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07th Amendment 09/21/2012
DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 2, 2012 TO: Christine Mirky, Director Growth Management Division ATTN.• Mayra Te.:anos E_vecid ve Assistant FROM: Pamela G. HancaD. C. At the September 21, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item H2 the Seventh (7th) Amendment to the agreement for professional services with Keith and Schnars (K&S), P.A., to reorganize the remaining phases of the contract, in order to reduce the potential for conflicts between the Comprehensive Plan and the Land Development Code, and minimize the time period between the adoption of the Comprehensive Plan Amendments (Phase 1II) and the adoption of revisions to the Land Development Code (Phase IV). Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney w/o document Finance File SEVENTH AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES with KEITH AND SCHNARS, P.A. This Seventh 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 21dt day of 6-. WITNESSETH: WHEREAS, Consultant was retained to update the County's Comprehensive Plan Technical Document (Phase I), complete an Evaluation and Appraisal Report (EAR) of the Comprehensive Plan (Phase II) , complete Comprehensive Plan Text Amendments (Phase III) and EAR based Land Development Code amendments (Phase IV); and WHEREAS, in order to reduce the potential for conflicts between the Comprehensive Plan and the Land Development Code, the County desires to minimize the time period between the adoption of the Comprehensive Plan Amendments (Phase III) and the adoption of revisions to the Land Development Code (Phase IV) and has requested the Consultant move forward the Phase IV schedule; and WHEREAS, the County and Consultant desire to clarify Phase III, Task 2.1, and reduce the number of meeting hours for Phase III, Task 2.2 in order to provide additional deliverables for Phase III, Task 4 noted below and remain within the existing budget; and WHEREAS, the County and Consultant desire to clarify Phase III, Task 3 deliverables; and WHEREAS, the County desires the Consultant to provide additional deliverables for Phase III, Task 4 by producing twenty (20) additional copies of the proposed Comprehensive Plan Amendments for review by the BOCC which will incorporate the direction received from the LPA during Phase III, Task 4.2; and WHEREAS, the County and Consultant desire to clarify Phase IV, Task 2.1 and 2.2; and Amendment #7 September 21, 2012 Page 1 WHEREAS, for Phase IV, both County and Consultant sees the need for a meeting for the BOCC to review and discuss the Recommendations and Revisions Report; therefore, the County and Consultant agree to reduce the number of meetings before the Planning Commission (Task 2.3) and to reassign one meeting to the BOCC (new Task 2.4), and amend the Task 2 deliverables accordingly; and WHEREAS, due to the shift forward of the Phase IV schedule, the monthly meetings for Phase IV (Task 3.1) will overlap the monthly meetings for Phase III (Task 2.1). The County and the Consultant agree to convert the overlapping monthly meetings to additional meetings (described in the two paragraphs below). Meetings were converted from telephonic to on -site, and thus are not a one -to -one replacement. Eight (8) telephonic meetings have been converted to eight (8) additional on -site full day meetings; and WHEREAS, for Phase IV, both the County and Consultant sees the need for meetings with the DRC (new Task 4.3) and DEO (new Task 4.4) to review and discuss the draft amendments produced in Task 4.1, and amend the Task 4 deliverables accordingly; and WHEREAS, the County desires the Consultant to produce twenty (20) additional copies of the proposed land development code amendments for review by the BOCC which will incorporate the direction received from the Planning Commission during Task 5.1; and WHEREAS, the County desires the Consultant to present an overview of the amendments produced in Task 4 at hearings before the BOCC (new Task 5.2) and amend the deliverables for Task 5 and Task 7 accordingly; and WHEREAS, the County and Consultant desire to correct an error in the calculation of total fees for Phase IV, Task 7; and WHEREAS, these amendments do not result in additional fees, including Phase IV; however, fees for individual task totals will shift as meetings are moved from one task to another; and WHEREAS, the above noted changes are being incorporated into the revised Exhibit A Scope of Services shown on Exhibit 1 (attached). Amendment #7 September 21, 2012 Page 2 NOW, THEREFORE, the parties agree that: Section 1. Exhibit A Scope of Services for Phase III and IV shall be amended as shown on Exhibit 1 (attached) and summarized as follows: 1. Phase III, Task 2.1 has been clarified to indicate staff meetings are "up to" two times per month and Task 3 and 4 deliverables are clarified. 2. Phase III, Task 2.2 compensation has been reduced; the hours for coordination with DEO has been reduced by One Thousand, Four Hundred Dollars ($1,400.00) and those hours converted to allow for the production of twenty (20) additional copies of the proposed comprehensive plan amendments under Task 4. Consultant's Lump Sum Fee for Phase III, Task 2 shall be $87,567.00. 3. Phase III, Task 4 compensation has increased by One Thousand, Four Hundred Dollars ($1,400.00) for the additional twenty (20) copies noted above. Consultant's Lump Sum Fee for Phase III, Task 4 shall be Thirty -two Thousand, Fifteen Dollars ($32,015.00). 4. Phase IV, Task 2 compensation shall be reduced by Three Thousand, Three Hundred Seventy -six Dollars ($3,376.00) due to the shifting and conversion of meetings. Consultant's Lump Sum Fee for Task 2 shall be Fifty -two Thousand, Three Hundred and Four Dollars ($52,304.00). 5. Phase IV, Task 3 compensation shall be reduced by Twenty -one Thousand, Five Hundred Eighteen Dollars ($21,518.00) due to the reduction of meetings. Consultant's Lump Sum Fee for Task 3 shall be Fifty -six Thousand, Eight Hundred Seventy -one Dollars ($56,871.00). 6. Phase IV, Task 4 compensation shall be increased by Eleven Thousand, Five Hundred Fifty -two Dollars ($11,552.00) due to the new meetings added. Consultant's Lump Sum Fee for Task 4 shall be Ninety Thousand, Eight Hundred Ninety -two Dollars ($90,892.00). 7. Phase IV, Task 5 compensation shall be increased by Eleven Thousand, Four Hundred, Seventy -eight Dollars ($11,478.00) for the new meetings added and deliverables. Consultant's Lump Sum Fee for Task 5 shall be Eighteen Thousand, Three Hundred Twenty -eight Dollars ($18,328.00). 8. Phase IV, Task 7 compensation shall be increased by One Thousand, Eight Hundred Sixty -four ($1,864.00) to correct a previous calculation error. Consultant's Lump Sum Fee for Task 7 shall be Eight Thousand, Six Hundred Sixty -four Dollars ($8,664.00). 9. The Total Lump Sum Fee for Phase IV has not changed and remains at Two Hundred, Sixty -six Thousand, Five Hundred and Fifty -four Dollars ($266,554.00). Amendment #7 September 21, 2012 Page 3 10.AII other conditions of the contract entered into by the parties, and amendments to date which have not been superseded, remain in full force and effect. Section 2. Exhibit B, Master Project Schedule is amended accordingly and attached as Exhibit 2. IN WITNESS WHEREOF, the parties have executed this Seventh Amendment. ATTEST: BOARD OF COUNTY COMMISSIONERS DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA Cr i / / , ......:1.4 Deputy Clerk Mayor David ice KEITH AND SCHNARS, P.A. ,T)auut,„_c.,-,A,0„,„ 1164( 6 .s .Q ,....,ae....- Witnes Michael L. Davis, Vice President L., ,,,....4„2.4..„..,._ 41 944- WI ess Date . ,t-iHOE COUNTY ATTORNc t CD � ,_s : . h,prROVE' ' ST% BM N /I d ..,../.iai / = -- _i .4.0! i�J LEY t' ;', --, SUSAN M. GRI ��. ' ", NT a. SSl ANT COUv gTTd)H LL 1-- 1 =2 c — Amendment #7 September 21, 2012 Page 4 Exhibit 1 to 7th Amendment Exhibit A to Agreement Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 PHASE I - TECHNICAL DOCUMENT TASK 1 -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. The 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 involvement plan will be prepared. The 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. Amendment, September 21, 2012 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 Fee for Phase I Task 1 $ 72,090.00 TASK 2 - 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 the 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. This 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. 2.6 K &S will prepare monthly project progress reports. Task 2 Deliverables: • Meeting participation; • Meeting agendas; • Written meeting summaries; • Update project website; 2 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 • General public /stakeholder outreach event; and • Monthly progress reports. Consultants Lump Sum Fee for Phase 1 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. The analysis will determine trends that are emerging; the suitability of existing land use regulations, relevant growth management laws and rules, public /private facilities and services to meet the changing needs of the population; and, where public 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. 3.2 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 163.3177, 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. 3 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 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 (LPA) 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 Deliverables: • Draft Technical Document (20 copies with 1 electronic file); • Meeting agendas; • Meeting participation; • Written meeting summaries; • One full size (11 "x 17 ") and one reduced copy (8.5 "x11 ") 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 $ 214,730.00 TASK 4 - FINAL TECHNICAL DOCUMENT 4.1 Utilizing the results from Tasks above, K &S will prepare a Final "2010 -2030 Technical Document ". This document is the basis for the remaining phases of the Evaluation and Appraisal Report (EAR) and the future Comprehensive Plan update. 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 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 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 "x11 ") 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 1 Task 4 $ 40,460.00 TOTAL LUMP SUM FEE FOR PHASE I. $ 392,840.00 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 Fee for each event shall not exceed $9,960.00 Other Meetings /Hearings as Coordinated by the County: K &S staff (up to 2 persons) attendance at additional meetings /hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting /hearing shall not exceed $3,760.00 5 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 PHASE II - EVALUATION AND APPRAISAL REPORT (EAR) TASK 1- ASSESSMENT OF MAJOR ISSUES AND PUBLIC INVOLVEMENT 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 the project and to solicit comments and feedback (Originally 30 staff meetings scheduled; addition of 10 staff meetings; for a total of 40 staff meetings). This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services between the County and K &S. 1.4. K &S shall conduct other coordination efforts to include meetings with elected officials, appointed officials, County staff, and other government agencies, including the DCA. 1.5. K &S will update the project website monthly, at a minimum. Progress reports shall include details of website updates completed every month. This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services between the County and K &S. 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; 6 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 • 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 Fee for Phase 11 Task 1 $ 145,735.00 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 the key issues that have been identified, and to identify additional issues that should be 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 EAR. 2.2 K &S will prepare a compilation report that summarizes all issues identified for further research and updating. This report will be submitted to the County for review and consideration. 2.3 After County approval, the compilation report will be provided to DCA in order to receive 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. 7 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 Consultants Lump Sum Fee for Phase II Task 2 $ 14,260.00 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 Deliverable: • A report summarizing, 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 11 Task 3 $ 17,560.00 TASK 4- PUBLIC MEETINGS 4.1 The K &S Team will conduct one (1) presentation to the Planning Commission to obtain feedback on the report generated during Task 3. 4.2 The 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 4 Deliverable: • Meeting agendas, if necessary; • Meeting participation; and • Written documentation of Commission and BOCC direction Consultants Lump Sum Fee for Phase 11 Task 4 $ 16,520.00 TASK 5 - DEVELOPMENT AND PREPARATION OF EAR The purpose of this Task is to develop and prepare, in coordination with County staff, an EAR (an evaluation and appraisal of the 2010 Monroe County Comprehensive Plan). 8 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 5.1 The issues identified in Tasks 1 and 2 will be: described, analyzed, and, evaluated by 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 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; • List of changes needed in the comprehensive plan due to changes in State law, in particular HB 7207, and the results of the Element by Element Assessment and an analysis of the major issues; and • Other issues as may be required by County staff. 5.4 K &S will organize and attend two (2) meetings of the Planning Commission (LPA) on the EAR for the purpose of obtaining comments on the EAR. One (1) Planning Commission meeting to present the 1St portion of the EAR and one (1) Planning Commission to present the 2nd portion of the EAR. 5.5 K &S will organize and attend two (2) meetings of the BOCC on the EAR for the purpose of obtaining comments on the EAR. One (1) BOCC meeting to present the 1st portion of the EAR and one (1) BOCC to present the 2nd portion of the EAR. Tasks 1 through 5.3 will result in the development of the EAR. This draft will be submitted electronically to the County for preliminary staff review. Any comments or suggestions received from the scoping meeting, the public meetings, the Planning Commission and BOCC meetings noted in Tasks 5.4 and 5.5 will be addressed prior to K &S submitting the final version (see Deliverable section below) of the EAR to Monroe County. The final version will be submitted to the BOCC for adoption as data and analysis for potential comprehensive plan amendments and for submission to the state planning agency and appropriate agencies, as data and analysis when transmitting proposed comprehensive plan amendments. 9 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 Task 5 Deliverable: • Meeting agendas; • Presentation materials; • Meeting participation; • Written summary of PC and BOCC direction; • 1 electronic copy of the EAR for preliminary internal staff review; and • 1 electronic copy and 20 hard copies of the EAR for the Planning Commission and BOCC meetings noted in Tasks 5.4 and 5.5. Consultants Lump Sum Fee for Phase 11 Task 5 $ 47,460.00 TASK 6 - FINAL PUBLIC MEETING ON EAR 6.1 K &S will organize, attend and coordinate one (1) adoption meeting before the BOCC. The purpose of the BOCC hearing is to adopt the EAR. Task 6 Deliverables: • Meeting and hearing agenda coordination; • Presentation materials; • Meeting participation; and • 1 electronic copy of the EAR and 20 hard copies of the Final EAR for the BOCC adoption hearing in Task 6.1. Consultants Lump Sum Fee for Phase 11 Task 6 $ 5,400.00 TASKS 7 and OPTIONAL TASKS 8, 9, 10, and 11 were deleted by the 4th AMENDMENT to the SCOPE OF WORK (Exhibit A) on AUGUST 17, 2011. TASK 12 - MILITARY COMPATIBILITY COORDINATION 12.1 K &S shall provide support to the County's Environmental Impact Study Oversight Committee (EIS Committee) and 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. 10 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 Consultant's 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. 12.2 K &S shall assist the BOCC, County Administrator and the EIS Committee in the review and preparation of comments in response to two Draft (DEIS) and two Final EIS (FEIS) documents published by the Navy that potentially affect the County. 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. Consultant's 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. Consultant's 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 draft and final EIS documents or other Navy NEPA documents that potentially affect the County. K &S will attend a Navy Public Hearings concerning these documents, as authorized by and at the County's request. Consultant's 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. 11 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 12.6 The parties acknowledge that this task is not shown on Exhibit B and will exceed the time frame for Phase II. Task 12 fees shall not exceed Ninety Six Thousand Dollars ($96,000.00) 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. TOTAL LUMP SUM FEE FOR PHASE II... $ 246,935.00 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 Fee for each event shall not exceed $9,960.00 Other Meetings /Hearings as Coordinated by the County: K &S staff (up to 2 persons) attendance at additional meetings /hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting /hearing shall not exceed $3,760.00 12 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 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 and project schedule, and establish expectations of Phase III. 1.2 K &S will update the Public Involvement Plan (PIP). Task 1 Deliverables: • Meeting agendas; • Meeting participation; • Written meeting summary; and • Updated PIP. Consultants Lump Sum Fee for Phase 111 Task 1 $ 5,580.00 TASK 2 - MEETINGS AND PUBLIC INVOLVEMENT 2.1 K &S will participate and coordinate meetings (in person and telephonically) with County staff up to two times per month for the duration of Phase III. This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services between the County and K &S. 2.2 K &S will participate and coordinate a total of 4 hours of meetings with the state land planning agency during its informal and formal review process (telephonic). 2.3 K &S will update the project website monthly, at a minimum. Progress reports shall include details of website updates completed every month. This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services the Monroe County and K &S. Tasks 2 Deliverables: • Meeting agendas; • Meeting and public event participation; • Written meeting and public event summaries, including the state land planning agency recommendations and comments; 13 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 • Information data base, updated throughout Phase 3; • General public /stakeholder outreach events; and • Updated project website. Consultants Lump Sum Fee for Phase 111 Task 2 $ 87,567.00 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 state land planning agency, 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., 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 state land planning agency, and other agencies as necessary, to assure that the amendments are acceptable and to work through issues prior to submission of the final amendments. 3.2 K &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 are out -of -date or no longer applicable. 3.3 K &S will participate and coordinate three (3) meetings with the Development Review Committee (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 K &S will coordinate and participate in three (3) meetings before the Planning Commission to review the draft amendments. Task 3 Deliverable: • DRC meeting agendas; • Meeting participation; • Comment Response Form documenting comments and direction from the Planning Commission and DRC; and • 20 copies and 1 digital file, in draft 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; 14 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 impending statutory requirements; 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 $ 57,062.00 TASK 4 - 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 (LPA) and the BOCC during both the transmittal and adoption hearing process. 4.2 K &S will participate and coordinate one (1) public hearing before the Planning Commission (LPA). 4.3 K &S will participate and coordinate two (2) public hearings before the Board of County Commissioners for the review, transmittal and adoption of the amendments to the reviewing agencies pursuant to 163.3184 (b)(1)(2) F.S. Task 4 Deliverable: • Hearings participation; • Comment Response Form documenting the direction from the hearings before the LPA and the BOCC; • 20 copies and 1 digital file of the proposed Comprehensive Plan Amendments in Final Ordinance and strikethrough and underlined format which incorporates recommendations received from the LPA during Task 4.2. • 35 (15 for distribution to agencies identified under Ch. 163, F.S., and 20 copies for Monroe County use) copies and 1 digital file of the proposed Comprehensive Plan Amendments in Final Ordinance and strikethrough and underlined format for transmittal. Agency and municipality comments are due to the County within 30 days after receipt of a complete comprehensive plan transmittal package. Such comments will be forwarded by the County to the state land planning agency no later than 30 days after receipt of the complete transmittal package by the state land planning agency. Consultants Lump Sum Fee for Phase III Task 4 $ 32,015.00 15 • Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 TASK 5 - FOLLOW -UP AND MODIFICATION 5.1 K &S will analyze the state land planning agency response in its Objections, Recommendations and Comments (ORC) 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. K &S will participate and coordinate a public hearing before the Board of County Commissioners for the adoption of the amendments, as specified in Subtask 4.3. Task 5 Deliverables: • Written response to the ORC addressing each item; and • 35 copies (15 for distribution to agencies identified under Ch. 163, F.S., and 20 copies for Monroe County use) 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 (for Monroe County use only), without strikethrough and underline, of all of the goals, objectives and policies of the complete "2010 -2030 Comprehensive Plan ". Consultants Lump Sum Fee for Phase 111 Task 5 $ 39,555.00 TASK 6, Mining Regulations Consultation -K &S will summarize existing State regulations (FDEP and SFWMD) regarding mining. K &S will compare the County Comprehensive Plan policies and land development code to the State regulations with the goal of identifying potential deficiencies in the County Comprehensive Plan policies and land development code. K &S will provide recommendations on how to reconcile differences between the Comprehensive Plan (CP) and the Land Development Code (LDC). K &S will provide recommendations on how to improve the CP and LDCs with respect to mining operations, including minimum permitting requirements for mines and the minimum legal requirements for remediation and restoration after a mine is officially abandoned. K &S will participate in up to three (3) teleconferences with County staff. Scope does not include developing an inventory of existing or abandoned mines. The update to the CP policies and LDC to address mining permitting and reclamation determined through this consultation will be completed based upon existing contract provisions and fees in Phase III and Phase IV. 16 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 Consultants Fee for this task will be a lump sum $7,500.00 Task 6 lump sum shall not exceed Seven thousand Five hundred dollars ($7,500.00) and is not included in the Total Lump Sum Fee for Phase III total. TOTAL LUMP SUM FEE FOR PHASE III... .......................$ 221,779.00 Note: If further proceedings are necessary (e.g., mediation, litigation), 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 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 Fee for each event shall not exceed $9,960.00 Other Meetings /Hearings as Coordinated by the County: K &S staff (up to 2 persons) attendance at additional meetings /hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting /hearing shall not exceed $3,760.00 17 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 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 and project schedule, and establish expectations of Phase IV. 1.2 K &S will update the Public Involvement Plan (PIP). Task 1 Deliverables: • Meeting agendas; • 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 amendments to create LDCs 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. The draft Recommendations and Revisions Report (R &R Report) shall be provided in electronic form to the County staff for review and input. The final report shall incorporate the input received during Task 2.2, below. K &S will submit twenty (20) hard copies and one (1) digital file of the final R &R Report for PC and BOCC review. 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. 2.3 K &S will coordinate up to two (2) presentations before the Planning Commission to obtain input on the issues and recommendations identified in Task 2.1. 2.4 K &S will coordinate one (1) presentation before the Board of County Commissioners to obtain input on the issues and recommendations identified in Task 2.1. 18 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 Task 2 Deliverable: • Meetings agendas, as necessary; • Meetings participation; • Presentation materials; • Comment Response Form documenting comments and direction received from County staff, the Planning Commission and the BOCC; and • Recommendations and Revisions Analysis Report (20 copies and 2 electronic files). Consultants Lump Sum Fee for Phase IV Task 2 $ 52,304.00 TASK 3 - MEETINGS AND PUBLIC INVOLVEMENT 3.1 For the duration of Phase IV, K &S will participate in up to two (2) meetings per month (for up to a total of 14 meetings), either in person or via telephone, with County staff to discuss the status of the project and to solicit comments and feedback. This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services between the County and K &S. 3.2 K &S will participate in one (1) general public outreach event /program during Phase IV. 3.3 K &S will update the project website monthly, at a minimum. Progress reports shall include details of website updates completed every month. This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services between the County and K &S. Task 3 Deliverables: • Meeting agendas; • Written meeting summaries; • Monthly progress reports; • General public outreach event; and • Project website update. Consultants Lump Sum Fee for Phase IV Task 3 $ 56,871.00 19 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 TASK 4 - PREPARATION OF DRAFT LAND DEVELOPMENT CODE 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 LDCs. The codes shall be reorganized to unify the various requirements and consolidate subject matter into a user - friendly, simple to administer and enforce, land development code that will implement the adopted Comprehensive Plan; the EAR.; Chapter 380 and Chapter 163, Part II, F.S.; and Rule 28 -20 F.A.C; and conform with other applicable studies and plans. 4.2 During the drafting process, K &S will work closely with County Staff, the Planning Commission, the Development Review Committee (DRC), the BOCC, the state land planning agency and 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. 4.3 K &S will coordinate three (3) presentations before the DRC to review and discuss the draft amendments as noted in Task 4.1 4.4 Subsequent to the DRC meetings, K &S will coordinate one meeting with the DEO to review and discuss the draft amendments as noted in Task 4.1 Task 4 Deliverable: • Comment Response Form documenting the comments received during the DRC presentations and the state land planning agency Informal Review • 20 copies and 1 digital file of the proposed LDC amendments. Consultants Lump Sum Fee for Phase IV Task 4 $ 90,892.00 TASK 5 - PLANNING COMMISSION AND BOCC HEARINGS/ INITIAL REVISIONS 5.1 K &S 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. 5.2 K &S 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 Board of County Commissioners; solicit the comments of the Commission members; 20 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 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 Deliverables: • Meeting agendas, as necessary; • Presentation materials; • 20 copies and 1 digital file of the proposed LDC amendments, incorporating direction received at the Planning Commission hearings during Task 5.1; and • Comment Response Form documenting the comments received during the PC and BOCC presentations. Consultants Lump Sum Fee for Phase IV Task 5 $ 18,328.00 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 LDC amendments. Task 6 Deliverable; • 20 copies and 1 digital file of the proposed LDC amendments. Consultants Lump Sum Fee for Phase IV Task 6 $ 24,960.00 TASK 7 - PUBLIC HEARINGS 7.1 K &S shall present the final land development code at a one (1) public hearing before the Planning Commission and two (2) public hearings before the Board of County Commissioners for adoption and enactment. Task 7 Deliverables: • Hearing participation; • Presentation materials; and • Comment Response Form documenting comments and direction received from the PC and the BOCC at the public hearings. Consultants Lump Sum Fee for Phase IV Task 7 $ 8,664.00 TOTAL LUMP SUM FEE FOR PHASE IV $ 266,554.00 21 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, September 21, 2012 Note: If further proceedings are necessary (e.g., mediation, litigation), 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 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 Fee for each event shall not exceed $9,960.00 Other Meetings /Hearings as Coordinated by the County: K &S staff (up to 2 persons) attendance at additional meetings /hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting /hearing shall not exceed $3,760.00 TOTAL LUMP SUM FEE ................... ..............................$ 1,128,108.00 22 h!y F% g a3 8. i ! Ra$�'$g 1 Y Spm Irvii A N W �} O 6.iio nfi f'la M1 c3 i .99 4 i 5 gig4 CIC . =a " e a a ° * v of T wk E'a. V i z '' e 3 I ,E ti 3F sz { 3 1 il , 4 . V I. ; 2-, is Ali ¢ • 1= I : 1 Ir I U III ! 4 i -5 I i.. 1: 3x if 1 s., 1}. I !:: .16 .- li I I 1 1 !I 13 r •= 1 .:t , i',.i.:: z IM r (s.,,' 1 I yi UT t- 1 ;0 1 1' a, 2 a' • A ;� I_ 1 E A -Y I , 1 #4 1' 1= I I ' I 1 I! I . A f K 13. 1 !, 1 ^F 1 1 1'_ ; 1 _ 1 1= I I ;F r 1 1! 1 J /` 1 1 1 1 1 1 _ I I . j 1. 1 • . , I 3a 3 A 1. !Ii. X m X = 3 • 1 a O co 3 ti 1 f D s; Q s co s I CO a ND • N • ,.�` KEITAND-01 DGARCIA A‘C®R ' DATE(MMroorrYYY) �, CERTIFICATE OF LIABILITY INSURANCE 9/4/2012 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 I CONh1TACTE: NA Ames&Gough PHONE FAX 8300 Greensboro Drive Arc.No,Eat):(703)827-2277 (AIC,No):(703)827-2279 Suite 980 ADDR ADDRESS: McLean,VA 22102 • INSURER(S)AFFORDING COVERAGE NAIL B • I INSURER A:Travelers indemnity Company of Connecticut 125682 INSURED I INSURER B:Phoenix insurance Company 125623 Keith and Schnars,P.A. INSURER C:Hanover Insurance Company 122292 6500 North Andrews Avenue INSURER o:Travelers Casualty and Surety Company 19038 Ft.Lauderdale,FL 33309.2132 INSURER E:Continental Casualty Company(CNA) 20443 INSURER F: 1 • COVERAGES CERTIFICATE NUMBER: 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 I 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 IADSRSYBOR POLICY NUMBER I(MMIDD�YY) (MNMDDIYY YYY) lSR TYPE OF INSURANCE LIMITS GENERAL LIABILITY • EACH OCCURRENCE ($ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 6601C229558 BM4/2012 8/14/2013 DomREMISE^ �€TS(Ea ORENoccTEOurrence) $ 1,000,000 P CLAIMS-MADE. X I OCCUR AP 1 RISK M G MED EXP(Any one person) $ 10,000• BY PERSONAL&AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: WAI A $ I PRODUCTS-COMP/OP AGG I$ 2,000,000 POLICY 17C jE�T _X LOC i$ I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I •(Ea accident) $ 1,000,000 B X ANY AUTO (---; 8101175R478 8/14/2012 8/14/2013 BODILYINJURY(Per person) $ 1 ALL OWNED k 'SCHEDULED i t AUTOS E I BODILY INJURY(Per accident) $ I X HIRED SAUTOS (NON-OWNED PROPERTY DAMAGE $ AUTOS i (Per accident) 1 I $ X UMBRELLA UAB I X OCCUR EACH OCCURRENCE I$ 5,000,000 _ C EXCESS LIAB 1• CLAIMS-MADE UHR964402100 8/14/2012 8/14/2013 I AGGREGATE i$ 5,000,000 • DED I RETENTIONS _ $ • WORKERS COMPENSATION X WC STATU• OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER_ D ANY PROPRIETOR/PARTNER/EXECUTIVE I 1 N!A UB3943T893 8/14/2012 8/1412013 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 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