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#12/16/2009 ContractPage 1 of 2 Belle Desantis From: "Belle Desantis" <iesantis@monroe-clerk.com> To: "Tezanos-Mayra" <Tezanos-Mayra@monroecounty-fl.gov> Cc: <mdavis@keithandschnars.com>; "Sandra Carlile" <scarlile@monroe-clerk.com>; <peters - Katherine@ Mon roeCounty- FL. Gov> Sent: Tuesday, December 22, 2009 2:38 PM Attach: 12._16_2009.pdf Subject: Re: re J-3 Contract with Keith and schnars At the BOCC Meeting on December 16, 2009, the Board granted approval and authorized executio n of a Professional Services Agreement with Keith and Schnars, PA to update the Monroe County Year 2010 Technical Document, Evaluation and Appraisal Report (EAR),. EAR Comprehensive Plan Amendments, and Land Development Code for a planning period of 2010-2030 in the total amount of $1.,031.,985-00 and authorizing the Growth Management director to allow additiona l services at specific fees if necessary. Attached is a fully -executed duplicate original of the subject document for our handling. Should Y g you have any questions, please feel free to contact my office. cc: County Attorney, w/o doc. Finance File ----- Original Message ----- From: Tezanos-Mayra To: Belle Desantis Sent: Tuesday, December 22, 2009 11:21 AM Subject: re J-3 Contract with Keith and schnars Hi Belle, C wonder if you had your copy of the Keith & Schnars contract handy and if you could scan the signature page to me and to Michael Davis at mdavis@keithandschnars.com Fhanks Belle and have a Merry Christmas!!! ,Ixecutive Assistant lonroe County Growth Management Division 798 Overseas Highway, Suite 400 12/22/2009 MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES TO UPDATE THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AND lAND DEVELOPMENT CODE THIS CONTRACT is made and entered into this / (, -t... ~ay of D~ c. 200 9. by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Keith and Schnars, P.A. ("CONSULTANT"), whose address is 6500 North Andrews Avenue, Ft. Lauderdale, FL 33309-2132. Section 1. SCOPE OF SERVICES The CONSULTANT shall do, perform and carry out in a professional and proper manner services and deliverables as described in Exhibit A, Scope of Services which is attached hereto and made a part of this contract. In Phase I, CONSULTANT shall produce a Technical Document which shall be the basis for Phase II, the Evaluation and Appraisal Report (EAR) and Phase III, the Amendments to the Comprehensive Plan. The EAR shall comport with all statutory and rule requirements of the State of Florida to provide the status of the County's Comprehensive Plan and needed revisions. Such revisions and amendments shall be performed in Phase III. Phase III also includes production of final Comprehensive Plan for the planning period of 2010 - 2030. CONSULTANT shall propose and make the changes to the Monroe County Land Development Code as a result of the amendments to the Comprehensive Plan and other recommended reorganization and restructuring to eliminate inconsistencies during Phase IV. Representations made in the Response to the Request for proposals furnished by the CONSULTANT are incorporated herein as though fully set forth unless modified by Exhibit A or approved by the County. Section 2. COUNTY'S RESPONSIBiliTIES 2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work Assignments. Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONSULTANT. The CONSULTANT shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing the CONSULTANT'S services. 2.3 Perform such other functions as are indicated in Exhibit A. 2.4 Provide a schedule that is mutually agreeable to the COUNTY and CONSULTANT. Section 3. TIME OF COMPLETION The services to be rendered by the CONSULTANT for each Phase shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONSULTANT, attached to this contract as Exhibit B, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONSULTANT. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONSULTANT. Section 4. COMPENSATION 4.1 Compensation shall be as follows: Phase I Phase II Phase III Phase IV Total $ 332,840.00 $ 229,990.00 $ 204,830.00 $ 264,325.00 $ 1,031,985.00 The lump sum fees are broken down into Phases, Tasks and Subtasks as noted in Exhibit A. The fees include CONSULTANT expenses, reimbursables, and deliverables. 4.2 Payment shall be made at completion of each subtask, except for: 1) subtasks for meetings and; 2) subtasks requiring greater than two (2) months per Exhibit B. For these exceptions, payment shall be based on the percentage of completion of the subtask up to 900/0 of the subtask fee, with documentation submitted to project manager to verify percentage completion. The remaining 10% of the subtask fee shall be made upon completion of the subtask. 4.3 Because the work must be completed according to the Schedule shown on Exhibit B compensation shall be only for the amount of work completed, regardless of the cause of any delay. 2 Section 5. PAYMENT TO CONSULTANT 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONSULTANT must submit to the Project Manager, who will review the request. The Project Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONSULTANT in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONSULTANT shall submit invoices with progress report of activities on a monthly or otherwise regular basis, in accordance with the compensation terms specified in Section 4.1, until the work under this agreement is completed. These reports shall include the percentage complete for each "meeting" subtask being invoiced. 5.3 Subject to the provisions in 4.2, the COUNTY shall make payments to the CONSULTANT based on completion of each subtask in Exhibit A. 5.4 Continuation of this contract is contingent upon annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION and RENEGOTIATION The COUNTY may terminate this contract with thirty days notice to CONSULTANT, and will compensate the CONSULTANT for work done to the date of notice. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the COUNTY terminates this Contract because of the CONSULTANT's failure to perform, then the COUNTY must pay the CONSULTANT the amount due for all work satisfactorily completed as determined by the COUNTY up to the date of the CONSULTANT's failure to perform but minus any damages the COUNTY suffered as a result of the CONSULTANT's failure to perform. The damage amount must be reduced by the amount saved by the COUNTY as a result of the Contract termination. If the amount owed the CONSULTANT by the COUNTY is not enough to compensate the COUNTY, then the CONSULTANT is liable for any additional amount necessary to adequately compensate the COUNTY up to the amount of the Contract price. In the event the scope of work for Phase IV is determined to be significantly less by the COUNTY, than what is listed in Exhibit A, the parties may re-negotiate the contract scope and payment to reflect the change. 3 Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to Exhibit A shall be authorized in a signed document (Work Order) or e-mail in accordance with the COUNTY's policy prior to any work being conducted by the CONSULTANT. Exhibit A contains optional services with listed prices which must be authorized in writing by the Project Manager. The Project Manager may authorize such extra services if determined necessary by the Division Director. 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 instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, 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. 7.4 The 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 CONSULTANT to complete the work schedule. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be delivered or mailed to the addresses as follows: 4 To the COUNTY: Director, Growth Management Division c/o Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 And to: County Administrator Monroe County Gato Building 1100 Simonton Street Key West, FL 33040 To the CONSULTANT: Michael L. Davis, Vice President Keith and Schnars, P.A. 6500 North Andrews Avenue Fort Lauderdale, FL 33309-2132 or addressed to either party at such other addresses 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 by hand, or, if mailed, when deposited in the mails, certified mail, return receipt requested, or by courier with proof of delivery . Section 9. RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of the other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT. Section 10. OWNERSHIP OF DOCUMENTS AND INFORMATION COUNTY shall own all deliverables, and shall have sole rights to reproduce and sell any data or derivative information, and CONSULTANT shall have no copy right or right to sell the deliverables resulting from this RFP. COUNTY shall have the right to examine and use the work product of 5 CONSULTANT to verify calculations and authenticity of the information used to produce the final documents produced by CONSULTANT. Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement 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. Section 12. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONSULTANT, supplier, subCONSUL TANT, or CONSULTANT under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This agreement is not subject to arbitration. Section 14. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and 6 provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 15. ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. Section 17. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 7 Section 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 20. NONDISCRIMINATION COUNTY and CONSULTANT agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 8 Section 21. COVENANT OF NO INTEREST COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bonafide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 24. PUBLIC ACCESS The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9 Section 25. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONSULTANT in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 28. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 10 Section 29. ATTESTATIONS CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES Prior to execution of this agreement, the CONSULTANT shall furnish the COUNTY Certificates of Insurance indicating the following coverages or in excess thereof: . Workers Compensation in the amount of statutory limits as specified in Florida Statutes 440. . Employers Liability with: $500,000 Bodily Injury by Accident; $500,000 Bodily Injury by Disease, policy limits; and $500,000 Bodily Injury by Disease, each employee. . General Liability (Premises operations, blanket contractual, expanded definition of property damage, products & completed operations, personal injury) with: $500,000 Combined Single Limit. . Vehicle Liability with: 11 $500,000 combined single limit per Occurrences/$500,000 Aggregate . Professional Liability with: $500,000 per Occurrence; and $1,000,000 Aggregate. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONSULTANT is an independent CONSULTANT and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, CONSULTANTs, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent CONSULTANT the 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 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 omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the 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. Section 35. INDEMNIFICATION The 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 the 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 CONSULTANT or substantial and unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. 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 12 paragraph. Further the CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to th~1~egligent act of the CONSULTANT. (SEAL) Attest: DANNY :l~',J~OLHAGE, CLERK OF MONROE COUNTY, FLORIDA BY~o.t-JLC. ~ Deputy Clerk (CORPORATE SEAL) ATTEST: By SecretarylTreasurer Witness~ ~ Print Name: 11, Y,II N ~Ne7 . ~ ' Witness: ~ (._~ Print Name: _:.oEbJ,,'~ ~ tie- BOARD OF COUNTY COMMISSIONERS By Mayor Sylvia Murphy KEITH AND SCHNARS By ~d! ~4- Michael L. Davis, Vice President Date: &c.. ~ ~44' :t 0 ':J z )> i~~~ ~~n~ ~~~:~ 33 .~:J ~'-1 . :- -"",,. C"") -'- :....... :-I :l> -'1'1 C> r- rrJ ~ ." c::::::I - \4It r- o I'T1 ~ 0 N ~ N :0 ~ A:: - ("'") .. 0 ~ :c \It 0 13 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 PHASE I -TECHNICAL DOCUMENT TASK I-PROJECT INITIATION 1.1 K&S Team will meet with the project managers from the County to review work tasks and the project schedule, establish reporting relationships and review expectations of the project. The development of the Public Involvement Plan (PIP) will also be discussed at this meeting, including: key issues, audiences, communication materials, communication venues, and the County/K&S roles, including how comments will be managed; and the key messages that need to be communicated in all communication materials. 1.2 K&S will initiate data collection, including a data gap analysis. County staff will work with K&S to identify and gather the necessary data. 1.3 K&S will develop a database of information or resources, including source and status. 1.4 K,&S will, in coordination with the County, identify stakeholders and potential candidates for interviews; develop an Intergovernmental Coordination Plan (ICP) and Public Involvement Plan (PIP); and, establish the project website. Tlle PIP will address public participation/input and include a media outreach plan relating to the Comprehensive Plan Update, the Evaluation and Appraisal Report, the Comprehensive Plan Amendments; and the development of the revised Land Development Code. Based on the meeting in Task 1.1 above, K&S will prepare strategies for identified audiences and phases. A draft public participation plan will be prepared for County review. K&S will support the County staff to present the public participation plan at the Planning Commission and the BOCC briefings, noted in Tasks 2.2 and 2.3. Following County review, and teleconference coordination as needed, a final public in"volvement plan will be prepared. TIle ICP will identify the applicable agencies and other jurisdictional bodies as stakeholders and establish the primary contact and/or board members. It will also identify the appropriate stages of the process in which they will be engaged and how they will be notified. 1 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 Task 1 Deliverables: . Meeting agenda; . Kickoff meeting between County and K&S; . Detailed Project Schedule; . Information data base, updated throughout Phase 1; . ICP; . PIP; . Written meeting summary; and . Establish project website. Consultants Lump Sum Feefor Phase I Task 1... ... ........................ ...... ...$ 52,090.00 TASK :Z -MEETINGS AND PUBLIC INVOLVEMENT 2.1 For the duration of Phase I, K&S will participate in up to two (2) meetings per month, either in person or via telephone, with County staff to discuss the status of th,e project and to solicit comments and feedback. 2.2 K&S will provide one briefing of the BOCC during Phase 1. 2.3 K&S will provide one briefing of the Planning Commission during Phase 1. 2.4 K&S will maintain and update the project website monthly, at a minimum. 2.5 K&S will conduct one (1) general public/stakeholder outreach event/program during Phase I. Tllis outreach event shall include a presentation at three locations, to be determined at a later date with County input. As part of Task 1.4, K&S will establish a specific event strategy that will include a Commissioner greeting and comments at each location; County and K&S staff will be available to discuss the upcoming activities, take feedback and answer questions. 2 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 2.6 K&S will prepare monthly project progress reports. Task 2 jDeliverables: . Meeting participation; . Meeting agendas; . Written meeting summaries; . Update project website; . General public/stakeholder outreach event; and . Monthly progress reports. Consultants Lump Sum Fee for Phase I Task 2.................................... ...$ 65,560.00 TASK 3 - DRAFT UPDATED DOCUMENT 3.1 K&S will analyze existing conditions to update the Comprehensive Plan components listed below: . Population and Housing; . Community Facilities and Services, including the Public Education and the Public Health Systems; . The Capital Improvement Program; . Wastewater, Solid Waste, Stormwater and Potable and Reclaimed Water Services; . Transportation, including Ports and Aviation services; . Land Use; . Planning Areas and the Areas of County Critical Concern; . Coastal Management and Natural Resources; . Economics and Employment; and . Historic Structures and Sites. Tlle analysis will determine trends that are emerging; the suitability of existing la:nd use regulations, relevant growth management laws and rules, public/private facilities and services to meet the changing needs of the population; and, where Pllblic and/or private initiatives will be necessary to maintain and improve services and facilities. This task shall involve an examination of the intergovernmental organizations that the County participates in with regard to regional affairs. The analysis will also identify and evaluate the consistency among and between local plans, studies and ordinances, as identified in Task 1. 3 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 3.2 K&S will prepare a Draft Technical Document, updated to the 2010-2030 planning period, meeting the requirements of 9J-5 F.A.C., Chapter I63.3I77.F.S and Chapter 380.F.S. for each element. The Technical Document will establish the appropriate level of standard for each service/infrastructure and; will identify the projected needs, based upon population projections and level of service standards, in five (5) year increments throughout the planning period. K&S will retain the same element headings and subheadings, as may be appropriate, within the existing Technical Document, and will include those that may be required by Statue or Rule in order to be current and consistent with new requirements. 3.3 K&S will conduct up to two (2) meetings with County staff to review the Draft Technical Document. These expanded meetings will be a part of the regular bimonthly meetings identified in Task 2.1. 3.4 K&S will organize and participate in one (1) County/DCA joint workshop to review the draft Technical Document noted in Task 3.2, above. 3.5 K&S will participate in one (1) public presentation with the Planning Commission (LP A) to review the Draft Technical Document. 3.6 K&S will participate in one (1) public presentation with the BOCC to review the Draft Technical Document. Task 3 jDeliverables: . Draft Technical Document (20 copies with 1 electronic file); . Meeting agendas; . Meeting participation; . Written meeting summaries; · One full size (II"x 17") and one reduced copy (8.5"xII") of each map; and . All text, tables, charts, and maps provided in digital format. Mapping shall be prepared in a format compatible with the County's GIS. Consultants Lump Sum Fee for Task 3... .................. ........................ ...$ 174,730.00 4 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 TASK 4 - FINAL TECHNICAL DOCUMENT 4.1 Utilizing the results from Tasks above, K&S will prepare a Final "2010-2030 Tlechnical Document". This document is the basis for the remaining phases of th.e Evaluation and Appraisal Report (EAR) and the future Comprehensive Plan u]Jdate. 4.2 Prior to the presentation of the Final Technical Document to the BOCC in Task 4.3 below, K&S will submit the material to the DCA for a Courtesy Review. 4.3 K&S will participate in one (1) public presentation of the Final Technical Document before the BOCC. Task 4.Deliverables: . Meeting agendas; . Meeting participation; . Written documentation of Commission direction items; . DCA Courtesy Review; . Final Technical Document Update (20 copies with 1 electronic file); . One full size (11"x 17") and one reduced copy (8.5"xll") of each map; and . All text, tables, charts, and maps provided in digital format. Mapping shall be prepared in a format compatible with the County's GIS. Consultants Lump Sum Fee for Phase I Task 5... ... ... ... ... ... ... ... ... ... ... ... ... $ 40,460.00 Optional Services (not included in total) Additional Public Outreach Events: K&S staff will utilize the Mobile Information Station (MIS) for additional events, at locations as selected by the County, to obtain feedback, encourage public participation and answer stakeholder questions. Consultant's Lump Sum Feefor each event shall not exceed..................... ... ...$9,960.00 Other Meetings/Hearings as Coordinated bv the County: K&S staff (up to 2 persons) attendance at additional meetings/hearings before the Planning Commission (LP A) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting/hearing shall not exceed... ... ... ... $3,760.00 TOTAL LUMP SUM FEE FOR PHASE I.................................... $ 332,840.00 5 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 PHASE II - EVALUATION AND APPRAISAL REPORT (EAR) TASK 1- ASSESSMENT OF MAJOR ISSUES AND PUBLIC INVOI.j VEMENT The purpose of the public information workshops will be to discuss and receive public input on the key local "major" planning issues that will be addressed in the EAR. 1.1. K&S will meet with key County staff and officials to gather input on major issues affecting the County. 1.2. K&S will coordinate and conduct three (3) public workshops, and prepare presentation and handout materials for the workshops, which may include comment sheets, descriptions of the EAR process, and mounted aerials. 1.3. For the duration of Phase II, K&S will participate in up to two (2) meetings per month, either in person or via telephone, with County staff to discuss the status of tht;~ project and to solicit comments and feedback. 1.4. K&S shall conduct other coordination efforts to include meetings with elected officials, appointed officials, County staff, and other government agencies, including tht;~ DCA. 1.5. K&S will update the project website monthly, at a minimum. Tasks 1 Deliverables: . Meeting participation; . Meeting agendas; . Written meeting summaries; · Information data base, updated throughout Phase 2; . Updated project website; · Public involvement materials such as comment sheets and handouts outlining the EAR process; · Presentation materials for workshops (e.g. PowerPoint presentation, mounted aerials ); · An issues matrix providing details on the identified major issues; and . Monthly progress reports. Consultants Lump Sum Feefor Phase II Task 1................................. ...$ 126,510.00 6 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 TASK 2- INTERAGENCY SCOPING MEETING AND COMPILATION REPORT Interagency coordination is a critical component to the success of the EAR process. Agencies that are part of the coordination effort during this Task (and throughout the process) will include, but not be limited to: adjacent municipalities; FDOT, SFRPC, N.A.S. - Key West, SFWMD, Monroe County Public Schools, FKAA, National Park Service, the DCA, and other agencies identified by County staff. 2.1 K&S will coordinate and conduct an interagency scoping meeting with adjacent local jurisdictions and State, regional and county agencies to receive their input on th.e key issues that have been identified, and to identify additional issues that should b(~ addressed. In addition, this meeting will serve as an opportunity to identify and collect the data that needs to be received from these agencies in order to conduct the E.AR. 2.2 K&S will prepare a compilation report that summarizes all issues identified for fulrther research and updating. This report will be submitted to the County for re:view and consideration. 2.3 After County approval, the compilation report will be provided to DCA in order to re:ceive a Letter of Understanding. Any and/or all of the issues identified in this task will be addressed in the EAR document (see Task 5). Tasks 2' Deliverables: . Meeting participation; . Meeting agendas; . Written meeting summaries; . Presentation materials for workshops (e.g. PowerPoint presentation, mounted aerials); . An Issue Compilation Report, composed of: a Scope of Work that outlines the identified major issues, and the manner in which these issues and the other EAR statutory requirements, will be addressed; . An issues matrix providing further details on the identified major issues; . Monthly progress reports. Consultants Lump Sum Fee for Phase II Task 2... ... ... ... ... ... ... ... ... ... ... ...$ 14,260.00 7 Monr()e County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 TASK:3 - REVIEW AND EVALUATION OF THE COMPREHENSIVE PLAN 3.1 K&S shall perform a comprehensive review on an element-by-element basis of the Comprehensive Plan in order to identify successes or shortcomings in achieving the County's goals, objectives and policies and identify goals, objectives and policies with old dates or out dated tasks Task 3 l]eliverable: . A report summanzlng, in tables and text, progress in achieving the Comprehensive Plan's objectives since the date of the last EAR and goals, objectives and policies which include old dates or outdated tasks. This report is not intended to be a stand-alone document, but will be incorporated as a Chapter in the draft EAR (see Task 5 Deliverable). Consultants Lump Sum Fee for Phase II Task 3... ... ... ... ... ... ...... ... ... ... ...$ 17,560.00 TASK 4- PUBLIC MEETINGS 4.1 TIle K&S Team will conduct one (1) presentation to the Planning Commission to ot>>tain feedback on the report generated during Task 3. 4.2 TIle K&S Team will conduct one (1) presentation to the BOCC. This presentation will provide the BOCC with a "report card" of the Comprehensive Plan. Task 41]eliverable: . Meeting agendas, if necessary; . Meeting participation; and . Written documentation of Commission and BOCC direction. Consultants Lump Sum Feefor Phase II Task 4............... ... ............ ...$ 16,520.00 8 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 TASK 5 - DEVELOPMENT AND PREPARATION OF FIRST AND FINAL DRAFT EAR The purpose of this Task is to develop and prepare, in coordination with County staff, the first draft EAR in accordance with Chapter 163, F.S, and in a format prescribed by 9J-ll F.A.C. 5.1 Tlle issues identified in Tasks 1 and 2 will be: described, analyzed, and, evaluated b)1 K&S for potential social, economic, and environmental impacts. 5.2 Along with the statutory requirements, K&S shall prepare a series of Comprehensive Plan amendment recommendations to address these issues. 5.3 In. addition, the draft EAR prepared by K&S shall include: . Description of the process used to ensure public participation; . Updated population estimates; . Changes in Land Area; 1. Vacant land for future development 2. Demands of growth on infrastructure 3. Location of development, including infill and redevelopment needs . Coastal High Hazard Area (CHHA)/Property Rights Assessment; . Coordination of any future school locations, and an evaluation of successes and shortcomings in coordinating residential development and public school capacity; . List of changes need in the comprehensive plan due to changes in State law, regional plans and/or administrative rules, including all new statutory or rule requirements such as those specified by HB 697, SB 360 and 9J-5; and . Other issues as may be required by County staff. 5.4 K&S will organize and attend one (1) briefing of the BOCC on the final draft EAR. 5.5 K&S will organize and attend one (1) hearing of the Planning Commission (LPA) orl the final draft EAR for the purpose of obtaining approval to transmit the Final Draft to DCA for courtesy review.. 5.6 Sllbmit Draft EAR to DCA for courtesy review ninety (90) days before the required adoption date per DCA Handbook. Tasks 1 through 5.3 will result in the development of the first draft of the EAR. This draft will be: submitted electronically to the County for preliminary staff review. Any commeJt1ts or suggestions received from the scoping meeting, the public meetings, the Planning Commission and BOCC briefings noted in Task 5.4 and 5.5, above, County 9 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 staff arid the DCA Courtesy Review, noted in Task 5.6, will be addressed prior to proceeding to Task 6. Task 5 ~Deliverable: . Meeting agenda; . Presentation materials; . Meeting participation; . Written summary of BOCC direction; . 1 electronic copy of the first draft EAR for preliminary internal staff review; and . 1 electronic copy and 20 hard copies of the final draft EAR for the Planning Commission and BOCC briefing noted in Tasks 5.4 and 5.5, above; and the DRC meeting and the Planning Commission (LP A) hearing noted in Task 6, below. Consultants Lump Sum Fee for Phase II Task 5... ... ... ... ... ... ... ... ... ... ... ......$ 49,500.00 TASK 6- PUBLIC HEARINGS ON PROPOSED EAR 6.1 K&S will attend and coordinate one (1) hearing before the Planning Commission (I.lP A). 6.2 K&S will attend and coordinate one (1) adoption hearing before the BOCC. The purpose of the Planning Commission (LP A) and BOCC hearings is to receive staff and public comments and obtain authority for the transmittal of the Proposed EAR to DCA alld the other reviewing agencies to obtain a Finding of Sufficiency. Any and/or all comme:nts received from the hearings will be addressed prior to mailing (Task 7). Task 6 ~Deliverables: . Meeting and hearing participation; . and . Report on direction from the hearings before the Planning Commission (LP A) and the BOCC. Consultants Lump Sum Fee for Phase II Task 6......... ... ......... ............ ...$ 3,600.00 10 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 TASK 7- MAILING OF ADOPTED EAR TO DCA 7.1 K,&S will assist the County with the submission of the Adopted EAR to DCA arld other reviewing agencies. Task 7 jDeliverable: . The original, twenty (20) copies and two electronic files (as revised to address the Planning Commission, public and DRC comments) of the Adopted EAR will be provided to the County for transmittal to DCA and review agencies, and internal distribution. Consultants Lump Sum Fee for Phase II Task 7... ... ... ...... ... ...... ... ... ... ...$ 2,040.00 NOTE:: Phase II Tasks 8, 9 10 and 11 will only be required if the Adopted EAR receives comments or recommendations for changes from the DCA. TASK 8- RESPONSE TO DCA RECOMMENDATION & COMMENTS 8.1 K&S will review all recommendations and comments and prepare a written response to each item, if necessary. Tasks 8 Deliverable: . Written Response to DCA Recommendations and Comments. Consultants Lump Sum Feefor Phase II Task 8... ... ...... ... ... ... ...... ... ..... ...$ 3,170.00* TASK '9- REVISE PROPOSED EAR 9.1 Based upon the comments received from DCA, K&S shall prepare revisions to the Ei\R, if necessary. 9.2 K,&S shall submit the revised EAR to the County for review and approval. Tasks 9 Deliverable: . Revised EAR (1 electronic and/or three hard copies) for staffreview. Consultants Lump Sum Fee for Phase II Task 9... ............ ......... ......... ...$ 5,320.00* 11 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 TASK 10- PUBLIC HEARING TO ADOPT PROPOSED EAR 10.1 K&S will participate in one (1) Development Review Committee (DRC) meeting to review the proposed EAR. 10.2 K&S shall attend and coordinate the BOCC public hearing required by Florida Statutes for adoption of the revised Evaluation and Appraisal Report. Task 10 Deliverables: . Report on direction from the hearing. . One electronic and 10 hard copies of the draft EAR (as revised to address staff comments) for the DRC review and Board of County Commissioners adoption. Consultants Lump Sum Feefor Phase II Task 10........................... ...$ 1,780.00* TASK 11- MAILING OF ADOPTED PROPOSED EAR TO DCA 11.1 TIle revised adopted EAR will be submitted to the County for transmittal to DCA. Task 11 Deliverable: . 20 bound copies and 2 electronic files of the adopted EAR for transmittal and internal distribution. Consultants Lump Sum Feefor Phase II Task 11................................. ...... $ 1,600.00* Note: If further proceedings are necessary (e.g., mediation, ligation), it is anticipated that K&S will be available, pursuant to an amendment to this contract, to provide additional servIces. Optional Services (not included in total) Additional Public Outreach Events: K&S staffwill utilize the Mobile Information Station (MIS) for additional events, at locations as selected by the County, to obtain feedback, encourage public participation and answer stakeholder questions. Consultant's Lump Sum Fee each event shall not exceed... ... ... ... ... ... ... ... ... ...$9,960.00 Other Meetings/Hearings as Coordinated bv the County: K&S staff (up to 2 persons maximllm) attendance at additional meetings/hearings before the Planning Commission (LP A) or BOCC for all tasks included in this Phase. 12 Monr()e County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monr()e County and Keith and Schnars, P .A. December 2, 2009 Consultant's Lump Sum Fee each meeting/hearing shall not exceed... ... ... ... $3, 760.00 TOTA]~ FEE for Phase II.................................................. ....... $ 229,990.00 * Tasks 8-11 fees ($11,870) not included in Phase II Total- but may be necessary if objections, comments, and recommendations report is received from Department of Community Affairs (DCA) PHASE III -COMPREHENSIVE PLAN AMENDMENTS/COMPREHENSIVE PLAN 2010-2030 TASK 1 - PHASE III KICKOFF 1.1 K&S will meet with the project managers from the County to review work tasks anld project schedule, and establish expectations of Phase III. 1.2 KI&S will update the PIP as necessary. Task 11]eliverables: . Meeting agenda; . Meeting participation; . Written meeting summary; and . Updated PIP. Consultants Lump Sum Feefor Phase III Task 1... ... ... ... ...... ............ ... ...$ 5,580.00 TASK :Z - MEETINGS AND PUBLIC INVOLVEMENT 2.1 KI&S will participate and coordinate meetings (in person and telephonically) with County staff two times per month for the duration of Phase III. 2.2 KI&S will participate and coordinate (up to 4 two-hour) meetings with the D~epartment of Community Affairs (DCA) during its informal and formal review process (telephonic). 2.3 K4&S will update the project website monthly, at a minimum. Tasks 2 Deliverables: . Meeting agendas; . Meeting and public event participation; 13 Monroe County Comprehensive Plan Update SCOP:E OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 . Written meeting and public event summaries, including DCA recommendations and comments; . Information data base, updated throughout Phase 3; . General public/stakeholder outreach events; and . Updated project website. Consult,ants Lump Sum Feefor Phase III Task 2................................. ...$ 67,430.00 TASK 3 - PREPARATION OF DRAFT COMPREHENSIVE PLAN AMENDMENTS 3.1 Utilizing the recommendations contained within the EAR; and input gathered through the public involvement process and preliminary meetings with the DCA, K&S will draft amendments to the Plan to implement the goals of the County, that meets the requirements of Chapter 380 and Chapter 163, Part II, F.S., Chapter 9J-5, and Rule 28-20 F.A.C., and all other applicable studies or plans. During the drafting process, K&S will work closely with County staff, the Planning Commission, the Board of County Commissioners, the DCA, and other agencies as ne:cessary, to assure that the amendments are acceptable and to work through issues prior to submission of the final amendments. 3.2 Kc~S will provide additional amendments to the Comprehensive Plan Policy Document based upon the updated Technical Document and any impending statutory requirements; and shall delete any goals, objectives and policies which arte out-of-date or no longer applicable. 3.3 Kc~S will participate and coordinate six (6) meetings with the DRC to review the draft amendments. These expanded meetings will be a part of the regular bimonthly meetings identified in Task 2.1. 3.4 Kc~S will coordinate and participate in five (5) meetings before the Planning Commission to review the draft amendments. Task 3 l)eliverable: . Meeting agendas, as necessary; . Meeting participation; . Meeting summaries, including directional items from the Planning Commission; and . 20 copies and 1 digital file, in final ordinance and strikethrough and underlined format, of the proposed Comprehensive Plan Amendments. Such amendments shall include those based upon the results of the Evaluation and Appraisal report; the updated Technical Document; impending statutory requirements; 14 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 and, the deletion of, or revision to, any goals, objectives and policies which are out-of-date or no longer applicable; Consultants Lump Sum Fee for Phase III Task 3... ... ... ...... ... ... ... ... ... ... ...$ 63,870.00 TASK.~ - PREPARATION OF FINAL COMPREHENSIVE PLAN AMENDMENTS 4.1 Incorporating the comments and feedback received on the draft amendments during Tasks 2 and 3, K&S will develop a final set of amendments in underline- strikethrough to be reviewed during the public hearing process by the Planning Commission (LP A) and the BOCC during both the transmittal and adoption hearing process. 4.2 Kl&S will participate and coordinate two (2) public hearings before the Planning Commission (LP A). 4.3 KI&S will participate and coordinate two (2) public hearings before the Board of County Commissioners for the review, adoption and transmittal of the amendments to the DCA. Task 41]eliverable: . Hearings participation; . Report on direction from the hearings before the LP A and the BOCC; . 20 copies and 1 digital file of the proposed Comprehensive Plan Amendments in Final Ordinance and strikethrough and underlined format. Consultants Lump Sum Feefor Phase III Task 4............... ............... ......$ 29,820.00 TASK 5 - FOLLOW-UP AND MODIFICATION 5.1 Kl&S will analyze the DCA response in its Objections, Recommendations and Comments (aRC) Report to the transmittal of the Plan amendments and, shall prepare a written response to each item. 5.2 If necessary, K&S shall make the necessary adjustments or modifications at the direction of the County and will be provided in underline-strikethrough format. 15 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monrc)e County and Keith and Schnars, P .A. December 2, 2009 Task 5 l)eliverables: . Written response to the ORC addressing each item; and . 20 copies and 1 digital file of the final Comprehensive Plan Amendments, in strikethrough and underline format, for adoption and enactment. . 1 digital file and 20 tabbed copies, without strikethrough and underline, of all of the goals, objectives and policies of the complete "2010-2030 Comprehensive Plan" . Consultants Lump Sum Feefor Phase III Task 5......... ... .................. ...$ 38,130.00 Note: If further proceedings are necessary (e.g., mediation, ligation), it is anticipated that K&S will be available, pursuant to an amendment to this contract, to provide additional servIces. Optional Services (not included in total) Additional Public Outreach Events: K&S staffwill utilize the Mobile Information Station (MIS) for additional events, at locations as selected by the County, to obtain feedback, encourage public participation and answer stakeholder questions. Consultant's Lump Sum Fee each event shall not exceed... ... ... ... ... ... ... ... ... ... $9, 960.00 Other Meetings/Hearings as Coordinated bv the County: K&S staff (up to 2 persons maximllm) attendance at additional meetings/hearings before the Planning Commission (LP A) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting/hearing shall not exceed... ... ... ... $3,760.00 TOTAL FEE FOR PHASE III...................... .................. ......... $ 204,830.00 16 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN TASK 1 - PHASE IV KICKOFF 1.1 K&S will meet with the project managers from the County to review work tasks arLd project schedule, and establish expectations of Phase IV. 1.2 K&S will update the PIP as necessary. Task 1 ~Deliverables: . Meeting agenda; . Written meeting summary; and . Updated PIP Consultants Lump Sum Fee for Phase IV Task 1... ... ... ... ... ... ... ... ...... ... ...$ 14,535.00 TASK 2 - AMENDMENT RECOMMENDATIONS 2.1 K&S shall prepare a report that will include recommended reVISIons and arnendments to create LDRs based on existing code, Comprehensive Plan and Florida law. The results of this analysis will establish the focus for drafting the new land development code. 2.2 K&S will conduct up to two (2) meetings with County staff to review and provide input on the Recommendations and Revisions Report generated in Task 2.1, above. These expanded meetings will be a part of the regular bimonthly meetings identified in Task 3.1 below. 2.3 K&S will coordinate up to five (5) presentations before the Planning Commission to obtain input on the issues and recommendations identified in Task 2.1. Task 2 ~Deliverable: . Meetings agendas, as necessary; . Meetings participation; . Presentation materials; . Written meeting summaries; and . Recommendations and Revisions Analysis Report (20 copies and 1 electronic file ). 17 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 Consultants Lump Sum Feefor Phase IV Task 2...... ..................... ..... ...$ 55,680.00 TASK:3 - MEETINGS AND PUBLIC INVOLVEMENT 3.1 For the duration of Phase IV, K&S will participate in up to two (2) meetings pt~r month (for a total of 16 meetings), either in person or via telephone, with County staff to discuss the status of the project and to solicit comments and feedback. 3.2 Kl&S will participate in one (1) general public outreach event/program during Pllase IV. 3.3 KI&S will update the project website monthly, at a minimum. Task 3 jDeliverables: . Meeting agendas, as necessary; . Written meeting summaries; . Monthly progress reports; . General public outreach event; and . Project website update. Consultants Lump Sum Fee for Phase IV Task 3... ... ... ... ... ... ... ... ... ... ... ...$ 76,100.00 TASK 4 - PREPARATION OF DRAFT LAND DEVELOPMENT REGULATIONS 4.1 Utilizing the results of the Tasks 2 and input gathered through the community involvement process and scoping and review meetings with County staff, K&S will prepare amendments to the County's LDRs. The regulations shall be reorganized to UIlify the various requirements and consolidate subject matter into a user-friendly, siJmple to administer and enforce, land development code that will implement the aclopted Comprehensive Plan; the EAR.; the Strategic Regional Policy Plan; CJhapter 380 and Chapter 163, Part II, F.S.; Chapter 9J-5 F.A.C. and Rule 28-20 F.A.C; and conform with other applicable studies and plans. 4.2 D"uring the drafting process, K&S will work closely with County Staff, the Planning Commission, the Development Review Committee (DRC), the BOCC, the DCA arLd other agencies as necessary, to assure that the amendments are acceptable and to work through issues prior to submission to the County of the final amendments. Task 4 jDeliverable: 18 Monroe County Comprehensive Plan Update SCOP~~ OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 . DCA Informal Review . 20 copies and 1 digital file of the proposed LDR amendments. Consultants Lump Sum Feefor Phase IV Task 4... ... ..................... ...... ...$ 79,340.00 TASK ~5 -PLANNING COMMISSION HEARINGS/ INITIAL REVISIONS 5.1 K~SLS will present and provide an overview of the planning and regulatory documents prepared in Task 4 at up to three (3) public hearings of the Planning Commission; solicit the comments of the Commission members; and, develop a list of the concerns and suggestions provided at the meetings. K&S will coordinate with the County regarding public notice of the meetings. Task 5 l)eliverables: . Meeting agendas, as necessary; . Presentation materials; and . Written meeting summaries. Consultants Lump Sum Feefor Phase IV Task 5...... ............................ ...$ 6,850.00 TASK 6 - FINAL DRAFT ORDINANCES 6.1 Based on the comments provided in Task 5, K&S will prepare a final draft of the proposed LDR amendments. Task 61Jeliverable: . 20 copies and 1 digital file of the proposed LDR amendments. Consultants Lump Sum Feefor Phase IV Task 6...... ......... ............... ... ...$ 24,960.00 TASK '7 - PUBLIC HEARINGS 7.1 K,&S shall present the final land development code at a public hearing before the Planning Commission and two (2) public hearings before the Board of County Commissioners for adoption and enactment. Task 7 jDeliverables: 19 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P .A. December 2, 2009 . Hearing participation; . Presentation materials; and . Hearing summaries. Consultant's Lump Sum Fee for Phase IV Task 7... ... ... ... ... ... ... ... ... ... .... $ 6,800.00 Note: If further proceedings are necessary (e.g., mediation, ligation), it is anticipated that K&S will be available, pursuant to an amendment to this contract, to provide additional servIces. Optional Services (not included in total) Additional Public Outreach Events: K&S staffwill utilize the Mobile Information Station (MIS) for additional events, at locations as selected by the County, to obtain feedback, encourage public participation and answer stakeholder questions. Consultant's Lump Sum Fee each event shall not exceed...... .................. ... ...$9,960.00 Other ]'vleetings/Hearings as Coordinated bv the County: K&S staff (up to 2 persons maximllm) attendance at additional meetings/hearings before the Planning Commission (LP A) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting/hearing shall not exceed... ... ...... $3,760.00 TOTAL FEE FOR PHASE IV...................................................$ $264,325.00 TOTAL LUMP SUM FEE ..................................................$ $1,031,985.00 20 �§ I k . O. - :/ ; § ; ]En- 0- ,z< E ; { k ^ « _, $ ®\ ( d ; / 5 ■ °! ■ ! : § _: os: o ;, 0 § E ! F. ; {\ ! ; I }t I ! ! I 2. 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Suite 980 McLean, VA 22102 (703) 827-2277 To~ MONROECOmrn' MARATHON GOVEBNMENT CE~R %791 OVERSEAS mGJIW AY MARATBON, FL 33051 ~ set forth belQw 1 the named insured has in fo~ on the date indicated., a policy of ArchiteculEngiDeers Professional I And pollution Incident Liability insurance with a limit of jliBbility of not less t:Mn the .mount indicated. Name of Insured: KEITH AND SCIIN AIlS, P.A.. Addmss of Insured; 6500 NORTH ANDREWS AVENUE FT. LAUDERDALE, FL 333~"132 Policy Number: AEB 00 619 12 27 Insurance Company CONTINENTAL CASUAL 1'Y COMPANY (CNA) 24307 111111009 coNTINENTAL CASUAlTY COMPANY (~A) ARCHIl'ECTS/ENGlNEEItS PROfESSIONAL AND POLLU110N INCIDENT LIABILITY This certificate is issued as a matter of information only aud coofers no ridns upon the bolder. By i1s tS$U8I1Ce, it does Dot alter, eftange, modify or extald the provisions of said policy and does not waive any riPtstheramdet. Policy Period: 3/1/10891'0 3/112811 Limit Of Liability - Per Claim: 1510,088.11 Limit of Liability - Annual Aggreaate: Sl...... )i\~~(~-~J 't .AMES "GOUGH INSUllANCElfUSK MANAGEMENT, INC~ /':- "} . r ... r., '"~ '1,0 ........l_~. -'" - ',.._, ,- l~- '- t. f"'t" .P ..'''c__.(rt...;~ /A ,~ Barbera A Sable ... _" ...... f ... ~ ..." ... - -. - - -.. -- - - - - ~ ---- - - - - ~CeR ..1t:~i~ 1700 w.o~~b ADdrewe A~.ut, SUite 380 Fe~t Lauderdale FL 3'30' (g!4) 938~"'8 ('54) gaB-8S.' CERTIFICATE OF LIABILITY INSURANCE M:Z(~ THIS CERTIFICATE. I&8U!O AS A MAlTEJIt OF INFORMATION OHL Y AND CONFERS NO IltIGHTS UPON THe CI!RTIFICA Ti HOLDliR. THIS CERt1FICA M DOES NOT AMEND, EXTEND Oft ALTER .,.. COVIAAGE AFFOROI!O BY THE POLICI LOW.. ACORD." ~ X.it~ aQd schftara, P. l. 6500 1IQ%;t.Il AD".- A'VeAu. P~. Lauder~l. rL 3330J NAJC , 2.'17 as"2 .15'15 19.29 COVE G S THE POlICFES OF tH$URANCE UST'ED BELOW tiAVe seeN ISSUED TO THE ?NSUReD NAMED A8O\I! P'OR tHe POlICV PERIOO fNOfCATeD. 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