Item H5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2012 Division: Growth Management
Bulk Item: Yes X No _ Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley x 2517
AGENDA ITEM WORDING: Approval of the Sixth Amendment to the agreement for professional services with
Keith and Schnars (K&S), P.A., for additional services concerning identifying any potential deficiencies in the
County Comprehensive Plan policies and land development code relative to State regulations on mining operations,
including minimum permitting requirements for mines and the minimum legal requirements for remediation and
restoration after a mine is officially abandoned and increasing compensation by $7,500.00.
ITEM BACKGROUND: Keith and Schnars (K&S) was retained to update the County's Comprehensive Plan
Technical Document; complete an Evaluation and Appraisal Report (EAR) of the Comprehensive Plan; complete
Comprehensive Plan text amendments; and complete Land Development Code amendments. Part of that task is
responding to statutory requirements. While initiating Phase III of the contract (Comprehensive Plan update), the
County was made aware of potential additional or new regulations concerning mining operations. The 2010
Comprehensive Plan includes a policy that directs the County to develop and implement local reclamation
standards which shall be at least as stringent as the criteria and standards contained in Florida Statutes (F.S.). To
complete this task, the County needs additional research to determine existing State regulations pertaining to
Florida Department of Environmental Protection and South Florida Water Management District regarding mining.
The state mining regulations are external to the standard growth management legislation of Sections 163 and 380,
F.S. Through the contract amendment for additional services, K&S will compare the County Comprehensive Plan
policies and land development code to the State regulations with the goal of identifying potential deficiencies in the
County Comprehensive Plan policies and land development code. K&S will then provide recommendations on how
to reconcile differences between the Comprehensive Plan and the Land Development Code, and will complete these
updates through existing contract provisions in Phase III and Phase IV (Comprehensive Plan update and Land
Development Regulation update).
PREVIOUS RELEVANT BOCC ACTION:
December 16, 2009 — BOCC approved contract to update the Monroe County Year 2010 Technical Document,
Evaluation and Appraisal Report (EAR), Comprehensive Plan Amendments, and Land Development Code.
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.
August 17, 2012 - BOCC approved Amendment No. 4 amending Exhibit "A' Scope of Services and Exhibit "B" to
increase compensation $96,183.00, for additional 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).
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $7,500.00 Additional INDIRECT COST: BUDGETED: Yes _ No _
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $1,135,608.00 ( $1,128,108 + $7,500) SOURCE OF FUNDS: 148-51000-530340
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year
APPROVED BY: County Atty _ e OMB/Purchasing Risk Management
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: 06/20/2012
Expiration Date:
Contract Purpose/Description:
Amendment No. 6 to the contract with Keith & Schnars (K&S) for additional services
concerning mining operations, including minimum permitting requirements for mines
and the minimum legal requirements for remediation and restoration after a mine if
officially abandoned as well as identifying any potential deficiencies in the County
Comprehensive Plan policies and land development code relative to State regulations.
Contract Manager: Christine Hurley 2517 11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 06/20/2012 Agenda Deadline: 06/05/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ $1,135,608 (addition of $7,500.00)
Current Year Portion: $260,000 for Phase III
Budgeted? Yes® No ❑ Account Codes: 148-51000-530340-
Grant: $ N/A - - - -
County Match: $ N/A - - - -
Estimated Ongoing Costs: $ /yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
CONTRACT REVIEW
etc.
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑
Risk Ma ynt } w Yes❑ No
s
O.M.B./P asing ri Yes❑ No
County Attorney � / 14 Yes❑ No - ! —1
Comments:
OM13 form Revised 2/27/01 MCP #2
SIXTH AMENDMENT
to
CONTRACT FOR PROFESSIONAL SERVICES
with
KEITH AND SCHNARS, P.A.
This Sixth 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 , 2012.
WITNESSETH:
WHEREAS, Consultant was retained to update the County's Comprehensive Plan
Technical Document (Phase 1), complete an Evaluation and Appraisal Report (EAR) of
the Comprehensive Plan (Phase 11) , complete Comprehensive Plan Text Amendments
(Phase Ill) and EAR based Land Development Code amendments (Phase IV) over a
four year period; and
WHEREAS, the County has requested an amendment to the Contract to provide
assistance in creating and updating regulations specific to mining; and
NOW, THEREFORE, the parties agree that:
Section 1. The scope of services listed on Exhibit A of the contract shall be amended
as follows:
1. Under PHASE III — COMPREHENSIVE PLAN AMENDMENTS/
COMPREHENSIVE PLAN 2010-2030, add a new task:
TASK 6, Mining Regulations Consultation-K&S will summarize existing State
regulations (FDEP and SFWMD) regarding mining. K&S will compare the
County Comprehensive Plan policies and land development code to the State
regulations with the goal of identifying potential deficiencies in the County
Comprehensive Plan policies and land development code. K&S will provide
recommendations on how to reconcile differences between the Comprehensive
Plan (CP) and the Land Development Code (LDC). K&S will provide
recommendations on how to improve the CP and LDCs with respect to mining
operations, including minimum permitting requirements for mines and the
minimum legal requirements for remediation and restoration after a mine is
Amendment #6 Page I
officially abandoned. K&S will participate in up to three (3) teleconferences with
County staff. Scope does not include developing an inventory of existing or
abandoned mines. The update to the CP policies and LDC to address mining
permitting and reclamation determined through this consultation will be
completed based upon existing contract provisions and fees in Phase III and
Phase IV.
Consultants Fee for this task will be a lump sum ............................... $7, 500.00
Task 6 lump sum shall not exceed Seven thousand Five hundred dollars
($7, 500.00) and is not included in the Total Lump Sum Fee for Phase 111 total.
IN WITNESS WHEREOF, the parties have executed this Sixth Amendment.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
Deputy Cleric
Witness
Witness
Mayor David Rice
KEITH AND SCHNARS, P.A.
Michael L. Davis, Vice President
Date
Amendment #6 _ Page 2
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL SERVICES TO UPDATE THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
-14 A
THIS CONTRACT is made and entered into this 16 day of Dec. 200 /, 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
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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.
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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.
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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:
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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
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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.
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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.
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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.
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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:
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$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,-s,¢1� fregligent act of the CONSULTANT.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
OF MOONROE COUNTY, FLORIDA
By c�'J".�.X.0 . By
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
20
Secretary/Treasurer
Witness!/W4"�
K�
Print Name:
Witness: //
Print Name: DAL,6,*e- L4 ye -
MONROE CC4JNTY ATTORNEY
OVE AS RO FORM
Data:
Mayor Sylvia Murphy
KEITH AND SCHNARS
By
nMichael L. Davis, Vice President
Date: Awc- !1� 2 a d 7
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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 1 Deliverables:
• Meeting agenda;
• Kickoff meeting between County and K&S;
• Detailed Project Schedule;
• Information data base, updated throughout Phase 1;
• ICP;
• PIP;
• Written meeting summary; and
• Establish project website.
Consultants Lump Sum Fee for Phase I Task 1....................................... $ 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.
3
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 (11"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
5
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.
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.
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 II Task 3.................................... $ 17, 560.00
TASK 4- PUBLIC MEETINGS
4.1 The K&S Team will conduct one (1) presentation to the Planning Commission to
obtain feedback on the report generated during Task 3.
4.2 The K&S Team will conduct one (1) presentation to the BOCC. This presentation
will provide the BOCC with a "report card" of the Comprehensive Plan.
Task 4 Deliverable:
• Meeting agendas, if necessary;
• Meeting participation; and
• Written documentation of Commission and BOCC direction.
Consultants Lump Sum Fee for Phase 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 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 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 1 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
9
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 S 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 H 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.................................... $ 5, 320.00 *
11
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) 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 Alleetin-as/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 II, 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 1 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 A9eliverable:
• Hearings participation;
• Report on direction from the hearings before the LPA and the BOCC;
• 20 copies and 1 digital file of the proposed Comprehensive Plan Amendments
in Final Ordinance and strikethrough and underlined format.
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 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, 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 ldeetings/Hearin-as 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 I ,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:
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 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Fee for Phase IV Task 4....................................$ 79,340.00
TASK 15 -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 '7 - 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�
3
O
3
O
0
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O
C
E
D
Monroe County Comp Plan Update
Keith and Schnars_ P-A_ glldnPt
Phase
January 2010
One
April 2011
Task #
1.1
80
$13,570.00
$0.
$0.
$0.
$52,01
$0.
$0.
$0.
$0.
$0.
$65,51
$0.
$0.
$0.
$0.
$0.
$174,7
$0.
$0.
$40,44
$332,8
1.2
76
$11,020.00
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
$4,140.00
4.3
52
$6,700.00
Total s for Phase
One
2253
$332 840.00
Ap►il 2010
Two
July 2011
1.1
74
$12,395.00
$0.
$0.
$0.
$0.
$126,E
$0.
$0.
$14,21
$17,51
$0.
$16,5:
$0.
$0.
$0.
$0.
$0.
$49,51
$0.
$3,6C
$2,04
$229,9
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
$11,000.00
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
Two
1743
$229 990.00
8.1
9.1
Two (Resubmit)'k'� 9.2
10.1
10.2
December 2011 11.1
22
$3,170.00
$3,17
$0.
$5,22
$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
TO s for Phase Two
78
$11.780.00
June 2011
Three
May 2012
1.1
15
$3,540.00
$0.
$5,5E
$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
$11,920.00
Totals for Phase
Three
1449
$204830.00
Nevember 2011 1.1
1.2
2.1
2.2
2.3
3.1
68
$12,495.00
$0.
$14,5:
$0.
$0.
$55,61
$0.
20
$2,040.00
248
$35,220.00
43
$6,020.00
89
$14,440.00
560
$42.200.00
Producer!
Ames & Gough, Inc.
$300 Greeasbora Drive, &lite 960
McLeail,'VA 22102
(703)927-2277
TO:
MONROE COUNTY
MARATHON GOVLRNMENT CENTER
2799 OVERSEAS HIGHWAY
MARATHON, FL 330M
12/1t2009
CONTMENTAL CASUALTY COMPANY (CNA)
ARCffrMCi"S/ENGI MS PROFESSIONAL AND
pOLLLtnoW IFtCMEsNT LFABIi, iTY
As set forth belew, the named insured has in force,
data indicated, a policy of ArehitccWEngkmn Professional
And Pollution incident Liability insaw" with a limit of
liability of not less than the amount indicated.
Name of lawred:
KEII'lEi AND SCHNAM, PA
Address of Insured:
6MO NORTH ANDREWS AVENUE
FT. LA,UDERDA X FL 333W2132
PolicyNumber.
AEH 00 60912 27
Insur we Convany
CONTINENTAL CASUALTY COMPANY (CNA)
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This aerdiicate is issued as a Matta' of information only
and eoafars no rights uP08 the holder. By its issunnM it
does oot alter, change, modify or extend the pamris MB Of
said policy and does not wstrve any rights themmder.
Policy Period:
31112M TO 3/1/2019
Limit Of Liability - Per Claim.-
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S1ADOtko"I 0
AMENS & GOUGH
iNSURANCE/WSK MANAGEMENT, INC.
Ba>rbm A. Sable
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ACOR-D. CERTIFICATE of LIABILITY INSURANCE
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THM CERTFICATE IS ISSUED AS A MATTER OF
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Fart LFuder• FL 13309
(954) 930-6708 [9s4) 93B-8566
INSURERS AFFORDING COVERAGE
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Page I of 1
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Page I of 1
FIRST AMENDMENT TO Fi!-ECl FOR nLCORD
AGREEMENT FOR PROFESSIONAL SERVICES l0 OCT 28 PM 4 : 52
for
KEITH AND SCHNARS, P.A.
This First Amendment (Amendment) is made and entered into this /S'Aday 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:
1. 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.
;S WHEREOF, the parties have executed this First Amendment.
m
t
BOARD OF COUNTY COMMISSIONERS
KOLHAGE, CLERK OF MONROE COWY, FLORIDA
Clerk Mayo Sylvia tJ.M�urphy
Keith and A.
�- i
i
Michael L. Davis
Title: Vice President
Date:
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
for
KEITH AND SCHNARS, P.A.
This geaond Amendment (Amendment) is made and entered into this ae�day of
, 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 16°i 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;
1. Monroe County Master Schedule — Attachment `B" shall be amended as attached.
10 remaining terms of the Agreement entered into on December 16, 2009, not inconsistent
k.11 remain in full force and effect.
Y 11 HEKEOF, the parties have executed this First Amendment
BOARD OF COUNTY COMMISSIONERS
` OLHAGE, CLERK OF MONROE COUNT LORIDA
Deputy lerk yor Sy is J. Murphy
iq c-44&-0-._ Keith an ar , P.A�'��.
r` 2= With6ss
Michael L. Davis
Of
c r-
Witness
G
Li N
Title: Vice President
Date:_ /d . L,d /c1
EM
ON COUNTY ATTORNEYPOVED AS TO FOR
�
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 Il.
12.7 Task 12 fees shall not exceed Fifty Thousand Dollars ($50,000.00) and are not
included in the Lump Sum Phase II total. The hourly fees include consultant's expenses
and reimbursables other than the deliverables (materials) stated above. Travel outside
of the state of Florida shall be reimbursed according to County policy and ordinance
governing travel.
Deputy Clerk
F/,
Witness
1
o
rn
O_
ty
April 29, 2011
parties have executed this Third Amendment.
BOARD OF COUNTY COMMISSIONERS
OF MONROE U , FLORIDA
Mayor Hea er dVijthers
KEITH AND SCHNARS, P.A.
Michael L. Davis, Vice President
& 2, ii
Date
MO+AASSSISiTNT
PpRO p AS TO FORM*
M. �GRIMS
C QUN�Y ATTORNEY
Date '7
3
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 Mo a County County) and Keith and Schnars, P.A. (Consultant)
is made and entered into this / day ofZl; 2011.
WTTNESSETH:
WHEREAS, Consultant was retained to update the County's Comprehensive Plan Technical
Document (Phase I), complete an Evaluation and Appraisal Report (EAR) of the Comprehensive
Plan (Phase II), complete Comprehensive Plan Text Amendments (Phase III) and Land
Development Code amendments (Phase IV) over a four year period; and
WHEREAS, both County and Consultant underestimated the difficulty of establishing existing
conditions and the hours required and resources needed by both parties to complete Task 1 of
Phase I, including data collection and database resource development (Subtasks 1.2 and 1.3); and
WHEREAS, both County and Consultant did not realize the complexity and difficulty of the
analysis of the data, the difficulty of retrieval of records, the development of existing land use
data, and the development of population projections due to coordination with the Florida
Department of Community Affairs, all affecting the preparation of the Draft Technical
Document (Subtasks 3.1 and 3.2); and
WHEREAS, changes to one part of the Technical Document at any one point in time cascaded
to require re -drafting of other portions of the Technical Document resulting in many more hours
of re -analysis and re -drafting and re -review by both County and Consultant;
WHEREAS, during negotiations, County and Consultant based the original fee for Task 1 on
assumptions of availability of databases and information that were inaccurate;
WHEREAS, the project schedule established a certain timeframe for completion of the
Technical Document for Phase I; however, due to the issues noted above, the completed schedule
has been extended beyond the original the timeframe, thus impacting the completion dates for
the remaining phases of the project;
Amendment S4 August 17, 2011 Page 1
WHEREAS, adjustments to the number of monthly meetings and website updates in Phase II,
Phase III and Phase IV are required in order to accommodate the extended time, noted above;
WHEREAS, recent legislative changes made to Sections 163.3191 & 163.3184, F.S., have
impacted the process for preparing the Evaluation and Appraisal Report (EAR - Phase II) and the
Comprehensive Plan Amendments (Phase III), including the number of copies to be distributed
for external review;
WHEREAS, both County and Consultant sees the need for additional meetings for the Planning
Commission and the BOCC to review and discuss the EAR;
WHEREAS, after substantial completion of Phase I and II of the contract, House Bill 7207 was
passed by the Florida Legislature, revising the process and deadline for the evaluation of
comprehensive plans to determine if plan amendments are necessary to reflect changes in state
requirements;
WHEREAS, the Department of Community Affairs has notified the County that the County's
EAR. (Phase II) will no longer satisfy the requirements Section 163.319, F.S., if submitted prior
to the new deadline of May 1, 2014;
WHEREAS, the EAR is essential to evaluate and analyze the comprehensive plan as well as
identify major issues and policy alternatives for potential comprehensive plan amendments;
WHEREAS, adjustments to the contract schedule are essential in order to address the recent
statutory changes;
WHEREAS, the monthly meetings and the monthly website updates identified in each Phase of
the project are ongoing activities throughout the life of the project; and
NOW, THEREFORE, the parties agree that:
Section 1. The Scope of Work and lump sum compensation listed on Exhibit A of the contract
shall be amended as follows:
Phase I
• Phase I, Task 1 compensation shall be increased by Twenty Thousand Dollars
($20,000.00). Consultant's Lump Sum Fee shall be Seventy-two Thousand Ninety
Dollars ($72,090.00)
• Amendment due to the difficulty of establishing existing conditions and the hours
required and resources needed by both parties to complete this Task.
Amendment #4 August 17, 2011 Page 2
• Phase 1, Task 3 compensation shall be increased by Forty Thousand Dollars
($40,000.00). Consultant's Lump Sum Fee shall be Two Hundred Fourteen Thousand
Seven Hundred Thirty Dollars ($214,730.00).
• Amendment due to the complexity and difficulty of the analysis of the data, the
difficulty of retrieval of records, the development of existing land use data, and
the development of population projections.
• The Total Lump Sum Fee for Phase I is Three Hundred Ninety-two Thousand Eight
Hundred Forty Dollars ($392,840.00).
Phase II
• Phase II, Task 1 compensation shall be increased by Nineteen Thousand, Two Hundred
and Twenty-five Dollars ($19,225.00). Consultant's Lump Sum Fee for Task 1 shall be
One Hundred Forty-five Thousand, Seven Hundred and Thirty-five Dollars
($145,735.00).
• Amendment due to time extension and the addition of staff meetings to complete
the EAR.
• Phase II, Task 5 compensation shall be decreased by Two Thousand, Forty Dollars
($2,040.00). Consultant's Lump Sum Fee for Task 5 shall be Forty -Seven Thousand,
Four Hundred and Sixty Dollars ($47,460.00).
• Amendment due to the remove of tasks to be completed in the EAR which are no
longer statutorily required.
• Phase II, Task 6 compensation shall be increased by One Thousand, Eight Hundred
Dollars ($1,800.00). Consultant's Lump Sum Fee for Task 6 shall be Five Thousand,
Four Hundred Dollars ($5,400.00).
• Amendment due to the addition of a BOCC meeting to review the EAR.
• Phase II, Task 7 compensation shall be decreased by Two Thousand, Forty Dollars
($2,040.00). Consultant's Lump Sum Fee for Task 7 shall be zero Dollars ($0.00).
• Amendment due to the revision of Section 163.3191, F.S., deleting the
requirement to transmit an EAR to the Department of Community Affairs for a
sufficiency determination.
• Phase II, Tasks 8 through 11 have been deleted.
• Phase II, Tasks 8 through 11 were optional tasks and the associated fees were not
included in the Lump Sum Fee of Phase II.
• The Total Lump Sum Fee for Phase II is Two Hundred Forty-six Thousand, Nine
Hundred and Thirty-five Dollars ($246,935).
Amendment #4 August 17, 2011 Page 3
Phase III
• Phase III, Task 2 compensation shall be increased by Twenty-one Thousand, Five
Hundred Thirty-seven Dollars ($21,537.00). Consultant's Lump Sum Fee for Task 2 shall
be Eighty-eight Thousand, Nine Hundred Sixty-seven Dollars ($88, 967.00).
• Amendment due to the revisions of Section 163.3191, F.S., changing the County's
deadline to complete an evaluation and appraisal of the comprehensive plan and
the time extensions to complete these analyses.
• Phase III, Task 3 compensation shall be decreased by Six Thousand, Eight Hundred Eight
Dollars ($6,808.00). Consultant's Lump Sum Fee for Task 3 shall be Fifty-seven
Thousand, Sixty-two Dollars ($57,062.00).
• Amendment due to the deletion of meetings.
• Phase III, Task 4 compensation shall be increased by Seven Hundred Ninety-five Dollars
($795.00). Consultant's Lump Sum Fee for Task 4 shall be Thirty Thousand, Six
Hundred Fifteen Dollars ($30,615.00).
• Amendment due to additional copies of documents due to revisions of Section
163.3184, F.S.
• Phase III, Task 5 compensation shall be increased by One Thousand, Four Hundred
Twenty-five Dollars ($1,425.00). Consultant's Lump Sum Fee for Task 5 shall be Thirty -
Nine Thousand, Five Hundred and Fifty-five Dollars ($39,555.00).
• Amendment due to additional copies of documents due to revisions of Section
163.3184, F.S.
• The Total Lump Sum Fee for Phase III is Two Hundred Twenty-one Thousand, Seven
Hundred Seventy-nine Dollars ($221,779.00).
Phase IV
• Phase IV, Task 3 compensation shall be increased by Two Thousand, Two Hundred and
Eighty-five Dollars ($2,289.00). Consultant's Lump Sum Fee for Task 3 shall be
Seventy-eight Thousand, Three Hundred and Eighty-nine Dollars ($78,389.00).
• Amendment due to adjustments to the contract schedule due to statutory revisions
and the addition of staff meetings.
• The Total Lump Sum Fee for Phase IV is Two Hundred, Sixty-six Thousand, Five
Hundred and Fifty-four Dollars ($ 266,554.00).
Total
• The Total Lump Sum Fee compensation shall be increased by Ninety-six Thousand, One
Hundred and Eighty-three Dollars ($96,183.00). The Total Lump Sum Fee due for the
services performed under the contract as listed is One Million, One Hundred Twenty-
eight Thousand, One Hundred and Eight Dollars ($1,128,108.00).
Section 2. The revised contract schedule is provided in Exhibit B (attached) of the contract.
Amendment #4 August 17, 2011 Page 4
Section 3. The monthly meetings and monthly website updates for each Phase of the project are
not subject to the retainage requirements of Section 4.2 of the Professional Services Contract
between Monroe County and the Consultant.
Section 4. All other conditions of the contract entered into by the parties remain in full force and
effect.
IN WITNESS _HEREOF, the parties have executed this Fourth Amendment.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DANNY L: KOLAAGE, CLERK OF MONROE OUNTY, FLORIDA
Deputy Clerk Mayor He/her tap6thers - 1 7 I
KEITH AND SCHNARS, P.A.
Witness Michael L. Davis, Vice President
• W/Js Zet �i
Witness Date V
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MO E COUNTY ATTORNEY
PPROVED AST FORM
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 I Task 1........................................ $ 72,090.00
TASK 2 -MEETINGS AND PUBLIC INVOLVEMENT
2.1 For the duration of Phase I, K&S will participate in up to two (2) meetings per
month, either in person or via telephone, with County staff to discuss the
statusof the project and to solicit comments and feedback.
2.2 K&S will provide one briefing of the BOCC during Phase 1.
2.3 K&S will provide one briefing of the Planning Commission during Phase 1.
2.4 K&S will maintain and update the project website monthly, at a minimum.
2.5 K&S will conduct one (1) general public/stakeholder outreach event
/program during Phase 1.
This outreach event shall include a presentation at three locations, to be
determined at a later date with County input. As part of Task 1.4, K&S will
establish a specific event strategy that will include a Commissioner greeting
and comments at each location; County and K&S staff will be available to
discuss the upcoming activities, take feedback and answer questions.
2.6 K&S will prepare monthly project progress reports.
Task 2 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Update project website;
OA
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• General public/stakeholder outreach event; and
• Monthly progress reports.
Consultants Lump Sum Fee for Phase I Task ................................................$ 65,560.00
TASK 3 - DRAFT UPDATED DOCUMENT
3.1 K&S will analyze existing conditions to update the Comprehensive Plan
components listed below:
• Population and Housing;
• Community Facilities and Services, including the Public Education and the
Public Health Systems;
• The Capital Improvement Program;
• Wastewater, Solid Waste, Stormwater and Potable and Reclaimed Water
Services;
• Transportation, including Ports and Aviation services;
• Land Use;
• Planning Areas and the Areas of County Critical Concern;
• Coastal Management and Natural Resources;
• Economics and Employment; and
• Historic Structures and Sites.
The analysis will determine trends that are emerging; the suitability of
existing land use regulations, relevant growth management laws and rules,
public/private facilities and services to meet the changing needs of the
population; and, where public and/or private initiatives will be necessary to
maintain and improve services and facilities. This task shall involve an
examination of the intergovernmental organizations that the County
participates in with regard to regional affairs. The analysis will also identify
and evaluate the consistency among and between local plans, studies and
ordinances, as identified in Task 1.
3.2 K&S will prepare a Draft Technical Document, updated to the 2010-2030
planning period, meeting the requirements of 9J-5 F.A.C., Chapter 163.3177,
F.S. and Chapter 380.F.S. for each element. The Technical Document will
establish the appropriate level of standard for each service/infrastructure
and; will identify the projected needs, based upon population projections and
level of service standards, in five (5) year increments throughout the
planning period.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
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.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
4.3 K&S will participate in one (1) public presentation of the Final Technical
Document before the BOCC.
Task 4 Deliverables:
• Meeting agendas;
• Meeting participation;
• Written documentation of Commission direction items;
• DCA Courtesy Review;
• Final Technical Document Update (20 copies with 1 electronic file);
• One full size (11"x 17") and one reduced copy (8.5"x11") of each map; and
• All text, tables, charts, and maps provided in digital format. Mapping shall
be prepared in a format compatible with the County's GIS.
Consultants Lump Sum Fee for Phase I Task 4................................................$ 40,460.00
TOTAL LUMP SUM FEE FOR PHASE I .............................................. $ 392,840.00
Optional Services (not included in total)
Additional Public Outreach Events: K&S staff will utilize the Mobile Information
Station (MIS) for additional events, at locations as selected by the County, to obtain
feedback, encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee for each event shall not exceed................................$9,960.00
Other MeetingsfFlearings as Coordinated by the County: K&S staff (up to 2 persons)
attendance at additional meetings/hearings before the Planning Commission (LPA)
or BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting/hearing shall not exceed ............ $3,760.00
5
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
PHASE II - EVALUATION AND APPRAISAL REPORT (EAR)
TASK 1- ASSESSMENT OF MAJOR ISSUES AND PUBLIC INVOLVEMENT
The purpose of the public information workshops will be to discuss and receive
public input on the key local "major" planning issues that will be addressed in the
EAR.
1.1. K&S will meet with key County staff and officials to gather input on major
issues affecting the County.
1.2. K&S will coordinate and conduct three (3) public workshops, and prepare
presentation and handout materials for the workshops, which may include
comment sheets, descriptions of the EAR process, and mounted aerials.
1.3. For the duration of Phase II, K&S will participate in up to two (2) meetings
per month, either in person or via telephone, with County staff to discuss the
status of the project and to solicit comments and feedback (Originally 30 staff
meetings scheduled; addition of 10 staff meetings; for a total of 40 staff
meetings). This subtask is an ongoing activity and is not subject to the
retainage clause in Section 4.2 of the Contract for Professional Services
between the County and K&S.
1.4. K&S shall conduct other coordination efforts to include meetings with
elected officials, appointed officials, County staff, and other government
agencies, including the DCA.
1.5. K&S will update the project website monthly, at a minimum. Progress
reports shall include details of website updates completed every month. This
subtask is an ongoing activity and is not subject to the retainage clause in
Section 4.2 of the Contract for Professional Services between the County and
K&S.
Tasks 1 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Information data base, updated throughout Phase 2;
• Updated project website;
• Public involvement materials such as comment sheets and handouts
outlining the EAR process;
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• Presentation materials for workshops (e.g. PowerPoint presentation,
mounted aerials);
• An issues matrix providing details on the identified major issues; and
• Monthly progress reports.
Consultants Lump Sum Fee for Phase II Task 1....................................$ 145,735.00
TASK 2- INTERAGENCY SCOPING MEETING AND COMPILATION REPORT
Interagency coordination is a critical component to the success of the EAR process.
Agencies that are part of the coordination effort during this Task (and throughout
the process) will include, but not be limited to: adjacent municipalities; FDOT,
SFRPC, N.A.S. - Key West, SFWMD, Monroe County Public Schools, FKAA, National
Park Service, the DCA, and other agencies identified by County staff.
2.1 K&S will coordinate and conduct an interagency scoping meeting with adjacent
local jurisdictions and State, regional and county agencies to receive their
input on the key issues that have been identified, and to identify additional
issues that should be addressed. In addition, this meeting will serve as an
opportunity to identify and collect the data that needs to be received from
these agencies in order to conduct the EAR.
2.2 K&S will prepare a compilation report that summarizes all issues identified for
further research and updating. This report will be submitted to the County for
review and consideration.
2.3 After County approval, the compilation report will be provided to DCA in order
to receive a Letter of Understanding. Any and/or all of the issues identified in
this task will be addressed in the EAR document (see Task 5).
Tasks 2 Deliverables:
• Meeting participation;
• Meeting agendas;
• Written meeting summaries;
• Presentation materials for workshops (e.g. PowerPoint presentation,
mounted aerials);
• An Issue Compilation Report, composed of: a Scope of Work that outlines
the identified major issues, and the manner in which these issues and the
other EAR statutory requirements, will be addressed;
• An issues matrix providing further details on the identified major issues;
• Monthly progress reports.
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 II Task 2.......................................$ 14,260.00
TASK 3 - REVIEW AND EVALUATION OF THE COMPREHENSIVE PLAN
3.1 K&S shall perform a comprehensive review on an element -by -element basis
of the Comprehensive Plan in order to identify successes or shortcomings in
achieving the County's goals, objectives and policies and identify
goals, objectives and policies with old dates or out dated tasks.
Task 3 Deliverable:
• A report summarizing, in tables and text, progress in achieving the
Comprehensive Plan's objectives since the date of the last EAR and goals,
objectives and policies which include old dates or outdated tasks . This
report is not intended to be a stand-alone document, but will be
incorporated as a Chapter in the draft EAR (see Task 5 Deliverable).
Consultants Lump Sum Fee for Phase II Task 3.......................................$ 17,560.00
TASK 4- PUBLIC MEETINGS
4.1 The K&S Team will conduct one (1) presentation to the Planning Commission
to obtain feedback on the report generated during Task 3.
4.2 The K&S Team will conduct one (1) presentation to the BOCC. This
presentation will provide the BOCC with a "report card" of the
Comprehensive Plan.
Task 4 Deliverable:
• Meeting agendas, if necessary;
• Meeting participation; and
• Written documentation of Commission and BOCC direction.
Consultants Lump Sum Fee for Phase 11 Task 4..........................................$ 16,520.00
TASK 5 - DEVELOPMENT AND PREPARATION OF EAR
The purpose of this Task is to develop and prepare, in coordination with County
staff, an EAR Can evaluation and appraisal of the 2010 Monroe County
Comprehensive Plan).
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;
0 Written summary of PC and BOCC direction;
• 1 electronic copy of the EAR for preliminary internal staff review; and
a 1 electronic copy and 20 hard copies of the EAR for the Planning
Commission and BOCC meetings noted in Tasks 5.4 and 5.5.
Consultants Lump Sum Fee for Phase 11 Task 5.....................................$ 47,460.00
TASK 6 - FINAL PUBLIC MEETING ON -EAR
6.1 K&S will organize, attend and coordinate one (1) adoption meeting before
the BOCC.
The purpose of the BOCC hearing is to adopt the EAR.
Task 6 Deliverables:
0 Meeting and hearing agenda coordination;
• Presentation materials;
• Meeting participation; and
• 1 electronic copy of the EAR and 20 hard copies of the Final EAR for the
BOCC adoption hearing in Task 6.1.
Consultants Lump Sum Fee for Phase ll Task 6...............................$ 5,400.00
TASKS 7 and OPTIONAL TASKS 8, 9, 10, and 11 were deleted by the 4th
AMENDMENT to the SCOPE OF WORK (Exhibit A) on AUGUST 17, 2011.
TASK 12 - MILITARY COMPATIBILITY COORDINATION
12.1 K&S shall provide support to the County's Environmental Impact Study
Oversight Committee (EIS Committee) and for all activities related to
NASKW for NEPA issues affecting the County. This includes participation
in EIS Committee meetings or other meetings as authorized by County.
This support will be provided primarily by K&S Vice President Michael L.
Davis.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $215.00. The only materials billed shall be those
provided to the County or to others as authorized at the County's request.
12.2 K&S shall assist the BOCC, County Administrator and the EIS Committee
in the review and preparation of comments in response to the Draft (DEIS)
and Final EIS (FEIS) documents published by NASKW. This may include
organizing the County's review and comment response team and drafting
the official County response to Navy NEPA documents. Consultant shall
provide copies of all documents to County.
Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $215.00. The only materials billed shall be those
provided to the County or to others as authorized at the County's request.
12.3 K&S may use sub -consultants as appropriate to collect and analyze data from
the DEIS and FEIS. Specifically, K&S will utilize a sub -consultant to collect
and/or review noise data, including noise monitoring at various County
owned locations which may include: Stock Island, Rockland, Big Coppitt,
Shark Key, and/or Key Haven, as applicable to the 2007 AICUZ, review of the
Navy EIS, and/or EAR. Consultant shall provide a copy(ies) of any data and
analysis report from a sub consultant and one electronic copy.
Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $235.00. The only materials billed shall be those
provided to the County or to others as authorized at the County's request.
12.4 K&S as requested by the BOCC or County Administrator shall represent
the County with State and Federal agencies in matters relating to the
NASKW EIS.
Consultants Fee for this Subtask will be on a Time and Material basis, billed monthly. The
maximum hourly rate shall not exceed $215.00. The only materials billed shall be those
provided to the County or to others as authorized at the County's request.
12.5 Work performed under this Task (Task 12) shall not be subject to contract
provisions in Section 4.2 and are to be paid monthly with no retainage.
12.6 The parties acknowledge that this task is not shown on Exhibit B and may
exceed the time frame for Phase II.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Task 12 fees shall not exceed Fifty Thousand Dollars ($50,000.00) and are not included
in the Lump Sum Phase H total.
The hourly fees include consultant's expenses and reimbursables other than the
deliverables (materials) stated above. Travel outside of the state of Florida shall be
reimbursed according to County policy and ordinance governing travel.
TOTAL LUMP SUM FEE FOR PHASE1I............................................$ 246,935.00
Additional Public Outreach Events: K&S staff will utilize the Mobile Information
Station (MIS) for additional events, at locations as selected by the County, to obtain
feedback, encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee for each eventshall not exceed................................$9,960.00
Other Meetings/Hearings as Coordinated by the County: K&S staff (up to 2 persons)
attendance at additional meetings/hearings before the Planning Commission (LPA)
or BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting/hearing shall not exceed ............ $3,760.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
PHASE III -COMPREHENSIVE PLAN
AMENDMENTS/COMPREHENSIVE PLAN 2010-2030
TASK 1- PHASE III KICKOFF
1.1 K&S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase III.
1.2 K&S will update the Public Involvement Plan (PIP).
Task 1 Deliverables:
• Meeting agendas;
• Meeting participation;
• Written meeting summary; and
• Updated PIP.
Consultants Lump Sum Fee for Phase Ill Task 1.............................................$ 5,580.00
TASK 2 - MEETINGS AND PUBLIC INVOLVEMENT
2.1 K&S will participate and coordinate meetings (in person and telephonically)
with County staff two times per month for the duration of Phase III. This
subtask is an ongoing activity and is not subject to the retainage clause in
Section 4.2 of the Contract for Professional Services between the County
and K&S.
2.2 K&S will participate and coordinate (up to 4 two-hour) meetings with the state
land planning agency during its informal and formal review process
(telephonic).
2.3 K&S will update the project website monthly, at a minimum. Progress
reports shall include details of website updates completed every month. This
subtask is an ongoing activity and is not subject to the retainage clause in
Section 4.2 of the Contract for Professional Services the Monroe County
and K&S.
Tasks 2 Deliverables:
• Meeting agendas;
• Meeting and public event participation;
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• Written meeting and public event summaries, including the state land
planning agency recommendations and comments;
• Information data base, updated throughout Phase 3;
• General public/stakeholder outreach events; and
• Updated project website.
Consultants Lump Sum Fee for Phase III Task 2........................................$ 88,967.00
TASK 3 - PREPARATION OF DRAFT COMPREHENSIVE PLAN AMENDMENTS
3.1 Utilizing the recommendations contained within the EAR; and input gathered
through the public involvement process and preliminary meetings with the
state land planning agency, K&S will draft amendments to the Plan to
implement the goals of the County, that meets the requirements of Chapter
380 and Chapter 163, Part II, F.S., and Rule 28-20 F.A.C., and all other
applicable studies or plans. During the drafting process, K&S will work
closely with County staff, the Planning Commission, the Board of County
Commissioners, the state land planning agency, and other agencies as
necessary, to assure that the amendments are acceptable and to work
through issues prior to submission of the final amendments.
3.2 K&S will provide additional amendments to the Comprehensive Plan Policy
Document based upon the updated Technical Document and any impending
statutory requirements; and shall delete any goals, objectives and policies
which are out-of-date or no longer applicable.
3.3 K&S will participate and coordinate three (3) meetings with the
Development Review Committee (DRC) to review the draft amendments.
These expanded meetings will be a part of the regular bimonthly meetings
identified in Task 2.1.
3.4 K&S will coordinate and participate in three (3) meetings before the Planning
Commission to review the draft amendments.
Task 3 Deliverable:
• DRC meeting agendas--
0 Meeting participation;
• Meeting summaries, including directional items from the Planning
Commission; and
• 20 copies and 1 digital file, in draft ordinance and strikethrough and
underlined format, of the proposed Comprehensive Plan Amendments.
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Such amendments shall include those based upon the results of the
Evaluation and Appraisal report; the updated Technical Document;
impending statutory requirements; and, the deletion of, or revision to, any
goals, objectives and policies which are out-of-date or no longer applicable;
Consultants Lump Sum Fee for Phase III Task 3...........................................$ 57,062.00
TASK 4 - PREPARATION OF FINAL COMPREHENSIVE PLAN AMENDMENTS
4.1 Incorporating the comments and feedback received on the draft amendments
during Tasks 2 and 3, K&S will develop a final set of amendments in
underline-strikethrough to be reviewed during the public hearing process by
the Planning Commission (LPA) and the BOCC during both the transmittal
and adoption hearing process.
4.2 K&S will participate and coordinate one (1) public hearing before the
Planning Commission (LPA).
4.3 K&S will participate and coordinate two (2) public hearings before the Board
of County Commissioners for the review, transmittal and adoption of the
amendments to the reviewing agencies pursuant to 163.3184 (b)(1)(2) F.S.
Task 4 Deliverable:
• Hearings participation;
• Report on direction from the hearings before the LPA and the BOCC;
• 35 (15 for distribution to agencies identified under Ch. 163, F.S., and 20
copies for Monroe County use) copies and 1 digital file of the proposed
Comprehensive Plan Amendments in Final Ordinance and strikethrough
and underlined format for transmittal.
Agency and municipality comments are due to the County within 30 days
after receipt of a complete comprehensive plan transmittal package. Such
comments will be forwarded by the County to the state land planning agency
no later than 30 days after receipt of the complete transmittal package by the
state land planning agency.
Consultants Lump Sum Fee for Phase 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 Ill Task 5.........................................$ 39,555.00
TOTAL LUMP SUM FEE FOR PHASE III ..............................................$ 221,779.00
Note: If further proceedings are necessary (e.g., mediation, litigation), it is
anticipated that K&S will be available, pursuant to an amendment to this contract, to
provide additional services.
Optional Services (not included in total)
Additional Public Outreach Events: K&S staff will utilize the Mobile Information
Station (MIS) for additional events, at locations as selected by the County, to obtain
feedback, encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee for each event shall not exceed................................$9,960.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Other Meetings/Hearings as Coordinated by the County: K&S staff (up to 2 persons)
attendance at additional meetings/hearings before the Planning Commission (LPA)
or BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting/hearing shall not exceed ............ $3,760.00
17
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING
AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE
COMPREHENSIVE PLAN
TASK 1- PHASE IV KICKOFF
1.1 K&S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase IV.
1.2 K&S will update the Public Involvement Plan (PIP).
Task 1 Deliverables:
• Meeting agendas;
• Written meeting summary; and
• Updated PIP
Consultants Lump Sum Fee for Phase IV Task 1...........................................$ 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
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
• Recommendations and Revisions Analysis Report (20 copies and 1
electronic file).
Consultants Lump Sum Fee for Phase IV Task 2...........................................$ 55,680.00
TASK 3 — MEETINGS AND PUBLIC INVOLVEMENT
3.1 For the duration of Phase IV, K&S will participate in up to two (2) meetings
per month (for a total of 22 meetings), either in person or via telephone, with
County staff to discuss the status of the project and to solicit comments and
feedback. This subtask is an ongoing activity and is not subject to the
retainage clause in Section 4.2 of the Contract for Professional Services
between the County and K&S.
3.2 K&S will participate in one (1) general public outreach event/program
during Phase IV.
3.3 K&S will update the project website monthly, at a minimum. Progress
reports shall include details of website updates completed every month. This
subtask is an ongoing activity and is not subject to the retainage clause in
Section 4.2 of the Contract for Professional Services between the County and
K&S.
Task 3 Deliverables:
• Meeting agendas;
• Written meeting summaries;
• Monthly progress reports;
• General public outreach event; and
• Project website update.
Consultants Lump Sum Fee for Phase IV Task 3...........................................$ 78,389.00
TASK 4 - PREPARATION OF DRAFT LAND DEVELOPMENT REGULATIONS
4.1 Utilizing the results of the Tasks 2 and input gathered through the
community involvement process and scoping and review meetings with
County staff, K&S will prepare amendments to the County's LDRs. The
regulations shall be reorganized to unify the various requirements and
consolidate subject matter into a user-friendly, simple to administer and
enforce, land development code that will implement the adopted
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
Comprehensive Plan; the EAR.; Chapter 380 and Chapter 163, Part 11, F.S.;
and Rule 28-20 F.A.C; and conform with other applicable studies and plans.
4.2 During the drafting process, K&S will work closely with County Staff, the
Planning Commission, the Development Review Committee (DRC), the BOCC,
the state land planning agency and other agencies as necessary, to assure
that the amendments are acceptable and to work through issues prior to
submission to the County of the final amendments.
Task 4 Deliverable:
• The state land planning agency Informal Review
• 20 copies and 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Fee for Phase IV Task 4...........................................$ 79,340.00
TASK 5 -PLANNING COMMISSION HEARINGS/ INITIAL REVISIONS
5.1 K&S will present and provide an overview of the planning and regulatory
documents prepared in Task 4 at up to three (3) public hearings of the Planning
Commission; solicit the comments of the Commission members; and, develop a list
of the concerns and suggestions provided at the meetings. K&S will coordinate with
the County regarding public notice of the meetings.
Task 5 Deliverables:
• Meeting agendas, as necessary;
• Presentation materials; and
• Written meeting summaries.
Consultants Lump Sum Fee for Phase IV Task 5...........................................$ 6,850.00
TASK 6 - FINAL DRAFT ORDINANCES
6.1 Based on the comments provided in Task 5, K&S will prepare a final draft of
the proposed LDR amendments.
Task 6 Deliverable:
• 20 copies and 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Fee for Phase IV Task 6...........................................$ 24,960.00
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Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P.A.
Amendment, August 17, 2011
TASK 7 - PUBLIC HEARINGS
7.1 K&S shall present the final land development code at a one (1) public hearing
before the Planning Commission and two (2) public hearings before the
Board of County Commissioners for adoption and enactment.
Task 7 Deliverables:
• Hearing participation;
• Presentation materials; and
• Hearing summaries.
Consultants Lump Sum Fee for Phase IV Task 7...........................................$ 6,800.00
TOTAL LUMP SUM FEE FOR PHASE IV ..............................................$ 266,554.00
Note: If further proceedings are necessary (e.g., mediation, litigation), it is
anticipated that K&S will be available, pursuant to an amendment to this contract, to
provide additional services.
Optional Services (not included in total)
Additional Public Outreach Events: K&S staff will utilize the Mobile Information
Station (MIS) for additional events, at locations as selected by the County, to obtain
feedback, encourage public participation and answer stakeholder questions.
Consultant's Lump Sum Fee for each event shall not exceed................................$9,960.00
Other Meetings/Hearings as Coordinated by the County.• K&S staff (up to 2 persons)
attendance at additional meetings/hearings before the Planning Commission (LPA)
or BOCC for all tasks included in this Phase.
Consultant's Lump Sum Fee each meeting/hearing shall not exceed ............ $3,760.00
TOTAL LUMP SUM FEE...................................................................$ 1,128,108.00
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