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Item I3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 17, 2011 Division: Growth Management Bulk Item: Yes _ No _ Department: Staff Contact Person/Phone #: Christine Hurley (305) 289- 2517 AGENDA ITEM WORDING: Approval of 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). ITEM BACKGROUND: Keith and Schnars (K&S) was retained to update the County's Comprehensive Plan Technical Document; complete an EAR of the Comprehensive Plan; complete EAR -based Comprehensive Plan amendments; and complete Land Development Code amendments over a 4 year period. During Phase I of the contract, K&S performed increased services related to: collecting data (studies, staff comments, and various databases related to ROGO, NROGO, building permitting, etc); development of existing conditions data and maps to prepare the technical document (including existing land use mapping and data utilizing data fields from the property appraiser which impacted the majority of analyses for existing conditions and projected future needs); and a lengthy approval process of population projections by the Department of Community Affairs (used for projecting future needs for land use, traffic, water, sewer, solid waste, parks and recreation). These services were not anticipated during development of the original contract and it was a great effort to coordinate data and analysis related to the information that had to be assembled (see attached). PREVIOUS RELEVANT BOCC ACTION: December 16, 2009 — BOCC approved a contract to update the Monroe County Year 2010 Technical Document, Evaluation and Appraisal Report, Comprehensive Plan Amendments, and Land Development Code. June 16, 2010 — Creation of the Environmental Impact Study Committee September 15, 2010 — BOCC approved Amendment No. 1 which amended the work program and deliverable schedule October 20, 2010 — BOCC approved Amendment No. 2 amending Master Schedule `B" referencing the work program timeline and deliverable schedule. May 18, 2011 — BOCC approved Amendment No. 3 amending Exhibit "A" Scope of Services for Phase II to include services relating to the Environmental Impact Statement CONTRACT/AGREEMENT CHANGES: See attached memo. STAFF RECOMMENDATIONS: Approval TOTAL COST: $1,128,108 (+$96,183.00) INDIRECT COST: _ BUDGETED: Yes _No_ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 148-50001-530340 REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing x Risk Management x DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keith & Schnars, P.A. Contract Effective Date: 08/17/2011 Expiration Date: ContractPurpose/Description: Amd No. 4 to contract with K & S for additional services related to data collection, development of existing conditions to prepare the technical document and population ro'ection. Amd No. 4 to contract with K & S due to 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 co ies to be distributed for external review. Amd No. 4 to contract with K & S to adjust contract timeline because the Department of Community Affairs notified the County that the County"s EAR (Phase In will no longer satisfy the requirements Section 163.319, F.S., if submitted prior to the new deadline of May 1 2014. Contract ManagerChristine Hurley 2517 11 (Name) (Ext.) (Department/Stop ) for BOCC meetin on 08/17/11 Agenda Deadline: 08/02/11 Total Dollar Value of Contract: $ $1,128,108 (addition of $96,183.00) Current Year Portion: $241,935 Fo—rPhase II Budgeted? YesZ No ❑ Account Codes: 14 •51 •530340- t: $ N/A -- County Match: $ N/A - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (m maintenance, utilities, janitorial, salaries, i Changes Division Needed +' Risk Management YesF1 Noe O.M.B./Purchasing Yes, AttorneyCounty - e■ .G [s7u'1:7", lre :., t, 3., e MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners Through: Christine Hurley, AICP, Growth Management Director From: Maytd Santamaria, Assistant Director of Planning & Environmental Resources Date: July 27, 2011 Subject: Fourth Amendment to the Agreement for Professional Services with Keith and Schnars, P.A. This is to provide a description of the necessity for a Fourth Amendment to the Agreement for professional services with Keith and Schnars (K & S), P.A. There were 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), and population projection approval for Phase I of the Contract. The County and K &S underestimated the difficulty of establishing existing conditions and the hours required and resources needed by both parties to complete Phase I. Additionally, after substantial completion of Phase I and II of the contract, House Bill 7207 was passed by the Florida Legislature. HB 7207 became law on July 2, 2011. As a result of this statutory revision, the requirement to draft, adopt and transmit an Evaluation and Appraisal Report (EAR) was significantly altered and Monroe County has been assigned a new deadline for completing its evaluation of the comprehensive plan based upon Section 163.3191, F.S. Monroe County's new scheduled due date is May 1, 2014. County staff contacted the Department of Community Affairs (DCA) for clarification on the statutory revisions affecting the EAR. DCA has notified the County that the County's EAR (Phase II) will no longer satisfy the requirements of Section 163.319, F.S., if submitted prior to the new deadline of May 1, 2014. If Monroe County decides to submit amendments early or submit the letter identifying the changes to state statutes (Section 163.3191, F.S.) that are necessary, prior to May 1, 2014, the County will still need to assess the changes to the statutes which may occur from that comprehensive plan update to May 1, 2014 (see attached DCA letter). Staff recommends approval of this amendment. Summary of Contract Amendments 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. • 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 5 shall be Forty -Seven Thousand, Four Hundred and Sixty Dollars ($47,460.00). • 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 ($261,520.00). 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). STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to Gail home" RICK SCOTT BILLY BUZZETT Govemor Secretary July l 1, 2011 Ms. Mayte Santamaria Monroe County Planning and Environmental Resources 2799 Overseas Highway Marathon, Florida 32330 Re: Monroe County Evaluation and Appraisal Dear Ms. Santamaria: Thank you for your letter dated July 6, 2011, regarding the revised schedule for adoption of the Monroe County Evaluation and Appraisal Report (EAR). During the 2011 Legislative Session, House Bill 7207 amended Section 163.3191, Florida Statutes (F.S.) to provide an expedited process for the evaluation of comprehensive plans. Local governments must now evaluate whether amendments to their comprehensive plan are necessary to reflect changes to State requirements, including Chapter 163 and 380, F.S., for jurisdictions designated as an Area of Critical State Concern. A local government must notify the state land planning agency by letter as to their determination of amendments to the comprehensive plan that will be necessary to reflect changes that have been made to state requirements. Prior to the amendments to Section 163.3191, F.S., the Monroe County EAR was due to the Department of Community Affairs by August 1, 2011, and the new due date is May 1, 2014. If Monroe County decides to submit amendments early or submit the letter identifying the changes to state statutes that are necessary prior to May 1, 2014, the County will still need to assess the changes to the statutes which may have occurred since that update on May 1, 2014. If additional information is needed, please telephone me at (850) 922-1766. Sincerely, "AtA- Rebecca Jetton 2555 SHUMARD OAK BOULEVARD 0 TALLAHASSEE, FL 32399.2100 850-488-8466 (p) 0 8SO-921-0781 (f) 0 Website: mtww.dca.state.fl.Us 0 COMMUNITY PLANNING 6SQ-469-2356 (p) 650-466.3309 M 0 nORMA COMMUNMU TRU T 650-922.2207 (p) 6S0-921-1747 M 0 0 HOU5844 AND COMMUNITY p6VII10PMM7 OW 488-7256 4V 850-922-S623 M 0 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 Monroe County (County) and Keith and Schnars, P.A. (Consultant) is made and entered into this day of , 2011. WITNESSETH: 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 #4 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 5 shall be Forty -Seven Thousand, Four Hundred and Sixty Dollars ($47,460.00). • 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 WHEREOF, the parties have executed this Fourth Amendment. Deputy Clerk Witness Witness Mayor Heather Carruthers Michael L. Davis, Vice President Date 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 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 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 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; 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 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 (S) year increments throughout the planning period. k] 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. l 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 eventshall not exceed................................$9,960.00 Other MeetingsfHearings 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 R 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; C 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 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 S). 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 SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, August 17, 2011 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 S Deliverable). Consultants Lump Sum Fee for Phase H 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 (an evaluation and appraisal of the 2010 Monroe County Comprehensive Plan). 8 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. 9 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; • 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 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: • 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 11 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 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. 11 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 ($50,000.00) and are not included in the Lump Sum Phase 11 total. The hourly fees include consultant's expenses and reimbursables other than the deliverables (materials) stated above. Travel outside of the state of Florida shall be reimbursed according to County policy and ordinance governing travel. TOTAL LUMP SUM FEE FOR PHASE II ............................................$ 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 eventshall not exceed................................$9,960.00 Other Meetings/Hearings as Coordinated by the Count: K&S staff (up to 2 persons) attendance at additional meetings/hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. Consultant's Lump Sum Fee each meeting/hearing shall not exceed ............ $3,760.00 12 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, August 17, 2011 PHASE III -COMPREHENSIVE PLAN AMENDMENTS/COMPREHENSIVE PLAN 2010-2030 TASK 1- PHASE III KICKOFF 1.1 K&S will meet with the project managers from the County to review work tasks and project schedule, and establish expectations of Phase III. 1.2 K&S will update the Public Involvement Plan (PIP). Task 1 Deliverables: • Meeting agendas; • Meeting participation; • Written meeting summary; and • Updated PIP. Consultants Lump Sum Fee for Phase Ill Task 1.............................................$ 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; 13 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 111 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. 14 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 111 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 III Task 4.......................................$ 30,615.00 15 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 1l1 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 16 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 Count,X: 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 ............ $3,760.00 17 Monroe County Comprehensive Plan Update SCOPE OF SERVICES - EXHIBIT A Monroe County and Keith and Schnars, P.A. Amendment, August 17, 2011 PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN TASK 1- PHASE IV KICKOFF 1.1 K&S will meet with the project managers from the County to review work tasks and project schedule, and establish expectations of Phase IV. 1.2 K&S will update the Public Involvement Plan (PIP) Task 1 Deliverables: • Meeting agendas; • Written meeting summary; and • Updated PIP Consultants Lump Sum Fee for Phase IV Task 1...........................................$ 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 18 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 forPhase 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 19 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 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. 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 20 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 CountL 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 21 3SAiRl Mf001YYYY) ~' CERTIFICATE OF L I L1 [ i 6� 1 11/30f2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS 'CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the Policy{ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsament(s). PRODUCER Seitlin 6700 N, Andrews Ave_ Ste 300 Ft. Lauderdale FL 33309 CONTACT NAME: PHONE (954) 936-8788 .0+..�l4SSIs (AC Nat' (954 } 438�8566 E-MAlL �" - - - . ADDRE8 PRODUCER INSURED __ _ €NSURER(S} kFFORD€NCv COVERAGE NA1C 0 .., Keith and schnars, P. A. 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DISEASE -POLICY LIMIT ; S 1,000, 000 12/1/2010 112 1J2011`CSL: 1,000.000 Any on Liability laccident or illness DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Xk8 #17923.XX, XOnrOe County Comp Plan Update Neater Plat Certificate holder, as Contractor, is an Additional Insured as respects General Liability when required by written contract subject to the terms, conditions and exClusione of the policy. r�rzTr�rr.eTCI-tnI nlcD Monroe County Board of County Commissioners 2798 Overseas Hwy Marathon FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 42) v Q 1988-2009 ACORD CORPORATION. All rinhr. racare..s,t fit„urcu L3 jzuuwfuv� The ACCORD name and logo are registered marts of ACORD CERTIFICATE OF LIABILITY INSURANCE 5/3112011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ees} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen S . PRODUCER CONTACT ,E _— Imes & Gough PHONE (703)3) 827-2279 jA&IAQ.ExtS, _ 0. Pl, (T63l827-2279 - — 8300 Greensboro Drive E-MAIL suite 980 PRODUCER 00002075 t .T4fdt~B.it2.tt;_ McLean, _ vA 22102 —� INSURER OVERAGE INSURED INSURERA:Continental Casualty Company �NAIc �__ 20443 INSURER B ,Keith and Schna.rs, P.A. 16500 North Andrews ii'rYCnue INSURERC: iN5URERL?;� INSURE R E.: _....._.. _.. Ft. Lauderdale FL 33309-2132 INSURER F: COVERAGES CERTIFICATE NUMFIFi2.2011»2012 ncirtctr�wr wrr rerocn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL? CLAIMS. iNSR •--.-- _ ...." ',A 8 88UBFi•»`- LTR, TYPE OF INSURANCE j INr r .`""'-_...-.._._...»._._.—._._ ._..-._.._. PO4iGY EfF� POL.IGY EXP ....._�.—" POLICY NUMSER Pi{DDIYYYY I IVIM/DD/YYYY)' LIMITS QENERAL LIABILITY 1 EACH OCCURRENCE I Ct7MMEftCtAL GENERAL LIABILITY i �`'' _. i Ntals SE? gor1 _ G'F 4EM5dsAAOEI OCCUR I j MEO FiQ>{A✓:y OnB pElb9nJ _ $ _ S _......_. S ADV INJURY ' GILPERSONAL NELAGGREGAT� $ GEN'L AGGREGATE LIMIT APPLIES PER: PRt}DUC75 - COMPiOP AGG P POLICY �� ' R' �t LOC i _..._._._. ._ JEQ ( $ .,,.....__ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS 3i CHEISUL AUTOSI I 1 COMBINED SINGLE LIMIT (Ee aatdent) 1 BODILY INJURY (Per parson? BODILY INJURY (Per aws dons) $ $ $ HIRED AUTOS ' PROPERTY DAMAGE {Per aopiyont) __..i NON -OWNED AUTOS l +I J $ 1 I�--- UMBRELLA LIAe J OCCUR EXCESSAB LiT I CLAIMS -MADE EAGti OCCURRENCE ! �._ 3I AGGREGATE $ DEDUCTIBLE RETENTION $ ! I WORKERS COMPENSATION AND EMPLOYERS' UABIL TY YIN. i } WC STARTS OTH• XI EE PRORIER(EXCUTNE INOFFiGERJAFMBER EXCLUDED'? IA � EL.EACHACCIDENT JMandst" In NH} I } E.L. DISEASE . EA EMPLOYS tt Yyes, deseri+ae under -•- --- - DESCR(PT{ON OF OPERATIONS DOICw I E.L. DISEASE -POLICY LIMIT ! _...._._.._. $ g._... ...._.. S A !PROL`ESSTONAL LIABILITY H GG 609 22 27 13/1/2012 ;PER CLAIM staa,aoo AGGREGATE 1,000,000 DESCRIPTION OF OPERATONS / LOCATIONS 1 VEHICLES (Attach ACORD 301, AddItiona7 Re,narks Settedute, !i more $Paco IS required) FIE: x&S #t17923.XX/MONROE COUNTY COMP PLAN UPDATE/MASTER PLAN Monroe County Marathon. Government: Center 2798 Overseas Highway Marathon, FL 33050 ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE t� tsFta.2nna ©rnrzn r~nl�wne�arene.l All �Ine.................. INS025 (20090s) The ACORD name and logo are registered marks of ACORD MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES TO UPDATE THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE THIS CONTRACT is made and entered into this /G -/- day of De C . 2 UC !, by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Keith and Schnars, P.A. ("CONSULTANT"), whose address is 6500 North Andrews Avenue, Ft. Lauderdale, FL 33309-2132. Section 1. SCOPE OF SERVICES The CONSULTANT shall do, perform and carry out in a professional and proper manner services and deliverables as described in Exhibit A, Scope of Services which is attached hereto and made a part of this contract. In Phase I, CONSULTANT shall produce a Technical Document which shall be the basis for Phase II, the Evaluation and Appraisal Report (EAR) and Phase III, the Amendments to the Comprehensive Plan. The EAR shall comport with all statutory and rule requirements of the State of Florida to provide the status of the County's Comprehensive Plan and needed revisions. Such revisions and amendments shall be performed in Phase III. Phase III also includes production of final Comprehensive Plan for the planning period of 2010 — 2030. CONSULTANT shall propose and make the changes to the Monroe County Land Development Code as a result of the amendments to the Comprehensive Plan and other recommended reorganization and restructuring to eliminate inconsistencies during Phase IV. Representations made in the Response to the Request for proposals furnished by the CONSULTANT are incorporated herein as though fully set forth unless modified by Exhibit A or approved by the County. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Provide all best available data and base maps as to the COUNTY'S requirements for Work Assignments. Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the t CONSULTANT. The CONSULTANT shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing the CONSULTANT'S services. 2.3 Perform such other functions as are indicated in Exhibit A. 2.4 Provide a schedule that is mutually agreeable to the COUNTY and CONSULTANT. Section 3. TIME OF COMPLETION The services to be rendered by the CONSULTANT for each Phase shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONSULTANT, attached to this contract as Exhibit B, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONSULTANT. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONSULTANT. Section 4. COMPENSATION 4.1 Compensation shall be as follows: Phase 1 $ 332,840.00 Phase II $ 229,990.00 Phase III $ 204,830.00 Phase IV $ 264,325.00 Total $ 1,031,985.00 The lump sum fees are broken down into Phases, Tasks and Subtasks as noted in Exhibit A. The fees include CONSULTANT expenses, reimbursables, and deliverables. 4.2 Payment shall be made at completion of each subtask, except for: 1) subtasks for meetings and; 2) subtasks requiring greater than two (2) months per Exhibit B. For these exceptions, payment shall be based on the percentage of completion of the subtask up to 90% of the subtask fee, with documentation submitted to project manager to verify percentage completion. The remaining 10% of the subtask fee shall be made upon completion of the subtask. 4.3 Because the work must be completed according to the Schedule shown on Exhibit B compensation shall be only for the amount of work completed, regardless of the cause of any delay. 2 Section 5. PAYMENT TO CONSULTANT 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONSULTANT must submit to the Project Manager, who will review the request. The Project Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONSULTANT in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONSULTANT shall submit invoices with progress report of activities on a monthly or otherwise regular basis, in accordance with the compensation terms specified in Section 4.1, until the work under this agreement is completed. These reports shall include the percentage complete for each "meeting" subtask being invoiced. 5.3 Subject to the provisions in 4.2, the COUNTY shall make payments to the CONSULTANT based on completion of each subtask in Exhibit A. 5.4 Continuation of this contract is contingent upon annual appropriation by Monroe County. Section 6. CONTRACT TERMINATION and RENEGOTIATION The COUNTY may terminate this contract with thirty days notice to CONSULTANT, and will compensate the CONSULTANT for work done to the date of notice. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the COUNTY terminates this Contract because of the CONSULTANT's failure to perform, then the COUNTY must pay the CONSULTANT the amount due for all work satisfactorily completed as determined by the COUNTY up to the date of the CONSULTANT's failure to perform but minus any damages the COUNTY suffered as a result of the CONSULTANT's failure to perform. The damage amount must be reduced by the amount saved by the COUNTY as a result of the Contract termination. If the amount owed the CONSULTANT by the COUNTY is not enough to compensate the COUNTY, then the CONSULTANT is liable for any additional amount necessary to adequately compensate the COUNTY up to the amount of the Contract price. In the event the scope of work for Phase IV is determined to be significantly less by the COUNTY, than what is listed in Exhibit A, the parties may re -negotiate the contract scope and payment to reflect the change. 3 Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to Exhibit A shall be authorized in a signed document (Work Order) or e-mail in accordance with the COUNTY's policy prior to any work being conducted by the CONSULTANT. Exhibit A contains optional services with listed prices which must be authorized in writing by the Project Manager. The Project Manager may authorize such extra services if determined necessary by the Division Director. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. 7.4 The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the work schedule. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be delivered or mailed to the addresses as follows: 4 To the COUNTY: Director, Growth Management Division c/o Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 And to: County Administrator Monroe County Gato Building 1100 Simonton Street Key West, FL 33040 To the CONSULTANT: Michael L. Davis, Vice President Keith and Schnars, P.A. 6500 North Andrews Avenue Fort Lauderdale, FL 33309-2132 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered by hand, or, if mailed, when deposited in the mails, certified mail, return receipt requested, or by courier with proof of delivery . Section 9. RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of the other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT. Section 10. OWNERSHIP OF DOCUMENTS AND INFORMATION COUNTY shall own all deliverables, and shall have sole rights to reproduce and sell any data or derivative information, and CONSULTANT shall have no copy right or right to sell the deliverables resulting from this RFP. COUNTY shall have the right to examine and use the work product of 5 CONSULTANT to verify calculations and authenticity of the information used to produce the final documents produced by CONSULTANT. Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 12. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONSULTANT, supplier, subCONSULTANT, or CONSULTANT under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This agreement is not subject to arbitration. Section 14. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and 6 provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 15. ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. Section 17. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 20. NONDISCRIMINATION COUNTY and CONSULTANT agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONSULTANT agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. s Section 21. COVENANT OF NO INTEREST COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bonafide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 24. PUBLIC ACCESS The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9 Section 25. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONSULTANT in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 28. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 10 Section 29. ATTESTATIONS CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Section 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES Prior to execution of this agreement, the CONSULTANT shall furnish the COUNTY Certificates of Insurance indicating the following coverages or in excess thereof: • Workers Compensation in the amount of statutory limits as specified in Florida Statutes 440. • Employers Liability with: $500,000 Bodily Injury by Accident; $500,000 Bodily Injury by Disease, policy limits; and $500,000 Bodily Injury by Disease, each employee. • General Liability (Premises operations, blanket contractual, expanded definition of property damage, products & completed operations, personal injury) with: $500,000 Combined Single Limit. Vehicle Liability with: ll $500,000 combined single limit per Occurrences/$500,000 Aggregate Professional Liability with: $500,000 per Occurrence; and $1,000,000 Aggregate. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONSULTANT is an independent CONSULTANT and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, CONSULTANTs, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent CONSULTANT the CONSULTANT shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONSULTANT. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 35. INDEMNIFICATION The CONSULTANT does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONSULTANT or substantial and unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this 12 paragraph. Further the CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to the the CONSULTANT. !egligent act of (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By'z q(2j"-Lkc - IQA5�� By Deputy Clerk Mayor Sylvia Murphy (CORPORATE SEAL) ATTEST: By Secretary/Treasurer Witness.&44?� Print Name: / /tv* Witness: '0, Print Name: DA,61-1'd L ye- MONROE COONTY ATTORNEY A"ROVEDA TO FORM KEITH AND SCHNARS By. Michael L. Davis, Vice President Date: &.40c xd-d 7 C* rn C3 -n C:) rn 13 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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. December 2, 2009 Task I 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....................................... $ 52, 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. Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 2.6 K&S will prepare monthly project progress reports. Task 2 Deliverables: • Meeting participation; • Meeting agendas; • Written meeting summaries; • Update project website; • General public/stakeholder outreach event; and • Monthly progress reports. Consultants Lump Sum Fee for Phase I 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. K� Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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. 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 (I I "x 17") and one reduced copy (8.5"x 11 ") 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................................................ $ 174, 730.00 4 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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. 4.3 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 (I I"x 17") and one reduced copy (8.5"xI 1") 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 5....................................... $ 40, 460.00 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 TOTAL LUMP SUM FEE FOR PHASE I .................................... $ 332,840.00 E Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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. L L 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 Il, 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. 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. 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; • 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......... ... ......... ... ............ $ 126,510.00 ON Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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. Consultants Lump Sum Fee for Phase II Task 2......... ... ... ... ... ......... ...... $ 14,260.00 7 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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... ...... ......... ...... ...... ...... $ 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 II Task 4................................. $ 16, 520.00 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 TASK 5 - DEVELOPMENT AND PREPARATION OF FIRST AND FINAL DRAFT EAR The purpose of this Task is to develop and prepare, in coordination with County staff, the first draft EAR in accordance with Chapter 163, F.S, and in a format prescribed by 9J-I I F.A.C. 5.1 The issues identified in Tasks I 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 draft 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; • Coordination of any future school locations, and an evaluation of successes and shortcomings in coordinating residential development and public school capacity; • List of changes need in the comprehensive plan due to changes in State law, regional plans and/or administrative rules, including all new statutory or rule requirements such as those specified by HB 697, SB 360 and 9J-5; and • Other issues as may be required by County staff. 5.4 K&S will organize and attend one (1) briefing of the BOCC on the final draft EAR. 5.5 K&S will organize and attend one (1) hearing of the Planning Commission (LPA) on the final draft EAR for the purpose of obtaining approval to transmit the Final Draft to DCA for courtesy review.. 5.6 Submit Draft EAR to DCA for courtesy review ninety (90) days before the required adoption date per DCA Handbook. Tasks I through 5.3 will result in the development of the first draft 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 briefings noted in Task 5.4 and 5.5, above, County E Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 staff and the DCA Courtesy Review, noted in Task 5.6, will be addressed prior to proceeding to Task 6. Task 5 Deliverable: • Meeting agenda; • Presentation materials; • Meeting participation; • Written summary of BOCC direction; • 1 electronic copy of the first draft EAR for preliminary internal staff review; and • 1 electronic copy and 20 hard copies of the final draft EAR for the Planning Commission and BOCC briefing noted in Tasks 5.4 and 5.5, above; and the DRC meeting and the Planning Commission (LPA) hearing noted in Task 6, below. Consultants Lump Sum Fee for Phase II Task 5....................................... $ 49, 500.00 TASK 6- PUBLIC HEARINGS ON PROPOSED EAR 6.1 K&S will attend and coordinate one (1) hearing before the Planning Commission (LPA). 6.2 K&S will attend and coordinate one (1) adoption hearing before the BOCC. The purpose of the Planning Commission (LPA) and BOCC hearings is to receive staff and public comments and obtain authority for the transmittal of the Proposed EAR to DCA and the other reviewing agencies to obtain a Finding of Sufficiency. Any and/or all comments received from the hearings will be addressed prior to mailing (Task 7). Task 6 Deliverables: • Meeting and hearing participation; • and • Report on direction from the hearings before the Planning Commission (LPA) and the BOCC. Consultants Lump Sum Fee for Phase II Task 6.................................... $ 3,600.00 10 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 TASK 7- MAILING OF ADOPTED EAR TO DCA 7.1 K&S will assist the County with the submission of the Adopted EAR to DCA and other reviewing agencies. Task 7 Deliverable: • The original, twenty (20) copies and two electronic files (as revised to address the Planning Commission, public and DRC comments) of the Adopted EAR will be provided to the County for transmittal to DCA and review agencies, and internal distribution. Consultants Lump Sum Fee for Phase II Task 7.................................... $ 2,040.00 NOTE: Phase II Tasks 8, 9 10 and 11 will only be required if the Adopted EAR receives comments or recommendations for changes from the DCA. TASK 8- RESPONSE TO DCA RECOMMENDATION & COMMENTS 8.1 K&S will review all recommendations and comments and prepare a written response to each item, if necessary. Tasks 8 Deliverable: • Written Response to DCA Recommendations and Comments. Consultants Lump Sum Fee for Phase II Task 8...................................... $ 3,170.00 * TASK 9- REVISE PROPOSED EAR 9.1 Based upon the comments received from DCA, K&S shall prepare revisions to the EAR, if necessary. 9.2 K&S shall submit the revised EAR to the County for review and approval. Tasks 9 Deliverable: • Revised EAR (1 electronic and/or three hard copies) for staff review. Consultants Lump Sum Fee for Phase II Task 9.................................... $ S, 320.00 * Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 TASK 10- PUBLIC HEARING TO ADOPT PROPOSED EAR 10.1 K&S will participate in one (1) Development Review Committee (DRC) meeting to review the proposed EAR. 10.2 K&S shall attend and coordinate the BOCC public hearing required by Florida Statutes for adoption of the revised Evaluation and Appraisal Report. Task 10 Deliverables: Report on direction from the hearing. One electronic and 10 hard copies of the draft EAR (as revised to address staff comments) for the DRC review and Board of County Commissioners adoption. Consultants Lump Sum Fee for Phase II Task 10 .............................. $ 1, 780.00 * TASK 11- MAILING OF ADOPTED PROPOSED EAR TO DCA 11.1 The revised adopted EAR will be submitted to the County for transmittal to DCA. Task 11 Deliverable: • 20 bound copies and 2 electronic files of the adopted EAR for transmittal and internal distribution. Consultants Lump Sum Fee for Phase II Task 11....................................... $1,600.00* Note: If further proceedings are necessary (e.g., mediation, ligation), 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) fbr additional events, at locations as selected by the County, to obtain feedback, encourage public participation and answer stakeholder questions. Consultant's Lump Sum Fee each event shall not exceed .............................. $9,960.00 Other Meetings/Hearings as Coordinated by the County: K&S staff (up to 2 persons maximum) attendance at additional meetings/hearings before the Planning Commission (LPA) or BOCC for all tasks included in this Phase. 12 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 Consultant's Lump Sum Fee each meeting/hearing shall not exceed............ $3, 760.00 TOTAL FEE for Phase II ......................................................... $ 229,990.00 * Tasks 8-11 fees ($11,870) not included in Phase II Total — but may be necessary if objections, comments, and recommendations report is received from Department of Community Affairs (DCA) 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 PIP as necessary. Task 1 Deliverables: • Meeting agenda; • Meeting participation; • Written meeting summary; and • Updated PIP. Consultants Lump Sum Fee for Phase III Task 1.................................... $ 5,580.00 TASK 2 — MEETINGS AND PUBLIC INVOLVEMENT 2.1 K&S will participate and coordinate meetings (in person and telephonically) with County staff two times per month for the duration of Phase III. 2.2 K&S will participate and coordinate (up to 4 two-hour) meetings with the Department of Community Affairs (DCA) during its informal and formal review process (telephonic). 2.3 K&S will update the project website monthly, at a minimum. Tasks 2 Deliverables: • Meeting agendas; • Meeting and public event participation; 13 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 Written meeting and public event summaries, including DCA 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... ......... ... ... ... ... ...... ... ... $ 67,430.00 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 DCA, 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 11, F.S., Chapter 9J-5, 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 DCA, 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 six (6) meetings with the 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 five (5) meetings before the Planning Commission to review the draft amendments. Task 3 Deliverable: • Meeting agendas, as necessary; • Meeting participation; • Meeting summaries, including directional items from the Planning Commission; and • 20 copies and I digital file, in final 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; impending statutory requirements; 14 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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.................................... $ 63, 870.00 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 two (2) public hearings 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, adoption and transmittal of the amendments to the DCA. Task 4 Deliverable: Hearings participation; Report on direction from the hearings before the LPA and the BOCC; 20 copies and I digital file of the proposed Comprehensive Plan Amendments in Final Ordinance and strikethrough and underlined format. Consultants Lump Sum Fee for Phase III Task 4.................................... $ 29, 820.00 TASK 5 - FOLLOW-UP AND MODIFICATION 5.1 K&S will analyze the DCA 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. 15 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 Task S Deliverables: Written response to the ORC addressing each item; and 20 copies and I digital file of the final Comprehensive Plan Amendments, in strikethrough and underline format, for adoption and enactment. 1 digital file and 20 tabbed copies, 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................................. $ 38,130.00 Note: If further proceedings are necessary (e.g., mediation, ligation), 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 each event shall not exceed ...... ... ......... ............ $9,960.00 Other Meetings/Hearings as Coordinated by the County: K&S staff (up to 2 persons maximum) 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 FEE FOR PHASE III ................................................. $ 204,830.00 16 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 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 PIP as necessary. Task 1 Deliverables: • Meeting agenda; • 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 • Recommendations and Revisions Analysis Report (20 copies and 1 electronic file). 17 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 Consultants Lump Sum Fee for Phase IV Task 2................................... $ SS, 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 16 meetings), either in person or via telephone, with County staff to discuss the status of the project and to solicit comments and feedback. 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. Task 3 Deliverables: • Meeting agendas, as necessary; • Written meeting summaries; • Monthly progress reports; • General public outreach event; and • Project website update. Consultants Lump Sum Fee for Phase IV Task 3.................................... $ 76,100.00 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 Comprehensive Plan; the EAR.; the Strategic Regional Policy Plan; Chapter 380 and Chapter 163, Part II, F.S.; Chapter 9J-5 F.A.C. 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 DCA 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: 18 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 • DCA Informal Review • 20 copies and I 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 TASK'? - PUBLIC HEARINGS 7.1 K&S shall present the final land development code at a public hearing before the Planning Commission and two (2) public hearings before the Board of County Commissioners for adoption and enactment. Task 7 Deliverables: 19 Monroe County Comprehensive Plan Update SCOPE OF SERVICES — EXHIBIT A Monroe County and Keith and Schnars, P.A. December 2, 2009 • Hearing participation; • Presentation materials; and • Hearing summaries. Consultant's Lump Sum Fee for Phase IV Task 7.................................. $ 6,800.00 Note: If further proceedings are necessary (e.g., mediation, ligation), 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 each event shall not exceed ... ... ............ ............ $9,960.00 Other Meetings/Hearings as Coordinated by the County: K&S staff (up to 2 persons maximum) 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............ $3, 760.00 TOTAL FEE FOR PHASE IV ...................................................$ $264,325.00 TOTAL LUMP SUM FEE ..................................................$ $1,031,985.00 20 �i� a� N a s CD a c m D Monroe County• • Plan Updats, Phase January 2010 One Task 1.1 80 $13,570.00 $0 $0 $0 $52,C $0 $0 $0 $0 $0 $65,° $0 $0 $0 $0 $0 $174,', $0 $0 $40,4 $3321 1.2 76 $11,020M 1.3 60 $5,900.00 1.4 215 $21,600.00 2.1 135 $19,875.00 2.2 58 $6 950.00 2.3 1 44 $5,900.00 2.4 113 $11,320.00 2.5 102 $12,920.00 2.6 67 $8,595.00 3.1 386 $72 880.00 3.2 335 $55,260.00 3.3 102 $14,880.00 3.4 66 $10 430.00 3.5 73 $10,790.00 3.6 69 $10,490.00 4.1 192 $29 620.00 4.2 28 $4140.00 4.3 52 $6 700.00 �_Aprfl2011 TO s for Phase One 2253 5332 840.00 Aprl12010 Two July 2011 1.1 74 $12 395.00 $0 $0 $0 $0 $126,! $0 $0 $14,2 $17,5 $0, $16,5 $0, $a $0. $0. $0. $49;5 $0. $3,6C $2.04 $2291 1.2 191 $22 840.00 1.3 384 $57 675.00 1.4 28 $4,640.00 1.5 334 $28 960.00 2.1 74 $11 000.00 2.2 21 $2 420.00 2.3 7 $840.00 3.1 128 $17 560.00 4.1 56 $8,260.00 4.2 56 $8 260.00 5.1 80 $10,810.00 5.2 77 $11000.00 5.3 107 $15,610.00 5.4 38 $5,170.00 5.5 34 $4 870.00 5.6 12 $2,040.00 6.1 18 $2 060.00 6.2 12 $1 540.00 7.1 12 $2 040.00 Totals for Phase 71vo 1743 $229 990.00 8.1 9.1 Two (Resubmit)" 9.2 10.1 10.2 Oecamber 2011 11.1 22 $3,170.00 $3,17 $0, $5,2; $0. $1,7E $1,6C $11,71 28 $3,710.00 11 $1 520.00 5 $940.00 5 $840.00 7 $1 600.00 Totaf s for Phase Two 78 $11 780.00 June 2011 Three MAY 2012 1.1 15 $3 640.00 $0, $5,58 $0. $0, $67,4; $0, $0. $0. $63,8' $0, $0. $29,8; $0. $38,1; $204,8 1.2 20 $2 040.00 2.1 321 $45 500.00 2.2 31 $4 510.00 2.3 182 $17,420.00 3.1 154 $23 210.00 3.2 168 $25 380.00 3.3 49 $6,960.00 3.4 59 $8 320.00 4.1 159 $25,300.00 4.2 14 $1 260.00 4.3 20 $3 260.00 5.1 182 $26 210.00 5.2 75 $11920.00 Totals for Phase Three 1449 204 830.00 November 2011 1.1 68 $12,496.00 $0. $14,5; $0. $0. $55,6 to 1.2 20 $2 040.00 2.1 248 $35,220.00 2.2 43 $6 020.00 2.3 89 $14,440.00 3.1 560 $42.200.00 I Producer! Ames & Gough, Inc. 8300 Orce nowo Drive, Suite 990 McLean, VA 22102 (703)927-2277 To- MONROE COUNTY MARATHON QOVERNMRNT CENTER 2798 OVERSEAS HIGHWAY MARATHON, FL 330" CONTWENTAL CASUALTY COMPANY (C NA.) As set forth below, the named insured has in faree, an the date indicated, a polhey of Arehit CWEngUx= Professional And Pollution incident Liability insunu►ce with a limit of liability of not less than the atriount indicated. Name of insured: KEITH AKD SCHNAR.S, PA Address of Insured 6W NORTH ANDREWS AVENUE FT. LAUDERDALE, FL 33309-2132 Policy Number. AER 00 6N912 27 Instuawe Company CONTINENTAL CASUALTY COMPANY (CNA) ARCMMCTS/ENGiNFXRS PRROFESSIONAL AND PO LLLIT'ION INCMENT LIA$nXN This certificate is issued as a maua of information only and confers no rights upce the holder. By its Inuanee, it does Dot alter, change, modify or extwd the gravisiOw of said lacy and does not waive any n9W thereunder. Policy Period: 3titUff TO 3/1/2014 Limit Of Liability - Per Claim: s3110,ee0.81 Limit of Liability - An" A99 Mate: AMU & GOUGH I NSURANCFJPJSX MANAGEMENT, INC. Banbtnra A� Sable 307 0-1! Tn 218AA ACO-R-D. CERTIFICATE OF LIABILITY INSURANCE °"12/it/20 PRODUCER soitlia i700 Sawth Aadro m Av "ne, suite 300 Fert LSuderdaio FL 39909 Tm CERTIFICATE fS WSUEO a A MATTER OF ONLY AND CONFER$ NO ROOM" UPON THE HOLD&R. THI$ CEATi WATE DOES NOT AMEND, TER TIfE COV QE AFFORDED BY THE POLCCi WPORMATKlN CERTIFICATE EXTEND OR LOW. t 994$ 930-0100 1954) 930-SS66 _ tN$URER$ AFfa?ROMIG COVERAGE NAIC M MS IRA It. Paul Firs G.MEIAS 24767 OA!>iI� �NetA�RO TrarR3E{•_YndamoiEy Co of,CT Keith and selmare, P. A. 35f _ sets Oak Piro MEL& ce Co— 2si13 6500 1Potth ADdsaws Av"uM IMU RERO: Ia*. Cq_ 011 A* /tat* of PA 19429 Ft, Lauderdale FL 31309 _ OJSLstERE; i * It Ll a 4 THE POLICIES OF Mi$URAftcE USTED BELOW RAVE BEEN WRIED TO THE INSURED NAMED ADM MR THE POLICY PERM M OFCATED. NOIYMTHSTANDING ANY ROQUAgMENT. TERM OR CO14DIYION OF ANY CONTRACT OR OTHER DOCUMENT MTN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POL098 DESCRIBED HEREIN 19 SNiJECT TO ALL THE TCRM& EXCLUSIONS AND CONOnxm OF SUCH POLICIES. AGGREGATE LIMITS SHOW MAY HAVE BEEN REDUCED BY PAID CLAIMS. - � _ — - POLMY RUYSE31 LIMITS B OE11EW4l. LIA9MlTI' J COMMERCLKGENERALUAOKITt CI AIMf MADE t s , OCCUR Z C—WTR1CI9AL LIAa. tdi0-193K5294-T[T-0! •114/2009 0/14/2010 EfCP4 __. s ■ 1 s 300,000 MEO if tAg—w t S 8 44soNALiALRIluURV 1 1.000,out S 2 000 006 x J x4m Rtyad lvmw FD GENERAL Atif.'i .It— -._ 00C AGMEUTE MIT APPUEC PER; iioucy LOC a9-COMPIOP AGG s _ 2, 000, 000 C AUTOMOBU A _ x z LIAGR YY ANY AUTO ALL 004W AUTOS 1CHeDULBD AUTO! h4R90 AUTOS 40*0 8AUTos F010-2909*594-COP-09 s/14/2009 %� V 4/14/2010 I C 8019KE UMT � ioOILY ow" OI'r OrnoAS ,,1r000,006 s ( � ) I s PROPERTY ooMAcE O'sraneAn4 _— s pARAO*LlAPMTY ANY AUTO- ((�� MOO MY-4A ACCIDENT s MJTO CNLY A j ,yA UASI ITV K OCCUR FICLMMSMADE OtOYCTIiL e RETENTION 1 OK06063364 9/24/3009 0/14/2010 R NCE 5 5,000,000 AOORQIM76 s 6,000,000 T_ /_CSt-OPD mm 1 51009,040 s 0 D MORKIRS00006111SAYOVAM0 rf.j �i OG RAAEiASHi. EACLUDOtrI WC5004011 12/X/2009 12/1/2010 KITSILUT&I_ _,.. _... 1, 000, 000 IToqfpA 6.t EACH AClEN1 EL OWEAOE -EA E FOL Y LINT i S 1, 000, e00 i 24294,909 R I OTIIMI T4ull%= swumzxs LIARILZTS F12ULKS97-3061-03 i 12/1/2009 12/l/2610 �ID$1.see. r OR =` 0 MR DUCRPTTCN OF OP4R WWA I LOOATIGRI<I YMK: U I SXCW MW A000 BY B40ORSEM6NT (I GCL%L PROVIAMM XUAROK COUNTY BOARD OF COUNTY 00TOQ94100=0 AS COETA CTOR LB AN AD02TIONAL ZNSIIRKD 19 RR$PRC'EB GINKRAL AND AVW LI31A2LI7! AS R20TRRD BY MRITTSR CONTRACT sTR JWT TO TRB TMIS, COMTl%M 5 ARD excLuslon OF In PDLTCF. llidA.D A/fY 0/ YM* AeDVr osscwrsoPOLlfals i dUICiJ.iO i� T1iE E79MIATIOu lCOOM'l! emu OF COlt1TTY DAM VNIONOF, Nis: WWM4 WIRI 0R VRLL 9WAVOR TO MAR. �0 DAYS VO TT00 coows eRlfXIaLDYf1RP MQTIC$ Yp TIIS c01tT1fICATR MOLDOt MATED TO TMR LEIK, BUT PAa.URT: to aD SO NBALL 2798 ovznsrAS RMT /400 M4PO4E no OOLmAT'ION OR L "LffY OP AMT Xwo wm TMI IMO q%K I!9 408m OR 11"ATRON FL 12050 Page 1 of 1 FIRST AMENDMENT TO r 1 t F O FOR RECORD` AGREEMENT FOR PROFESSIONAL SERVICES 2 t�q OCT 28 PM for KEITH AND SCHNARS, P.A. This First Amendment (Amendment) is made and entered into this tS14 day of Se�� 2010 to the Agreement dated December 16, 2009 (Agreement) between Keith and Schnars, P.A. (Firm), 6500 North Andrews Avenue, Ft. Lauderdale, FL 33309-2132 and Monroe County, a political subdivision of the State of Florida (County), Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050. WITNESSETH: WHEREAS, County and Firm agree to continue the services as described in the Agreement dated the 160' day of December, 2009; and WHEREAS, the work program and deliverable schedule has been modified by Keith and Schnars to accommodate the need to have the Florida Department of Community Affairs affirm the methodology to be used to develop Monroe County's projected population; and WHEREAS, the amendment to Attachment `B" of the contract reflects the modified work program and deliverable schedule; and WHEREAS, No changes in services and fees are associated with this contract amendment; NOW, THEREFORE, the parties agree as follows: l . Monroe County Master Schedule — Attachment `B" shall be amended as attached. remaining terms of the Agreement entered into on December 16, 2009, not inconsistent shall remain in full force and effect. 'kS WHEREOF, the parties have executed this First Amendment s BOARD OF COUNTY COMMISSIONERS KOLHAGE, CLERK OF MONROE CO Y, FLORIDA .Gem. . ia t Clerk Mayo SylvJ. Murphy Keith and A. Michael L. Davis Title: Vice President Date:____��� SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES for KEITH AND SCHNARS, P.A. This e and Amendment (Amendment) is made and entered into this' GV`� ®AA�� , 2010 to the Agreement dated December 16, 2009 (Agreement) betweenday th of and Schnars, P.A. (Firm), 6500 North Andrews Avenue, Ft. Lauderdale, FL 33309-2132 and ,Monroe County, a political subdivision of the State of Florida (County), Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050. WITNESSETH: WHEREAS, County and Firm agree to continue the services as described in the Agreement dated the 16`h day of December, 2009; and WHEREAS, the work program and deliverable schedule has been modified by Keith and Schnars to accommodate the need for Attachment "B" to be consistent with the contract scope of work; and WHEREAS, no changes in services and fees are associated with this contract amendment. NOW, THEREFORE, the parties agree as follows; I . Monroe County Master Schedule -- Attachment `B" shall be amended as attached. ining terms of the Agreement entered into on December 16, 2009, not inconsistent 11 remain in full force and effect. , the parties have executed this First Amendment, r s` BOARD OF COUNTY COMMISSIONERS OLHAGE, CLERK OF MONROE COUNT LORIDA Deputy Jerk yor Sy is J. Murphy a _:r Cff crt r Wffiidss _ cz or`., tj. — Witness Keith anWar P.A.QQ de Michael L. Davis Title: Vice President Bate:--�A&+_ /,& EM ON FCOUNTY ATTORNEY PijOVED AS TO FOR Qk DATE (MM/DDNYYY) Aeon© CERTIFICATE OF LIABILITY INSURANCE to/zD/2Dlo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C N A CT NAME: S ei t l i n PHONE FAX 6700 N. Andrews Ave., Ste 300tp (954) 938-8788 LAIC No):(954) 938-8566 E-MAIL ADDRESS: ---_--_ —__---- ----- Ft. Lauderdale PL 33309 PRODUCER INSURED �INSURERA:St. Paul Fire & Marine _ 24767 Xeith and Schnars, P. A. rINSURERB:Travelera Indemnity Co of CT _ _25682 6500 North Andrews Avenue IINSURERC:Charter Oak Fire Insurance Cc 25615 Ft. Lauderdale FL 33309 INsu u :-Ins. Co. of the State of PA 19429 nweo w e±ee Pe011`1=11`ATe w luoeo. ,._... ... RFVISInN MI INIRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- ADUL INSR TYPE OF INSURANCE ,..SR LTR UB POLICY NUMBER MMMIDD� MMIDD/ EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000,000 i DAMAGE�R N + _ B X COMMERCIAL GENERAL LIABILITY P660-193X5294-TCT-10 8/14/2010 8/14/2011 ' pREMISESiEa_occurrence) $ 300,000 CLAIMS -MADE OCCUR - ! MED EXP (Any one person) j $ 10 , 000 -- X Contractual Liab. PERSONAL &ADV INJURY �S 1,000 000_ GENERAL AGGREGATE PRODUCTS - GOMPIOP AGG X XCU, Broad Form PD $ 2,000 000 $ 2,000,000 G AGGREGATE LIMIT APPLIES PER: _ }EN'L X POLICY -.. PRO- Lac JECT AUTOMOBILE LIABILITY CO BINEDt) SINGLE LIMIT $ 11000,000 rIEa— C I Xi ANY AUTO i I P820-290X8594-COP-10 8/14/2010 '.. 8/14/2011 BODILY INJURY $ --- ALL OWNED AUTOS (Per person) - - -- _ BODILY INJURY (Per accident) $ SCHEDULED AUTOS .. "�'-[ t PROPERTY DAMAGE _ X HIRED AUTOS i (Per accident , $ X NON -OWNED AUTOS - _ X A UMBRELLA UAS - X OCCUR QK06803864 8I14I2010 8/14/2011 EACH OCCURRENCE - --— - $ 5, 000 000 - - - EXCESS IJAB CLAIMS-MADE1 AGGREGATE $ 51000,000 DEDUCTIBLE PROD/CO-OPS AGG $ 51000,000 s RETENTION $ WORKERS COMPENSATION ff WC STATU- OTH- X ( ANDEMPLOYERS'UABILITY YIN WC5864967 12/1/2009 I12/l/2010 E.L. EACH ACCIDENT _ $ 1, 000 , 000 D ANY PROPRIETORlPARTNERlEXECU7IVE 'NIA OFFICER/MEMBER EXCLUDED? I ! -- "- '- (MandatarytnNH) if describe under-- E,L.DISEASE - EA EMPLOYE $ .,11000,000 yes, DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 S Mar t me Fsclp ayes F12141M697-3081-09 '12 1 2009 12 1 2010 ESL: $1,000,000 Any one Liability accident or illness DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: X&S #17923.XX, Monroe County Comp Plan Update Master Plan. Certificate holder, as Contractor, is an Additional Insured as respects General Liability when required by written contract subject to the terms, conditions and exclusions of the policy. Monroe County Board of County Commissioners 2798 Overseas Hwy Marathon FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD AC(:>RDV CERTIFICATE OF LIABILITY INSURANCE DATE(MM)°D""'"' lli. � 11/30/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Seitlin 6700 N. Andrews Ave., Ste 300 Ft. Lauderdale FL 33309CUSTOMER CONT ACT NAME: PHONEExti(954) 938-8788 AtC No: (954) 938-8566 E-MAIL PRODUCER ID #- INSURE S AFFORDING COVERAGE NAIC A INSURED Xeith and Schnars, P. A. INSURERA:St. Paul Fire & Marine , 24767 INSURERS :Travel or a Indemnity Co of CT !25682 6500 North Andrews Avenue INSURER C !Charter Oak Fire Insurance Co 125615 INSURERD:Ine. Co. of the State of PA 19429 Ft. Lauderdale FL 33309 INSURERE:IInderwriters at Llo ds INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE EXCLUSIONSTERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE ADDL U I POLtCY EFF POLICY EXP LTR' POLICYNUMBER MMIDDfYYYYI I (MMIDDfYYYYI LIMITS GENERAL LIABILITY �--1 EACH OCCURRENCE $ 1,000,000 XIDAMAGE MERCIAL GENERAL LIABILITY P660-193X5294-TCT-10 TO RENTED 8/14/2010 '.8/14/2011 PREMISES (Es Occurrence) $ 300,000 CLAIMS -MADE 1 X iOCCUR MED EXP(Any one person) I$ 10,000 X Contractual Liab, PERSONAL &ADV INJURY 1$ 1,000,000 �X XCU, Broad Form PD �. (�(1 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ! -- PRO- ©19 I 1PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY i� Jr i LOC I "� $ AUTOMOBILE LIABILITY : COMBINED SINGLE LIMIT C XIANY AUTO I P810-290X8594-COF-10 8/14/2010 1 (Ea accident) $ 11000,000 I8/14/2011' BODILY ALL OWNED AUTOS INJURY (Per person} $ SCHEDULED AUTOS BODILY INJURY (Per accident) S X HIREDAUTOS PROPERTY DAMAGE (Per accident) I $ NON -OWNED AUTOS I $ 'S X I UMBRELLA LIAB X OCCUR I A `—� QK06803854 EXCESS LIAR 8I14/2010 8/14/2011 EACH OCCURRENCE I $ 5,000,000 CLAIMS -MADE I AGGREGATE Is 5,000,000 �I DEDUCTIBLE PROD/CO-OPS AGG `. s 51000, 000 RETENTION $ WARNERS COMPENSATION AND EMPLOYERS'LIABILITY I $ WC $TATU- OTH- 12/1/2010 112/1/2011 1 iWCS226685 D YfN ANY PROPRIETOR/PARTNER/EXECUTIVE IOFFICERtMEMBEREXCLUDED? NIA' ER E.LEACH ACCIDENT !$ 11000,000 I (Mandatory In NH) I If yes. describe under ! E.L. DISEASE - EA EMPLOYES $ 11000,000 DESCRIPTION OF OPERATIONS below $ E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 Maritime Employers F 2MIM697-3081-10 112 Liability I 1/2010 12/1/2011 CSL: $1,000,000 Any one iaccident or illness DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Anach ACORD 101, Addlbonal Remarks Schedule, If more space is required) Re: K&S #17923.XX, Monroe County Comp Plan Update Master Plan. Certificate holder, as Contractor, is an Additional Insured as respects General Liability when required by written contract subject to the terms, conditions and exclusions of the policy. Monroe County Board of County Commissioners 2798 Overseas Hwy Marathon FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v W -laoa-auva AGUKU I.;UKI'UKATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ,4lal. r'� CERTIFICATE OF LIABILITY INSURANCE 00.7E(MMlDOtY s/31/toi1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER CONTACT NAME: Ames & Gough 8300 Greensboro Drive Suite 9$0 PHONE (703) 827-2277 pJC No: (7D3)827-2279 A�""AIL PRODUCER .00002075 McLean, VA 22102 INSURE S AFFORDING COVERAGE NAIC e INSURED INSURERA:Continental Casualty CompanyCompaRy i20443 INSURER B Keith and SChnars, P.A. 6500 North Andrews Avenue INSURERC: WSURERD: INSURER E Pt. Lauderdale FL 33309-2132 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L{ U LTR I TYPE OF INSURANCE POLICY EFF POLICY EXP POLICY NUMBER ill DY MMIDDNYYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYDAMAGEPREMISES EACH OCCURRENCE $ TaiiEATEiS� ------ Ea occutrencet ` $ MED EXP (Any one person) ' $ CLAIMS -MADE r_'.. OCCUR ( PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ �GEIL AGGREGATE LIMIT APPLIES PER: POLICY I PRO 1 LOC ( PRODUCTS - COMPtOP AGG $ $ 1 AUTOMOBILE LIABILITY ANY AUTO ,..... I COMBINED SINGLE LIMIT ' (Ea accident) ..._._._ I BODILY INJURY (Per person) $ ALL OWNED AUTOS'': SCHEDULED AUTOS ,. BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ ~~ HIRED AUTOS i NON -OWNED AUTOS ( j 11 $ $ _ ( UMBRELLA LIA8 OCCUR I EACH OCCURRENCE is EXCESS LIAB CLAIMS-M�ADE"jI _ _ AGGREGATE Is $ DEDUCTIBLE I $ j RETENTION $ WORKERS COMPENSATION ANDEMPLOYERSEMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ( N I A i WC STATU- ! - ----- E.L. EACH ACCIDENT _$ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) Uyes describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A PROFESSIONAL LIABILITY 00 609 12 27 /1/2011 13/1/2012 PER CLAIM 500,000 4 (AGGREGATE 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space Is required) RE: X&S #17923.XX/MONROE COUNTY COMP PLAN UPDATE/MASTER PLAN Monroe County Marathon Government Center 2798 Overseas Highway Marathon, FL 33050 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Raise/BxARR2 - - — 1 01988-2009 ACORD CORPORATION. All rights racamiarl ilvouca (20090s) I no AL.LlKu name ana logo are registered marks of ACORD THIRD AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES with KEITH AND SCHNARS, P.A. This Third Amendment (Amendment) to the Contract for Professional Services dated December 16, 2009 between Monroe County (County) and Keith and Schnars, P.A. (Consultant) is made and entered into this 18t' day of May, 2011. WITNESSETH: WHEREAS, County desires to increase the scope of services under the existing contract to include services addressing and relating to the Environmental impact Statement (EIS) being done by the United States Navy (Navy) for Naval Air Station Key West (NASKW) and activities related to the National Environmental Policy Act (NEPA) ; and WHEREAS, the EIS, NEPA requirements, and subsequent related actions by the Navy may affect the military coordination and military installation compatibility components of the County s Evaluation and Appraisal Report and Comprehensive Plan Amendments or other statutory requirements in the Florida Statutes; NOW, THEREFORE, the parties agree as follows: 1. Exhibit A Scope of Services for Phase II shall be amended by the addition of the following: Task 12 — POLICY AND TECHNICAL SUPPORT ON THE NAS KEY WEST EIS AND RELATED STUDIES AND ACTIVITIES 12.1 K&S shall provide support to the County's Environmental Impact Study Oversight Committee (EIS Committee) and /or for all activities related to NASKW for NEPA issues affecting the County. This includes participation in EIS Committee meetings or other meetings as authorized by County. This support will be provided primarily by K&S Vice President Michael L. Davis. April 29, 2011 Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The maximum hourly rate shall not exceed $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. 2 April 29, 2011 12.6 The parties acknowledge that this task is not shown on Exhibit B and may exceed the time frame for Phase 11. 12.7 Task 12 fees shall not exceed Fifty Thousand Dollars ($50,000.00) and are not included in the Lump Sum Phase II total. The hourly fees include consultant's expenses and reimbursables other than the deliverables (materials) stated above. Travel outside of the state of Florida shall be reimbursed according to County policy and ordinance governing travel. REOF, the parties have executed this Third Amendment. '} BOARD OF COUNTY COMMISSIONERS ,z HAGE, CLERK OF MONROE U , FLORIDA Deputy Clerk Mayor Hea er hers Witrfess ^ f `rid Q.- �y rn cv) I-vJ cn April 29, 2011 KEITH AND SCHNARS, R.A. Michael L. Davis, Vice President Date Mot4FIoE COUNTY ATTO"EY D AS TO FORM: M. GRIMS 4AASS41STNTCQUNTY ATTORNEY 3 Date �j