05/18/1994
MONROE COUNTY
FOURTH AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
THIS FOURTH AMENDMENT to the AGREEMENT FOR CONSULTING SERVICES
dated June 4, 1991, first amended November 13, 1991, by and between the MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, referred to
as the "CLIENT" and FREILICH, LEITNER & CARLISLE, successor to FREILICH,
LEITNER, CARLISLE & SHORTLlDGE, with offices located at 1000 Plaza West, 4600
Madison, Kansas City, Missouri 64112, referred to as the "LEGAL CONSULTANT," is
made and entered this 17 th of May , 19~. _7' .-~
Cj ::~; ~ =
WHEREAS, the CLIENT has determined that it is necessary, expedf!Q~ ~nd in the ~st
interest of the CLIENT to expand the legal consulting and related p~ssion~ervic;:es
to be provided by the LEGAL CONSULTANT in connection with the PfClviSion of adv~e,
interpretation, administration and general consultation on impact fee~18fed is~es; a..nd
-. -or:
WHEREAS, such services were provided pursuant to the FIRST~AMI;ND~NT$'O
AGREEMENT FOR CONSULTING SERVICES, Phase 2, Work Asstgnrtlent "filsk 2.1'0,
"Continuing Support"; and
WHEREAS, the funds allocated to Task 2.10 were limited ($4,200) and the budget has
been consumed by requests for impact fee interpretations, responses, advice and
consultation; and
WHEREAS, the time frame for performing the services specified in Task 2.1 0 has expired;
and
WHEREAS, the CLIENT has a continuing need for such services and, therefore, desires
to add a specific work task and identify funding therefor; and
WHEREAS, the AGREEMENT (Section 7) provides that all work assignments in addition
to those already set forth shall be authorized in writing by the CLIENT and that such
authorization shall be in the form delineated as subsequent exhibits attached to and made
a part of the AGREEMENT;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. The AGREEMENT shall be amended by adding a new Phase 2D to
Phase 2 - Impact Fees, including the following:
(1) Add to EXHIBIT "C-1," WORK ASSIGNMENT #2, IMPACT FEES, the
following:
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"Work Assianment Task 2D.1 Continuina Advice and
Consultation
The LEGAL CONSULTANT shall provide advice,
interpretations, legal opinions and responses to questions
concerning existing County impact fees, proposed revisions to
County impact fees, expenditures of impact fee funds,
eligibility of projects for funding via impact fees, annual impact
fee reports, updating of the impact fees, changes in the
impact fee calculation methodology, and, upon specific
request, investigation of additional County impact fees.
The services set forth herein may require trips to
Monroe County for meetings with County staff and/or officials,
each of which shall be authorized in advance by the Project
Manager. The services set forth herein may require legal
research and the production of legal memoranda or legal
opinions, which shall be coordinated with the Office of the
County Attorney. The services set forth herein may also
require the drafting of impact fee ordinance amendments,
attendance at Planning Commission workshops and public
hearings and attendance at Board of County Commissioner
workshops and public hearings.
Deliverables: Advice, memoranda, legal opinions,
responses to questions, as needed.
(2) Add to Exhibit "C-2," Work Assianment #2, IMPACT FEES, the following:
(a) After the last paragraph under the heading Timetable,
add the following:
"The LEGAL CONSULTANT SERVICES
identified in Work Assignment Task 2D.1 shall
be provided to the County on an on-going basis,
as requested by the County."
(b) Under the heading Work Assianments/Deliverables Timetable, add
the following:
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liT ASK
DEUVERABLE SCHEDULE
20.1 Continuing Advice, inter-
Advice and pretations,
Consultation legal opinions,
memoranda,
responses to
questions
On-going from
issuance of
Notice to
Proceed."
(3) Add to the BUDGET, the following new paragraphs after the first full
paragraph:
(a) "Phase 2D. Phase 2D is not subject to a
cost limit, but work performed by the LEGAL
CONSULTANT pursuant to Phase 2D must be
expressly authorized by the County Project
Manager as set forth herein.
(b) LEGAL CONSULTANT shall submit invoices
for services rendered and expenses incurred in
the performance of the services set forth in
Task 20.1 on a monthly basis. Such invoices
shall detail the time spent by attorney on
specific requests and matters and the
documentation for the expenses incurred.
LEGAL CONSULTANT hourly rates applicable
to this task are as follows:
Partner
Associate
Law Clerk
- $150/hour
- $85-125/hour
- $50/hour
(c) Funding for LEGAL CONSULTANT services
performed and expenses incurred pursuant to
this FOURTH AMENDMENT TO AGREEMENT
FOR CONSULTING SERVICES shall be
appropriated from the applicable impact fee trust
fund account established pursuant to Ordinance
No. 33-1992, Section 9.5-490.4(A). It is hereby
declared that the provision of such services are
eligible projects for impact fee funding pursuant
to applicable Florida case law and Ordinance
No. 33-1992, Sections 9.5-490.1 (3) and 9.5-
490.4(B). Upon requesting specific services of
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the LEGAL CONSULTANT, the COUNTY shall
identify the appropriate impact fee trust fund
account(s) from which payment for LEGAL
CONSULTANT services will be made, verify that
sufficient funds exist in the account(s) and
expressly authorize the LEGAL CONSULTANT
to provide specific services via a written "Notice
to Proceed." The "Notice to Proceed" shall
include the following:
(1) Name, address and telephone number of LEGAL
CONSULTANT;
(2) COUNTY Project Manager authorized to coordinate
LEGAL CONSULTANT's work;
(3) LEGAL CONSULTANT Contact Person;
(4) Specific question, issue, advice, request for interpretation
or other impact fee-related service to be provided by LEGAL
CONSULTANT;
(5) Time schedule for provision of the requested services;
(6) 'Not to exceed" budget estimate for provision of the
requested services; and
(7) method for increasing the budget and/or adjusting the time
schedule and bases therefor, which must be provided as an
Addendum to the 'Notice to Proceed.1II
SECTION 2. For purposes of managing and administering the services to be
provided and the costs incurred for LEGAL CONSULTANT fees and expenses pursuant
to this FOURTH AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES, the
County shall designate the Director of Planning (or his designee) as Project Manager.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the 17th day of May , 1994.
Signed, sealed and delivered
in the presence of:
Attest: DANNY L. KOIBAGE , Clerk
BY'~ (2, ~~
ill cler
Approved as to legal sufficiency:
(see below)
County Attorney
,~L
,~ ~O/d(
~itness
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MONROE COUNTY
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