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Item I7�Mfj D19 111419 1 1! M Ij 01101 IFIA NVA Meeting Date: August 17. 2011 Bulk Item: Yes x No Division: —Growth gment Department: Planning & Env Res Staff Contact Person/Phone #: Mike Roberts— Ext. # 2502 AGENDA ITEM WORDING: Approval of 2nd Amendment to Agreement with Terramar Environmental Services, Inc., extending the agreement to provide biological consulting services in the amount of up to $41,320 (an increase of $16,320) to the Growth Management Division and waiver of purchasing policy to approve a sole source contract. ITEM BACKGROUND: The Tier Designation Review Committee (TDRC) recommended that Monroe County review current wetland regulatory codes with regard to the scoring in ROGO and the appropriateness of KEYWEP in determining development potential. The Services of Consultant are required to analyze the wetland assessment procedures and provide recommendations. Phil Frank, PhD and Rowena Garcia, M.S., are the principals in Terramar Environmental Services, Inc. which is a local provider of environmental consulting services. Consultant has been providing Services associated with the Tier Overlay District Ordinance continuously since November 18, 2009. PREVIOUS RELEVANT BOCC ACTION: November 18, 2009 — Approval of contract for $20,000 April 20, 2011 — Approval of I" Amendment to Agreement for $5,000 CONTRACT/AGREEMENT CHANGES: Amendment to increase contract by $16,320. STAFF RECOMMENDATIONS: Approval TOTAL COST:141 ,320.00 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO C1UNTY:—$41,320 0 �� 1 - 6 AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing _ Risk Management 311CUMENTATI1N: Included x Not Required__--_ DISPOSITION: Revised 7/09 �1 �u s: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Terrarriar Consulting Contract # Effective Date: 11/18/2009 Expiration Date: At will Contract Purpose/Description: To provide biological consulting services to the Growth Management Division. Contract Manager: Mike Roberts 2502 Growth Management 11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 08/17/11 Agenda Deadline: 08/0' )/11 CONTRACT COSTS Total Dollar Value of Contract: $ 41,320.00 Current Year Portion: 22,320 Budgeted? Yes® No El Account Codes: Grant: $ 148-50002-53034-0- County Match: $ 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 Out Division Director Date In Needed Reviewer YesONo[:] Risk Management �'N' A, Y e sEIN oP1 O.M.B./Purchasing YesF-1 No[ County Attorney 2, Yes❑ NoEEr' Comments: SECOND AMENDMENT TO AGREEMENT BETWEEN TERRAMAR ENVIRONMENTAL SERVICES, INC. AND ILTJM►I ifel#6I911Ri 1 This Second Amendment to Agreement (Amendment) is made this day of . 2011, between Monroe County (County) a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040 and Terramar Environmental Services, Inc. (Consultant) whose address is 1231 Crane Boulevard, Sugarloaf Key, Florida, 33042. WITNESSETH: WHEREAS, County and Consultant entered into an Agreement for Services on November 18, 2009 (Agreement) for biological consulting services related to the Monroe County Tier Overlay Maps in an amount not to exceed Twenty Thousand Dollars ($20,000.00) as described in Section 2 of the Agreement; and WHEREAS, the Tier Designation Review Committee (TDRC) recommended that Monroe County review the ROGO and Tier Ordinances with regard to wetland issues, the services of Consultant are still required by County and Consultant desires to perform those services; NOW, THEREFORE, the parties agree to amend the Agreement dated November 18, 2009 as follows: 1. SECTION 2. COMPENSATION Compensation for Consultant's services under this Agreement shall not exceed Forty One Thousand Three Hundred Twenty Dollars ($41,320.00). No travel expenses shall be billed to County by Consultant. 2. SECTION 4. PERIOD OF SERVICE AND TERMINATION This Amendment shall become effective upon signature by all parties and shall continue in effect until funds are expended. This Agreement may be terminated upon seven days written notice to the other party. All other provisions of the Agreement dated November 18, 2009 remain in full force and effect. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW ATTEST: Deputy Clerk WITNESSES: Print Name (2) Print Name OF MONROE COUNTY Mayor Heather Carruthers TERRAMAR. ENVIRONMENTAL SERVICES By: Rowena P. Garcia, President Date: TERRAmAR ENVIRONMENTAL SERVICES, INC. 1 241 CRANE BOULEVARD SUGARLOAF KEY, FLORIDA 33042 (305) 393-4200 FAX (305) 745-1 192 TER RAMAR@I3ELLSOUTH.NET July 14, 2011 Michael Roberts, CEP; PWS Sr. Administrator, Environmental Resources Monroe County Growth Management 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 RE: Disturbed Wetland Permitting Regulations, Section 118-10(4)(f), Comparison of KEYWEP and UMAM with Proposed Revisions to Replace KEYWEP with UMAM for determining Development Potential in Disturbed Wetlands Dear Mike: Terramar Environmental Services, inc. is honored to provide this scope of services and cost proposal to provide professional environmental services relating to the provisions for development in disturbed wetlands as established in Section 118-I0(4)(f) of the Land Development Regulations (LDR's). The overall objective of the work is to prepare a biologically -supported comparison of KEYWEP with UMAM for the purpose of determining development potential on disturbed wetland lots in Monroe County. Project staff that will conduct the effort includes Rowena P. Garcia, M.S. and Philip A. Frank, Ph.D., both highly qualified local biologists with extensive experience in wetland delineation, wetland regulation and the application of KEYWEP and UMAM in the Florida Keys (see attached qualifications). Scope of Work Based on our understanding of the proposed task, Monroe County Growth Management (MCGM) is requesting Terramar Environmental Services to conduct the following tasks under the direction of MCGM: Conduct a field assessment of a total of I8 parcels in the Upper (4), Middle (2) and Lower Keys (I2) to establish a comparison of functional assessment of wetlands using both KEYWEP and UMAM. This task will involve using both KEYWEP and UMAM to conduct functional assessments on parcels selected to represent disturbed wetland lots most commonly proposed for developed in Monroe County. Lot selection will be limited to Tier III wetland lots and conducted in coordination with MCGM staff. Functional assessments will be completed using the most current regulations and regulatory guidance. • Prepare a written report that compares the results of the KEYWEP and UMAM functional assessments that is sufficient to allow a comparison of the procedures and anticipated outcomes of the two functional assessment methodologies. Specific attention will be given to the major categories of wetland functional capacity established in KEYWEP and how UMAM scores compare to KEYWEP in categorizing disturbed wetlands into the functional capacity categories. The issue of a development prohibition in disturbed wetlands similar to the "High Functional Capacity" or "Red Flag Wetland" will be analyzed. In addition, the establishment of multiple UMAM assessment areas within a disturbed wetland parcel will be analyzed. • Attend meetings and workshops with MCGM staff as directed to facilitate completion of the above tasks. KEYWEP -UMAM Functional Assessment Proposal The deliverables for the project will include the following items: W Page 2 oF2 • A written KEYWEP and UMAM functional assessment reports for the 18 parcels selected for analysis. These functional assessment reports will be of suitable quality for submittal to regulatory agencies and will include reference photographs. • A written report that compares the results of the KEYWEP and UMAM functional assessments that is sufficient to allow a comparison of the procedures and anticipated outcomes of the two models. • A DRAFT revision of Section 118-10(4)(0 of the LDRrs that addresses development in disturbed wetlands using UMAM as the scientific basis for establishing the functional capacity of disturbed wetlands. • Attendance at meetings and workshops as specifically directed by MCGM staff. The following table outlines anticipated not -to -exceed costs associated with the proposed project. Task Estimated Time (hours) Cost $120.00 per hour Project Coordination, establish study areas and pr9ject scope with MCGM 8 $960.00 Conduct 18 KEYWEP/UMAM disturbed wetland functional 108 (6 hours per parcel) $12,960.00 assessments Prepare written summary of KEYWEP/UMAM functional 8 $960.00 assessments Attend follow-up meetings and workshops as directed by MCGM 12 $1,440.00 staff to complete prqLect Totals 144 $16,320.00 On behalf of Terramar Environmental Services, we wish to express our appreciation for the opportunity to assist Monroe County Division of Growth Management with this project. Sincerely, trigi11,'I'PhOW A Frank III ® 1 DN:tn=Ph81pA Frank, o=7erramar Envimnmeota'. 1 SeMces, Inc, ou=Vk:e President. em ,,=,,, amarpbeI.th.t, x:� US [late: 2011.01 14 17:28AS -04 W Philip Frank