06/04/1991
"
MONROE COUNTY
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this ijd day of ~JJ~ , 1991 by
and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, Monroe
County, Florida referred to as the "CLIENT," and FREILICH, LEITNER, CARLISLE &
SHORTLlDGE, with offices located at 1000 Plaza West, 4600 Madison, Kansas City,
Missouri 64112, referred to as the "LEGAL CONSULTANT."
WHEREAS, the CLIENT has determined that it is necessary, expedient and to the best
interest of the CLIENT to retain the LEGAL CONSULTANT to render and perform legal
consulting and related professional services in connection with the revision, amendment
and implementation of the Comprehensive Plan pursuant to Chapters 163 and 380,
Florida Statutes and the studies, analyses and regulations associated therewith.
WHEREAS, the CLIENT desires to engage the LEGAL CONSULTANT on a contract
basis, for work assignments as per the authorization procedures hereinafter set forth.
WHEREAS, with respect to the provision of legal services, the LEGAL CONSULTANT
shall coordinate with and submit work products for review by the Office of the County
Attorney.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. EMPLOYMENT OF THE LEGAL CONSULTANT
The CLI ENT hereby engages the LEGAL CONSULTANT and the LEGAL CONSULTANT
agrees to perform services as hereinafter described.
SECTION 2. SCOPE OF SERVICES
The LEGAL CONSULTANT shall do, perform and carry out in a professional and proper
manner certain duties related to the preparation and implementation of a Comprehensive
Plan and related studies, regulations and implementation tools. Such work shall be
coordinated with the work effort of other COUNTY staff and CONSULTANTS performing
services on related projects.
Phase 1
Plan Preparation, Legal Defensibility and Plan Implementation
Work assignment number one is defined as Phase 1 - Plan Preparation, Legal
Defensibility and Plan Implementation - Scope of Services - Exhibit A-1, attached hereto
and made a part of this Agreement.
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Additional phases, described as follows, may be requested by the CLIENT and performed
by the LEGAL CONSULTANT in accordance with work assignments, schedules of
performance and budgets which shall be mutually agreed to by CLIENT and LEGAL
CONSULTANT.
Phase 8
Impact Fees
Concurrency Management
Land Development Regulations, Revisions and Additions
Plan and Implementation Tool Adoption
Special Assignments
Advise and Consultation on Plan and LOR Administration and
Enforcement
Legal Defense of Plan and Implementation Tools
Phase 2
Phase 3
Phase 4
Phase 5
Phase 6
Phase 7
SECTION 3. CLIENT'S RESPONSIBILITIES
The CLIENT shall do the following in a timely manner so as not to delay the services of
the LEGAL CONSULTANT:
3.1 Provide all best and latest available data, documents, ordinances, regulations,
plans and maps relevant to the CLIENT's requirements for Work Assignments and
designate in writing a person with authority to act on the CLIENT's behalf on all
matters concerning the Work Assignment.
3.2 Furnish to the LEGAL CONSULTANT all existing and current plans, studies,
reports, documents, ordinances, regulations, and other available data pertinent to
the work described in Exhibit IA-1" and obtain or provide additional reports and
data as required by the LEGAL CONSULTANT. The LEGAL CONSULTANT shall
be entitled to use and rely upon such information and services provided by the
CLIENT or others in performing the LEGAL CONSULTANT's services under the
Work Assignment.
3.3 Arrange for access to and make all provisions for the LEGAL CONSULTANT to
enter upon public and private property as is reasonably required for the LEGAL
CONSULTANT to perform services hereunder. Any obstruction to such access by
private property owners shall not constitute a basis for waiver of any other required
entries on to public and private property, nor shall it provide a basis for termination
of the contract. In the event that such access is so obstructed, the LEGAL
CONSULTANT and CLIENT shall work together to resolve the difficulty in a timely
manner.
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3.4 Perform such other functions as are indicated in Exhibit "A-1" including but not
limited to arranging all meetings and hearings associated with the performance of
the LEGAL CONSULTANT's work, including preparation of minutes and records.
SECTION 4. TIME OF COMPLETION
The services to be rendered by the LEGAL CONSULTANT shall be provided in a timely
fashion and shall be coordinated with the work of the PLANNING CONSULTANT.
PHASE 1. PLAN PREPARATION, LEGAL DEFENSIBILITY AND PLAN
IMPLEMENTATION: Nine Months; See Exhibit "A-2," attached
hereto and made a part of this Agreement.
SUBSEQUENT SERVICES (Le., PHASES 2-8), if requested, shall be performed in
accordance with schedules of performance which shall be mutually agreed to by CLIENT
and LEGAL CONSULTANT.
SECTION 5. COMPENSATION
The CLIENT agrees to pay the LEGAL CONSULTANT on the basis of actual time spent
by the LEGAL CONSULTANT and Subconsultants. The CLIENT shall be billed by the
LEGAL CONSULTANT at the normal hourly billing rates (EXHIBIT "B") which shall include
all minor reimbursable expenses as defined below. Major reimbursable expenses, as
defined below, will be reimbursed at cost. The initial Phase 1 cost limit identified below
includes fees and expenses and will not be exceeded by the LEGAL CONSULTANT
without prior written approval of CLIENT.
Cost limits bv Phase
Phase 1
Plan Preparation, Legal
Defensibility and Plan
Implementation
$ 50,000.001
Note: The scope of and possible work assignments contemplated pursuant
to Phase 1 are included in Exhibit "A-1." However, the amount of work to be performed
by the LEGAL CONSULTANT will be determined by the COUNTY. Therefore, the initial
$50,000.00 Phase 1 cost limit is only intended to serve as a "benchmark." The LEGAL
CONSULTANT is committed to maximizing the services to be provided within this budget
amount but, if the specific work assignments requested by the County exceed the funds
available, the initially budgeted amount will be supplemented by the COUNTY. The
LEGAL CONSULTANT will coordinate work closely with the CLIENT's designated Project
Manager.
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Additional services, including but not limited to data generation and tasks, work
efforts and meetings beyond those specified in Exhibit "A-1" shall be reimbursed based
on the LEGAL CONSULTANT's hourly rates with direct expense reimbursement at cost,
or as additional lump sum payments as may be mutually agreed by CLIENT and LEGAL
CONSULTANT.
Subsequent phases of this assignment may include:
Phase 2
Phase 3
Phase 4
Phase 5
Phase 6
Phase 7
Phase 8
Impact Fees
Concurrency Management
Land Development Regulations Revisions and Additions
Plan and Implementation Tool Adoption
Special Assignments
Advice and Consultation on Administration and Enforcement
Legal Defense of Plan and Implementation Tools
Compensation for Phases 2 through 8 shall be determined as may be mutually agreed
by CLIENT and LEGAL CONSULTANT.
Minor Reimbursable Expenses include charges for telephone calls, facsimile charges,
courier expenses, copying, mail, airport parking, and other miscellaneous items with costs
generally less than $25.00 per item.
Major Reimbursable Expenses include airfares, car rental, hotel room charges and meals,
and other significant expenses including but not limited to maps, studies and documents
related to the performance of the work. LEGAL CONSULTANT shall be reimbursed for
meals at the per diem rate currently prescribed by Florida statutes.
SECTION 6. PAYMENTS TO CONSULTANTS
6.1 LEGAL CONSULTANT shall submit monthly invoices for services rendered by the
LEGAL CONSULTANT and Subconsultants, based on the number of hours spent
on Phase I work. The CLIENT shall make monthly payments in response to
LEGAL CONSULTANT's monthly statements within forty-five (45) days.
6.2 If the CLIENT fails to make any payment due to the LEGAL CONSULTANT for
services and expenses within sixty (60) days after receipt of the invoice, the
LEGAL CONSULTANT may, after giving seven (7) days written notice to the
CLIENT suspend services until the LEGAL CONSULTANT has been paid in full all
amounts due for services.
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SECTION 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to that set forth in EXHIBIT IA-1" shall
be authorized in writing in accordance with the CLIENT's policy prior to any work
being conducted by the LEGAL CONSULTANT. Authorization shall be on the form
delineated as subsequent exhibits attached hereto and made a part of this
Agreement.
7.2 Additional authorizations may contain additional instructions or provisions specific
to the authorized work for the purpose of clarifying certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental instructions
or provisions shall not be construed as a modification of this Agreement.
Authorizations shall be dated and serially numbered.
SECTION 8. COST CONTROL
8.1 The CLIENT's budgetary requirements and considerations in respect of the Work
Assignments shall be set forth in said Work Assignment.
8.2 Opinions of probable construction cost, financial evaluations, feasibility studies,
economic analyses of alternate concepts, and utilitarian considerations of operation
and maintenance costs prepared by the LEGAL CONSULTANT under the Work
Assignment will be made on the basis of the LEGAL CONSULTANT's best
judgment as an experienced and qualified professional. It is recognized, however,
that the LEGAL CONSULTANT does not have control over the cost of labor,
material, equipment, or services furnished by others or over market conditions or
contractor's methods of determining their prices, and that any utilitarian evaluation
of any facility to be constructed or work to be performed on the basis of the Work
Assignment must be of necessity speculative until completion of its detailed design.
Accordingly, the LEGAL CONSULTANT does not guarantee that proposals, bids,
or actual costs will not vary from opinions, evaluations or studies submitted by the
LEGAL CONSULTANT to the CLIENT thereunder.
SECTION 9. NOTICES
All notice requests and authorizations provided for herein shall be in writing and shall be
delivered or mailed addressed as follows:
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To the CLIENT:
Monroe County Planning Department
5100 Junior College Road
Public Service Bldg., Stock Island
Key West, Fla. 33040-4399
Attention:
Robert Herman
Director of Growth
Management
To the LEGAL CONSULTANT: Freilich, Leitner, Carlisle & Shortlidge
4600 Madison, Suite 1000
Kansas City, MO 64112-3012
Attention:
Martin L. Leitner
Managing Partner
or addressed to either party at such other address as such party shall hereinafter furnish
to the other party in writing. Each such notice, request, or authorization shall be deemed
to have been duly given when so delivered, or, if mailed, when deposited in the mails,
registered, postage paid.
SECTION 10. GENERAL CONSIDERATIONS
10.1 All documents created or prepared by the LEGAL CONSULTANT and which are
necessary for the fulfillment of this agreement, including reproducible copies of
original drawings, estimates, specifications, field notes, and data are and remain
the property of the CLIENT. In the event the CLIENT uses said documents on any
projects not covered by this Agreement, it shall indemnity and save harmless
LEGAL CONSULTANT from all damages, including legal fees and costs, resulting
from the reuse of said documents.
10.2 This Agreement may be terminated by either party with or without cause by giving
thirty (30) days' written notice to the other party. In the event of any termination,
LEGAL CONSULTANT will be paid for all services rendered and reimbursable
expenses incurred to date of termination.
10.3 The CLIENT and LEGAL CONSULTANT each is hereby bound and the partners,
successors, executors, administrators, and legal representatives of the CLIENT
and LEGAL CONSULTANT (and to the extent permitted by paragraph 10.4 the
assigns of the CLIENT and LEGAL CONSULTANT) are hereby bound to the other
party to this Agreement and to the partners, successors, executors, administrators,
and legal representatives (and said assigns) of such other party, in respect of all
covenants, agreements, and obligations of this Agreement.
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10.4 The LEGAL CONSULTANT shall not assign, sublet, or transfer any rights under
or interest in (including, but without limitations, moneys that may become due or
moneys that are due) this Agreement or subsequent Work Assignment without the
written consent of the CLI ENT, except to the extent that any assignment,
subletting, or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent
to any assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. The CLIENT hereby acknowledges
and approves the following subconsultants:
Hanson & Taylor
Tindale-Oliver & Associates, Inc.
This subconsultant list shall be amended only upon written consent which may be
mutually agreed to by CLIENT and LEGAL CONSULTANT. The use of the listed
subconsultants by LEGAL CONSULTANT shall not be considered an assignation,
subletting, or transferral of rights otherwise precluded by this paragraph.
10.5 Nothing under this Agreement shall be construed to give any rights or benefits in
this Agreement to anyone other than the CLIENT and the LEGAL CONSULTANT,
and all duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of the CLIENT and the LEGAL CONSULTANT
and not for the benefit of any other party.
10.6 This Agreement constitutes the entire Agreement between CLIENT and LEGAL
CONSULTANT and supersedes all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified, or canceled by a
written instrument duly executed by the Monroe County Board of County
Commissioners and the LEGAL CONSULTANT, provided that the scope of
services may be modified by a written agreement executed by the Director of
Growth Management and the LEGAL CONSULTANT, consistent with Section 7 of
this Agreement.
10.7 LEGAL CONSULTANT warrants that he has not employed or retained any
company or person, otherthan a bona fide employee working solely forthe LEGAL
CONSULTANT to solicit or secure this Agreement and that he has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for the LEGAL CONSULTANT any fee,
commission, percentage, gift, or any other consideration contingent upon or
resulting from the award or making of this Agreement.
10.8 In the carrying out of this Agreement, LEGAL CONSULTANT will not discriminate
against any employee or applicant for employment because of sex, race, creed,
color or national origin. In carrying out this Agreement, LEGAL CONSULTANT will
114742
7
take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their sex, race, creed, color, or
national origin. Such action shall include, but not be limited to, the following:
Upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship. LEGAL CONSULTANT agrees to post in conspicuous
places, available to employees and applicants for employment, such notices as
may be provided by the COUNTY setting forth the provisions of this
nondiscrimination clause.
10.9 This Agreement shall be governed by the Laws of the State of Florida.
SECTION 11. INDEMNIFICATION
The LEGAL CONSULTANT does hereby consent and agree to indemnify and hold
harmless the County, its Mayor, the Board of County Commissioners, appointed Boards
and Commissions, Officers, and Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys
fees, or liability of any kind arising out of the sole negligent actions of the LEGAL
CONSULTANT or substantial and unnecessary delay caused by the willful
nonperformance of the LEGAL CONSULTANT. The amount and type of insurance
coverage requirements set forth hereunder shall in no way be construed as limiting the
scope of indemnity set forth in this paragraph. The COUNTY does hereby covenant and
agree to indemnify and save harmless the LEGAL CONSULTANT from any fines, suits,
claims, demands, actions, costs, obligations, attorney fees, or liability of any kind resulting
from a negligent act or omission by the County, its Mayor, the Board of County
Commissioners, appointed Boards and Commissions, Officers, and Employees,
individually and collectively under the provisions and up to the limits of liability as stated
in section 768.28 F.S. Further, the LEGAL CONSULTANT agrees to defend and pay all
legal costs attendant to acts attributable to the sole negligent act of the LEGAL
CONSULTANT.
At all times and for all purposes hereunder, the LEGAL CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this Agreement shall be construed so as to find the LEGAL CONSULTANT
or any of his/her employees, contractors, servants or agents to be employees of the
Board of County Commissioners for Monroe County. As an independent contractor the
LEGAL CONSULTANT shall provide independent, professional judgment and comply with
all federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The LEGAL CONSULTANT shall be responsible for the completeness and accuracy of
its work, plan, supporting data, and other documents prepared or compiled under its
obligation for this project, and shall correct at its expense all significant errors or
114742
8
omissions therein which may be disclosed. The cost of work necessary to correct those
errors attributable to the LEGAL CONSULTANT and any damage incurred by the
COUNTY as a result of additional costs caused by such errors shall be chargeable to the
LEGAL CONSULTANT. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the County or other public or semi-public
agencies.
The LEGAL CONSULTANT agrees that no charges or claims for damages shall be made
by it for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the LEGAL CONSULTANT to complete the work schedule. Such an agreement shall be
made between the parties.
SECTION 12. INSURANCE POLICIES
The LEGAL CONSULTANT shall procure and maintain a standard General Liability
Insurance Policy and a Professional Liability Insurance Policy in a minimum limit of
$1,000,000 in coverage on each policy. The County shall be named on the General
Liability Insurance Policy as an additionally named insured and shown on the insurance
certificate provided to the COUNTY by the LEGAL CONSULTANT. The LEGAL
CONSULTANT shall provide the County a certificate of Professional Liability Insurance
coverage. The LEGAL CONSULTANT shall also procure and maintain a workman's
compensation policy and hold the County harmless from all claims arising thereunder.
Nothing herein shall be construed to limit the scope of indemnity set forth above. The
certificates shall provide that if the policies are canceled by the insurance company or the
LEGAL CONSULTANT during the term of the Contract, thirty (30) days written notice prior
to the effective date of such cancellation will be given to the Director of Management
Services.
IN WITNESS WHEREO;;~ parties h~ave caused these presents
to be executed on the day of ~ , 1991.
MONROE COUNTY
Signed, sealed and delivered in the
presence of:
D' A "'T1\.TV 1:_ XOWAGE, Clerk
Attest: ~'\J.'A--
By:
. ...~-
~ .t.~.aJ ~ ....""'-,. - ~.'. \
Wilhelmina Harvey, Mayor
~ ~."j),e..
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9
Approved as to legal sufficiency:
County Attorney
114742
FREILICH, LEITNER, CARLISLE &
SHORTLlDGE
A".rl'~'~\/f 11 t~<' '..1 r-I:r)~1
A:JF~'CJ.~nn ONY
war~1;',JiJuJ'"
10
EXHIBIT "A-1"
WORK ASSIGNMENT #1
PHASE 1. PLAN PREPARATION, LEGAL DEFENSIBILITY AND PLAN
IMPLEMENTATION
Scope of Services
Work Asslanment Task 1.1. Plan Preparation
The LEGAL CONSULTANT shall be prepared to participate, as requested by the CLIENT,
in all aspects of the Comprehensive Plan Preparation, Plan Review and Certification,
Implementation Task, Special Research Tasks, Plan Refinement and Implementation Tool
Refinement work assignments of Wallace, Roberts & Todd (CONSULTANTS) as set forth
in their Agreement for Professional Services with the COUNTY dated June 4, 1991.
Work Asslanment Task 1.2. Attend Meetlnas. Workshops and Public Hearinas
The LEGAL CONSULTANT shall further be prepared to attend meetings, workshops and
public hearings relative to all Work Assignments incorporated in Phase 1, as may be
requested by the CLIENT. Attendance at meetings shall include, but shall not be limited
to the following:
.
CONSULTANT Team Meetings
COUNTY Staff Meetings
Joint CONSULTANT-COUNTY Staff Meetings
Meetings with State officials, including the Department of Community Affairs
Meetings with the Board of County Commissioners
Public meetings (citizen participation)
Public workshops
Public hearings
Charettes
Planning and Zoning Board Meetings/Public Hearings
.
.
.
.
.
.
.
.
.
This work assignment shall also include preparation for attendance at meetings; review
of documents, to the extent necessary, in preparation for meetings; preparation of written
work products for distribution at such meetings; preparation of charts, graphs, maps,
overheads or other visual aids to better explain points to be made at the meetings; and,
preparation of follow-up memoranda after the meeting to summarize results, actions taken
and work to be done.
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Work Asslanment Task 1.3 Memoranda and Leaal Opinions
The LEGAL CONSULTANT shall prepare memoranda and legal opinions as may be
requested by the CLIENT, including, but not limited to, the following:
· plan elements
. defensibility of specific plan provisions
. authority for the use of various implementation tools
. authority for and legal standards applicable to various innovative zoning
techniques
. alternative implementation mechanisms
. Land Development Regulation revisions
. administration and enforcement of Plan and LDR's
. such other matters as may be identified by the CLIENT
Work Asslanment Task 1.4. Leaal Defenslbilitv
The LEGAL CONSULTANT shall review draft Comprehensive Plan elements, provisions,
language and content as prepared by WRT to determine the legal issues, if any, raised
by the proposed Plan and to issue formal legal opinions, to the extent necessary, in
conjunction with the County Attorney. Such reviews shall be conducted in a timely
fashion so that planning work does not proceed based upon an indefensible strategy.
Work Asslanment Task 1.5. Review of Work Products
At the request of the CLIENT, the LEGAL CONSULTANT shall review work products
prepared by WRT or subconsultants pursuant to their Agreement for Professional
Services with the COUNTY. Upon such review, the LEGAL CONSULTANT shall convey
comments directly to WRT or via the COUNTY in oral or written form, as may be
requested by the CLI ENT. The review of planning work products shall include
consideration of alternatives; and, a determination of whether such plan elements are
consistent with the remainder of the proposed Comprehensive Plan.
Work Assianment Task 1.6. Recommendations for Additional Supportina
Data/Studies
Based upon work assignments 4 and 5, the LEGAL CONSULTANT shall identify plan
areas, findings and/or recommendations which may necessitate additional supporting
data, documentation and studies to meet applicable legal standards, and requirements.
If determine to be necessary, the LEGAL CONSULTANT shall assist the COUNTY in
specifying the specific data or documentation needed, where it may be found and how
it is intended to be used. If additional studies are determined to be necessary, the
LEGAL CONSULTANT shall assist the COUNTY in outlining the scope of work and in
identifying consultants with expertise in the particular area.
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12
Work Asslanment Task 1.7. Plan Implementation
The LEGAL CONSULTANT shall recommend plan implementation techniques in
accordance with the goals, objectives and policies of the Comprehensive Plan. Said
implementation techniques may include revisions and/or additions to the COUNTY's
existing Land Development Regulations. To the extent necessary and, as requested by
the COUNTY, the Legal Consultant shall prepare "commentaries" which explain the
various provisions of the implementation techniques.
Work Asslanment Task 1.8. Draftlna
After receiving approval from the COUNTY, the LEGAL CONSULTANT shall draft
revisions and/or additions to the COUNTY Land Development Regulations designed to
implement the Comprehensive Plan. The drafting process shall include the following
specific subtasks:
· preparation of an outline
. preparation of descriptive material
. supporting legal memorandum, if necessary
. suggestions regarding placement of the proposed regulations within the
existing Land Development Regulations
· first draft of Ordinance
. review of first draft with COUNTY staff
· revisions to first draft
. second draft of ordinance in COUNTY format
. preparation of ordinance commentary
· final draft of ordinance.
Work Asslanment Task 1.9. Administration and Enforcement
The LEGAL CONSULTANT shall be available to assist COUNTY staff with the
administration and enforcement of Comprehensive Plan provisions and implementation
techniques, upon their adoption. Upon the request of the COUNTY, the LEGAL
CONSULTANT shall assist in the preparation of administrative forms, procedures and
legal documents; in the designation of County staff or officials to assume responsibility
for administrative and enforcement tasks or subtasks; and, in continuing legal advice on
the implementation, administration and enforcement of new regulatory techniques.
Work Assianment Task 1.10. Continuina Leaal Services
The LEGAL CONSULTANT shall be available to advise the COUNTY on legal issues
which may arise subsequent to Comprehensive Plan adoption and implementation. The
COUNTY, in its discretion, may request and utilize the LEGAL CONSULTANT's services
for the following:
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.
legal advice and consultation
litigation services, including, but not limited to, preparation of motions,
briefs, arguments, answers, responses; oral argument; and preparation of
expert witnesses
expert witness testimony
review of documents, transcripts, depositions and interrogatories
suggestions regarding alternative legal strategies
coordination with the COUNTY Attorney and other attorneys who may be
retained by the COUNTY.
.
.
.
.
.
14
EXHIBIT IA-2"
WORK ASSIGNMENT #1
PHASE 1. PLAN PREPARATION, LEGAL DEFENSIBILITY AND PLAN
IMPLEMENTATION
Timetable
The LEGAL CONSULTANT services identified in Work Assignment Tasks 1.1 through
1.10 shall be provided throughout the duration of the LEGAL CONSULTANT's Agreement
for Professional Services as herein defined or as may be extended by mutual agreement
between the COUNTY and the LEGAL CONSULTANT.
In lieu of or in addition to extensions to Phase 1, the COUNTY may independently
authorize specific services pursuant to the Subsequent Phases as detailed in Sections
2 and 5 of the Agreement for Professional Services. If subsequent phases are added,
the applicable work assignment shall specify the scope of services, timetable for
completion and budget.
Budoet
The Phase 1 Cost Limit, as identified in Section 5 of the Agreement for Professional
Services, is $50,000.00. The LEGAL CONSULTANT and the COUNTY recognize,
however, that the work assignments incorporated in Phase 1 cannot be determined with
precision at this time, and will only become identifiable as the comprehensive planning
process proceeds. For that reason, the LEGAL CONSULTANT shall coordinate work
assignments closely with the COUNTY, shall submit monthly statements for fees and
expenses, and shall submit a brief monthly progress report identifying work performed in
the previous month and work to be performed in the next succeeding month. In this way,
the COUNTY will be able to monitor expenditures for fees and expenses and make
adjustments when necessary.
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EXHIBIT "B"
LEGAL CONSULTANT HOURLY BILLING RATES
Senior Partner $175 - 200/hour
Partner $150 - $170/hour
Senior Associate $110 - $140/hour
Associate $ 75 - $1 DO/hour
Law Clerk $ 50/hour
Paralegal $ 40/hour
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16
0'7/3[; 1 '3'31
16:0'7 FREILICH/LEITNER
'a'8163{ ;03 INTERSTATE INS.
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01130/91 18:40
I4lI002
INT~RSTATE INSURANCE OROUP, LTD.
8321 BLUE RIDGE BLVD.
KANSAS CITY, MISSOURI 64133
816-737-2030
JUly 30, 1991
Kathy Olechow.ki
Hanover Insurance Company
RE: Fre111oh, Leitner. Carlisle & Shortlidge
Policy t 3138062-03
Dear Ratb.,-:
Effect1ve July 18, 1991 plea.lie a.dd the following, A'I'IMA, as an
additional insured:
Mon~Qe County ~OA~~ of Coun~y Commi~.ioners
6100 Junior Colle.. Road
Win. I!I, Stock 1.1and
Xey Weet ,FL 83040-4399
Please note that the street addre.~ is 5100 in lieu of 7100 aa
shown on the o&rtific&~e.
Thank you for your earliest att.nticc. to thiSl ma.tter.
have any qU8st~~ne, please give me 8. oall.
If yo\,.\
(1=' ~
Cuol.. J .~~1Qtt
M&rkQt~na M&nager
CJE/me
ceo Joan O'Work, Irreilioh, Leitner (by fax)
1
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M.C.A. Inst. 3001
. '~' '"' SWC 'STATEME.'\T UNDER SECTION 28':'.1 3)(a), Enclosure (3)
;. I ... FLOtdDA STATUTES. ON punuc ENTIn' C.&'UMES May 11, 1990
r THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY punuc OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid. Proposal or Contract No.
for
2.
This sworn statement is submitted by
I
Freilich. Leitner. Carlisle & Shortlidqe
[name O( entity submitting SWOrD statement)
whose business address is
1 nnn P 1 rl 7 rl
W~~t 4~nn M~rlicnn, K~nc~c rity.
.
Missouri 64112-3012
and
(if applicable) its Federal Employer Identification Number (FEIN) is 43-14?R070
(If the entity bas no FEIN, include the Social Security Number of the individual signing this sworn
statement:
N.A.
.)
entity named above is
Steolren' P. Chinn
[please print name O( IndividuaJ signing)
Partner
and my re1ati~nship to thc
3.
My name is
. ,
4. I understand that a 'public entity crime' as defined in Paragraph 281.133(1)(g), Florida Statutes.
means a violation of any state or. federal law by a person with respect to and directly related to thc
transaction of business with any public entity or with an agency or political subdivision of any othcr
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, rackcteering,
conspiracy, or material misrepresentation.
S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b). Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or statC trial coun of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, nonjury trial, or enuy of a plea of guilty
or nolo contendere.
6. I understand that an 'affiliatc" as defined in Paragraph 281.133(1)(a), Florida St1Itutes. means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in thc Ulanngemel1t (~f tli~
entity and who ita! been convicted of a public entity crime. Thc term 'affiliatc' includes tho~e
officers. directors, executives. partners, shareholders, employees, members, .and agcnts who arc active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling oC equipment or income among persons when net for fair
market value under an arm's length agreement, shall be a prima facie case that one person conuels
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida dolring the preceding 36 months shall be considered an
affilia te.
7. 1 understand that a 'person" as defined in Paragraph 287.133(1)(e), Florida St1Itutes means any
natural person or entity organized under the laws of any state or of the United Stales with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term 'perso.l" includes those officers, directors, executives, parmers,
shareholders. employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statemenL [Please Indicate which statement applies.)
"
-r---~.
~/
1
,. '
~
X Neither the entitv submitting this sworn statement. nor any officers. directors. execlOtives." '
partners, shareholders. e'mployees. members. or agentS who are active in management of the entity,
nor any affiliate of the entity have bel.:n charged with and convicted oC a public entity crime
subsequent to July I, 1989.
The entity submitting this swom statemen~ or one or more of the officers, directors.
executives. partners, shareholders, employees, members. or agentS who are active in management of
the entity, or an afilliate of the entity has been charged with and convicted of a public entity crime
Subsequent to July I, 1989. ~ [Please indicate which additional statement applies.) i
_ There has been a proceeding concerning the conviction before a hearing' officer of
the State of Florida. Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy of the final order.)
- The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida. Division of
Administrative Hearings. The final order entercd by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
[Please attach a copy of the final order.) . "
::OUNTY OF
~~',
r~~
PERSONALLY APPEARED BEFORE ME. the undersigned ~uthOrity,
0-/-ephe rJ j:). Ch.. "7'" who. after first being swom by me, affixed hislher signature
lame of individual signing]
- The person or atfillate has not been placed on the convicted vendor list. [Please
describe any ac:tlo. ....... by or pend~G>cces'J
[SrDBbJfe1
Date: ~/dS q I.
I I
STATE OF
J
~pace provided above on this ~S-'f-1.-J day of .JLt.Y7€.. . 19 9/
~ ~~P~I;
M~.commis5ion expires:
-......
_MY AaIC StATE IS I""
JAClCsat CQIfTY
IW COIISSKlN EXP AU6 24. tW2
/89)