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03rd Amendment 05/18/2011DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 13, 2011 TO: Christine Hurley, Director Growth Management Division ATTN. Mayra Tezanos Executive Assistant FROM. Pamela G. Han oc . C. At the May 18, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item HI Third Amendment to the Agreement for Professional Services with Keith and Schnars (K & S), P.A., for additional services concerning the Naval Air Station Environmental Impact Study or other studies or activities connected with the National Environmental Policy Act at NAS Key West and additional services connected with state requirements for military installation compatibility. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact my office. cc: County Attorney via e-mail Finance File/ THIRD AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES with KEITH AND SCHNARS, P.A. This Third Amendment (Amendment) to the Contract for Professional Services dated December 16, 2009 between Monroe County (County) and Keith and, Schnars, P.A. (Consultant) is made and entered into this 18 day of May, 2011. WITNESSETH: WHEREAS, County desires to increase the scope of services under the existing contract to include services addressing and relating to the Environmental Impact Statement (EIS) being done by the United States Navy (Navy) for Naval Air Station Key West ( NASKW) and activities related to the National Environmental Policy Act (NEPA) ; and WHEREAS, the EIS, NEPA requirements, and subsequent related actions by the Navy may affect the military coordination and military installation compatibility components of the County s Evaluation and Appraisal Report and Comprehensive Plan Amendments or other statutory requirements in the Florida Statutes; NOW, THEREFORE, the parties agree as follows: 1. Exhibit A Scope of Services for Phase II shall be amended by the addition of the following: Task 12 — POLICY AND TECHNICAL SUPPORT ON THE NAS KEY WEST EIS AND RELATED STUDIES AND ACTIVITIES 12.1 K &S shall provide support to the County's Environmental Impact Study Oversight Committee (EIS Committee) and /or for all activities related to NASKW for NEPA issues affecting the County. This includes participation in EIS Committee meetings or other meetings as authorized by County. This support will be provided primarily by K &S Vice President Michael L. Davis. April 29, 2011 Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $295.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.2 K &S shall assist the BOCC, County Administrator and the EIS Committee in the review and preparation of comments in response to the Draft (DEIS) and Final EIS (FEIS) documents published by NASKW. This may include organizing the County's review and comment response team and drafting the official County response to Navy NEPA documents. Consultant shall provide copies of all documents to County. Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.3 K &S may use sub - consultants as appropriate to collect and analyze data from the DEIS and FEIS. Specifically, K &S will utilize a sub - consultant to collect and /or review noise data, including noise monitoring at various County owned locations which may include: Stock Island, Rockland, Big Coppitt, Shark Key, and /or Key Haven, as applicable to the 2007 AICUZ, review of the Navy EIS, and /or EAR. Consultant shall provide a copy(ies) of any data and analysis report from a sub consultant and one electronic copy. Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $235.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.4 K &S as requested by the BOCC or County Administrator shall represent the County with State and Federal agencies in matters relating to the NASKW EIS. Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.5 Work performed under this Task (Task 12) shall not be subject to contract provisions in Section 4.2 and are to be paid monthly with no retainage. 2 April 29, 2011 12.6 The parties acknowledge that this task is not shown on Exhibit B and may exceed the time frame for Phase Il. 12.7 Task 12 fees shall not exceed Fifty Thousand Dollars ($50,000.00) and are not included in the Lump Sum Phase II total. The hourly fees include consultant's expenses and reimbursables other than the deliverables (materials) stated above. Travel outside of the state of Florida shall be reimbursed according to County policy and ordinance governing travel. EREOF, the parties have executed this Third Amendment. F�! a BOARD OF COUNTY COMMISSIONERS HAGE, CLERK OF MONROE 0PUNX, FLORIDA Deputy Clerk Mayor Header qa nthers /__ /_ ., 1 S Witness 1 o rn O O _ April 29, 2011 KEITH AND SCHNARS, P.A. Michael L. Davis, Vice President Q Date MO PPR O p AS TO FORM: S N M. GRIMS ASSIST NT CQUNTY ATTORNEY Daie �. � /� 3 A ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/30/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Seitlin NAME: PHONE 6700 N. Andrews Ave., Ste 300 IA/C.No.Extl: (954) 938-8788 FAX 6700 (954) 938-8566 E-MAIL Ft. Lauderdale FL 33309 ADDRESS: PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:St. Paul Fire & Marine 24767 Keith and Schnars, P. A. INSURER B:Travelers Indemnity Co of CT 25682 6500 North Andrews Avenue INSURER C:Charter Oak Fire Insurance Co 25615 Ft. Lauderdale FL 33309 INSURER D:Ins. Co. of the State of PA 19429 INSURER E:Underwriters at Lloyds INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 26882 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINS I TYPE OF INSURANCE I ADDL S INSR UBR WVD I POLICY NUMBER (MM/DD/YYYY)I POLICY EXP IMMIDDfYYYY) LIMITS POLICY EFF I GENERAL LIABILITY EACH OCCURRENCE I$ 1,000,000 AMAGE TO RENTED B X COMMERCIAL GENERAL LIABILITY P660-193X5294-TCT-10 8/14/2010 8/14/2011 PREMSES(Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 X Contractual Liab. PERSONAL F.ADV INJURY $ 1,000,000 X XCII, Broad Form PD GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: :71�,\.)��pJ/���� a f .. - _ PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- - I f 77 POLICY JECT I LOC 1 $ AUTOMOBILE LIABILITY �'• - - �' I- --- - - COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 C X ANY AUTO P810-2901C8594-00E-10 8/14/2010 8/14/2011 ,BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB 4K06803864 8/14/2010 8/14/2011 CLAIMS-MADE AGGREGATE $ 5,000,000 DEDUCTIBLE PROD/CO-OPS AGG $ 5,000,000 RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC5226685 I12/1/2010 12/1/2011 X TWTATU I OT - Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Maritime Employers F12M1M697-3081-10 12/1/2010 12/1/2011 CSL: $1,000,000 Any one Liability accident or illness DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Re: K&S #17923.XX, Monroe County Comp Plan Update Master Plan. Certificate holder, as Contractor, is an Additional Insured as respects General Liability when required by written contract subject to the terms, conditions and exclusions of the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 2798 Overseas Hwy AUTHORIZED REPRESENTATIVE r��^.`--iti Marathon FL 33050 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD AccpRE, ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/31/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT • NAME: PHONE FAX Ames & Gough A/C.No.Extl: (703)827-2277 (A/C,No): (703)827-2279 8300 Greensboro Drive E-MAIL ADDRESS: Suite 980 PRODUCER 00002075 CUSTOMER ID#: McLean, VA 22102 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Cont inental Casualty Company 20443 INSURER B: Keith and Schnars, P.A. INSURERC: 6500 North Andrews Avenue INSURER D: INSURER E: Ft. Lauderdale FL 33309-2132 INSURERF: COVERAGES CERTIFICATE NUMBER:2011-2012 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE 1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS _ BODILY INJURY(Per accident) $ SCHEDULED AUTOS _ PROPERTY DAMAGE HIRED AUTOS (Per accident) NON-OWNED AUTOS UMBRELLA LIAB OCCUR `(, EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE I` AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? n N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY AEH 00 609 12 27 3/1/2011 3/1/2012 PER CLAIM 500,000 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: K&S #17923.XX/MONROE COUNTY COMP PLAN UPDATE/MASTER PLAN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Marathon Government Center 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Marathon, FL 33050 • Dan Knise/BHARRI ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD