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Item H1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2014 Division: Growth Management Bulk Item: Yes X No _ Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley 289-2517 AGENDA ITEM WORDING: Approval of the Eleventh (II") Amendment to the Agreement for Professional Services with Keith and Schnars P.A., (K&S), with no change to the total contract price, to combine the 9`h Amendment (reorganized the remaining tasks and schedule of the project) and the I0"' Amendment (added a task to collect noise data to establish a noise baseline) in order to clarify the total payments under both amendments. ITEM BACKGROUND: Keith and Schnars (K&S) was retained to update the County's Comprehensive Plan Technical Document; complete an Evaluation and Appraisal Report (EAR) of the Comprehensive Plan (CP); complete Comprehensive Plan text amendments; and complete Land Development Code (LDC) amendments. PREVIOUS RELEVANT BOCC ACTION: December 16, 2009 — BOCC approved contract to update the Monroe County Year 2010 Technical Document, Evaluation and Appraisal Report (EAR), Comprehensive Plan Amendments, and Land Development Code, September 15, 2010 — BOCC approved Amendment No. 1 which amended the work program and deliverable schedule without a change to the total fee of the contract. October 20, 2010 -- BOCC approved Amendment No. 2 amending Master Schedule "B" referencing the work program timeline and deliverable schedule. May 18, 2011 — BOCC approved Amendment No. 3 amending Exhibit "A" Scope of Services for Phase II to include services relating to the Environmental Impact Statement. August 17, 2012 - BOCC approved Amendment No. 4 amending Exhibit "A" Scope of Services and Exhibit `B" to increase compensation $96,183.00, for additional services related to data collection, development of existing conditions to prepare the technical document (primarily existing land use mapping and acreage/density/intensity information), population projection approval by the Department of Community Affairs, and timeline adjustments due to recent statutory amendments to Chapter 163, F.S. (HB 7207). June 20, 2012 — BOCC approved Amendment No. 5 amending Exhibit "A" Scope of Services, for additional services oncerning the Naval Air Station Environmental Impact Study or other studies or activities connected with the National Environmental Policy Act documents published by the Navy that potentially affect the County in relation to state requirements for military installation compatibility and increasing compensation by $46,000.00. June 20, 2012 — BOCC approved Amendment No. 6 amending Exhibit "A" Scope of Services, for additional services identifying any potential deficiencies in the County Comprehensive Plan policies and land development code relative to State regulations on mining operations, including minimum permitting requirements for mines and the minimum legal requirements for remediation and restoration after a mine if officially abandoned and an increase in compensation by $7,500.00. September 21, 2012 -- BOCC approved Amendment No. 7 to reorganize the remaining phases of the contract, without a change to the total fee 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 PIan Amendments (Phase III) and the adoption of revisions to the Land Development Code (Phase IV). February 26, 2013 — BOCC approved Amendment No. 8 for additional services to evaluate the Coastal Barrier Resource System (CBRS) Comprehensive Plan policies to determine whether they add any additional protection to land over and above Comprehensive Plan and Land Development Regulation (LDR) policies that govern the Tier System and an increase in compensation by $40,600.00, February 19, 2014 - BOCC approved Amendment No. 9 to reorganize the remaining tasks and schedule of the contract 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, and an increase in compensation by $12,151.00. February 19, 2014 - BOCC approved Amendment No. 10 for additional services to collect noise data to establish a noise baseline as recommended by the EIS Committee and as directed by the BOCC, and additional funds to address work already completed by K&S in preparing for and completing meetings in Washington, D.C., and an increase in compensation by $40,506.00. CONTRACT/AGREEMENT CHANGES: Adjusting Exhibit B (schedule) to revise and align Phase 3 and Phase 4 tasks and adjusting Exhibit A (scope of services) to combine 9th Amendment (reorganized the remaining tasks and schedule of the project to reduce the potential for conflicts between the Phase 3-Comprehensive Plan and Phase 4-Land Development Code) and 10th Amendment (added a task to Phase 2-collect noise data to establish a noise baseline). No increase to lump sum fees. STAFF RECOMMENDATIONS: Approval TOTAL COST: no additional costs INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: _$1.324,865 (includes amendments 1-100) SOURCE OF FUNDS: 148-51000-530340 REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty 6rA&_ OMB/Purcl&mg _ Risk Management l!= DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keith & Schnars, P.A. Contract # Effective Date: 02/19/2014 Expiration Date: Contract Purpose/Description: Amendment No. 11 to the contract with Keith & Schnars to combine the 9th Amendment (reorganized the remaining tasks and schedule of the project) and the loth Amendment (added a task to collect noise data to establish a noise baseline) in order to clarify the total payments under both amendments. Ninth and Tenth amendments approved on February 19, 2014. No increase to compensation. Contract Manager: Christine Hurley 2517 11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/17/14 Agenda Deadline: 09/02/14 CONTRACT COSTS Total Dollar Value of Contract: $ $1,324,865.00 Current Year Portion: $270,000 Budgeted? Yes❑ No ❑ Account Codes: 148-51000-530340- Grant: $ N/A - - - - County Match: $ N/A - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, & CONTRACT REVIEW etc. Division Director Risk Management' O.M.B./PurcFiasing Changes Date In Needed Yes❑ No[] Yes[:] No� �14 Yes❑ Nob ] Reviewer Date Out / '/a74 County Attorney L` i ref Yes❑ No[3 ti_ �- Comments: vmB norm Keviseti 2i2-/!U1 m[:Y 42 ELEVENTH AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES with KEITH AND SCHNARS, P.A. . This Eleventh 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 17th day of September, 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 11), 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 invoicing issues between the contract phases and for simplicity, the County desires to combine the 9�h contract amendment (reorganized the remaining tasks and schedule of the project to reduce the potential for conflicts between the Phase III - Comprehensive Plan and Phase IV -Land Development Code) and 10th Amendment (added a task to Phase II to collect noise data to establish a noise baseline) into one document because both previous amendments were approved on the same date; and WHEREAS, the consolidation of the two amendments into one document will result in no additional increases to the lump sum fees; and WHEREAS, the County has requested additional public hearings during Phase III of the contract to review proposed amendments as such, contract amendments have previously been required for additional deliverables for the additional hearings; and WHEREAS, the County desires to add to the "optional services" for additional amendment document deliverables, in the event future additional public hearings are required/requested; and WHEREAS, the above noted changes are being incorporated into the revised Exhibit A Scope of Services Amendment#11 September 17, 2014 Page 1 WHEREAS, the Exhibit B, Master Project Schedule, is revised to adjust the schedule based upon the BOCC request to have a transmittal hearing on October 7, 2014, to ensure coordination between the Comprehensive Plan and the Land Development Code processing; and WHEREAS, the modification to the Exhibit B project and deliverable schedule results in no additional increases to the lump sum fees. NOW, THEREFORE, the parties agree that: Section 1. Exhibit A Scope of Services for Phase III and IV shall be amended as shown (attached). Section 2. Exhibit B, Master Project Schedule is amended accordingly (attached). Section 3. This amendment is retroactive to February 19, 2014. IN WITNESS WHEREOF, the parties have executed this Eleventh Amendment. ATTEST: AMY HEAVILIN, CLERK Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia Murphy KEITH AND SCHNARS, P.A. Michael L. Davis, Vice President Date ,0 -NRi0 E ceuNc; Y .A:15Vc RNE"', kPPPOVP As Tf-s FORM,- 1 Sty M. GRJ1M8ue�� ASSISTANT COUNTY ATTORNEY Amendment #11 September 17, 2014 Page 2 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 11th Amendment, September 17, 2014 PHASE I -TECHNICAL DOCUMENT TASK 1 -PROJECT INITIATION 1A 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 flan (PIP) will also he 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. L K&S will develop a database of information or resources, including source and status. t.4 K&S will, in coordination with the County, identify stakeholders and potential candidates for interviews; develop an Intergovernmental Coordination Plan CP) and Public involvement Plan (PIP); and, establish the project website. The PIP will address public participation/input and include a rnedia outreach plan relating to the Comprehensive Plan Update, the Evaluation and :ippraisal Report, the Comprehensive flan 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. 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, doted in Tasks 2.2 and 2.3. Fallowing 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 .!-Ml also iderl�ily the <�ppropriate stages of the process in which they will be eIlgaged 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. 11th Amendment, September 17, 2014 `ask 1 Deliver obles; Meeting agenda; Kickoff meeting between County and K&S; • Detailed Project Schedule; information data base, updated throughout Phase 1; • ICP; PIP; Written meeting summary; and Establish project website. Consultants Lump Sum Feefor Phase l Task 1........................................ $ 72,098,00 T ASK 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 E®CC during Phase 1. 2.3 K&S will provide one briefing of the Planning Commission during Phase 1. '.4 �<&,S will maintain and update the project website monthly, at a rninirnurn. �. IZ&S will conduct one (1) general public/stakeholder outreach event /Iprogram during Phase i. This outreach event shall include a presentation at three locations, to be cletermined ar 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 €ipcorning activities, take feedback and answer questions. 2.6 IK&S will prepare monthly project progress reports. usk 2 Deliverables: • Meeting participation; • Meeting agendas; • Written meeting summaries; • 1Jpdate project website; i� Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 11thAmendment, September 17, 2014 • General public/stakeholder outreach event; and • Monthly progress reports. Consultants Lump Sum Fee for- Phase 1 Task 2............................................ -$ 65,560.00 i'ASK 3 - DRAFT UPDATED DOCUMENT 3.1 K&S will analyze existing conditions to update the Comprehensive Plan components listed below- • Population and dousing; • Community Facilities and Services, including the Public Education and the Public health Systems; • The Capital Improvement Program; • Wastewater, Solid Waste, Storrawater and Potable and Reclaimed Water Services; • Transportation, including forts and Aviation services; • band Use; • Planning Areas and the Areas of County Critical Concern; • Coastal Management and Natural Resources; • Economics and Employment; and • Historic Structures and Sites. �i�e analysis will determine trends that are emerging; die suitability of .aisting land use regulations, relevant growth management laws and rules, OUblic/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. 12 K&S will prepare a Draft Technical Document, updated to the 2010-2030 Planning period, meeting the requirements of 9J-5 1t.A.C., Chapter 163.3177, -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 ievel of :service standards, in five (S) 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. 11th Amendment, September 17, 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&5 will participate in one (1) public presentation with the planning Commission (LIMA) to review the Draft Technical Document. 3.6 K&S will participate in one (1) public presentation with the BOCK 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 (1I"x 17") and one reduced copy (8.5"x11") of each reap, and • Ail text, tables, charts, and maps provided in digital format. Mapping shall be prepared in a format compatible with the Cou.nty's IS. 1 rns�rlLcrnts Li�rrrp Sum ror Task 3............................. ... Z-14,7.30.00 TASK 4 - FINAL TECHNICAL DOCUMENT 4A 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 hie Evaluation and Appraisal Report (EAR) and the future Comprehensive Plan update. -` , % Prior to the presentation of the Final Technical Document to the BOCC iI Task 4.3 below, K S will submit the material to the DCA for a Courtesy Review. n Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 11thAmendment, September 17, 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; 0 Written documentation of Commission direction items; 0 DCA Courtesy Review; •, Final Technical Document Update (20 copies with 1 electronic file); • One full size (11"x 17") and one reduced copy 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 1.............................................. $ 392,840.00 Optional Services (not iinclud(�d in total) Additional Public Outreach `vents: K&S staff will utilize the Mobile Information :station (MIS) for additional events, at locations as selected by the County, to obtain d�4edback, encourage public participation and answer stakeholder questions. oasultant's Lump Sum Fee for each event shall not exceed ..—S9,960,00 Other flleeringslHearings as Coordin€zted by the County: K&S staff (up to 2 persons) attendance at additional meetings/hearings before the Planning Commission [LPA) ,- r BOCC for all tasks included in this Phase. t;'onsultcant's Lump .sum Fee each meeting/hearing shall not exceed S3,760.00 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 11thAmendment, September 17, 2014 PHASE li - 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 ll, 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 Feetings 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. 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.S. K&S will update the project wet)site monthly, at a minimum. Progress .-eports 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 tk&S. Tasks 1 Deliverables., • ivleeting participation; • ikleeting agendas, Written meeting summaries; + Information data base, updated throughout Prase 2; • (Jpdated project website; • Public involvement materials such as comment sheets and handouts .,u lining the Enid process; 6 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 1 1thAmendment, September 17, 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 I [ Task I.................................-S 145, 735, 00 TASK Z- INTERAGENCY SCGPING 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 daring 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 ether agencies identified by County staff. Z.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 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 -eview and consideration. 2.3 After County approval, the compilation report will be provided to DCA in order .o receive a Letter of Understanding. Any and/or all of the issues identified in this task will be addressed in the FAR document (see Task 5). Tasks 2 Deliverables: • tvieeting participation; • Meeting agendas; • Written meeting summaries; • Presentation materials for workshops (e.g. PowerPoint presentation, mounted aerials); • An issue Compilation Report, composed of: a Scope or Work that outlines d e identified major issues, and the manner in which these issues and the other EAR statutory requirements, wili be addressed; • Are issues matrix providing further details on the identified major issues; • Monthly progress retorts. 7 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 11thAmendment, September 17, 2014 Consultants Lump Brawl Feefor Phase 11 Task 2..... .............................. .... $ 14,260, 00 TASK 3 - REVIEW AND EVALUATION OF THE COMPREHENSIVE PLAN 3A 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 C,ounty's goals, objectives and policies and identify goals, objectives and policies with old dates or out dated tasks. Tosk 3 Deliverable. • A report summarizing, in tables and text, progress in achieving the Comprehensive Flans objectives since the date of the last BAR 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 Pee for Phase 11 Task 3..................... .................. $ 17,560.00 TASK 4- PUBLIC MEETINGS 1 Tlie ICES Team will conduct one (1) presentation to the Planning Commission to obtain feedback on the report generated daring Task 3. .2 'lie IK&S Team {gill conduct one (1] presentation to the BOCC. This presentation will provide the BOCC with a "report card" of the omprehensive Plan. Task 4 Deliverable: • Meeting agendas, if necessary; • Meeting participation; and • Written documentation of Commission and BOCC direction. amisultunts Lump Suez F'ee or 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 Count v Comprehensive Plan). 8 Monroe County Comprehensive Plan Update SCOPE OF SERVICES -- EXHIBIT A Monroe County and Keith and Schnars, P.A. 111hAmendment, September 17, 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 S. 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 l:aw, in particular HS 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 131- 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 30CC on the EAR for -.he 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. asks 1 through 5.3 will result in the development of the EAR. 'Phis draft will e stebmitted electronically to the County for preliminary staff review. Anv comments or suggestions received from the scoping meeting, the public meetings, the Planning Commission and BOCC meetings noted in 'Tasks 5.4 �mid 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 planting agency and appropriate agencies, as data and analysis when transmitting proposed comprehensive plan amendments. Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 11thAmendment, September 17, 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 ,hum Fee for Phase 11 Tusk5 .....................................$ 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 Deliverobles: Meeting and bearing agenda coordination; • Presentation materials; • Meeting participation; and • 1 electronic copy of the EAR and 20 bard copies of the Final FAR for the I�10CC adoption hearing in Task 6.1. f.onsuttants Lump Sum Fee far Phase II Task6............................. ........ ..........y 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. 111h Amendment, September 17, 2014 Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.2 US 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 As shown on Exhibit A for Task 12.3, K&S as requested by the BOCC may use sub -consultants as appropriate to collect noise data from three measurement locations in unincorporated Monroe County in which each location would be measured for six 24-hour periods and provide a noise report identifying the amount of noise that the current NASKW jets are producing, along with calculation tables and a detailed methodology.. 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 Military Installation Area of Impact (MIAI), 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 and sub - consultants, as appropriate, shall participate in up to three teleconferences (6 hours total) with the County to explain noise sampling methodology and findings. 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. Consultant's Fee for this Subtask shall not exceed a total of Thirty Three Thousand Five Hundred and Six Dollars ($33,506.00). Additional/Other Monitoring Days of noise monitoring (as directed by the BOCC): Consultant's Lump Sum Fee for each additional day shall not exceed $3, 000.00/day. 11 Monroe County Comprehensive Plan Update SCOPE OF SERVICES -- EXHIBIT A Monroe County and Keith and Schnars, P.A. 1 11hAmendment, September 17, 2014 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. Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.S 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. 12.6 The parties acknowledge that this task is not shown on Exhibit B and will exceed the time frame for Phase 11. Task 12 fees shall not exceed One Hundred and Thirty Six Thousand Five Hundred and Six Dollars ($136,506.00) and are not included in the Lump Sum Phase It total. This amount is retroactive to October 1, 2013. The hourly fees include Consultant's expenses and reimbursables other than the deliverables (materials) stated above. Travel outside of the state of Florida shall be reimbursed according to County policy and ordinance governing travel. TOTAL LUMP SUM FEE FOR PHASE II ............................................$ 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. 1 1thAmendment, September 17, 2014 PHASE III -COMPREHENSIVE PLAN AMENDMENTS/COMPREHENSIVE PLAN 2010-2030 TASK 1 - PHASE III KICKOFF 1.1 K&S wilI meet with the project managers from the County to review work tasks and project schedule, and establish expectations of Phase I11. 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 III 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. 11th Amendment, September 17, 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. 11thAmendment, September 17, 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 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. • 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. 1 1thAmendment, September 17, 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 (10 for 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 III 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. 1 1thAmendment, September 17, 2014 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. Consultants 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 SOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting/hearing shall not exceed ..................$3,760.00 Additional amendment document deliverables: 15 complete paper copies and 1 digital copy on a CD ROM in PDF format of Comprehensive Plan amendments in underline-strikethrough format. Consultant's Lump Sum Fee shall not exceed.........................................................$3,000.00 15 complete paper copies and 1 digital copy on a CD ROM in PDF format of Comprehensive Plan amendments in final, clean format. Consultants Lump Sum Fee shall not exceed..................................................................$2,400.00 17 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 1 1thAmendment, September 17, 2014 PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN TASK 1 - PHASE IV KICKOFF 1.1 K&S will meet with the project managers from the County to review work tasks and project schedule, and establish expectations of Phase IV. 1.2 K&S will update the Public Involvement Plan (PIP) Task 1 Deliverables: • Meeting agendas; • Written meeting summary; and • Updated PIP Consultants Lump Sum Fee for Phase IV Task 1...........................................$ 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 Iaw. 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. 1 11hAmendment, September 17, 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 enforce, land development code that will implement the adopted 19 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 11th Amendment, September 17, 2014 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 5.1 (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. 1 1thAmendment, September 17, 2014 Task S 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 (11 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. 11th Amendment, September 17, 2014 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 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 Additional amendment document deliverables: 15 complete paper copies and 1 digital copy on a CD ROM in PDF format of Comprehensive Plan amendments in underline-strikethrough format. Consultant's Lump Sum Fee shall not exceed...........................................................$3,073.00 15 complete paper copies and 1 digital copy on a CD ROM in PDF format of Comprehensive Plan amendments in final, clean format. Consultant's Lump Sum Fee shall not exceed.....................................................................$2,593.00 22 Exhibit B, Master PmIect Schedule, W—County Comprehensive Pin Updete ® - —__-----®---------�_m-