 1. of the subject contract to
read as follows:
"The maximum compensation available to FLC under this contract is
$95,000."
All other provisions of the Contract between Monroe County Board of County
Commissioners and Freilich, Leitner, & Car~il3!e, silall remain in full force and
effect.
/~;';:::::-:-"'-,:. "-
A T1ESl_.GarmyL Kolhage, Clerk
;<::~:.:> ~;:.\P;:-.;::;~,';;
"L' '. \\:. \ '.)
!! ~-. . -,~__, ~...~., .:' .- ,'f
;.:._. "-4 .-. .
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
...\~~ .
By:'Ii~{ ~';i~
Deputy Clerk
. ~ :,f
By: ~ (~
Mayor/ hairman
Date:
g"-J f-()t..f
Date:
8-/8-0'-/-
ATTEST:
f\ (I ___
By: -../k~
')f~i!tant Secretary
S SD~~t-
Date: <tlb,loi
MONROE COUNTY ATTORNEY
-Qne~~~~:
JOHN R. COLLINS
~auNTl DtJ~NEY
)ate 0 /2.3 _______._.
I
C:\TEMP\flcmend1.doc
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 authorizpd 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 c.ontract 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 followin~
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
yea"r written below
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
B~~~
~ puty Clerk
....
Date: (/1f"./~. Zoo z..
BOARD OF COUNTY COMMISSIONERS
OF MONROE C~NTY, FLORIDA
By:
Mayor/Chairman
O~'/~. 2.ecz.
Date:
Title:
(SEAL)
Attest:
,
r--1!
Date: v ')a '.1 'Z--
/ .I
Date:
-3 -
EXHIBIT A
INSURANCE REQUIREMENTS
CERTIFICATE OF LIABILITY
1996 Edition
WORKERS' Co'MPENSATION
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 Disea~~, 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 Insmance. 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 (CSt)
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 F onn 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 Insmed 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 nunimum limits of liability shall be:
$500,000 per Occurrence/$ 1 ,000,000 Aggregate
PR02
Administration In~ruction
#4709.2
78
. ACORI). CERTIFICA TE OF LIABILITY INSURANC~Pt~~ ~ DATE (MMIDDIYY)
05/02/02
PRODUCER . 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Haake Companies HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4650 College Blvd.,Suite #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Overland Park KS 66211-1626
Phone: 913-491-1999 Fax: 913-906-0088 INSURERS AFFORDING COVERAGE
INSUREO 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 D:
Kansas City HO 64111-7727 I
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE lISTEO BELOW HAVE BEEN ISSUEO TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOO INOICATEO. NOTWITHSTANDING
AN'( REQUIREMENT. TERM OR CONOITION OF AP<rf CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAlO CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER ~2~~C~~~t~VE POLlC~,EXP~rrJWN LIMITS
LTR DATE MMIDD
~NERAL LIABIUTY EACH OCCURRENCE $ 1,000,00:0
A X COMMERCIAl GENERAL LIABILIlY 35308303 04/05/02 04/05/03 FIRE DAMAGE (Anyone lire) $ INCLUDED
1 CLAIMS MADE [i) OCCUR MED EXP (Anyone person) $10,000
- PERSONAL & AnV INJURY $ 1 , 000 000
- GENERAL AGGREGATE $ 2,000 000
nLAGGRn~~ AnS PER: PRODUCTS-COMP~PAGG $ INCLUDED
POLICY JECT LOC
~TOMOBILE L1ABIUTY ". COMBINED SINGLE UMIT $ 1,000,000
B AP<rf AUTO 73200746 04/05/02 04/05/03 (Ea accident)
>---
- AlL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS ~19~EM NT (Per person)
- A~~l~~ MA
~ HIRED AUTOS BODILY INJURY
\ ',,1 , $
~ NON-OWNEO AUTOS BY v . ( IJ \, (Per accident)
{).r
- PROPERTY DAMAGE
DATE . (Per accident) $
GARAGE LIABILITY NI A-:::::- 'J::C - AUTO ONLY - EA ACCIDENT $
R" AP<rf AUTO WAIVER
OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS L1ABIUTY EACH OCCURRENCE $ 4 ,000.000
B ltj"OCCUR 0 CLAIMS MADE 79739201 04/05/02 04/05/03 AGGREGATE $ 4,000,000
$
~ DEOUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I TORY lIMITS1 IOl~-
B EMPLOYERS' L1ABIUTY 71624118 04/05/02 04/05/03 500,000
E.L. EACH ACCIDENT $
E.L. OISEASE - EA EMPlOYEE $ 500,000
E.L. DISEASE - POLICY LIMIT $ 500,000
OTHER
-,
DESCRIPTION OF OPERATlONSIlOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SHALL BE NAMED AS ADDITIONAL
INSURED WITH REGARDS TO THE PROJECT: WIRELESS TELECOMMUNICATIONS ORDINANCE
ANY QUESTIONS-PLEASE CONTACT
/
C~~ JULIET SWAIN
CERTIFICATE HOLDER I N r ADDITIONAL INSURED; INSURER LETTER: CANCELLATION (913) 491 - 1999
MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
MONROE COUNTY BOARD OF DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -..lO.. DAYS WRITTEN
COUNTY COMMISSIONS NOTICE TO THE Cf:FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
MONROE COUNTY PLANNING DEPT. IMPOSE NO OBlIGf. ION OR LIABILITY OF ANY KIND U~fE INSURER, ITS AGENTS OR
2798 OVERSEAS HIGHWAY, STE.400 REPRESENTA~ . _ n
MARATHON FL 33050
AUTHO~~Y;:.NT~!t?~I/ e /"T -Y~
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ACORD 25-S (7197)
@ ACORD CORPORATION 1988
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17,2004 Division: Growth Management
Bulk Item: Yes X
No
Department:
N/A
AGENDA ITEM WORDING: Approval of a contract between Monroe County and the firm of
Freilich, Leitner & Carlisle for legal services to provide assistance in the preparation of amendments to
the County's Comprehensive Plan and Land Development Regulations.
ITEM BACKGROUND: The firm of Freilich, Leitner & Carlisle of Kansas City, Missouri, is
currently providing legal services to assist the County in preparing amendments to the County's
Comprehensive Plan and Land Development Regulations to implement Goal 105. Further legal
services are required by the Growth Management Division that will need an increase in the budget set-
aside for these services. Rather than amending the current contract with the law firm, the County
Attorney is requesting that the County enter into a new contract.
Legal assistance to be provided the County will be assigned through work orders. The first two tasks
that will be undertaken by the law firm will be: (1) to evaluate the County's beneficial use
determination process and provide specific recommendations on alternative approaches to correct
problems identified in the evaluation; and, (2) to evaluate the proposed package of amendments to the
Comprehensive Plan and Land Development Regulations from an overall legal defense standpoint
particularly as related to applicable Federal and State takings law and the Bert Harris Act.
As this contract is for legal services, it is not subject to the County's purchasing policies.
PREVIOUS RELEVANT BOCC ACTION: Approved contract with Freilich, Leitner & Carlisle for
legal services in May 2002; and amended this contract in September 2004.
CONTRACT/AGREEMENT CHANGES: New contract.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
Up to $80,000
BUDGETED: Yes X
No
COST TO COUNTY:
Up to $80,000
SOURCE OF FUNDS: Fund 148
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH
Year
--
APPROVED BY: County Arty ~
DOCUMENTATION:
Included
To Follow X t Required_
AGENDA ITEM # K -" q
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION: Growth Management
DEPARTMENT: N/A
SUBJECT: _Approval of a contract with the firm of
Freilich, Leitner & Carlisle for legal services.
DATE ITEM WILL BE A V AILABLE:
11/05/04