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HomeMy WebLinkAbout1st Amendment 04/16/2025 GVS COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: May 2, 2025 TO: Michael Roberts, Assistant Director Environmental Resources FROM: Liz Yongue, Deputy Clerk SUBJECT: April 16, 2025 BOCC Meeting The following item has been executed and added to the record: J8 1 st Amendment to Agreement for Updates Of 2009 Geospatial Land Cover Dataset and Tier Overlay District Maps for The Florida Keys between Monroe County and Terramar Environmental Services Inc.,providing for a retroactive extension to complete the final report and waiver of an outstanding deliverable which is unable to be completed, stemming from delays beyond the parties' control. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT ONE TO CONTRACT FOR UPDATES OF 2009 GEOSPATIAL LAND COVER DATASET AND TIER OVERLAY DISTRICT MAPS FOR THE FLORIDA KEYS BETWEEN MONROE COUNTY AND TERRAMAR ENVIRONMENTAL SERVICES INC. This Amendment One to Contract for Updates of 2009 Geospatial Land Cover Dataset and Tier Overlay District Maps for the Florida Keys ("Amendment One") is made and entered into this 16th of April , 2025 by and between MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida, 33040, through the Monroe County Board of County Commissioners ("BOCC"), AND Terramar Environmental Services, Inc. ("CONSULTANT"), whose address is 1241 Crane Boulevard, Sugarloaf Key, FL 33042. WITNESSETH: WHEREAS, the COUNTY and Terramar Environmental Services, Inc. ("CONSULTANT")entered into a Contract for Updates of 2009 Geospatial Land Cover Dataset and Tier Overlay District Maps for the Florida Keys("AGREEMENT")on November 15,2022, with a termination date of April 30, 2024; and WHEREAS, Monroe County 2030 Comprehensive Plan Policy 106.1.2 requires Monroe County to establish a Tier Designation Review Committee (TDRC) Work Group to consist of representatives selected by the Florida Department of Commerce (formerly Florida Department of Economic Opportunity (DEO)) from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. The TDRC shall be tasked with the responsibility of tier designation review utilizing the criteria for tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study; and, WHEREAS, the Florida Department of Commerce has not selected representatives for the TDRC; and, WHEREAS,the AGREEMENT included a Scope of Services (Exhibit A),with required deliverables; and, WHEREAS, CONSULTANT has met all deliverables except E4 ("Technical Support for up to six (6) TDRC meetings over a six month period") (Subtask 1.3.7) and E2 ("A Final Report detailing changes in Land Cover by habitat type and reason for the change...") (Subtask 1.3.8). CONSULTANT has been unable to complete these deliverables due to the delay in selecting representatives for the TDRC, outside of the control of the CONSULTANT and the COUNTY; and, WHEREAS, the AGREEMENT needs to be amended to eliminate Scope of Service Paragraph D and deliverable E4 (Subtask 1.3.7). Since this deliverable is dependent on Florida Department of Commerce selecting representatives for the TDRC,the parties cannot know when these meetings will be held; and, WHEREAS,the AGREEMENT needs to be retroactively extended from April 30,2024, to April 30, 2025, to give CONSULTANT time to complete deliverable E2 (Subtask 1.3.8). NOW THEREFORE, in consideration of the mutual promises contained herein, the AGREEMENT is amended as follows: Section 1. Recitals and Legislative Intent. The Foregoing recitals, findings of fact, and statements of legislative intent are true and correct and are hereby incorporated as if fully stated herein. Section 2. The AGREEMENT is amended as follows: Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Agreement shall begin on the 23rd day of November, 2022 and will conclude with delivery of the deliverables outlined in Section 1 and the Amended Exhibit of this Agreement. The end date of the Agreement is extended from April 30, 2024, to April 30, 2025. Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid to the other party by certified mail, return receipt requested, to the following: For the COUNTY: Christine Hurley, County Administrator 1100 Simonton St. Key West, FL 33040 For the CONSULTANT: Terramar Environmental Services, Inc. 1241 Crane Blvd. Sugarloaf Key, FL 33042 Section 22. FLORIDA PUBLIC RECORDS LAW Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT PHONE# 305-292-3470 OR PUBLICRECORDS@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Section 36. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095. Exhibit A, "Scope of Services," including the Cost Proposal chart, is amended as attached herein. The remainder of the terms and conditions of the AGREEMENT remain unchanged by this Amendment, and continue in full force and effect. • • IN WITNESS 'WHEREOF:each party caused this Amendment One to the Agreement to be executed by.its duly au.thoi ized repiesentati\T•e. fin;,,r_:.- .y;, s • - � ,s.:7� /,:,-;},',S v�y, ram,11,i` ;f f ' P , • BOARD OF COUNTY T•:5 �,n 1-+'•M3,r..r, s sif,5 i.`,:,S.,wj �. • COMMISSIONERS • Yy ( b�,L tr Y � t r jiViN t `� i�_ � hid � i)P . 0 6 . : .. Illk I uFRA,, C•41. 7't J�+i'i,.:„_` .r'f` CW`Ne"�;`, o .. .. iir it;/w- ai:x,-,-,4n is t µi e,fit'✓ : 7:,..',A.,i)(91./Vvyav r . ., � e� s�sr• 7r.P"4; � li'�'.i,°.'.,r�.,� tlil_.T� - _ .. .r w � � .. • N �.,'0.F k.r •As:�✓J e F.CI�..' l y'o ??� .Clerk tameschl r `r. -: Lot .. .. .. .. S .. s ATTORNEY • CONSULTANT: '.. d : : .. : . > ,„.---, i , . ; ' APPROVED AS TO FORM r - `! P Title.' ;... .c irl.J • ; . . 1 STATE OF: l: .• Y.DUG . • ' COUNTY OF: 10.06:c 0.e . . ASSISTANT ' Subscribed and sworn to(or affirmed).before me,by means ;.. of physical 'presence: or online notarization, On . : March 18,202 :. : , . . __________-_.. . : .(date)by . . . . • : :. llot.ti-e,,Adk. � (-IA t 6d e...: (name of aff?.ant): He'She is personally . known to e or has produced . '.1. i Dr. illy :l ess (type of i nt*f catiOn)-as identification. •• _ .. e.':-Nt• JESEIN),IA. V.ALERO• • • : : • o . MY COMMISSION -+ `#.' IRE :July 2,9,20 •,,:,, AMENDED EXHIBIT A SCOPE OF SERVICES SCOPE OF WORK The project consists of: A Updates to the existing land cover classification described above to meet the needs of the Planning &Environmental Resources Department utilizing the 2022 digital orthophotography described in 1.04. * Perform quality control and quality assurance (including grouncltruthing of digital orthophotograph land cover signatures) to determine the accuracy of the final land cover dataset. The quality control and quality assurance and cover and classification delineation techniques will be summarized in a written report. C. Tier Mapping. Consultant shall review existing Tier Overlay District maps and make recommendations for revisions or amendments in accordance with Comprehensive Plan Policy 106.1.1 and Monroe County Land Development Code Chapter 130-130 (c). Prior to Monroe County processing updates to the Land Development Code Tier (Zoning) Overlay District Map, the Consultant shall evaluate the listed threatened and endangered species (as of 2022) and the criteria included in Policy 205.1.1 (Tier Overlay District designation criteria)to determine if amendments are required to further protect and enhance native upland vegetation. D. Deliverables at a minimum shall include: 1. Habitat mapping: a GIS File Geodatabase containing the land cover dataset compatible with ArcGIS 10.8.1 and ArcGIS Pro 2.7.2 or most recent version and associated metadata file. The data will be in the NAD 1983 (2011) State Plane Florida East coordinate system, in units of US Survey Feet. 2. A Final Report detailing changes in Land Cover by habitat type and reason for the change (eg: development, mapping error, environmental conditions, etc). The Final Report shall include a review of the QA/QC procedures and will address issues encountered with polygon classification such as photo quality, signature variance or misinterpretations of mapping units, etc. 3. Preliminary Tier Overlay District map amendment recommendations The County shall own the deliverables,and shall have sole rights to reproduce and sell any data or derivative information, and Respondent shall have no copy right or right to sell the data set or derivative of the data set resulting from this RFP. Amended Scope of Services March 18,2025 .......... Updates of 2009 Geospatial Land Cover Dataset and Tier Overlays, District Maps for the Florida I4eys Outstanding Deliverables as of March 2025 1111110i""° ""' umum0lllllllllll 13.1 Project KickofF Meeting, Data & Irmagery C!A Complete $20,667.88 Paid 1 13.2 Desktop Photointerpretation Complete $40,828.02 Paid 1.3.3 Fieldwork Complete $34,529.50 Paid 1.3.4 Fieldwork QA Complete $32,609.84 Paid 13.5 Final QA Complete $19,222.04 Paid 1.3.6 Tier Mapping Complete $15,323.36 Paid 1.3.7 TDRC Meetings-Task eliminated per Amendment 0 e L III .... _ 13.8 Final' Report 4/30/2025 $16,645.18 Outstanding Task Assignment Total $16,645.18 TERRENV-03 WI LKESB ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT/15/2D/YYYY) 025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)289-0213 (A/C,No):(305) 743-1810 Marathon,FL 33050 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:Homeland Insurance Company of New York 34452 INSURED INSURER B:TechnologyInsurance Company,Inc. 42376 Terramar Environmental Services Inc INSURER 7 1241 Crane Blvd. INSURER D: Sugarloaf Key,FL 33042 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE d OCCUR 793-00-32-85-0010 4/16/2025 4/16/2026 DAMAGE TO RENTED 50,000 PREMISES Ea occurrence $ X Pollution&Professi MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PELT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: ARCHITECTS LIAB $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N TWC4598208 3/28/2025 3/28/2026 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 100,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liabili 793-00-32-85-0010 4/16/2025 4/16/2026 Per Claim 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Monroe County Board of County Commissioners,its employees and officials will be included as Additional Insured and the Monroe County Board of Commissioners are additional insured with respects to General Liability when required by written contract. APPROVED BY RISK MANAGEMENT BY _,eut- ILP,2 DATE 05.02.A WAIVERNIA RYES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County Board of County Commissioners 1100 Simonton Street . - w Key West FL33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2021 Edition MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor/Vendor: Terramar Environmental Services,inc. Project or Service: Updates of 2009 Geospatial Land Cover Dataset and Tier Overlay District Maps for the Florida Keys Contractor/Vendor Address&Phone#: 1241 Crane Blvd., Sugarloaf key, FI 33042 General Scope of Work: Support County efforts to update LULC mapping over the Keys. Support re-mapping of Tier designations,and support public review of proposed tier changes through participation in the Tier Development Review Committee(TDRC). Reason for Waiver or Commercial auto insurance is not available. Instead,vendor has provided a Business Modification: Automobile Policy with$1,000,000 per occurrence, meeting or exceeding the auto insurance requirements of the contract. Policies Waiver or Modification will apply to: The requirement for Commercial Auto Liability Insurance. Signature of Contractor/Vendor: �j ;A.,�Q, �� Vice President Date: Approved Not Approved Risk Management Signature._ Date: 12/�,/2t129. County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Administrative Instruction 7500.9 104 O� � a JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 3/3/2025 EXPIRATION DATE: 3/3/2027 PERSON: PHILIP A FRANK EMAIL: TERRAMAR.ENV@GMAIL.COM FEIN: 201899329 BUSINESS NAME AND ADDRESS: TERRAMAR ENVIRONMENTAL SERVICES, INC. 1241 CRANE BOULEVARD SUMMERLAND KEY, FL 33042 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation. To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder, go to www.myfloridalicense.com. IMPORTANT:Pursuant to subsection 440.05(13),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to subsection 440.05(11),F.S.,Certificates of election to be exempt issued under subsection(3)apply only to the corporate officer named on the notice of election to be exempt.Pursuant to subsection 440.05(12),F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT E02066793 QUESTIONS?(850)413-1609 RULE 69L-6.012, F.A.C. REVISED 01/2023 r. IIu JIMMY PATRONIS ¢ CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 1/29/2025 EXPIRATION DATE: 1/29/2027 PERSON: ROWENA P GARCIA EMAIL: ROWENAFRANK@GMAIL.COM FEIN: 201899329 BUSINESS NAME AND ADDRESS: TERRAMAR ENVIRONMENTAL SERVICES, INC. 1241 CRANE BOULEVARD, SUMMERLAND KEY, FL 33042 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation. To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder, go to www.myfloridalicense.com. IMPORTANT: Pursuant to subsection 440.05(13), F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(11), F.S., Certificates of election to be exempt issued under subsection(3)apply only to the corporate officer named on the notice of election to be exempt. Pursuant to subsection 440.05(12), F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT E02066778 QUESTIONS?(850)413-1609 Rule 69L-6.012, F.A.C. REVISED 01/2023