06/12/2001
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 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 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.
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.
Y L. KOLHAGE, CLERK
BOARD OF COUNIY COMMISSIONERS
/ OF MONROE COUNIY, FLORIDA
~[(-.e ~
Mayor / Chairman
-
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Exhibit A
SCOPE OF SERVICES
for Amendments to the Wireless Communications
Facilities Ordinance
PHASE I BACkGROuNJ> REVlEW AND ANALYSIS.
1.1 Backgl-Ound Material Review. Freilich, Leitner & Carlisle (Ftc) will review
Monroe County (County) and other documtnts needed for the dev",Iopment ofln
appropriate legal and planning strategy for carrying out the amendments to the
current Wl.R!less Communications Facilities Ordinan~e (the Ordi11ance). These
documents will include, but are no~ limited to:
· County Comprehensive Plan and Future Land Use Map
· County LllIld Development Regulations and Land Use District Map
· Other Applicable County regulations
· Others documents as appropriate
County Staff will pn)vide avaHable plans, roports, files. maps, and other
data required for this initial assessment.
1.2 Interviews. FLC will meet with County statf and other officials to obtain.
infonnlltion relevant to the Bmelldment of the Ordinance. 5uch as:
· Members of Board of County Comm.issioners (BOCC)
· MembQfll of Planning Commission
· County Attomey
· Planning Director and Staff'
· Attorney and Staff of .nearby cities and counties. where applioablc
Meetings:
. Work Produ~t:
Estimated Cost;
Meetings with Staff and other offiCials.
Sll111ma1y of the land use and legal issues identified in Phase I.
$6,210 plus expenses
Freilich. Leitner &. Carlisle
1150 One Main Plua, 4435 Main St.nM~ Kansas City, MO 64111-7727
Phone: (8]6) $61-4414 Fax: (816) 561-793 I tsmith@flr;-k:c.com
doc:. IUm'l9II3jS-OC17
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Exhibit A
PHASE II
DRAFT OF DEVELOPMENT REGULAnON AMENDMENTS.
Meetings:
Work l>>rodnd;
Estimated Cost:
PHASE m
3.1
3.2
3.3
Based on input ftom Phase I, FLC win prepare draft ordinance language in
accordance with land use and legal principles of State and Federa.llaw. This
Scope of Services does not include any analysis of coverage area, development of
additional data regardil'li wireless communications in the County, or any other
data not c1UreDtly and readily available. County staff will provide all data and
~echnica1 information necessary in the development of the Ordinanc.e.
J;Jhase II will be completed DO later than July 3~ 2001.
None.
Draft Land Development Regulations.
$5,400 pb,J.s expenses
REvmw AND ADOPTION PROCESS.
PlannilJg Commission. FLC will attet)d One (I) meetiAg of the Plarming
Commission during the formal public hearing and adoption process. FtC will
present the changes and the overall scope and operation of the Ordinance as
amended put"$\IaJ1t to this Scope ofS~ices_
PlanDmg Commission Revisions. If nlt(;essary. FLC will revise the draft
Ordinance to incorporate any changes proposed hy tbe Planning Commission, to
be presented to the BOCC for its consideration.
Board of County Commissione.... FLC w.ill attend one (1) meeting of the
BOCC during the public hearing and adoption process, and will present the
changes and the overall scope and opera.tion of the Ordinance, inoluding any
changes proposed by the Planning Commission.
dot.M4m~3s.s'O07
FrclHdt, Leitner &. Carlisle
1150 One Main Plaza, 4435 Main Street. Kansas City~ MO 641 I 1.7727
Ph~lJe: (816) 561-4414 t<: (816) 561-793 I ~t:httllfl~-kc:.com
2
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NO. 951
Exhibit A
Meetings:
Work Product:
Esti~ated Cost:
PHASE IV
4.3
3.4 Final Draft. Ftc will prepare one (I) camera-ready original of the adopted version
of the 81nended Ordinance for printing, as wellllS a version in computer fonnat.
Phase III will be wmpleted no later than September 7, 2001. Howevel:~ this dead.line
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 additionaJ. travel or services required beyond those clescrib~d in
Phases I - III will be compemated in accordance with Phase IV, below, '~Additional
Services."
One (1) presentation to the Planning Commission and one (I) presentation
to the BOCC, made in two (2) sepamte trips.
A final c8.tt1era-rc.dy original of amended Ordinanee. as adopted7 also in
computer foonat.
$7,020 plus eXpCNes
AoDmONAL SERVICES (OPTIONAL)
4.1
Additional PubJi~ He3riup. As requestoclby the COWlty, FLC may prepare fot,
attend and partiCipate in public hearings beyond those described in Phase III of
this Scope of SeJ.'\lic:es.
4.2
Continuing TeChnical Support. FLC will be available to the County staff and/or
the BOCC on an as needed basis following adoption of the amended Ordinance to
provide technical implementation. administrative. and enforoenient support
including, but 110t limited to, interpretation of provisions, responses to questions7
application ofprovi5ions to specific.development proposals. and oonsideration of
futute amendments.
Litigation Suppot't Services. Althouah the Ordinance will be designed and
drafted to avoid Utigation, litigation may nevertheless be filed on a "facial" or on
an "as applied" basis. In either case. FLC will be available, upon the request of
the COuntyl to provide litiaation support Services including, but not limited to,
assistanco on legal research, development of legal theories and. d!fe.nses,
pleadings, responses to pleadings, mdtions, briefs, argtJ1l1ents, depositiOll!l and/or
dOaJ/471B$/9D,SH07
Fro!lich, Leitner & ClTlisle
1150 One Main Piau, 443:$ Main S~:Kan5as City, MO 64111-1727
PhOTJe: (HIli) 561-4414 Pax: (816) ~(i1-7931 !imid1lQlflc-kc.c071l
3
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Exhibit A
expert witness testimony.
Meetings:
Work Product:
Coat Estimate:
To be Determined.
To be Determined.
To be billed on time & expenses basis agreed UPOQ by COWlty and FLe.
FEE AND COST SCHEDULE
1. Fees and Ex1'el1ses
The fees and expenses set forth in this Scope of Servioc5, but excluding Additional
Services, are inclusive of (l) direct expenses incurred by FLC in the perfonnan~e of those
services. and including but not limited to long-distance telephone charges. faosimilo Charge5.
photocol'}'ing, overnight deliveries, postage and the like, culd (2) travel expenses incurred by
FLC for sp=ified trips to Monroe County as set forth in the SCOfJC of Services, and including but
not limited to airfare, hotel, rental car, mileage charges, gas, parking, meals, and the: like, and (3)
hourly charges for all personnel employed by FLC and worJdng on this Project. Travel expenses
will be paid only in the amounts authorized by Section 112.061, F.S.
2. Maximum Fees and ExPenses by Phase
The maxjmwn fees and expenses to be paid to FLC, excluding Additional S~ces. shall
not exceed $24,038. Although fee and expense estimates are provided by phase above. these are
only estimates and do not prohibit either Ftc or the County from allocating required services
differently than as indicated in this Scope of Services, so long 8.!1 the maximum fees and exp~s
do not exceed $24,038 for the entire Project.
3. Additional Services
-
If Additional Services are requested by the County. FLC and the County will agree to a
fee and cost schedule for the provision of such services based on the following hourly rates:
S. Mark White, Pa.rtner
Tyson Smith, Associate
Law Clerks
$175.00
$135.00
SSO.OO
FreUJch, Lehner &; carlisJ"
1 ISO One Main Plaza. 4435 Main Street, Kans~ City, MO 6411 ]-7727
Phone: (816) S6l-4414 Fa.'t: (116) S61-7931'mnlt:MAflOokc.com
4
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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 financial statements from the fund
upon request from the County.
WC3
Administration Instruction
#4709.2
90
1996 Edition
.,4 -
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
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 Instruction
#4709.2
78