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j�,,';; .{ -5 jI CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
DATE: March 11, 2014
TO: Christine Hurley, Director of
Growth Management
ATTN: Mayra Tezanos
Executive Assistant
FROM: Vitia Fernandez, D.C..
At the February 19, 2014, Board of County Commissioner's meeting the Board granted approval and authorized
execution of the following Items:
Item H5 Ninth (9th) Amendment to the agreement for professional services with Keith and Schnars(K&S),P.A.,to
reorganize the remaining tasks and schedule of the project to reduce the potential for conflicts between the Comprehensive
Plan (CP) and the. Land Development Code (LDC) by minimizing the time period between the adoption of the CP
Amendments (Phase III) and the adoption of revisions to the LDC (Phase IV), to provide for additional public input on the
draft LDC by adding additional public hearings,which increases compensation by$12,151.00.
Item H7 Inter-Local Agreement with the City of Marathon to allow the City to utilize the services of the County's
Contractors Examining Board(CEB)to provide contractor licensing and disciplinary functions. _
Item I2 Discussion of the Tenth (10th) Amendment to the agreement for professional services with Keith and
Schnars (K&S), P.A., for additional services on the Naval Air Station Environmental Impact Study, to collect noise data to
establish a noise baseline as recommended by the EIS Committee (EIS Committee Resolution 001-2013) and as directed by
the BOCC on August 21, 2013 (agenda item J3), and additional funds to address work already completed by K&S in
preparing for and completing meetings in Washington,D.C.,and increasing compensation by$40,506.00.
Item I8 Release of an Affordable Housing Deed Restriction recorded in the Monroe County Public Records
Document#1523764,Book 2125,Page 827 on June 21,2005,at the request of TD Group Retail,LLC.
Enclosed is the original of the above-mentioned for your handling. Please send the recorded original to the Clerk's office for
our records. Should you have any questions,please feel free to contact our office.
Air
cc: County Attorney(Items H5, 12&18 w/o documents) ' scANNED
Finance
File 6041 j4-Ik--
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
NINTH AMENDMENT
to
CONTRACT FOR PROFESSIONAL SERVICES
with
KEITH AND SCHNARS, P.A.
This Ninth 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 19th day of February, 2014.
WITNESSETH:
WHEREAS, Consultant was retained to update the County's Comprehensive
Plan Technical Document (Phase 1), 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 4
deliverables, in order to provide additional deliverables for BOCC meetings which will
incorporate the direction received from the LPA during Phase III and BOCC direction
from review meetings; and
WHEREAS, the County and Consultant desire to clarify Phase III, Task 5
deliverables; and
WHEREAS, the County and Consultant desire to eliminate Phase IV, Task 2.3
and 2.4 (meetings to discuss the Recommendations and Revisions Report); and
WHEREAS, for Phase IV, both County and Consultant see the need for
additional meetings for the Planning Commission (PC) and Board of County
Commissioners (BOCC) to review and discuss the draft Land Development Code
amendments, and to amend the Task 5 deliverables accordingly to provide additional
Page 1
Amendment #9 February 19, 2014
copies of the proposed land development code amendments for review by the PC and
BOCC; and
WHEREAS, the County and Consultant desire to eliminate one meeting from
Phase IV, Task 7 (Phase IV, Task 5 includes the PC public hearing that is being
eliminated in Task 7); and
WHEREAS, these amendments result in additional fees of $6,325.00 for Phase
III and additional fees for Phase IV of $5,826.00; for a total increase of $12,151.00; and
WHEREAS, the above noted changes are being incorporated into the revised
Exhibit A Scope of Services and Exhibit B (attached).
NOW, THEREFORE, the parties agree that:
Section 1. Exhibit A Scope of Services for Phase III and IV shall be amended as
shown (attached) and summarized as follows:
1. Phase III, Task 4 compensation has increased by Five Thousand and Fifty
Dollars ($5,050.00) for the additional hard copies and digital copies of draft
comprehensive plan amendments to receive additional deliverables which
incorporate the public comments and BOCC direction. Consultant's Lump Sum
Fee for Phase III, Task 4 shall be Thirty-seven Thousand, Sixty-five Dollars
($37,065.00).
2. Phase III, Task 5 compensation has increased by One Thousand Two Hundred
and Seventy-five Dollars ($1,275.00) for the additional hard copies and digital
copies of comprehensive plan amendments. Consultant's Lump Sum Fee for
Phase III, Task 5 shall be Forty Thousand, Eight Hundred and Thirty Dollars
($40,830.00).
3. The Total Lump Sum Fee for Phase III has increased by Six Thousand Three
Hundred and Twenty-five Dollars ($6,325.00) for a total of Two Hundred, Twenty-
eight Thousand, One Hundred and Four Dollars ($228,104.00)
4. Phase IV, Task 2 compensation shall be reduced by Eleven Thousand, Three
Hundred and Fourteen Dollars ($11,314.00) due to the shifting and conversion of
meetings. Consultant's Lump Sum Fee for Task 2 shall be Forty Thousand, Nine
Hundred and Ninety Dollars ($40,990.00).
5. Phase IV, Task 5 compensation shall be increased by Twenty-one Thousand,
Four Hundred, and Seventy-two Dollars ($21,472.00) for additional meetings
added and deliverables. Consultant's Lump Sum Fee for Task 5 shall be Thirty-
nine Thousand, Eight Hundred Dollars ($39,800.00).
Page 2
Amendment #9 February 19, 2014
6. Phase IV, Task 7 compensation shall be decreased by Four Thousand, Three
Hundred and Thirty-two Dollars ($4,332.00) to eliminate a meeting that has been
shifted to Task 5. Consultant's Lump Sum Fee for Task 7 shall be Four
Thousand, Three Hundred and Thirty-two Dollars ($4,332.00).
7. The Total Lump Sum Fee for Phase IV has increased by Five Thousand, Eight
Hundred and Twenty-six Dollars ($5,826.00) for a total of Two Hundred, Seventy-
two Thousand, Three Hundred and Eighty Dollars ($272,380.00)
8. All 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 (attached).
IN WITNESS WHEREOF, the parties have executed this Ninth Amendment.
Witness
Witness
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Sylvia Murphy
KEITH AND SCHNARS, P.A.
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01
Michael L. Davis, Vice President
Date
MONR COUNTY ATTORNEY d
P VED AS TO FORM
Date:
Amendment #9 February 19, 2014
Page 3
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9th Amendment, February 19, 2014
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
,,vill 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.
9thAmendment, February 19, 2014
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 1, 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.
9t Amendment, February 19, 2014
• General public/stakeholder outreach event; and
• Monthly progress reports.
Consultants Lump Sum Fee for Phase I Task 2................................................$ 6.5,560.00
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.
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9th Amendment, February 19, 2014
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.
9thAmendment, February 19, 2014
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 ............ 33,760.00
5
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9thAmendment, February 19, 2014
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 Ivey 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.
L3. For the duration of Phase li, 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.
I.A. 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
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;
T
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9th Amendment, February 19, 2014
• 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).
;'asks 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.
9th Amendment, February 19, 2014
Consultants Lump Sum Fee for Phase 11 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
k.l The K&S Team will conduct one (1) presentation to the Planning Commission
to obtain feedback on the report generated during'rask 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
e purpose of this Task is to develop and prepare, in coordination with Cou
Thnty
staff, an EAR an evaluation and appraisal of the 2010 Monroe County
omprehensive Plan).
8
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9th Amendment, February 19, 2014
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 2°d 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
rind 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.
9thAmendment, February 19, 2014
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
• l 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.
9thAmendment, February 19, 2014
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
Lind/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 maximurn 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 (it 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.
9th Amendment, February 19, 2014
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 ($96,000.00) and
are not included in the Lump Sum Phase II total.
The hourly fees include Consultant's expenses and reimbursables other than
the deliverables (materials) stated above. Travel outside of the state of
Florida shall be reimbursed according to County policy and ordinance
governing travel.
TOTAL LUMP SUM FEE FOR PHASE 11............................................$ 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 eventshall 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 ............ $3,760.00
12
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9thAmendment, February 19, 2014
PHASE III -COMPREHENSIVE PLAN
AMENDMENTS/COMPREHENSIVE PLAN 2010-2030
TASK 1- PHASE III KICKOFF
1.1 K&S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase III.
1.2 K&S will update the Public Involvement Plan (PIP)
Task 1 Deliverables:
• Meeting agendas;
• Meeting participation;
• Written meeting summary; and
• Updated PIP.
Consultants Lump Sum Fee for Phase 111 Task 1.............................................$ 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.
9thAmendment, February 19, 2014
• Information data base, updated throughout Phase 3;
• General public/stakeholder outreach events; and
• Updated project website.
Consultants Lump Sum Fee for Phase III 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.
9th Amendment, February 19, 2014
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 11l 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, US 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 US 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.
• 45 paper copies as follows:
0 17 for the review meetings and 1 digital copy of the proposed
Comprehensive Plan Amendments in strikethrough and underlined
format
0 18 for the transmittal meeting and 10 for distribution to agencies
identified under Ch. 163, F.S., copies and 20 digital copies on a CD ROM
in PDF format 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
15
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9thAmendment, February 19, 2014
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............................................... $ 37,065.00
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
• 30 paper copies (10for distribution to agencies identified under Ch. 163,
F.S., and 20 copies for Monroe County use) and 20 digital copies on a CD
ROM in PDF format of the final Comprehensive Plan Amendments, in
strikethrough and underline format, for adoption and enactment.
• 1 digital file and 25 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 Ill Task 5...............................................$40,830.00
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
16
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9thAmendment, February 19, 2014
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.
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.................................................$228,104.00
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 ............ $3,760.00
17
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9th Amendment, February 19, 2014
PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING
AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE
COMPREHENSIVE PLAN
TASK 1- PHASE IV KICKOFF
1.1 K&S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase IV.
1.2 K&S will update the Public Involvement Plan (PIP).
Task 1 Deliverables:
• Meeting agendas;
• Written meeting summary; and
• Updated PIP
Consultants Lump Sum Fee for Phase IV Task 1...........................................$ 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 fifteen (15) hard copies and one (1)
digital file of the final R&R Report.
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.
Task 2 Deliverable:
• Meetings agendas, as necessary;
• Meetings participation;
• Presentation materials;
• Comment Response Form documenting comments and direction received
from County staff, and
18
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9thAmendment, February 19, 2014
• Recommendations and Revisions Analysis Report (15 copies and 2
electronic files).
Consultants Lump Sum Fee for Phase IV Task 2...............................................$40,990.00
TASK 3 - MEETINGS AND PUBLIC INVOLVEMENT
3.1 For the duration of Phase IV, K&S will participate in up to two (2) meetings
per month (for up to a total of 14 meetings), either in person or via
telephone, with County staff to discuss the status of the project and to solicit
comments and feedback. This subtask is an ongoing activity and is not
subject to the retainage clause in Section 4.2 of the Contract for Professional
Services between the County and K&S.
3.2 K&S will participate in one (1) general public outreach event/program
during Phase IV.
3.3 K&S will update the project website monthly, at a minimum. Progress
reports shall include details of website updates completed every month. This
subtask is an ongoing activity and is not subject to the retainage clause in
Section 4.2 of the Contract for Professional Services between the County and
K&S.
Task 3 Deliverables:
• Meeting agendas;
• Written meeting summaries;
• Monthly progress reports;
• General public outreach event; and
• Project website update.
Consultants Lump Sum Fee for Phase IV Task 3............................................$ 56,871.00
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. As
directed, the codes shall be reorganized to unify the various requirements
and consolidate subject matter into a user-friendly, simple to administer and
19
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9thAmendment, February 19, 2014
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 for the DRC
meetings.
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 four (4) public hearings (the fourth public
hearing shall be the LPA hearing to provide a recommendation to the BOCC)
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 based on comments and direction received in task SA
(LPA recommendations) -at three (3) public hearings of the Board of County
Commissioners; 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.
20
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9th Amendment, February 19, 2014
Task 5 Deliverables:
• Meeting agendas, as necessary;
• Presentation materials;
• 20 copies and 1 digital file of the proposed LDC amendments for PC
hearings;
• 20 copies and 1 digital file of the proposed LDC amendments for PC (LPA)
hearing;
• 20 copies and 1 digital file of the proposed LDC amendments, incorporating
direction received at the Planning Commission hearings during Task 5.1 for
BOCC public hearings; and
• Comment Response Form documenting the comments received during the
PC and BOCC presentations.
Consultants Lump Sum Fee for Phase -IV Task 5.............................................$39,800.00
TASK 6 - FINAL DRAFT ORDINANCES
6.1 Based on the comments provided in Task 5, K&S will prepare a final draft of
the proposed LDC amendments.
Task 6 Deliverable:
• 20 copies and 1 digital file of the proposed LDC amendments.
Consultants Lump Sum Fee for Phase IV Task 6...........................................$ 24,960.00
TASK 7 - PUBLIC HEARINGS
7.1 K&S shall present the final land development code one (1) public hearing
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 BOCC at the public hearing.
Consultants Lump Sum Fee for Phase IV Task 7...................................................$4,332.00
TOTAL LUMP SUM FEE FOR PHASE IV....................................................$272,380.00
21
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
9thAmendment, February 19, 2014
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........................................................................$1,140,259.00
22
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