Item J3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 16. 2009
Bulk: Item: Yes ----X- No
Division: GrowthManagement
Department: Planning and Env. Resources
Staff Contact: Christine Hurlev. AICP Ext. 2517
AGENDA ITEM WORDING: Approval of Professional Services Agreement with Keith & Schnars, PA to
Update the Monroe County Year 2010 Technical Document, Evaluation and Appraisal Report (EAR), EAR
Comprehensive Plan Amendments, and Land Development Code for a planning period of 20 10-2030 in the total
amount of $1,031,985.00 and authorizing the Growth Management Director to allow additional services at
specific fees if necessary.
ITEM BACKGROUND: The County is required to complete an Evaluation and Appraisal Report (EAR) of
the Comprehensive Plan every 7 years. The County EAR is due in August, 2011. The County Comprehensive
Plan is based on a planning period from 1990 to 2010. The Comprehensive Plan is based on technical data and
analyses commonly known as the Technical Document. The Technical Document is outdated and in need of
revision to complete the EAR, as well as the Comprehensive Plan for a new planning period of2010 - 2030.
The BOCC authorized a request for proposal in November, 2008 to select a professional consultant team to
assist the County Growth Management Division with completing:
-Technical Report (2010-2030) - due to be completed before scoping of EAR
-EAR - due to be completed by August, 2011 (If DCA finds EAR insufficient, additional services would be
needed with additional fees of$II,870.00)
-Comprehensive Plan Amendment - due to be completed by 12 - 15 months from sufficiency of EAR
-Land Development Code Amendments - to be completed, based on the EAR based Comprehensive Plan
Amendments and other reorganizational and code consistency objectives following adoption of the 2010-2030
Comprehensive Plan.
The BOCC selected Keith & Schnars (K&S) in September, 2009 to complete these services.
Staff has worked with K&S to develop a scope of services, timeline, and contract to complete the services
required (attached). This request is for the BOCC to authorize and approve the contract so this project can be
initiated and completed. The project is envisioned to be completed over a 4 year timeframe and includes various
statutory time linlits. The county has the ability to tenninate this contract with 30 days notice to consultant.
PREVIOUS RELEVANT BOCC ACTION:
11/19/08 - BOCC approved request to advertise RFP
9/16/09 - BOCC approved ranking of professional consultants, with Keith & Schnars being ranked #1
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $1.031.985.00 INDIRECT COST: n/a
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: $1.031.985.00 SOURCE OF FUNDS: 148-51000-530-340
REVENUE PRODUCING: Yes No x AMOUNTPERMONTH_ Year
APPROVED BY: County Ally -1L- ~lPurohasing _ Risk Management_
DOCUMENTATION: Included X NotRequired
BUDGETED: Yes ----X- No
DISPosmON:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Keith & Schnars P A Contract #
Effective Date: December 16, 2009
Expiration Date:
Contract Purpose/Description:
To update the Monroe County Year 2010 Technical Documen4 Evaluation and
Aonraisal Reoort (EAR), EAR Comnrehensive Plan Amendments and Land Develonment Code
for a planning period of 2010-2030.
Contract Manager: Christine Hurley, 2517 #11
AICP
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on December 16, Agenda Deadline: December, 1, 2009
2009
CONTRACT COSTS
Total Dollar Value of Contract: $ $1,031,985 Current Year Portion: $ $376,901
Budgeted? Yes[gl No 0 Account Codes: 148-51000-530-340-_
Grant: $ _- -_-_
CountyMatch:$ N/A - -_-_
- -
--
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
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Risk Management )aJtl~ YesO Nog/
O~JPurchasing ~ YesDNo-;{-
County Attorney /.,)-.s7Jj YesDNol2r c.f?u ~
Comments:
Date Out
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OMB Form Revised 2/27/01 MCP #2
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL SERVICES TO UPDATE THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
THIS CONTRACT is made and entered into this day of , 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. ("CONSUL TANT"), 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
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 I
Phase II
Phase III
Phase IV
Total
$ 332,840.00
$ 229,990.00
$ 204,830.00
$ 264,325.00
$ 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
5
CONSULTANT to verify calculations and authenticity of the information used to produce the final
documents produced by CONSULTANT.
Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf
any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the COUNTY may, in its discretion, terminate this
agreement without liability and may also, In its discretion, deduct from the agreement or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
Section 12. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not perform work as a CONSULTANT, supplier,
subCONSUL TANT, 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.
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Section 21. COVENANT OF NO INTEREST
COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
Section 22. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 23. NO SOLICITATION/PAYMENT
The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bonafide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 24. PUBLIC ACCESS
The COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONSULTANT in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONSULTANT.
9
Section 25. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY
and the CONSULTANT in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the COUNTY be required to contain any provision for waiver.
Section 26. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY, when
performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
Section 28. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONSULTANT agree that neither
the COUNTY nor the CONSULTANT or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
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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
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paragraph. Further the CONSULTANT agrees to defend and pay all legal costs attendant to acts
attributable to the sole negligent act of the CONSULTANT.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor Sylvia Murphy
(CORPORATE SEAL)
ATTEST:
KEITH AND SCHNARS
By
By
Secretary/Treasurer
Michael L. Davis, Vice President
Witness:
Date:
Print Name:
Witness:
Print Name:
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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 I-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 ofthe 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.
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Task 1 Deliverables:
. Meeting agenda;
· Kickoffmeeting 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 Feefor 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 web site 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.
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2.6 K&S will prepare monthly project progress reports.
Task 2 Deliverables:
. Meeting participation;
. Meeting agendas;
. Written meeting summaries;
. Update project web site;
. General public/stakeholder outreach event; and
. Monthly progress reports.
Consultants Lump Sum Feefor 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.
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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 (LP A) 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"xll") 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
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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"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 Feefor Phase I Task 5... ............... ......... ... ... ... ...$ 40,460.00
Optional Services (not included in total)
Additional Public Outreach Events: K&S staffwill 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 Feefor each event shall not exceed......... ...... ...... .., ...$9,960.00
Other Meetings/Hearings as Coordinated bv the County: K&S staff (up to 2 persons)
attendance at additional meetings/hearings before the Planning Commission (LP A) 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
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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 web site 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 Feefor Phase II Task 1...... ...... ... ... ... ...... ... ... ...$ 126,510.00
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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 Feefor Phase II Task 2... ......... ... .................. ...$ 14,260.00
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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 summanzmg, 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 Feefor Phase II Task 4... ...... ... ... .,..., ..' ...... ,..$
16,520.00
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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-11
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 ofthe 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
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staff and the DCA Courtesy Review, noted in Task 5.6, will be addressed prior to
proceeding to Task 6.
Task 5 Deliverable:
. Meeting agenda;
. Presentation materials;
. Meeting participation;
. Written summary ofBOCC 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 (LP A) hearing noted in Task 6,
below.
Consultants Lump Sum Feefor 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 (LP A) 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 (LP A)
and the BOCC.
Consultants Lump Sum Feefor Phase II Task 6...... ...... ...... ... ... .,. ...... ...$ 3,600.00
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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 Feefor 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 Feefor 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 Feefor Phase 11 Task 9... ... ... ... ... ... ............ ... ...$ 5,320.00*
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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 Feefor 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 staffwill 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 bv the County: K&S staff (up to 2 persons
maximum) attendance at additional meetings/hearings before the Planning Commission
(LP A) or BOCC for all tasks included in this Phase.
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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;
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. 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 web site.
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;
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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 (LP A) 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 (LP A).
4.3 K&S will participate and coordinate two (2) public hearings before the Board of
County Commissioners for the review, adoption and transmittal of the amendments
to the DCA.
Task 4 Deliverable:
. Hearings participation;
. Report on direction from the hearings before the LP A 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 Feefor 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.
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Task 5 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 Feefor 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 staffwill 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 bv the Countv: K&S staff (up to 2 persons
maximum) attendance at additional meetings/hearings before the Planning Commission
(LP A) 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
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Monroe County and Keith and Schnars, P .A.
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PHASE IV - REVISED LAND DEVELOPMENT CODE, INCLUDING
AMENDMENTS REQUIRED FOR CONSISTENCY WITH THE
COMPREHENSIVE PLAN
TASK 1- PHASE IV KICKOFF
1.1 K&S will meet with the project managers from the County to review work tasks
and project schedule, and establish expectations of Phase IV.
1.2 K&S will update the PIP as necessary.
Task 1 Deliverables:
. Meeting agenda;
. Written meeting summary; and
. Updated PIP
Consultants Lump Sum Feefor 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).
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Consultants Lump Sum Feefor 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 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 Feefor 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 ffild review meetings with County staff, K&S will
prepare amendments to the County's LDRs. The regulations shall be reorganized to
unify the various requirements and consolidate subject matter into a user-friendly,
simple to administer and enforce, land development code that will implement the
adopted Comprehensive Plan; the EAR.; the Strategic Regional Policy Plan;
Chapter 380 and Chapter 163, Part II, F.S.; Chapter 9J-5 F.A.C. and Rule 28-20
F.A.C; and conform with other applicable studies and plans.
4.2 During the drafting process, K&S will work closely with County Staff, the Planning
Commission, the Development Review Committee (DRC), the BOCC, the DCA
and other agencies as necessary, to assure that the amendments are acceptable and
to work through issues prior to submission to the County of the final amendments.
Task 4 Deliverable:
18
Monroe County Comprehensive Plan Update
SCOPE OF SERVICES - EXHIBIT A
Monroe County and Keith and Schnars, P .A.
December 2, 2009
. DCA Informal Review
. 20 copies and 1 digital file of the proposed LDR amendments.
Consultants Lump Sum Feefor 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 Feefor 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 Feefor 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 Meetinf!s/Hearings as Coordinated bv the County: K&S staff (up to 2 persons
maximum) attendance at additional meetings/hearings before the Planning Commission
(LP A) 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
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el an c nars . . u e
Phase Task #
January 2010 1.1 80 $13,570.00 $0.00
1.2 76 $11,020.00 $0.00
1.3 60 $5,900.00 $0.00
1.4 215 $21,600.00 $52,090.00
2.1 135 $19875.00 $0.00
2.2 58 $6,950.00 $0.00
2.3 44 $5,900.00 $0.00
2.4 113 $11,320.00 $0.00
2.5 102 $12920.00 $0.00
One 2.6 67 $8,595.00 $65,560.00
3.1 386 $72,880.00 $0.00
3.2 335 $55260.00 $0.00
3.3 102 $14,880.00 $0.00
3.4 66 $10,430.00 $0.00
3.5 73 $10,790.00 $0.00
3.6 69 $10,490.00 $174,730.00
4.1 192 $29,620.00 $0.00
4.2 28 $4,140.00 $0.00
Aprll2011 4.3 52 $6,700.00 $40,460.00
Totalfsl for Phase One 2253 $332 840.00 $332,840.00
Aprll2010 1.1 74 $12 395.00 $0.00
1.2 191 $22,840.00 $0.00
1.3 384 $57,675.00 $0.00
1.4 28 $4,640.00 $0.00
1.5 334 $28960.00 $126,510.00
2.1 74 $11,000.00 $0.00
2.2 21 $2,420.00 $0.00
2.3 7 $840.00 $14;260.00
3.1 128 $17,560.00 $17,560.00
Two 4.1 56 $8,260.00 $0000
4.2 56 $8,260.00 $16,520.00
5.1 80 $10,810.00 $0.00
5.2 77 $11,000.00 $0.00
5.3 107 $15610.00 $0.00
5.4 38 $5,170.00 $0.00
5.5 34 $4,870.00 $0.00
5.6 12 $2,040.00 $4!l,500.00
6.1 18 $2,060.00 $0.00
6.2 12 $1,540.00 $3,600.00
JulY 2011 7.1 12 $2040.00 ..... $2;040.00 ......
Totalfs) for Phase Two 1743 $229 990.00 $22U90.00
8.1 22 $3,170.00 $3,170.00
Two (Resubmit) ** 9.1 28 $3,710.00 $0.00
9.2 11 $1,520.00 $5,230.00
10.1 5 $940.00 $0.00
10.2 5 $840.00 $1,780.00
December 2011 11.1 7 $1,600.00 $1,600.00
Totat s for Phase Two 78 $11 780.00 $11,780.00
June 2011 1.1 15 $3,540.00 $0.00
1.2 20 $2,040.00 $5,580.00
2.1 321 $45,500.00 $0.00
2.2 31 $4,510.00 $0.00
2.3 182 $17,420.00 $67,430.00
3.1 154 $23210.00 $0.00
Three 3.2 168 $25.380.00 $0.00
3.3 49 $6,960.00 $0.00
3.4 59 $8320.00 $63.870.00
4.1 159 $25,300.00 $0.00
4.2 14 $1,260.00 $0.00
4.3 20 $3260.00 $29,820.00
5.1 182 $26210.00 $0.00
Mav 2012 5.2 75 $11,920.00 $38,130.00
Tota/ts) for Phase Three 1449 $204830.00 $204.830.00
November 2011 1.1 68 $12,495.00 $0.00
1.2 20 $2040.00 $14,535.00
2.1 248 $35 220.00 $0.00
2.2 43 $6,020.00 $0.00
2.3 89 $14 440.00 $55,680.00
3.1 560 $42,200.00 $0.00
Four 3.2 110 $14,720.00 $0.00
3.3 200 $19,240.00 $76,160.00
4.1 413 $84,940.00 $0.00
4.2 104 $14,400.00 $79,340.00
43 $6.850.00 $6,850.00
I 6.1 1 140 $24,960.00 $24,960.00
May 2013 7.1 39 $6800.00 $6.800.00
Monroe County Camp Plan Update
K 'th d S h P A B d t
.. Not Included in totals
Monroe County Task Budget
All Phases Compressed
EXHIBIT C