#5th Amendment 06/20/2012DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: July 5, 2012
TO: Christine Hurley, Director
Growth Management Division
ATTN. Mayra Tezanos
Executive Assistant
FROM: Isabel C. DeSantis, D. C.
At the June 20, 2012, Board of County Commissioner's meeting, the Board approved the
following items:
Item H2 Resolution No. 169-2012 setting July 18, 2012 at 3:00 PM at the Harvey
Government Center, 1200 Truman Avenue, Key West for a public hearing for a proposed
abandonment of a portion of MacDonald Avenue, which is part of Maloney's Subdivision, lying
South of Lots 11, 12, 13, 14, & 15, Block 31 and North of Lots 8, 9, &10, Block 35, and
Northerly of Maloney Avenue in "MALONEY'S SUBDIVISION OF STOCK ISLAND".
Item H8 Resolution No. 170-2012 for the reservation for seven (7) affordable
housing allocations retroactive to June 1, 2011, for property described as Mandalay PB 1-194
Key Largo PT Square 3, Real Estate Numbers 00554720.000000 and 00554720.000100 for a
project known as Mandalay to be constructed by Habitat for Humanity of the Upper Keys.
Item K4 Resolution No. 171A-2012 for the waiver of building permit fees in the
amount of approximately $13,125 to construct 7 affordable housing units for project known as
Mandalay on RE: #00554720.000000 and 00554720.000100, Mandalay PB 1-194, Key Largo
PT Square 3, for Habitat for Humanity of the Upper Keys (HHUK), requested by Director Jack
Niedbalski.
Item 03 Resolution No. 172-2012 to amend Resolution # 127-2012, the Planning
& Environmental Resources Fee Schedule to: Clarify that applicants for Administrative Appeal,
who prevail after all appeals have been decided or where the appeal period(s) has expired, shall
have the Administrative Appeal application fee refunded, stating that a full refund does not
require approval by the BOCC unless the appellant prevails only on a portion of the appeal and
in those situations the BOCC shall determine the amount of the refund; repealing any other fee
schedules inconsistent herewith.
Item H4 Fifth Amendment to the Agreement for Professional Services with Keith
J 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 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.
Item H5 Sixth Amendment to the agreement for professional services with Keith and
Schnars (K&S), P.A., for additional services concerning 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 is officially abandoned and
increasing compensation by $7,500.00.
Item H7 Amendment Number two to the Contract between Monroe County and ACS
Government Systems, Inc., (Monroe County Property Appraiser's Software Vendor) to modify
the query tool designed to provide data for ground floor living area (potential downstairs
enclosures) increasing the cost by $3,000.
Enclosed are electronic copies of the above -mentioned resolutions. Duplicate originals of
the agreements are being sent via courier for your handling. Should you have any questions,
please feel free to contact our office.
cc: County Attorney
Finance
File ✓
FIFTH AMENDMENT
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CONTRACT FOR PROFESSIONAL SERVICES 4 - _ h
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KEITH AND SCHNARS, P.A. c) °
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This Fifth Amendment (Amendment) to the Contract for Professional Services dated
December 16, 2009 between Monroe County (County) and Keith and Sshnar•�,
1
(Consultant) is made and entered into this 20th day of June, 2012. `T'
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 undertaken by the United States Navy (Navy) for the Navy's Atlantic Fleet
Training and Testing activities. This is in addition to the existing work associated with the
Naval Air Station Key West (NASKW) EIS; 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, Comprehensive Plan amendments and other
requirements in the Florida Statutes;
NOW, THEREFORE, the parties agree as follows:
1. Exhibit A Scope of Services for Phase II, Task 12 shall be amended as follows and as
shown on Exhibit 1 (attached).
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 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.
1
June 20, 2012
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 Navy Public Hearings concerning these documents as authorized by and at the
County's request.
Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly.
The maximum hourly rate shall not exceed $215.00. The only materials billed shall be
those provided to the County or to others as authorized at the County's request.
12.6 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 Ninety Six Thousand Dollars ($96,000.00)_and are not
included in the Lump Sum Phase 11 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.
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE, CLERK OF MONROE COU TY, FL IDA
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Deputy Clerk Mayor David Rice
KEITH AND SCHNARS, P.A.
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Witness Michael L. Davis, Vice President
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Witness Date
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Date: 4
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June 20, 2012
Amendment, June 20, 2012 - Exhibit 1 to Fifth Amendment to Contract
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
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.
Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided
to the County or to others as authorized at the County's request
12.2 K &S shall assist the BOCC, County Administrator and the EIS Committee in the review and
preparation of comments in response to two Draft (DEIS) and two Final EIS (FEIS)
documents published by the Navy that potentially affect the County. This may include
organizing the County's review and comment response team and drafting the official
County response to Navy NEPA documents. Consultant shall provide copies of all
documents to County.
Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided
to the County or to others as authorized at the County's request
12.3 K &S may use sub - consultants as appropriate to collect and analyze data from the DEIS and
FEIS. Specifically, K &S will utilize a sub - consultant to collect and /or review noise data,
including noise monitoring at various County owned locations which may include: Stock
Island, Rockland, Big Coppitt, Shark Key, and /or Key Haven, as applicable to the 2007
AICUZ, review of the Navy EIS, and /or EAR. Consultant shall provide a copy(ies) of any data
and analysis report from a sub consultant and one electronic copy.
Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $235.00. The only materials billed shall be those provided
to the County or to others as authorized at the County's request.
12.4 K &S as requested by the BOCC or County Administrator shall represent the County with
State and Federal agencies in matters relating to the draft and final EIS documents or
other Navy NEPA documents that potentially affect the County. K &S will attend a
Navy Public Hearings concerning these documents, as authorized by and at the
County's request.
Amendment. June 20. 2012 - Exhibit 1 to Fifth Amendment to Contract
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided
to the County or to others as authorized at the County's request
12.5 Work performed under this Task (Task 12) shall not be subject to contract provisions in
Section 4.2 and are to be paid monthly with no retainage.
12.6 The parties acknowledge that this task is not shown on Exhibit B and will exceed the time
frame for Phase II.
Task 12 fees shall not exceed Ninety Six Thousand Dollars ($96,000.00) and are not
included in the Lump Sum Phase 11 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.