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#3rd Amendment 05/18/2011DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 13, 2011 TO: Christine Hurley, Director Growth Management Division ATTN. Mayra Tezanos Executive Assistant FROM. Pamela G. Han oc . C. At the May 18, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item HI Third Amendment to the Agreement for Professional Services with Keith and Schnars (K & S), P.A., for additional services concerning the Naval Air Station Environmental Impact Study or other studies or activities connected with the National Environmental Policy Act at NAS Key West and additional services connected with state requirements for military installation compatibility. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact my office. cc: County Attorney via e-mail Finance File/ THIRD AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES with KEITH AND SCHNARS, P.A. This Third Amendment (Amendment) to the Contract for Professional Services dated December 16, 2009 between Monroe County (County) and Keith and, Schnars, P.A. (Consultant) is made and entered into this 18 day of May, 2011. WITNESSETH: WHEREAS, County desires to increase the scope of services under the existing contract to include services addressing and relating to the Environmental Impact Statement (EIS) being done by the United States Navy (Navy) for Naval Air Station Key West ( NASKW) and activities related to the National Environmental Policy Act (NEPA) ; and WHEREAS, the EIS, NEPA requirements, and subsequent related actions by the Navy may affect the military coordination and military installation compatibility components of the County s Evaluation and Appraisal Report and Comprehensive Plan Amendments or other statutory requirements in the Florida Statutes; NOW, THEREFORE, the parties agree as follows: 1. Exhibit A Scope of Services for Phase II shall be amended by the addition of the following: Task 12 — POLICY AND TECHNICAL SUPPORT ON THE NAS KEY WEST EIS AND RELATED STUDIES AND ACTIVITIES 12.1 K &S shall provide support to the County's Environmental Impact Study Oversight Committee (EIS Committee) and /or for all activities related to NASKW for NEPA issues affecting the County. This includes participation in EIS Committee meetings or other meetings as authorized by County. This support will be provided primarily by K &S Vice President Michael L. Davis. April 29, 2011 Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $295.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.2 K &S shall assist the BOCC, County Administrator and the EIS Committee in the review and preparation of comments in response to the Draft (DEIS) and Final EIS (FEIS) documents published by NASKW. This may include organizing the County's review and comment response team and drafting the official County response to Navy NEPA documents. Consultant shall provide copies of all documents to County. Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.3 K &S may use sub - consultants as appropriate to collect and analyze data from the DEIS and FEIS. Specifically, K &S will utilize a sub - consultant to collect and /or review noise data, including noise monitoring at various County owned locations which may include: Stock Island, Rockland, Big Coppitt, Shark Key, and /or Key Haven, as applicable to the 2007 AICUZ, review of the Navy EIS, and /or EAR. Consultant shall provide a copy(ies) of any data and analysis report from a sub consultant and one electronic copy. Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $235.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.4 K &S as requested by the BOCC or County Administrator shall represent the County with State and Federal agencies in matters relating to the NASKW EIS. Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.5 Work performed under this Task (Task 12) shall not be subject to contract provisions in Section 4.2 and are to be paid monthly with no retainage. 2 April 29, 2011 12.6 The parties acknowledge that this task is not shown on Exhibit B and may exceed the time frame for Phase Il. 12.7 Task 12 fees shall not exceed Fifty Thousand Dollars ($50,000.00) and are not included in the Lump Sum Phase II total. The hourly fees include consultant's expenses and reimbursables other than the deliverables (materials) stated above. Travel outside of the state of Florida shall be reimbursed according to County policy and ordinance governing travel. EREOF, the parties have executed this Third Amendment. F�! a BOARD OF COUNTY COMMISSIONERS HAGE, CLERK OF MONROE 0PUNX, FLORIDA Deputy Clerk Mayor Header qa nthers /__ /_ ., 1 S Witness 1 o rn O O _ April 29, 2011 KEITH AND SCHNARS, P.A. Michael L. Davis, Vice President Q Date MO PPR O p AS TO FORM: S N M. GRIMS ASSIST NT CQUNTY ATTORNEY Daie �. � /� 3