Item I5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: ALL 20, 2011 Division: Growth Management
Bulk Item: Yes x No _ Department:
Staff Contact Person/Phone #: Susan Grimsley
Ext. # 2517
AGENDA ITEM WORDING: Approval of 1" Amendment to Agreement with Terramar
Environmental Services, Inc., extending the agreement to provide biological consulting services in the
amount of up to $25,000 (an increase of $5,000) to the Growth Management Division and waiver of
purchasing policy to approve a sole source contract.
ITEM BACKGROUND: In order to resolve the ongoing issues with the Tier Maps and designations
for particular properties the approval of this amendment is necessary. Terramar Environmental
Services, Inc. has provided assistance with the production of the endangered species GIS Map Layers.
Services to assist with field verification of the tier maps is necessary until final adoption of Tier Map
amendments. Phil Frank, PhD and Rowena Garcia, M.S., are the principals in Terramar Environmental
Services, Inc. Terramar is a local provider of environmental consulting services. The previous
contract expired on November 17, 2010. Services have since been rendered in connection with the
Tier District Overlay Map hearings.
PREVIOUS RELEVANT BOCC ACTION:
November 18, 2009 — Approval of contract for $20,000
CONTRACT /AGREEMENT CHANGES: Extension of Agreement until funds are expended or
until agreement is terminated, and amendment to increase contract by $5,000.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 25,000.00 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $25,000 SOURCE OF FUNDS: 148 - 50002 - 530340
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
1 0 J4-
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Terramar 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: Susan Grimsley 2517 11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 04 /20/11 Agenda Deadline: 04/05/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000.00 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: - - -_
Grant: $ 148 - 50002 - 530340 -
County Match: $ N/A - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
Date In
Division Director //
Risk Managent
O.M.B./PurchAsing
County Attorney
Comments:
Changes
Neede
Yes❑ N
Yes❑ N
Yes❑ N
Yes❑ N
Date O t
6,000
OMB Form Revised 2/27/01 MCP #2
FIRST AMENDMENT TO AGREEMENT
BETWEEN
TERRAMAR ENVIRONMENTAL SERVICES, INC.
AND
MONROE COUNTY
This Amendment to Agreement (Amendment) is made this 3iGday of 44A&ek . 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 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:
SECTION 2. COMPENSATION
Compensation for Consultant's services under this Agreement shall not exceed Twenty -five Thousand
Dollars ($25,000.00). No travel expenses shall be billed to County by Consultant.
SECTION 4. PERIOD OF SERVICE AND TERMINATION
This Agreement shall become effective upon signature by all parties and shall continue in effect until
funds are expended. This provision is retroactive to November 17, 2010. This Agreement may be
terminated upon seven days written notice to the other party.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
ATTEST: BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE, CLERK OF MONROE COUNTY
Deputy Clerk Mayor Heather Carruthers
WITNESSES: TERRAMAR ENVIRONMENTAL SERVICES
� /
Rowena P. Garcia, President
Print a Date: go (�
(2)
Print Name
i- MONRO UNT ATTORNEY
ARPR AS 0 FORM
AGREEMENT BETWEEN
TERRAMAR ENVIRONMENTAL SERVICES, INC.
AND
MONROE COUNTY
THIS AGREEMENT (Agreement) is made thisel�y of 2009, 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. whose
address is 1231 Crane Boulevard, Sugarloaf Key, Florida 33042 (CONSULTANT or
CONTRACTOR).
WITNESSETH:
WHEREAS, COUNTY desires to engage CONSULTANT to provide field verification
of tier designations, assist with developing the GIS layer for threatened and endangered species,
and other services related to the County's tier maps; and
WHEREAS, CONSULTANT desires to render these Services as described in SECTION
I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual
covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES and DELIVERABLES
CONSULTANT will provide biological consulting services to COUNTY based on task orders in
writing or by e-mail from the Growth Management Division Director at a rate not to exceed One
Hundred Twenty dollars ($120.00) per hour. CONSULTANT will comply with all laws,
ordinances, and governmental rules and regulations which apply to its activities under this
Agreement.
SECTION 2. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall not exceed Twenty
Thousand Dollars and no /cents ($20,000.00). No travel expenses shall be billed to COUNTY by
CONSULTANT.
SECTION 3. PAYMENT
Consultant shall be paid no more often than monthly upon completion of each task.
The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners.
Page 1 of 7
SECTION 4. PERIOD OF SERVICE AND TERMINATION
This Agreement shall become effective upon signature by all parties and shall continue in effect
for one (1) year. This Agreement may be extended by mutual agreement of the parties, or
terminated by either party, with or without cause, upon seven days written notice to the other
ply.
SECTION 5. 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 willful 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.
SECTION 6. INSURANCE
While this Agreement is in effect, CONSULTANT shall maintain a Comprehensive General
Liability Insurance policy with a limit of One Million Dollars ($1,000,000.00) per occurrence
and Two Million Dollars ($2,000,000.00) in the aggregate, Vehicle Insurance for Owned and
Non -Owned vehicles in the amount of One Million Dollars ($1,000,000.00) Combined Single
Limit and shall name County as an additional insured on these policies.
SECTION 7. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida Venue for any claim or action
of any kind shall be in Monroe County, Florida
SECTION 8. NONDISCRIMINATION
CONSULTANT and COUNTY 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. CONSULTANT or COUNTY
agrees to comply with all Federal and local statutes and ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2)
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; 3) Section 504 of the Rehabilitation
Page 2 of 7
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) 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; 7) 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; 8)
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; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
SECTION 9. NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in person to
the individuals and addresses listed below, or if delivered or sent by first class mail, certified,
return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY
shall be dated and signed by an authorized representative of the CONSULTANT. The
correspondence shall be directed to:
FOR COUNTY:
Director
Growth Management Division
Suite 400
2798 Overseas Highway
Marathon, FL 33050
AND
Suzanne A. Hutton, County Attorney
Monroe County Attorney's Office
1111 12'' Street, Suite 408
Key West, Florida 33040
FOR CONSULTANT /CONTRACTOR:
Ms. Rowena Garcia, President
Tenamar Environmental Services, Inc.
1241 Crane Blvd.
Sugarloaf Key, FL 33042
SECTION 10. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
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e
SECTION 11. 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 12. AUTHORITY
Each party represents to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and Consultant action, as required
by law.
SECTION 13. 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 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. 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 14. 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 15. 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.
Page 4 of 7
SECTION 16 . NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida 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 17. COVENANT OF NO INTEREST
CONSULTANT and COUNTY 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 18. 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 19. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement between
CONSULTANT and COUNTY, and supersedes and controls over all prior written or oral
understandings. This Agreement may be amended, supplemented or modified only by a written
instrument duly executed by the parties.
SECTION 20. 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 21. 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.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Page 5 of 7
SECTION 22. 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 23. 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 24. INDEPENDENT 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 maps, official
records, contracts, or other data that may be provided by the COUNTY or other public or semi-
public agencies.
SECTION 25. SEVERABII.TTY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall
be valid and binding upon the parties. One or more waivers by either party of any provision, term
or condition shall not be construed by the other party as a waiver of any subsequent breach of the
same provision, term or condition.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and
year first written above.
SIGNATURE PAGE TO FOLLOW
Page 6 of 7
ATTEST:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
WITNESSES:
John Piranio
Print Name
(
Elaine Davia
Print Name
BOARD OF COUNTY COMMISSIONERS
F MONROE COUNTY
Mayor George Neugent
TERRAMAR ENVIRONMENTAL SERVICES
By: 1��Q�
Rowena P. Garcia, President
Date:
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