#4th Amendment 08/17/2011DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 29, 2011
TO: Christine Hurley, Director
Growth Management Division
ATTN. Mayra Tezanos
Executive Assistant
l�'rL
FROM: Isabel C. DeSantis, D.C.
At the August 17, 2011, Board of County Commissioner's meeting the Board approved
the following:
Item I3 Fourth Amendment to the Agreement for professional services with Keith
and Schnars, P.A., increasing compensation $96,183.00, for increased 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).
Enclosed is a fully executed duplicate original of the subject document for your handling..
Should you have any questions, please do not hesitate to contact our office.
cc: County Attorney
Finance
File
FOURTH AMENDMENT
to
CONTRACT FOR PROFESSIONAL SERVICES
with
KEITH AND SCHNARS, P.A.
This Fourth Amendment (Amendment) to the Contract for Professional Services dated
December 16, 2009 between Monr
pe County County) and Keith and Schnars, P.A. (Consultant)
is made and entered into this / day of , 2011.
WTTNESSETH:
WHEREAS, Consultant was retained to update the County's Comprehensive Plan Technical
Document (Phase I), complete an Evaluation and Appraisal Report (EAR) of the Comprehensive
Plan (Phase II), complete Comprehensive Plan Text Amendments (Phase III) and Land
Development Code amendments (Phase IV) over a four year period; and
WHEREAS, both County and Consultant underestimated the difficulty of establishing existing
conditions and the hours required and resources needed by both parties to complete Task 1 of
Phase I, including data collection and database resource development (Subtasks 1.2 and 1.3); and
WHEREAS, both County and Consultant did not realize the complexity and difficulty of the
analysis of the data, the difficulty of retrieval of records, the development of existing land use
data, and the development of population projections due to coordination with the Florida
Department of Community Affairs, all affecting the preparation of the Draft Technical
Document (Subtasks 3.1 and 3.2); and
WHEREAS, changes to one part of the Technical Document at any one point in time cascaded
to require re- drafting of other portions of the Technical Document resulting in many more hours
of re- analysis and re- drafting and re- review by both County and Consultant;
WHEREAS, during negotiations, County and Consultant based the original fee for Task 1 on
assumptions of availability of databases and information that were inaccurate;
WHEREAS, the project schedule established a certain timeframe for completion of the
Technical Document for Phase I; however, due to the issues noted above, the completed schedule
has been extended beyond the original the timeframe, thus impacting the completion dates for
the remaining phases of the project;
Amendment S4 August 17, 2011 Page 1
WHEREAS, adjustments to the number of monthly meetings and website updates in Phase II,
Phase III and Phase IV are required in order to accommodate the extended time, noted above;
WHEREAS, recent legislative changes made to Sections 163.3191 & 163.3184, F.S., have
impacted the process for preparing the Evaluation and Appraisal Report (EAR - Phase II) and the
Comprehensive Plan Amendments (Phase III), including the number of copies to be distributed
for external review;
WHEREAS, both County and Consultant sees the need for additional meetings for the Planning
Commission and the BOCC to review and discuss the EAR;
WHEREAS, after substantial completion of Phase I and II of the contract, House Bill 7207 was
passed by the Florida Legislature, revising the process and deadline for the evaluation of
comprehensive plans to determine if plan amendments are necessary to reflect changes in state
requirements;
WHEREAS, the Department of Community Affairs has notified the County that the County's
EAR. (Phase II) will no longer satisfy the requirements Section 163.319, F.S., if submitted prior
to the new deadline of May 1, 2014;
WHEREAS, the EAR is essential to evaluate and analyze the comprehensive plan as well as
identify major issues and policy alternatives for potential comprehensive plan amendments;
WHEREAS, adjustments to the contract schedule are essential in order to address the recent
statutory changes;
WHEREAS, the monthly meetings and the monthly website updates identified in each Phase of
the project are ongoing activities throughout the life of the project; and
NOW, THEREFORE, the parties agree that:
Section 1. The Scope of Work and lump sum compensation listed on Exhibit A of the contract
shall be amended as follows:
Phase I
• Phase I, Task 1 compensation shall be increased by Twenty Thousand Dollars
($20,000.00). Consultant's Lump Sum Fee shall be Seventy -two Thousand Ninety
Dollars ($72,090.00)
• Amendment due to the difficulty of establishing existing conditions and the hours
required and resources needed by both parties to complete this Task.
Amendment #4 August 17, 2011 Page 2
• Phase 1, Task 3 compensation shall be increased by Forty Thousand Dollars
($40,000.00). Consultant's Lump Sum Fee shall be Two Hundred Fourteen Thousand
Seven Hundred Thirty Dollars ($214,730.00).
• Amendment due to the complexity and difficulty of the analysis of the data, the
difficulty of retrieval of records, the development of existing land use data, and
the development of population projections.
• The Total Lump Sum Fee for Phase I is Three Hundred Ninety -two Thousand Eight
Hundred Forty Dollars ($392,840.00).
Phase II
• Phase II, Task 1 compensation shall be increased by Nineteen Thousand, Two Hundred
and Twenty -five Dollars ($19,225.00). Consultant's Lump Sum Fee for Task 1 shall be
One Hundred Forty -five Thousand, Seven Hundred and Thirty -five Dollars
($145,735.00).
• Amendment due to time extension and the addition of staff meetings to complete
the EAR.
• Phase II, Task 5 compensation shall be decreased by Two Thousand, Forty Dollars
($2,040.00). Consultant's Lump Sum Fee for Task 5 shall be Forty -Seven Thousand,
Four Hundred and Sixty Dollars ($47,460.00).
• Amendment due to the remove of tasks to be completed in the EAR which are no
longer statutorily required.
• Phase II, Task 6 compensation shall be increased by One Thousand, Eight Hundred
Dollars ($1,800.00). Consultant's Lump Sum Fee for Task 6 shall be Five Thousand,
Four Hundred Dollars ($5,400.00).
• Amendment due to the addition of a BOCC meeting to review the EAR.
• Phase II, Task 7 compensation shall be decreased by Two Thousand, Forty Dollars
($2,040.00). Consultant's Lump Sum Fee for Task 7 shall be zero Dollars ($0.00).
• Amendment due to the revision of Section 163.3191, F.S., deleting the
requirement to transmit an EAR to the Department of Community Affairs for a
sufficiency determination.
• Phase II, Tasks 8 through 11 have been deleted.
• Phase II, Tasks 8 through 11 were optional tasks and the associated fees were not
included in the Lump Sum Fee of Phase II.
• The Total Lump Sum Fee for Phase II is Two Hundred Forty -six Thousand, Nine
Hundred and Thirty -five Dollars ($246,935).
Amendment #4 August 17, 2011 Page 3
Phase III
• Phase III, Task 2 compensation shall be increased by Twenty -one Thousand, Five
Hundred Thirty-seven Dollars ($21,537.00). Consultant's Lump Sum Fee for Task 2 shall
be Eighty -eight Thousand, Nine Hundred Sixty -seven Dollars ($88, 967.00).
• Amendment due to the revisions of Section 163.3191, F.S., changing the County's
deadline to complete an evaluation and appraisal of the comprehensive plan and
the time extensions to complete these analyses.
• Phase III, Task 3 compensation shall be decreased by Six Thousand, Eight Hundred Eight
Dollars ($6,808.00). Consultant's Lump Sum Fee for Task 3 shall be Fifty -seven
Thousand, Sixty -two Dollars ($57,062.00).
• Amendment due to the deletion of meetings.
• Phase III, Task 4 compensation shall be increased by Seven Hundred Ninety -five Dollars
($795.00). Consultant's Lump Sum Fee for Task 4 shall be Thirty Thousand, Six
Hundred Fifteen Dollars ($30,615.00).
• Amendment due to additional copies of documents due to revisions of Section
163.3184, F.S.
• Phase III, Task 5 compensation shall be increased by One Thousand, Four Hundred
Twenty -five Dollars ($1,425.00). Consultant's Lump Sum Fee for Task 5 shall be Thirty-
Nine Thousand, Five Hundred and Fifty-five Dollars ($39,555.00).
• Amendment due to additional copies of documents due to revisions of Section
163.3184, F.S.
• The Total Lump Sum Fee for Phase III is Two Hundred Twenty -one Thousand, Seven
Hundred Seventy -nine Dollars ($221,779.00).
Phase IV
• Phase IV, Task 3 compensation shall be increased by Two Thousand, Two Hundred and
Eighty -five Dollars ($2,289.00). Consultant's Lump Sum Fee for Task 3 shall be
Seventy -eight Thousand, Three Hundred and Eighty -nine Dollars ($78,389.00).
• Amendment due to adjustments to the contract schedule due to statutory revisions
and the addition of staff meetings.
• The Total Lump Sum Fee for Phase IV is Two Hundred, Sixty -six Thousand, Five
Hundred and Fifty -four Dollars ($ 266,554.00).
Total
• The Total Lump Sum Fee compensation shall be increased by Ninety -six Thousand, One
Hundred and Eighty -three Dollars ($96,183.00). The Total Lump Sum Fee due for the
services performed under the contract as listed is One Million, One Hundred Twenty -
eight Thousand, One Hundred and Eight Dollars ($1,128,108.00).
Section 2. The revised contract schedule is provided in Exhibit B (attached) of the contract.
Amendment #4 August 17, 2011 Page 4
Section 3. The monthly meetings and monthly website updates for each Phase of the project are
not subject to the retainage requirements of Section 4.2 of the Professional Services Contract
between Monroe County and the Consultant.
Section 4. All other conditions of the contract entered into by the parties remain in full force and
effect.
IN WITNESS:"REOF, the parties have executed this Fourth Amendment.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DANNY L: KOLAAGE, CLERK OF MONROE OUNTY, FLORIDA
Deputy Clerk Mayor He/her t ap6thers - 1 7 I
KEITH AND SCHNARS, P.A.
Witness Michael L. Davis, Vice President
/" - t� • W/J - ,a
Witness Date V r
MO E COUNTY ATTORNEY
PPROVED AST FORM
Date:
Amendment #4 August 17, 2011 Page 5
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MO E COUNTY ATTORNEY
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Amendment #4 August 17, 2011 Page 5
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
PHASE I - TECHNICAL DOCUMENT
TASK 1 - PROJECT INITIATION
1.1 K &S Team will meet with the project managers from the County to review
work tasks and the project schedule, establish reporting relationships and
review expectations of the project. The development of the Public
Involvement Plan (PIP) will also be discussed at this meeting, including: key
issues, audiences, communication materials, communication venues, and the
County /K &S roles, including how comments will be managed; and the key
messages that need to be communicated in all communication materials.
1.2 K &S will initiate data collection, including a data gap analysis. County staff
will work with K &S to identify and gather the necessary data.
1.3 K &S will develop a database of information or resources, including source
and status.
1.4 K &S will, in coordination with the County, identify stakeholders and potential
candidates for interviews; develop an Intergovernmental Coordination Plan
(ICP) and Public Involvement Plan (PIP); and, establish the project website.
The PIP will address public participation /input and include a media outreach
plan relating to the Comprehensive Plan Update, the Evaluation and
Appraisal Report, the Comprehensive Plan Amendments; and the
development of the revised Land Development Code.
Based on the meeting in Task 1.1 above, K &S will prepare strategies for
identified audiences and phases.
A draft public participation plan will be prepared for County review. K &S will
support the County staff to present the public participation plan at the
Planning Commission and the BOCC briefings, noted in Tasks 2.2 and 2.3.
Following County review, and teleconference coordination as needed, a final
public involvement plan will be prepared.
The ICP will identify the applicable agencies and other jurisdictional bodies
as stakeholders and establish the primary contact and /or board members. It
will also identify the appropriate stages of the process in which they will be
engaged and how they will be notified.
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Task 1 Deliverables:
• Meeting agenda;
• Kickoff meeting between County and K &S;
• Detailed Project Schedule;
• Information data base, updated throughout Phase 1;
• ICP;
• PIP;
• Written meeting summary; and
• Establish project website.
Consultants Lump Sum Fee for Phase I Task 1 ......... ............................... $ 72,090.00
TASK 2 - MEETINGS AND PUBLIC INVOLVEMENT
2.1 For the duration of Phase I, K &S will participate in up to two (2) meetings per
month, either in person or via telephone, with County staff to discuss the
statusof 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 1.
This outreach event shall include a presentation at three locations, to be
determined at a later date with County input. As part of Task 1.4, K &S will
establish a specific event strategy that will include a Commissioner greeting
and comments at each location; County and K &S staff will be available to
discuss the upcoming activities, take feedback and answer questions.
2.6 K &S will prepare monthly project progress reports.
Task 2 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Update project website;
2
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• General public /stakeholder outreach event; and
• Monthly progress reports.
Consultants Lump Sum Fee for Phase I Task .................. ..............................$ 65,560.00
TASK 3 - DRAFT UPDATED DOCUMENT
3.1 K &S will analyze existing conditions to update the Comprehensive Plan
components listed below:
• Population and Housing;
• Community Facilities and Services, including the Public Education and the
Public Health Systems;
• The Capital Improvement Program;
• Wastewater, Solid Waste, Stormwater and Potable and Reclaimed Water
Services;
• Transportation, including Ports and Aviation services;
• Land Use;
• Planning Areas and the Areas of County Critical Concern;
• Coastal Management and Natural Resources;
• Economics and Employment; and
• Historic Structures and Sites.
The analysis will determine trends that are emerging; the suitability of
existing land use regulations, relevant growth management laws and rules,
public /private facilities and services to meet the changing needs of the
population; and, where public and /or private initiatives will be necessary to
maintain and improve services and facilities. This task shall involve an
examination of the intergovernmental organizations that the County
participates in with regard to regional affairs. The analysis will also identify
and evaluate the consistency among and between local plans, studies and
ordinances, as identified in Task 1.
3.2 K &S will prepare a Draft Technical Document, updated to the 2010 -2030
planning period, meeting the requirements of 9J -5 F.A.C., Chapter 163.3177,
F.S. and Chapter 380.F.S. for each element. The Technical Document will
establish the appropriate level of standard for each service /infrastructure
and; will identify the projected needs, based upon population projections and
level of service standards, in five (5) year increments throughout the
planning period.
3
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
K &S will retain the same element headings and subheadings, as may be
appropriate, within the existing Technical Document, and will include those
that may be required by Statue or Rule in order to be current and consistent
with new requirements.
3.3 K &S will conduct up to two (2) meetings with County staff to review the Draft
Technical Document. These expanded meetings will be a part of the regular
bimonthly meetings identified in Task 2.1.
3.4 K &S will organize and participate in one (1) County /DCA joint workshop to
review the draft Technical Document noted in Task 3.2, above.
3.5 K &S will participate in one (1) public presentation with the Planning
Commission (LPA) to review the Draft Technical Document.
3.6 K &S will participate in one (1) public presentation with the BOCC to review
the Draft Technical Document.
Task 3 Deliverables:
• Draft Technical Document (20 copies with 1 electronic file);
• Meeting agendas;
• Meeting participation;
• Written meeting summaries;
• One full size (11 "x 17 ") and one reduced copy (8.5 "x11 ") of each map; and
• All text, tables, charts, and maps provided in digital format. Mapping shall
be prepared in a format compatible with the County's GIS.
Consultants Lump Sum Fee for Task 3 ...................... ..............................$ 214,730.00
TASK 4 - FINAL TECHNICAL DOCUMENT
4.1 Utilizing the results from Tasks above, K &S will prepare a Final "2010 -2030
Technical Document ". This document is the basis for the remaining phases of
the Evaluation and Appraisal Report (EAR) and the future Comprehensive
Plan update.
4.2 Prior to the presentation of the Final Technical Document to the BOCC in
Task 4.3 below, K &S will submit the material to the DCA for a Courtesy
Review.
4
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
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 I 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 MeetingsfFlearings as Coordinated by the County: K &S staff (up to 2 persons)
attendance at additional meetings /hearings before the Planning Commission (LPA)
or BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting /hearing shall not exceed............ $3,760.00
5
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
PHASE II - EVALUATION AND APPRAISAL REPORT (EAR)
TASK 1- ASSESSMENT OF MAJOR ISSUES AND PUBLIC INVOLVEMENT
The purpose of the public information workshops will be to discuss and receive
public input on the key local "major" planning issues that will be addressed in the
EAR.
1.1. K &S will meet with key County staff and officials to gather input on major
issues affecting the County.
1.2. K &S will coordinate and conduct three (3) public workshops, and prepare
presentation and handout materials for the workshops, which may include
comment sheets, descriptions of the EAR process, and mounted aerials.
1.3. For the duration of Phase II, K &S will participate in up to two (2) meetings
per month, either in person or via telephone, with County staff to discuss the
status of the project and to solicit comments and feedback (Originally 30 staff
meetings scheduled; addition of 10 staff meetings; for a total of 40 staff
meetings). This subtask is an ongoing activity and is not subject to the
retainage clause in Section 4.2 of the Contract for Professional Services
between the County and K &S.
1.4. K &S shall conduct other coordination efforts to include meetings with
elected officials, appointed officials, County staff, and other government
agencies, including the DCA.
1.5. K &S will update the project website monthly, at a minimum. Progress
reports shall include details of website updates completed every month. This
subtask is an ongoing activity and is not subject to the retainage clause in
Section 4.2 of the Contract for Professional Services between the County and
K &S.
Tasks 1 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Information data base, updated throughout Phase 2;
• Updated project website;
• Public involvement materials such as comment sheets and handouts
outlining the EAR process;
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• 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 II Task 1 ...... ..............................$ 145,735.00
TASK 2- INTERAGENCY SCOPING MEETING AND COMPILATION REPORT
Interagency coordination is a critical component to the success of the EAR process.
Agencies that are part of the coordination effort during this Task (and throughout
the process) will include, but not be limited to: adjacent municipalities; FDOT,
SFRPC, N.A.S. - Key West, SFWMD, Monroe County Public Schools, FKAA, National
Park Service, the DCA, and other agencies identified by County staff.
2.1 K &S will coordinate and conduct an interagency scoping meeting with adjacent
local jurisdictions and State, regional and county agencies to receive their
input on the key issues that have been identified, and to identify additional
issues that should be addressed. In addition, this meeting will serve as an
opportunity to identify and collect the data that needs to be received from
these agencies in order to conduct the EAR.
2.2 K &S will prepare a compilation report that summarizes all issues identified for
further research and updating. This report will be submitted to the County for
review and consideration.
2.3 After County approval, the compilation report will be provided to DCA in order
to receive a Letter of Understanding. Any and /or all of the issues identified in
this task will be addressed in the EAR document (see Task 5).
Tasks 2 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Presentation materials for workshops (e.g. PowerPoint presentation,
mounted aerials);
• An Issue Compilation Report, composed of: a Scope of Work that outlines
the identified major issues, and the manner in which these issues and the
other EAR statutory requirements, will be addressed;
• An issues matrix providing further details on the identified major issues;
• Monthly progress reports.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Consultants Lump Sum Fee for Phase II Task 2 ......... ..............................$ 14,260.00
TASK 3 - REVIEW AND EVALUATION OF THE COMPREHENSIVE PLAN
3.1 K &S shall perform a comprehensive review on an element -by- element basis
of the Comprehensive Plan in order to identify successes or shortcomings in
achieving the County's goals, objectives and policies and identify
goals, objectives and policies with old dates or out dated tasks.
Task 3 Deliverable:
• A report summarizing, in tables and text, progress in achieving the
Comprehensive Plan's objectives since the date of the last EAR and goals,
objectives and policies which include old dates or outdated tasks . This
report is not intended to be a stand -alone document, but will be
incorporated as a Chapter in the draft EAR (see Task 5 Deliverable).
Consultants Lump Sum Fee for Phase II Task 3 ......... ..............................$ 17,560.00
TASK 4- PUBLIC MEETINGS
4.1 The K &S Team will conduct one (1) presentation to the Planning Commission
to obtain feedback on the report generated during Task 3.
4.2 The K &S Team will conduct one (1) presentation to the BOCC. This
presentation will provide the BOCC with a "report card" of the
Comprehensive Plan.
Task 4 Deliverable:
• Meeting agendas, if necessary;
• Meeting participation; and
• Written documentation of Commission and BOCC direction.
Consultants Lump Sum Fee for Phase 11 Task 4 ............ ..............................$ 16,520.00
TASK 5 - DEVELOPMENT AND PREPARATION OF EAR
The purpose of this Task is to develop and prepare, in coordination with County
staff, an EAR Can evaluation and appraisal of the 2010 Monroe County
Comprehensive Plan).
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
5.1 The issues identified in Tasks 1 and 2 will be: described, analyzed, and,
evaluated by K &S for potential social, economic, and environmental impacts.
5.2 Along with the statutory requirements, K &S shall prepare a series of
Comprehensive Plan amendment recommendations to address these issues.
5.3 In addition, the EAR prepared by K &S shall include:
• Description of the process used to ensure public participation;
• Updated population estimates;
• Changes in Land Area;
1. Vacant land for future development
2. Demands of growth on infrastructure
3. Location of development, including infill and redevelopment needs
• Coastal High Hazard Area (CHHA) /Property Rights Assessment;
• List of changes needed in the comprehensive plan due to changes in State
law, in particular HB 7207, and the results of the Element by Element
Assessment and an analysis of the major issues; and
• Other issues as may be required by County staff.
5.4 K &S will organize and attend two (2) meetings of the Planning Commission
(LPA) on the EAR for the purpose of obtaining comments on the EAR. One
(1) Planning Commission meeting to present the 1st portion of the EAR and
one (1) Planning Commission to present the 2nd portion of the EAR.
5.5 K &S will organize and attend two (2) meetings of the BOCC on the -EAR for
the purpose of obtaining comments on the EAR. One (1) BOCC meeting to
present the 1st portion of the EAR and one (1) BOCC to present the 2nd
portion of the EAR.
Tasks 1 through 5.3 will result in the development of the EAR. This draft will
be submitted electronically to the County for preliminary staff review. Any
comments or suggestions received from the scoping meeting, the public
meetings, the Planning Commission and BOCC meetings noted in Tasks 5.4
and 5.5 will be addressed prior to K &S submitting the final version (see
Deliverable section below) of the EAR to Monroe County. The final version
will be submitted to the BOCC for adoption as data and analysis for potential
comprehensive plan amendments and for submission to the state planning
agency and appropriate agencies, as data and analysis when transmitting
proposed comprehensive plan amendments.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Task 5 Deliverable:
• Meeting agendas;
• Presentation materials;
• Meeting participation;
0 Written summary of PC and BOCC direction;
• 1 electronic copy of the EAR for preliminary internal staff review; and
a 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:
0 Meeting and hearing agenda coordination;
• Presentation materials;
• Meeting participation; and
• 1 electronic copy of the EAR and 20 hard copies of the Final EAR for the
BOCC adoption hearing in Task 6.1.
Consultants Lump Sum Fee for Phase ll 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.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
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 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.
12.6 The parties acknowledge that this task is not shown on Exhibit B and may
exceed the time frame for Phase II.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Task 12 fees shall not exceed Fifty Thousand Dollars ($50,000.00) and are not included
in the Lump Sum Phase H total.
The hourly fees include consultant's expenses and reimbursables other than the
deliverables (materials) stated above. Travel outside of the state of Florida shall be
reimbursed according to County policy and ordinance governing travel.
TOTAL LUMP SUM FEE FOR PHASE 1 I .............. ..............................$ 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............ $3,760.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
PHASE III - COMPREHENSIVE PLAN
AMENDMENTS /COMPREHENSIVE PLAN 2010 -2030
TASK 1- PHASE III KICKOFF
1.1 K &S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase III.
1.2 K &S will update the Public Involvement Plan (PIP).
Task 1 Deliverables:
• Meeting agendas;
• Meeting participation;
• Written meeting summary; and
• Updated PIP.
Consultants Lump Sum Fee for Phase Ill Task 1 ............... ..............................$ 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 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 (up to 4 two -hour) 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;
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• Written meeting and public event summaries, including the state land
planning agency recommendations and comments;
• 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 .......... ..............................$ 88,967.00
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;
• Meeting summaries, including directional items from the Planning
Commission; and
• 20 copies and 1 digital file, in draft ordinance and strikethrough and
underlined format, of the proposed Comprehensive Plan Amendments.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Such amendments shall include those based upon the results of the
Evaluation and Appraisal report; the updated Technical Document;
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;
• Report on direction from the hearings before the LPA and the BOCC;
• 35 (15 for distribution to agencies identified under Ch. 163, F.S., and 20
copies for Monroe County use) copies and 1 digital file of the proposed
Comprehensive Plan Amendments in Final Ordinance and strikethrough
and underlined format for transmittal.
Agency and municipality comments are due to the County within 30 days
after receipt of a complete comprehensive plan transmittal package. Such
comments will be forwarded by the County to the state land planning agency
no later than 30 days after receipt of the complete transmittal package by the
state land planning agency.
Consultants Lump Sum Fee for Phase 111 Task 4 ......... ..............................$ 30,615.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
TASK 5 - FOLLOW -UP AND MODIFICATION
5.1 K &S will analyze the state land planning agency response in its Objections,
Recommendations and Comments (ORC) Report to the transmittal of the
Plan amendments and, shall prepare a written response to each item.
5.2 If necessary, K &S shall make the necessary adjustments or modifications at
the direction of the County and will be provided in underline - strikethrough
format. K &S will participate and coordinate a public hearing before the Board
of County Commissioners for the adoption of the amendments, as specified in
Subtask 4.3.
Task 5 Deliverables:
Written response to the ORC addressing each item; and
35 copies (15 for distribution to agencies identified under Ch. 163, F.S., and
20 copies for Monroe County use) and 1 digital file of the final
Comprehensive Plan Amendments, in strikethrough and underline format,
for adoption and enactment.
1 digital file and 20 tabbed copies (for Monroe County use only), without
strikethrough and underline, of all of the goals, objectives and policies of
the complete "2010 -2030 Comprehensive Plan ".
Consultants Lump Sum Fee for Phase Ill Task 5 ........... ..............................$ 39,555.00
TOTAL LUMP SUM FEE FOR PHASE III ................ ..............................$ 221,779.00
Note: If further proceedings are necessary (e.g., mediation, litigation), it is
anticipated that K &S will be available, pursuant to an amendment to this contract, to
provide additional services.
Optional Services (not included in total)
Additional Public Outreach Events: K &S staff will utilize the Mobile Information
Station (MIS) for additional events, at locations as selected by the County, to obtain
feedback, encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee for each event shall not exceed .......... ......................$9,960.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
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............ $3,760.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING
AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE
COMPREHENSIVE PLAN
TASK 1- PHASE IV KICKOFF
1.1 K &S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase IV.
1.2 K &S will update the Public Involvement Plan (PIP).
Task 1 Deliverables:
• Meeting agendas;
• Written meeting summary; and
• Updated PIP
Consultants Lump Sum Fee for Phase IV Task 1 ............. ..............................$ 14,535.00
TASK 2 - AMENDMENT RECOMMENDATIONS
2.1 K &S shall prepare a report that will include recommended revisions and
amendments to create LDRs 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.
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. These expanded meetings will be a part of the regular
bimonthly meetings identified in Task 3.1 below.
2.3 K &S will coordinate up to five (5) presentations before the Planning
Commission to obtain input on the issues and recommendations identified in
Task 2.1.
Task 2 Deliverable:
• Meetings agendas, as necessary;
• Meetings participation;
• Presentation materials;
• Written meeting summaries; and
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• Recommendations and Revisions Analysis Report (20 copies and 1
electronic file).
Consultants Lump Sum Fee for Phase IV Task 2 ............. ..............................$ 55,680.00
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 a total of 22 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 ............. ..............................$ 78,389.00
TASK 4 - PREPARATION OF DRAFT LAND DEVELOPMENT REGULATIONS
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 LDRs. The
regulations 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
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Comprehensive Plan; the EAR.; Chapter 380 and Chapter 163, Part 11, 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.
Task 4 Deliverable:
• The state land planning agency Informal Review
• 20 copies and 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Fee for Phase IV Task 4 ............. ..............................$ 79,340.00
TASK 5 - PLANNING COMMISSION HEARINGS/ INITIAL REVISIONS
5.1 K &S will present and provide an overview of the planning and regulatory
documents prepared in Task 4 at up to three (3) public hearings of the Planning
Commission; solicit the comments of the Commission members; and, develop a list
of the concerns and suggestions provided at the meetings. K &S will coordinate with
the County regarding public notice of the meetings.
Task 5 Deliverables:
• Meeting agendas, as necessary;
• Presentation materials; and
• Written meeting summaries.
Consultants Lump Sum Fee for Phase IV Task 5 ............. ..............................$ 6,850.00
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 LDR amendments.
Task 6 Deliverable:
• 20 copies and 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Fee for Phase IV Task 6 ............. ..............................$ 24,960.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
TASK 7 - PUBLIC HEARINGS
7.1 K &S shall present the final land development code at a one (1) public hearing
before the Planning Commission and two (2) public hearings before the
Board of County Commissioners for adoption and enactment.
Task 7 Deliverables:
• Hearing participation;
• Presentation materials; and
• Hearing summaries.
Consultants Lump Sum Fee for Phase IV Task 7 ............. ..............................$ 6,800.00
TOTAL LUMP SUM FEE FOR PHASE IV ................ ..............................$ 266,554.00
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............ $3,760.00
TOTAL LUMP SUM FEE ..................................... ..............................$ 1,128,108.00
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