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10th Amendment 02/19/2014TENTH AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES with KEITH AND SCHNARS, P.A. This Tenth Amendment (Amendment) to the Contract for Professional Services dated December 16, 2009 between Monroe County (County) and Keith and Schnars, P.A. (Consultant) is made and entered into this 19th day of February, 2014. WITNESSETH: WHEREAS, County desires to increase the scope of services under the existing contract to include services addressing and relating to establish a noise baseline as recommended by the EIS Committee, since the Navy's Record of Decision issued on October 31, 2013, for the Final Environmental Impact Statement for Naval Air Station Key West Airfield Operations, did not include conduct a noise study to establish an actual noise baseline; and WHEREAS, this is in addition to the existing work associated with the Naval Air Station Key West (NASKW) EIS and the Navy's Atlantic Fleet Training and Testing activities EIS and would require raising the amount in Phase II, Task 12 by $33,506.00 to cover the additional work required to complete the task; and WHEREAS, the County and Consultant underestimated the hours required and coordination needed by both parties to prepare for and accomplish meetings Washington D.C. with Congressman Joe Garcia and his staff as well as with the Assistant Secretary of the Navy Dennis McGinn and his staff; and WHEREAS, a retroactive amendment to the contract is required to raise the amount in Phase II, Task 12 by $7,000.00 to cover the additional work required to complete the task; and WHEREAS, the EIS, NEPA requirements, noise baseline 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). 1 February 19, 2014 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 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 1day. 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 F4 February 19, 2014 documents or other Navy NEPA documents that potentially affect the County. K &S will attend a Navy Public Hearings concerning these documents, as authorized by and at the County's request. Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized 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 One Hundred and Thirty Six Thousand Five Hundred and Six Dollars ($136,506.00) and are not included in the Lump Sum Phase II 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. WHEREOF, the parties have executed this Tenth Amendment. LIN, CLERK Deputy Clerk Witness Witness ORNEY M February 19, 2014 L ME BOARD OF COUNTY COMMISSION ERS OF MONROE COUNTY, FLORIDA Mayor ylvia rphy KEITH AND SCHNARS, P.A. G Michael L. Davis, Vice President Date 0:01 11 SV QZ Q�ao3� J!0J Q31U 3 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 PHASE I - TECHNICAL DOCUMENT TASK 1- PROJECT INITIATION 1.1 K &S Team will meet with the project managers from the County to review work tasks and the project schedule, establish reporting relationships and review expectations of the project. The development of the Public Involvement Plan (PIP) will also be discussed at this meeting, including: key issues, audiences, communication materials, communication venues, and the County /K &S roles, including how comments will be managed; and the key messages that need to be communicated in all communication materials. 1.2 K &S will initiate data collection, including a data gap analysis. County staff will work with K &S to identify and gather the necessary data. 1.3 K &S will develop a database of information or resources, including source and status. 1.4 K &S will, in coordination with the County, identify stakeholders and potential candidates for interviews; develop an Intergovernmental Coordination Plan (ICP) and Public Involvement Plan (PIP); and, establish the project website. The PIP will address public participation /input and include a media outreach plan relating to the Comprehensive Plan Update, the Evaluation and Appraisal Report, the Comprehensive Plan Amendments; and the development of the revised Land Development Code. Based on the meeting in Task 1.1 above, K &S will prepare strategies for identified audiences and phases. A draft public participation plan will be prepared for County review. K &S will support the County staff to present the public participation plan at the Planning Commission and the BOCC briefings, noted in Tasks 2.2 and 2.3. Following County review, and teleconference coordination as needed, a final public involvement plan will be prepared. The ICP will identify the applicable agencies and other jurisdictional bodies as stakeholders and establish the primary contact and /or board members. It will also identify the appropriate stages of the process in which they will be engaged and how they will be notified. 1 Monroe County Comprehensive Plan Update Ex. l to 10th Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 Task 1 Deliverables: • Meeting agenda; • Kickoff meeting between County and K &S; • Detailed Project Schedule; Information data base, updated throughout Phase 1; • ICP; • PIP; • Written meeting summary; and • Establish project website. Consultants Lump Sum Fee for Phase 1 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 status of the project and to solicit comments and feedback. 2.2 K &S will provide one briefing of the BOCC during Phase 1. 2.3 K &S will provide one briefing of the Planning Commission during Phase 1. 2.4 K &S will maintain and update the project website monthly, at a minimum. 2.5 K &S will conduct one (1) general public /stakeholder outreach event /program during Phase I. This outreach event shall include a presentation at three locations, to be determined at a later date with County input. As part of Task 1.4, K &S will establish a specific event strategy that will include a Commissioner greeting and comments at each location; County and K &S staff will be available to discuss the upcoming activities, take feedback and answer questions. 2.6 K &S will prepare monthly project progress reports. Task 2 Deliverables: • Meeting participation; • Meeting agendas; • Written meeting summaries; • Update project website; 2 Monroe County Comprehensive Plan Update Ex.1 to 10th Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10 Amendment, February 19, 2014 • General public /stakeholder outreach event; and • Monthly progress reports. Consultants Lump Sum Fee for Phase 1 Task 2 .................. ..............................$ 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 Ex.1 to 10th Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 K &S will retain the same element headings and subheadings, as may be appropriate, within the existing Technical Document, and will include those that may be required by Statue or Rule in order to be current and consistent with new requirements. 3.3 K &S will conduct up to two (2) meetings with County staff to review the Draft Technical Document. These expanded meetings will be a part of the regular bimonthly meetings identified in Task 2.1. 3.4 K &S will organize and participate in one (1) County /DCA joint workshop to review the draft Technical Document noted in Task 3.2, above. 3.5 K &S will participate in one (1) public presentation with the Planning Commission (LPA) to review the Draft Technical Document. 3.6 K &S will participate in one (1) public presentation with the BOCC to review the Draft Technical Document. Task 3 Deliverables: • Draft Technical Document (20 copies with 1 electronic file); • Meeting agendas; • Meeting participation; • Written meeting summaries; • One full size (11 "x 17 ") and one reduced copy (8.5 "x11 ") of each map; and • All text, tables, charts, and maps provided in digital format. Mapping shall be prepared in a format compatible with the County's GIS. Consultants Lump Sum Fee for Task 3 .......................... ..............................$ 214,730.00 TASK 4 - FINAL TECHNICAL DOCUMENT 4.1 Utilizing the results from Tasks above, K &S will prepare a Final "2010 -2030 Technical Document ". This document is the basis for the remaining phases of the Evaluation and Appraisal Report (EAR) and the future Comprehensive Plan update. 4.2 Prior to the presentation of the Final Technical Document to the BOCC in Task 4.3 below, K &S will submit the material to the DCA for a Courtesy Review. 4 Monroe County Comprehensive Plan Update Ex.1 to 10th Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 4.3 K &S will participate in one (1) public presentation of the Final Technical Document before the BOCC. Task 4 Deliverables: • Meeting agendas; • Meeting participation; • Written documentation of Commission direction items; • DCA Courtesy Review; • Final Technical Document Update (20 copies with 1 electronic file); • One full size (11 "x 17 ") and one reduced copy (8.5 "x11 ") of each map; and • All text, tables, charts, and maps provided in digital format. Mapping shall be prepared in a format compatible with the County's GIS. Consultants Lump Sum Fee for Phase 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 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 5 Monroe County Comprehensive Plan Update Ex.1 to 10 Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 PHASE II - EVALUATION AND APPRAISAL REPORT (EAR) TASK 1- ASSESSMENT OF MAJOR ISSUES AND PUBLIC INVOLVEMENT The purpose of the public information workshops will be to discuss and receive public input on the 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; 6 Monroe County Comprehensive Plan Update Ex.1 to 10 1 b Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 • Presentation materials for workshops (e.g. PowerPoint presentation, mounted aerials); • An issues matrix providing details on the identified major issues; and • Monthly progress reports. Consultants Lump Sum Fee for Phase 11 Task 1 ...... ..............................$ 145,735.00 TASK 2- INTERAGENCY SCOPING MEETING AND COMPILATION REPORT Interagency coordination is a critical component to the success of the EAR process. Agencies that are part of the coordination effort during this Task (and throughout the process) will include, but not be limited to: adjacent municipalities; FDOT, SFRPC, N.A.S. - Key West, SFWMD, Monroe County Public Schools, FKAA, National Park Service, the DCA, and other agencies identified by County staff. 2.1 K &S will coordinate and conduct an interagency scoping meeting with adjacent local jurisdictions and State, regional and county agencies to receive their input on the key issues that have been identified, and to identify additional issues that should be addressed. In addition, this meeting will serve as an opportunity to identify and collect the data that needs to be received from these agencies in order to conduct the EAR. 2.2 K &S will prepare a compilation report that summarizes all issues identified for further research and updating. This report will be submitted to the County for review and consideration. 2.3 After County approval, the compilation report will be provided to DCA in order to receive a Letter-of Understanding. Any and /or all of the issues identified in this task will be addressed in the EAR document (see Task 5). 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. 7 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 Consultants Lump Sum Fee for Phase H 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 H Task 3........ T ..............................$ 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 (an evaluation and appraisal of the 2010 Monroe County Comprehensive Plan). 8 Monroe County Comprehensive Plan Update Ex.1 to loth Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 5.1 The issues identified in Tasks 1 and 2 will be: described, analyzed, and, evaluated by K &S for potential social, economic, and environmental impacts. 5.2 Along with the statutory requirements, K &S shall prepare a series of Comprehensive Plan amendment recommendations to address these issues. 5.3 In addition, the EAR prepared by K &S shall include: • Description of the process used to ensure public participation; • Updated population estimates; • Changes in Land Area; 1. Vacant land for future development 2. Demands of growth on infrastructure 3. Location of development, including infill and redevelopment needs • Coastal High Hazard Area (CHHA) /Property Rights Assessment; • List of changes needed in the comprehensive plan due to changes in State law, in particular HB 7207, and the results of the Element by Element Assessment and an analysis of the major issues; and • Other issues as may be required by County staff. 5.4 K &S will organize and attend two (2) meetings of the Planning Commission (LPA) on the EAR for the purpose of obtaining comments on the EAR. One (1) Planning Commission meeting to present the 1St portion of the EAR and one (1) Planning Commission to present the 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. 9 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 Task 5 Deliverable: • Meeting agendas; • Presentation materials; • Meeting participation; • Written summary of PC and BOCC direction; • 1 electronic copy of the EAR for preliminary internal staff review; and • 1 electronic copy and 20 hard copies of the EAR for the Planning Commission and BOCC meetings noted in Tasks 5.4 and 5.5. Consultants Lump Sum Fee for Phase II Task 5 ....... ..............................$ 47,460.00 TASK 6 - FINAL PUBLIC MEETING ON EAR 6.1 K &S will organize, attend and coordinate one (1) adoption meeting before the BOCC. The purpose of the BOCC hearing is to adopt the EAR. Task 6 Deliverables: • Meeting and hearing agenda coordination; • Presentation materials; • Meeting participation; and 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 II Task 6 ................ ..............................$ 5,400.00 TASKS 7 and OPTIONAL TASKS 8, 9, 10, and 11 were deleted by the 4th AMENDMENT to the SCOPE OF WORK (Exhibit A) on AUGUST 17, 2011. TASK 12 - MILITARY COMPATIBILITY COORDINATION 12.1 K &S shall provide support to the County's Environmental Impact Study Oversight Committee (EIS Committee) and for all activities related to NASKW for NEPA issues affecting the County. This includes participation in EIS Committee meetings or other meetings as authorized by County. This support will be provided primarily by K &S Vice President Michael L. Davis. 10 Monroe County Comprehensive Plan Update Ex.1 to loth Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request. 12.2 K &S shall assist the BOCC, County Administrator and the EIS Committee in the review and preparation of comments in response to two Draft (DEIS) and two Final EIS (FEIS) documents published by the Navy that potentially affect the County. This may include organizing the County's review and comment response team and drafting the official County response to Navy NEPA documents. Consultant shall provide copies of all documents to County. Consultant's Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $215.00. The only materials billed shall be those provided to the County or to others as authorized at the County's request 12.3 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 BOCQ: Consultant's Lump Sum Fee for each additional day shall not exceed $3,000.00 1day. 11 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 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. 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 One Hundred and Thirty Six Thousand Five Hundred and Six Dollars ($136,506.00) and are not included in the Lump Sum Phase II total. This amount is retroactive to October 1, 2013. The hourly fees include Consultant's expenses and reimbursables other than the deliverables (materials) stated above. Travel outside of the state of Florida shall be reimbursed according to County policy and ordinance governing travel. TOTAL LUMP SUM FEE FOR PHASE II .............. ..............................$ 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............ $3,760.00 12 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 PHASE III - COMPREHENSIVE PLAN AMENDMENTS /COMPREHENSIVE PLAN 2010 -2030 TASK 1- PHASE III KICKOFF 1.1 K &S will meet with the project managers from the County to review work tasks and project schedule, and establish expectations of Phase III. 1.2 K &S will update the Public Involvement Plan (PIP) Task 1 Deliverables: • Meeting agendas; • Meeting participation; • Written meeting summary; and • Updated PIP. Consultants Lump Sum Fee for Phase 111 Task 1 ............... ..............................$ 5,580.00 TASK 2 - MEETINGS AND PUBLIC INVOLVEMENT 2.1 K &S will participate and coordinate meetings (in person and telephonically) with County staff up to two times per month for the duration of Phase III. This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services between the County and K &S. 2.2 K &S will participate and coordinate a total of 4 hours of meetings with the state land planning agency during its informal and formal review process (telephonic). 2.3 K &S will update the project website monthly, at a minimum. Progress reports shall include details of website updates completed every month. This subtask is an ongoing activity and is not subject to the retainage clause in Section 4.2 of the Contract for Professional Services the Monroe County and K &S. Tasks 2 Deliverables: • Meeting agendas; • Meeting and public event participation; • Written meeting and public event summaries, including the state land planning agency recommendations and comments; 13 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10 Amendment, February 19, 2014 • Information data base, updated throughout Phase 3; • General public /stakeholder outreach events; and • Updated project website. Consultants Gump Sum Fee for Phase Ill 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 Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 impending statutory requirements; and, the deletion of, or revision to, any goals, objectives and policies which are out -of -date or no longer applicable; Consultants Lump Sum Fee for Phase 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. • 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 III Task 4 .......... ..............................$ 32,015.00 15 Monroe County Comprehensive Plan Update Ex.1 to 10th Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 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 III Task 5 ........... ..............................$ 39,555.00 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 developing an inventory of existing or abandoned mines. The update to the CP policies and LDC to address mining permitting and reclamation determined through this consultation will be completed based upon existing contract provisions and fees in Phase III and Phase IV. 16 Monroe County Comprehensive Plan Update Ex.1 to 10th Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 Consultants Fee for this task will be a lump sum ......... ......................$7,500.00 Task 6 lump sum shall not exceed Seven thousand Five hundred dollars ($7,500.00) and is not included in the Total Lump Sum Fee for Phase III total. TOTAL LUMP SUM FEE FOR PHASE III ................ ..............................$ 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 Other Meetings /Hearings as Coordinated by the County: K&S staff (up to 2 persons) attendance at additional meetings /hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting /hearing shall not exceed............ $3,760.00 17 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN TASK 1- PHASE IV KICKOFF 1.1 K &S will meet with the project managers from the County to review work tasks and project schedule, and establish expectations of Phase IV. 1.2 K &S will update the Public Involvement Plan (PIP). Task 1 Deliverables: • Meeting agendas; • Written meeting summary; and • Updated PIP Consultants Lump Sum Fee for Phase IV Task 1 ............. ..............................$ 14,535.00 TASK 2 - AMENDMENT RECOMMENDATIONS 2.1 K &S shall prepare a report that will include recommended revisions and amendments to create LDCs based on existing code, Comprehensive Plan and Florida law. The results of this analysis will establish the focus for drafting the new land development code. The draft Recommendations and Revisions Report (R &R Report) shall be provided in electronic form to the County staff for review and input. The final report shall incorporate the input received during Task 2.2, below. K &S will submit twenty (20) hard copies and one (1) digital file of the final R &R Report for PC and BOCC review. 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. 2.3 K &S will coordinate up to two (2) presentations before the Planning Commission to obtain input on the issues and recommendations identified in Task 2.1. 2.4 K &S will coordinate one (1) presentation before the Board of County Commissioners to obtain input on the issues and recommendations identified in Task 2.1. 18 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 Task 2 Deliverable: • Meetings agendas, as necessary; • Meetings participation; • Presentation materials; • Comment Response Form documenting comments and direction received from County staff, the Planning Commission and the BOCC; and • Recommendations and Revisions Analysis Report (20 copies and 2 electronic files). Consultants Lump Sum Fee for Phase IV Task 2 ............ ..............................$ 52,304.00 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 19 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 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. 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 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. 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 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. 5.2 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 Board of County Commissioners; solicit the comments of the Commission members; 20 Monroe County Comprehensive Plan Update Ex.1 to 10th Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 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; • 20 copies and 1 digital file of the proposed LDC amendments, incorporating direction received at the Planning Commission hearings during Task 5.1; and • Comment Response Form documenting the comments received during the PC and BOCC presentations. Consultants Lump Sum Fee for Phase IV Task 5 ........... ..............................$ 18,328.00 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 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 • Comment Response Form documenting comments and direction received from the PC and the BOCC at the public hearings. Consultants Lump Sum Fee for Phase IV Task 7 .................. ..............................$ 8,664.00 TOTAL LUMP SUM FEE FOR PHASE IV ................ ..............................$ 266,554.00 Monroe County Comprehensive Plan Update Ex.1 to 10 1 h Amendment SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. 10th Amendment, February 19, 2014 Note: If further proceedings are necessary (e.g., mediation, litigation), it is anticipated that K &S will be available, pursuant to an amendment to this contract, to provide additional services. Optional Services (not included in total) Additional Public Outreach Events: K &S staff will utilize the Mobile Information Station (MIS) for additional events, at locations as selected by the County, to obtain feedback, encourage public participation and answer stakeholder questions. Consultant's Lump Sum Fee for each event shall not exceed .......... ......................$9,960.00 Other Meetings /Hearings as Coordinated by the County: K &S staff (up to 2 persons) attendance at additional meetings /hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting /hearing shall not exceed............ $3,760.00 TOTALLUMP SUM FEE ..................................... ..............................$ 1,128,108.00 22 10` Amendment to K &S Contract February 19, 2014 Scope of Services NASKW Baseline Noise Survey For Task 12.3 of Exhibit A Scope of Services for Phase II, Task 12 Task A NASKW Baseline Noise Survey The CONSULTANT shall conduct a baseline noise survey near the Naval Air Station Key West (NASKW). The purpose of the acoustical survey is to document the existing 24 -hour Ldn sound levels associated with the aircraft stationed at NASKW. The CONSULTANT will conduct measurement and sound level recording of the existing 24- hour Ldn sound levels associated with the aircraft at NASKW. Up to three (3) specific locations in the surrounding community will be used to establish the baseline ambient sound levels. The COUNTY shall provide secure locations for the equipment. A total of six (6) 24 -hour periods will be measured. To provide an adequate baseline noise assessment, 2 measurement periods should be on relatively quiet days to establish the background (no military aircraft) sound levels, and 4 measurement periods should be on relatively noisy days when the military aircraft are flying. The COUNTY shall select the days for monitoring; this will require coordination with the Navy to ensure the days for which monitoring occurs are representative (in terms of number of flights, flight paths, aircraft type, etc). Ideally, to account for other variations (e.g., weather), 1 background and 2 noisy days should occur during one week, and then another 1 background and 2 noisy days should occur on a different week. The CONSULTANT shall mobilize the equipment no more than two times. The acoustical survey will follow guidance from the Housing and Urban Development (HUD) Noise Guide Book. Type I acoustical instrumentation and meteorological instrumentation will be utilized for the purposes of recording all sound levels. The CONSULTANT will prepare a noise survey report which will include a map of survey locations, a description of the equipment and methodology in sufficient detail so the noise survey can be repeated in future years, a summary of the acoustical survey data, noise survey report tables, and conclusions. The CONSULTANT will request Air Activity Reports from the Navy for the days that noise monitoring occurred (likely as a Freedom of Information Act request), and will include the Air Activity Reports as an appendix if the Navy provides them before the report is finalized. The CONSULTANT will provide a draft of the noise report to the County for review and comment, and then will incorporate one round of comments and issue the final report. Deliverables will be in pdf format. The CONSULTANT will be available to participate in up to 6 hours of teleconferences to discuss the methodology and findings of the survey with the COUNTY. CONSULTANT's fee shall be based on a Lump Sum basis with a fee of $33,506. Task B Additional Days of Noise Monitoring Additional days of monitoring may be necessary if, for example, the Navy indicated that training is to occur and the noise equipment has been mobilized to the area, but weather or a change in training schedule cancels flights for the day. The COUNTY shall coordinate with the Navy to select the days for monitoring. If additional days of monitoring are desired, the additional cost would be $3,000 per day. I60IIArlY•Vl YYIAY CERTIFICATE OF LABILITY INSURANCE I �; • THIS CERTIFICATE IS OWED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS COMPICATE DOES NOT AFFMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICE'S BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THR ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE MOLDER. BNPORTANT: If the arUllpsIa holder Is an ADDITIONAL INSURED, the polloy(Ns) must be endorsed. If SUBROGATION IS WAIVED. subject to the s rme and eorldBbns Ot the po ft Certain Policies may require en andorooment. 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FL 33040 AUTIwRrraD R@Ia91orTA71YE 0 10502010 ACORD CORPORATION. All ri" rsaervad. ACORD 25 (2010105) The ACORD name and kW we registered marks of ACORD