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12/17/2008 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 6, 2009 TO: Andrew Trivette, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant Pamela G. Hancock, D.& FROM: At the December 17, 2008, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and GMR Aerial Surveys, Inc. for Professional Services for the development of a Geospatial Land Cover Dataset for the Florida Keys. Enclosed is a duplicate original of the above-mentioned for your handling. Please note that Section 32. Insurance Policies states that "within two weeks of execution of this agreement, or prior to commencing work, the Contractor shall furnish the County COL.. Please be sure to have the Contractor supply this insurance as required. Should you have any questions please do not hesitate to contact our office. cc: County Attorney Finance File CONTRACT MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES TO DEVELOP GEOSPATIAL LAND COVER DATASET FOR THE FLORIDA KEYS THIS CONTRACT is made and entered into this 17th day of December, by MONROE COUNTY ("COU NTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, and GMR Aerial Surveys, Inc. d/b/a Photo Science, a Kentucky Corporation with an office in St. Petersburg Florida, whose address is 10033 Martin Luther King Street, Suite 200, St. Petersburg, Florida 33716. Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner services and deliverables as described in the Scope of Services - Exhibit A - which is attached hereto and made a part of this agreement. Representations made in the Response to the Request for proposals furnished by the Contractor are incorporated herein as though fully set forth. 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 concemlng the Work Assignment. 2.2 Furnish to the CONTRACTOR 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 CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing the CONTRACTOR'S services. 2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter upon public and private property as reasonably required, and legally allowed, for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property, nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. 2.4 Perform such other functions as are indicated in Exhibit A. 2.5 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TIME OF COMPLETION The services to be rendered by the CONTRACTOR for each individual work order request 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 CONTRACTOR, attached to this contract as Exhibit B, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. The County shall own all deliverables, and shall have sole rights to reproduce and sell any data or derivative information, and Contractor shall have no copy right or right to sell the data set or derivative of the data set resulting from this RFP. Section 4. COMPENSATION 4.1 Compensation shall be as follows: Lump Sum $100,000.00 (See Exlblt B). Section 5. PAYMENT TO CONTRACTOR 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 CONTRACTOR must submit the request to the COUNTY 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 CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONTRACTOR shall submit progress report of activities on a monthly or otherwise regular basis until the work under this agreement is completed. 5.3 This contract is contingent upon appropriation offunds by Monroe County. Section 6. CONTRACT TERMINATION The COUNTY may terminate this contract with fifteen days notice to CONTRACTOR, and will compensate the contractor 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 CONTRACTOR's failure to perform, then the COUNTY must pay the CONTRACTOR the amount due for all work satisfactorily completed as determined by the COUNTY up to the date of the CONTRACTOR's failure to perform but minus any damages the COUNTY suffered as a result of the CONTRACTOR'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 CONTRACTOR by the COUNTY is not enough to compensate the COUNTY, then the CONTRACTOR is liable for any additional amount necessary to adequately compensate the COUNTY up to the amount of the Contract price. 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) in accordance with the COUNTY's policy prior to any work being conducted by the CONTRACTOR. 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. 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: 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 CONTRACTOR: G. Michael Ritchie GMRAerial Surveys, Inc 10033 Martin Luther King Street, Suite 200 St. Petersburg, Florida 33716 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 CONTRACTOR 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 each 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 CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the moneys were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR 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 11. 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 CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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 12. 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 CONTRACTOR 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 13. 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 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 CONTRACTOR 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 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR 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 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. 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 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. 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 CONTRACTOR 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 CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR 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 CONTRACTOR 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 A9reement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR 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 21. 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 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR 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 CONTRACTOR 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 23. PUBLIC ACCESS The COUNTY and CONTRACTOR 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 CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON.WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Fiorida Statutes, the participation of the COUNTY and the CONTRACTOR 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 25. 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 26. 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 27. 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 CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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. Section 28. ATTESTATIONS CONTRACTOR 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 29. 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 30. 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 31. 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 32. INSURANCE POLICIES Within two weeks of execution of this agreement, or prior to commencing work, the CONTRACTOR 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: $250,000 per Person; $500,000 per occurrence; and $50,000 property damage or $500,000 Combined Single Limit. . Vehicle Liability with: $100,000 per Person; $300,000 per occurrence; and $50,000 property damage or $300,000 combined single limit. . Professional Liability with: $500,000 per Occurrence; and $1,000,000 Aggregate. Section 33. INDEMNIFICATION The CONTRACTOR 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 CONTRACTOR or substantial and unnecessary delay caused by the willfui nonperformance of the CONTRACTOR 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 paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any ma~~- . I records, contracts, or other data that may be provided by the COUNTY or other ptlliti lie agencies. - 1.3 . ;({\5 ., .... " ,". : I. ,. ~ I<.{ :'./ BOARD OF COUNTY COMMISSIONERS fc.. " ..,,,~.If '< KOLHAGE, CLERK ~ Y, FLORID ~iF-J!. >rJ-..,~ Mayor George Neugent Witness BY~/'~.zZ G. Michael Ritchie PresidenVCEO GMR Aerial Surveys, Inc. ATTEST: Date: /Z-/z-p8 V<t"~.. ct~ ~Q..\L ~. Mt~/ Print name MONROE COUNTY ATTORNEY APPROVED AS- TO FORM: N~~/~ S .6N ~.~. GRIMSL~ ASS", AN~OU~TY ATTORNEY Oal. r -0 Cl l:! .c: n:: e ':.J ;~ !:I ~ <=> C ~.r: .... U r..~~ >.: ......, ..... 0::: < - ,-- c"_";';7: 0:: :::1'_==, C> <.D LOa I -J .C.' ~ ?: ~~; C 0 = ..0' W -, :::i (.) f......". er- G c, = ";" u.... c~ <.: ....... Exhibit A to Contract with GMR Aerial Surveys, Inc. d/b/a Photo Science Scope of Work Photo Science will provide Monroe County with professional mapping services using a well established methodology proven on similar projects within Florida and other similar projects throughout the United States. The delineation and classification of each land cover type will be performed by uniquely qualified photointerpreters who have strong backgrounds in natural resources and geography and who have an in-depth knowledge base of land use and land cover types specific to Florida natural systems, agricultural, as well as high density residential, commercial, and industrial areas. The SFWMD 2004-2005 FLUCCS dataset, along with the 1991 Advanced Identification (ADID) land cover feature class dataset referenced in the County's solicitation are ideal sources of collateral data that will be referenced throughout Photo Science's production work flow. During the photointerpretation process Photo Science will only reference the collateral data and not use any of the line work from these previous mapping efforts, (i.e., ADID, FLUCCS). Rather, the 2008-09 mapping effort will be compiled using only original line work with the possible exception of shoreline data. Photo Science will apply the County's New Potential Land Cover Categories classification summarized below. . Impervious Surface: surface which does not allow, or minimally allows, the penetration of water; included as examples are building roofs, normal concrete and asphalt pavements, and some fine-grained soils, such as clays. . Scarified Land: upland areas that have been cleared for development already developed and or once were cleared and have been left untouched since that stage allowing natural and exotic vegetation to re-vegetate. . Beach Berm: a sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and molluscs. The berm may include forested. coastal ridges and may be colonized by hammock vegetation. . Hammock: This was used to designate most of the upland and upland hammock vegetation found throughout the Keys that is naturai and generally undisturbed. . Pineland: an upland forest community with an open canopy dominated by the native slash pine composed of known species. . Exotic: Invasive exotic species include Melaleuca, Australian Pine, Brazilian Pepper, Leatherleaf and Sapodilla north of the seven mile bridge. . Scrub mangrove: Typically found in the lower Keys, coastal scrub mangrove of dwarf mangrove are dominated by known species. Plants are typically less than 5' tall. · Freshwater Wetland: wetland areas with either standing water or saturated soil or both where the water is fresh or brackish composed of known species. Some Freshwater Wetlands are isolated and therefore not subject to the MMU of 0.5 acres. Rather, photointerpreters will delineate them without regard to the MMU. . Salt Marsh Buttonwood Wetland: Transitional areas located between tidal mangroves and hammocks dominated by known species. . Mangrove: a wetland plant association subject to tidal influence where the vegetation is . dominated by Black, White or Red mangroves. . Water: All water bodies both fresh and tidal (saline). Photo Science shall capture land cover features at the MMU of 0.5 acres with the exception of isolated wetlands. Isolated wetlands will be mapped at even smaller MMU's. Photo Science proposes a vector land cover data set be compiled from source imagery at the determined MMU. Format will be an ArcGIS Geodatabase. Photo Science's work flow is summarized as follows: Note that Quality Assurance and Quality Control (QA/QC) procedures will be integrated through this work flow. . Kick-off meeting with the County . Collect and review collateral and source imagery . Set up computing environment . Data preparation . Photointerpretation (PI) . Field work . PI Update . GIS Processing . Metadata . Thematic Accuracy Assessment . Final Report . County Review . Project Close out Photo Science will provide the County with detailed progress reports on a monthly basis. All source materials received from the County will be controlled using a chain-of-custody documentation procedures which will track all source materials including the required referenced materials and optional referenced materials provided to the team by the County. Photo Science will produce a spatially, thematically and technically accurate ArcGIS 9.3 Land Cover geodatabase from the digital source imagery. The Land Cover dataset development will include documentation and metadata describing the methods and products. Photo Science will create a new land cover dataset that is correct in both classification and positional accuracy. Photo Science will create this dataset using uniquely qualified photointerpreters who have strong backgrounds in natural resources and geography and who have an in-depth knowledge base of Land Cover types specific to the Florida Keys natural systems, as well as high density residential and commercial areas. All of Photo Science's Photointerpreters assigned to this project will familiarize themselves with spectral signatures associated with the project work areas to gain the necessary knowledge to establish the decision rule criteria necessary for accurate and consistent photointerpretation. All of Photo Science's photointerpretation will adhere to a minimum mapping unit that meets or 0.5 acres (except wetlands isolated which will be mapped if seen on the imagery regardless of the MMU) or other MMU defined by the County. Photo interpreters will delineate and classify Land Cover with the appropriate classification. codes by utilizing the basic photo elements of shape, size, pattern, shadows, tone, texture, site. and color. These basic characteristics of photographic images provide distinct "clues" as to the proper classification of a mapping unit. Using collateral data, including input from the on-site field verification, our photointerpreters will be able to classify and delineate the land Cover features throughout the project area. Photo Science's photointerpreters shall be able to distinguish between and among subtle spectral signatures. Most of the land Cover features will be delineated and classified by Photo Science in a heads-up digital environment monoscopically. If, stereoscopic viewing is required Photo Science will do so using Socket Set soft copy photogrammetric workstations for on- screen stereo-viewing of 2006 pan-chromatic ADS40 imagery. Photo Science Photointerpreters will reference all appropriate collateral data along with input from County staff. This proposed approach follows standard aerial photography interpretation techniques that have been successfully used on similar inventories of large geographic areas. When using the 2006 ADS40 imagery, Photo Science photointerpreters will undoubtedly document discrepancies between the time of the source photography (2006) was taken and current (2009) ground truth field conditions. It is anticipated that many of these types of discrepancies between source imagery and ground truth will be associated with recent urban development on previously non-developed land. Although the source imagery typically takes priority on these types of situations, Photo Science photointerpreters will note the discrepancy and consult the County for advice. If during the photointerpretation and field verification effort Photo Science feels that modifiers to the classification system may apply, Photo Science shall make those recommendations to the County. Photo Science shall send samples of photointerpretation work to the County on a regular basis. Further, the County and Photo Science shall participate in a web conference at any time to view progress and to discuss the application of the County's classification system to the land cover features extracted from the source imagery. During the photointerpretation phase, aU unclassified polygons will be flagged by Photo Science for inspection in the field. Following a thorough review of all collateral data, the photointerpreters will select spectral signatures that represent various Land Cover codes that display "problem" or "low confidence" signatures. Photo interpreters will mark these features on the source photography for reference for a field site visit. Photo Science will also provide a narrative within the Final Report discussing probable reasons why a polygon may have been misclassified such as photo quality, signature variance, decisions rules, misinterpretations, mapping units or aggregation, etc. Field verification is a necessary component of a project of this scope and magnitude. Photo Science Photointerpreters must be able to accurately correlate spectral signatures from source imagery with actual Land Cover codes. Photo Science's photointerpreters will visit select sites in the field to accurately correlate the Land Cover codes with their respective unique spectral signatures. This local knowledge-base obtained from the field trip will assist the photointerpreters with updating both the classification and as needed the delineation of Land Cover data with a high degree of confidence not otherwise possible. Hard copy plots of imagery annotated with line work and Land Cover codes will be prepared for the photointerpreter to use in the field. A large sample site of the Land Cover codes updated will be visited in the field including aU polygons fiagged during the PI process. Additionally, Photo Science photointerpreters will visit a representative number of aU other Land Cover codes. During the field preparation, the Photo Science will develop a plan that allows for the maximum number of codes to be visited. Photo Science maintains that the photointerpreters assigned to this project are the ones that must participate in the field work. The field work effort will not be delegated to anyone not directly involved in the photointerpretation process. Photo Science believes that the knowledge gained from the field is critical to insuring a high degree of classification accuracy. Photo Science shall provide field verification as a control measure for photointerpretation, classification of Land Cover types, and project documentation. Field verification will include visual assessment of selected Land Cover type. The photointerpreter will also collect a GPS point for each field site visited. A digital photo will be taken of each site at ground level and incorporated into the field data sheet and the PI key. When photo interpreters return from the field they will incorporate all ground truth data collected and update the photointerpretation as needed. The Photo Science will utilize in-process, draft, and final review processes to assure a complete and accurate map product are compiled. Emphasis will be placed on creating effective mechanisms that will assure quality results in interpreted data content and supporting annotations. QC routines will be woven into the PI production. All work compiled, including all classification codes, will be reviewed upon completion of each image title before the Photointerpretation begins working on the next image title. The Project Manager as well as other Photo Science Photointerpreters will conduct "peer reviews' of each completed image title. To promote consistency and accuracy, the photointerpreter who did the original work will correct any and all edit calls associated with their own work. The emphasis of Photo Science's PI QC process will be to identify any critical defects. which could degrade the FLUCCS integrity of the LCLU map. These defects may include: . Improper selection of collateral data. . Incorrect feature interpretation and coding. . No feature consistency across project area. . Features not labeled clearly or completely. . Incorrect polygon annotations. . Missing polygons. . No adherence to minimum acreage size requirement. . Improper edgematch to adjoining maps. Photo Science's PI QA process will continually incorporate measures to assure the highest standard of accuracy. In order to provide unbiased and unencumbered quality assurance, Photo Science will organize all quality assurance functions to be separate from, and to operate independently of, the production team. This includes checking each delineated image title, inspecting it to assure that all land cover features are properly delineated and classified and are in compliance with a minimum mapping imit. Regular internal coordination meetings will be held between the Project Manager and the photointerpreters, the QNQC Manager to discuss progress, findings, and any problems or anomalies encountered. Items typically discussed include characteristics of the imagery, collateral data, decision rules, and specific project objectives. The County is encouraged to participate in these meetings via conference call or web meeting or site visit. All Land Cover features compiled by Photo Science will be meet the following standards for logical consistency: . Polygon line work will not be generalized along sinuous features. Line work will properly characterize the shapes of boundaries appropriate to the resolution of the source imagery. . Minimum dimensions of mapped features will conform the Minimum Mapping Unit. . In the unlikely case that the source imagery does not edge match, Photo Science will notify the County for resolution . Identically coded polygons will not be adjacent to each other within a feature class . All features will exist wholly within the registration coverage title bounding arcs . There will be no duplicate features . Topology rules will be validated and corrected prior to delivery of each and any delIverable . All tolerances will be consistent across all dellverables. Photo Science will assure positional accuracy by checking that all coordinates are referenced, maintained and delivered in the State Plane Coordinate System, Florida East Zone, units survey feet, North American Datum (NAD) 1983/99 (NAD83/99). Projection information will be present in the metadata file and accessible through ArcCatalog Photo Science proposes that the thematic accuracy of the land cover dataset delIvered to the County will have an overall minimum thematic classification accuracy of 90%. This overall classification accuracy will be calculated as a weighted average of all classes for each deliverable weighted by total area covered by each class. Photo Science proposes to confinn the thematic accuracy of the lands cover data set with a thematic accuracy assessment. The attribute table will contain their contract specified fields in the correct order and defined correctly. There will be no superfluous attributes or attribute fields in the final deliverable. All fields will be coded correctly and completely. There will be a value in every polygon for every attribute. P.1. Decision Notes and General Notes will be filled out whenever deemed useful or appropriate by Photo Science's Photointerpreters and will be standardized in such a way that allows identical comments/issues to be identified. There will be a value in every polygon. Where no value applies the default will be "N.lA". Attribute Codes: At a minimum, the following attributes will be associated with each digitized polygon: + LCCODE This attribute will be populated with a land cover value based on the County classification system. This field will be present in the final deliverable. + Modifier This attribute will be used to add additional detail to the classification, such as temporary conditions, minor features or management factors, that may be of particular interest to the County but do not warrant adding new classes to the Classification system. This will provide the County an opportunity to customize the classification without effecting overall consistency. This field will be present in the final deliverable. + Photolnterpretation Code The photointerpreter responsible for the Land Cover determinations will be identified by this code value. This field will be present in the final deliverable. + PI Decision Notes This attribute will use standardized codes to record issues regarding the interpretation decision made for an individual polygon. This field will not be present in the final deliverable. + General Notes Decisions that record uncertainties or level of confidence will be recorded in this note field. Also, general rules for anecdotal data unrelated to the PI decision will be referenced here. This field will not be present in the final deliverable. . Field Check. Features identified for verification in the field are identified with this field. The Photo Science will develop QC protocols specific to this project that will ensure that all deliverables meet or exceed all accuracy standards established for this project under Monroe County's RFP. Photo Science's QC and editing process will continually incorporate measures to assure the highest standard of accuracy. Photo Science shall hold periodic coordination meetings between project management, photointerpreters, and related project support personnel to discuss progress, findings, and any problems or anomalies encountered. The County is encouraged to participate in any of these meetings via conference call, web meeting or site visit. QC routines, developed by Photo Science will be used to review the digital data. In summary, Photo Science's automated and non-automated QC/QA routines will insure that the following standards for logical consistency apply: . Polygon topology is present and verified using the following rules: do not overlap and do not have gaps . Correct application of the MMU . No duplication offeatures . No sliver polygons will exist . No label errors will exist . No contiguous polygons Additionally, Photo Science's QAlQC process will insure all standards for positional accuracy apply to this mapping effort. This includes insuring that all coordinates are referenced to the State Plane Coordinate System, Florida East Zone, units survey feet, North American Datum (NAD) 1983-90 (HPGN). All projection information will be present in the metadata file and be accessible through ArcCatalog. Photo Science's process will insure that the attribute table contains their ArcGIS coverage default items and contract specified items in the correct order and defined correctly. There will be no superfluous attribute tables or attribute Items in the final deliverable. All items will be coded correctly and completely. There will be a value in every polygon for every attribute. Where no value applies, we will use 9999. All .pat and .aat table definitions will be consistent across all deliverables. Photo Science shall produce a Photointerpretation (PI) Key for the County. The PI Key will be . developed in order to document the decisions and mapping conventions applied during the photo interpretation process. It will describe and illustrate the classification system in detail. The PI Key will be used to assist the photo interpreters compile the land cover features and help to ensure that the photo interpretation is consistent throughout the project. It will be designed to provide descriptions of the visual and spatial distribution characteristics of the classification type used for the project and documents any special mapping conventions which may be developed. Its purpose is to define a common set of rules and standards that can be applied by many different interests to arrive at a consistent interpretation. Additionally, the PI Key will contain the general logic and details behind the decision rules for producing the Land Cover dataset. These details will be in the form of documentation that lists the appropriate Land Cover classes. Since the potential set of rules can be complex and endless, the County will be provided with a practical level of useful details conforming to the methodology and to the specific capabilities and needs of targeted users. The PI Key also serves to provide insight for future users into the rationale for the delineations and classifications appearing within the database. The PI Key will be in a digital format and will include the County's classification system. Users will be able to access the PI Key, point and click on a selected code to access the Photo interpretation Key file which describes the selected code. Aerial images will be clipped from the original imagery used for the photo interpretation. These image Clips will be displayed on each key page. In addition, field pictures taken at ground level of each land cover code representing each classification type will also be included on each key page. Guidelines for each land cover code specific to this project will be specified in the PI Key. Each PI Key page will describe a unique land cover classification. The following sections will be included on each page of the key: 1. Classification Code: Indicates the land cover code as applied during photo interpretation. 2. Land Cover Description: This is the definition of the classification code exactly as it appears within County documents. 3. Keys to Photo interpretation: These will be descriptions which consist of the typical characteristics of each land cover code. Features which are associated with the class and which are visible on the imagery will be described. The apparent signature (colors, tones, textures, etc.) of the land cover code on the imagery will also be described. 4. Special Mapping Conventions: Describes the photo interpretation or mapping rules established to address the particular classification code. 5. Metadata: Documentation that describes the methods used to produce the PI Key including problems encountered, problem resolution, clarification in scope, etc. The metadata compiled will comply with Federal Geographic Data Committee (FGDC) STD-001-1998 Content Standards for Digital Metadata (version 2.0). 6. Anecdotal information including problems encountered and remedies deployed. To add clarification to the document. the approved PI Key may be modified with County approval during project implementation. It may also be necessary for land cover classes to be modified during mapping based on project working experience with the Land Cover classification system while maintaining consistency throughout the project area. All such changes will be submitted to the County for approval before processing. All mapped classes will be appropriately represented in the PI Key. The PI Key will be thoroughly tested to insure it is comprehensive and user friendly. Following internal testing of the PI Key, Photo Science will meet with County staff to demonstrate and deliver the PI Key as well as to demonstrate the working environment dedicated to this project. To insure the land cover dataset delivered to the County has a minimum classification accuracy of 90-percent for each Land Cover category at a confidence level of 90-percent, and that the overall accuracy of each section deliverable will have a minimum classification accuracy of 90- percent at a confidence interval of 90-percent, Photo Science proposes to conduct a thematic accuracy assessment as part of the QA procedure PRIOR to final delivery. Photo Science proposes to use a quantitative method (a statistical approach) described by Congalton and Mead (1983) to determine thematic accuracy of the final Monroe County Land Cover maps to be compiled. This method involves comparing the results of two separate and independent classifications of the same features. The first classification results from the initial 2008-09 Photo Science map compilation effort that used a combination of photointerpretation and field work techniques. The second classification results from the classification derived an independent photointerpretation conducted by HDR combined with direct field observations as needed. Similarities and/or differences between these two classifications (Photo Science and HDR) shall be displayed in an error matrix, (also referred to as a similarity matrix). The resultant error matrix will be used to measure the overall thematic accuracy of the first classification results. The following methodology shall be deployed: Step 1: Photo Science will use GIS tools to select a minimum of 20 polygons from each land cover codes from the classification that Photo Science compiled. This equates to over 200 polygons. Step 2: Photo Science shall drop all attributes associated with each of the polygons selected, leaving only a polygon ID. Step 3: Photo Science subcontractor (HDR) shall conduct an independent classification using photointerpretation techniques of the selected polygons without referencing Photo Science's original classification. Signature identification may require field work. HDR classification results will be compared with Photo Science's classification. The following information shall be displayed when comparing these two datasets: . Total number of polygons for each classification, . Number of polygons which are correctly classified, . Number of polygons that are incorrectly classified. Photo Science shall perform a statistical analysis by running the Arc Intersect Command within ArcMap. This command allows the user to overlay the polygons from the original Photo Science classification and the second classification conducted by Photo Science's subcontractor (HDR). The resulting output will have the combined attributes of the features in the two inputs. From the analysis of the Arc Intersect generated layer, Photo Science shall compare the classifications from the two sources. The 'Notes' field within the Geodatabase shall be used by Photo Science to document comments for the sampled polygons as well as to identify where any errors are occurring outside of the sample polygon datasets. Photo Science shall then conduct a statistical analysis of the dataset. All generated polygons shall be combined to represent one batch sample. A statistical analysis shall then be performed solely on the batch sample containing all the sampled polygons. A similarity matrix (or error matrix) will be produced as a square array set out in rows and columns expressing the number of pOlygons assigned to a particular feature type relative to the independent classification. Once the error matrix is generated it will be analyzed using a discrete multivariate analysis technique using a program called KAPPA developed by Congalton et al (1982). The Kappa coefficient equation adjusts for polygons that may match purely by chance. The overall classification accuracy will then be calculated as a weighed average of all classes (weighed by total area covered by each class). The statistics used will be the maximum likelihood estimate from the multinomial distribution and shall be a measure of the actual agreement minus the chance agreement. The variance of these estimates will then be used to construct a hypothesis test for significant difference at varying confidence levels to determine if the two independent classifications are significantly different. The accuracy percentage shall then be calculated for each mapping code by dividing the total number of matChing polygons by the total number of sample polygons processed. Finally, Photo Science will provide the County with a Thematic Accuracy Report which compiles the results of the statistical analysis. Results will be summarized in a concise and organized form. The report will compare the data quality and discussed similarities and differences, providing conclusions about consistency and completeness. This report will also include suggestions as to what factors may have caused any observed differences and recommended possible remedies. Also included in this report will be a discussion on probable reasons why a polygon may have been misclassified such as photo quality, signature variance, decisions rules, misinterpretations, minimum mapping unit or aggregation, etc. The County shall be provided with the error matrix. a statistics review report based on the comparison of the two datasets and the KAPPA coefficient computation. The County will also be provided with a summary of systematically mismatched classes on a spreadsheet. Photo Science shall provide the County with high quality metadata that is compliant with the Federal Geographic Data Committee (FGDC) standards pursuant to Circular A-16 and Executive Order 12906. Photo Science will lead and organize ali metadata creation and management activities for the Land Cover database development efforts. . - Exhibit 8 to Contract with GMR Aerial Surveys, Inc. d/b/a Photo Science Project Schedule Task Assume Notice to Proceed: Photo Science Kick Off Meeting: Collect & Review Source Materials: Set Up Computer Environment: Monroe County I Photo Science Kick Off Meeting: Photointerpretation & QC & Draft PI Key: Upper Keys Deliverable - Preliminary draft map product of Upper Keys available for County review: Fieldwork: Post Field Photointerpretation & QC: GIS Processing & QC: Deliverable - Draft map product of Upper Keys available for County review: Lower Keys Deliverable - Preliminary draft map product of Lower Keys available for County review: Fieldwork: Post Field Photointerpretation & QC: GIS Processing & QC: Deliverable - Draft map product of Lower Keys available for County review: Accuracy Assessment: Deliverable - Revised draft map for County review: County Review Final Land Cover Dataset, Metadata, Final Report, Final PI Key., etc: Date Payment Dec. 12, 2008 Dec. 15, 2008 Dec. 15, 2008 Dec. 15,2008 Dec. 22,2008 Dee 23 - Feb 23, 2009 Jan 30, 2009 Feb 09, 2009 March 13, 2009 April 6, 2009 April 6, - 30, 2009 May 1, 2009 May 1 - 30 2009 June 30, 2009 $100,000.00 . Deliverable Breakdown: Final land Cover Dataset with Metadata Accuracy Assessment Photointerpretation Key Total $85,000.00 $10,000.00 $ 5,000.00 $100,000.00 Note: Photo Science will provide the County with monthly progress reports and, if requested, preliminary draft map products on a monthly basis. Note: If the County chooses Photo Science to not conduct a Thematic Accuracy Assessment, then a draft land cover data set will be delivered to the County for review by April 6, 2009. Assuming the County requires four weeks to review this delivery, aii final edits, metadata and the final report wiii be delivered to the County on or before May 29, 2009. If the County takes less time to review this delivery then the final due date will adjust accordingly.