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Amendment No. 1I C-8791-A1 ORIGINAL AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT MONROE COUNTY This AMENDMENT NO. 1, entered into on S C. P ► k rti Gee- 0A9 1998 to that AGREEMENT dated August 5, 1997, between "the Parties," the South Florida Water Management District ("the DISTRICT'), and Monroe County ( "the COUNTY"). WITNESSETH THAT. WHEREAS, the parties entered into an AGREEMENT to develop a stormwater master plan for the unincorporated portion of the Florida Keys; and WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, there has been an unforeseen delay in the project due to changes in project staff and so that a qualified candidate familiar with the Florida Keys geography could be found; and WHEREAS the parties wish to amend the AGREEMENT in order to extend the period of performance for one (1) year and to modify the deliverable schedule for the Statement of Work; and WHEREAS, the Governing Board of the DISTRICT, at its August 13, 1998 meeting, approved entering into this AMENDMENT NO. 1 with the COUNTY; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: Amendment No. 1 to Agreement No. C-8791 - Page 1 of 3 1. The Exhibit "A" Statement of Work is hereby deleted and replaced with the Exhibit "Al" Statement of Work attached hereto and made a part of this AMENDMENT NO. 1. 2. The expiration date of the AGREEMENT is hereby extended to August 4, 1999. Regardless of the actual date of execution, this AMENDMENT NO. 1 shall be effective as of August 5, 1998. 3. Article 5, paragraph 5.1 is hereby deleted and replaced with the following: "The Project Manager for the DISTRICT is Rick Alleman, at 3301 Gun Club Road, West Palm Beach, FL 33406, Telephone (561) 682-6716. The Project Manager for the COUNTY is Robert Herman, at Monroe County, 2798 Overseas Highway, Suite 400, Marathon, FL 33050, telephone (305) 289-2500. The parties shall direct all matters to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT." 4. A new Article 9, paragraph 9.3 is hereby added to the terms of the AGREEMENT to address Year 2000 software compliance as follows: "In the event that the COUNTY'S performance, as required by this AGREEMENT, involves the use and/or delivery of a software, hardware and/or firmware product of any kind, the following language shall apply: The COUNTY represents and warrants that the software, hardware and/or firmware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, hardware and/or firmware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. Without limiting the generality of the foregoing, COUNTY further represents and warrants: That the software, hardware and/or firmware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries. That the software, hardware and/or firmware has been designed to ensure Year 2000 Compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century. That the software, hardware and/or firmware includes Year 2000 capabilities. For the purposes of this AGREEMENT, Year 2000 Capabilities means the software, hardware and/or firmware: (i) will manage and manipulate data involving dates and leap year calculations, including single century formulas and multi -century formulas, and will not cause an abnormally Amendment No. 1 to Agreement No. C-8791 - Page 2 of 3 ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provides that all date -related user interface functionalities and data fields include the indication of century; and (iii) provides that all date -related user interface functionalities include the indication of century. Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, hardware and/or firmware that are necessary to ensure Year 2000 Capabilities, as defined herein, and (ii) advice, consultation and assistance to use the software, hardware and/or firmware and diagnose and correct Year 2000 Capability problems that may exist with the software, hardware and/or firmware. The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein." 5. This AMENDMENT NO. 1 shall be at no additional cost to the DISTRICT. 6. All other terms and conditions of the AGREEMENT remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 1 on the date first written above. Legal Form Approved SFWMD Office of Counsel OBY:��— �, _ 4l DATE; T� a� '�Dh NY L KOLHAGE, CLERK TY CLERK �OVED AS TO FORM AND LEGAL SUFFICIENCY BY Attorney's Office SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: A ;�j Deputy Executive Dire for MONROE COUNTY i Un Amendment No. I to Agreement No. C-8791 - Page 3 of 3 APPROVED AS TO FORM AN L AL SUFFIC C B — R RT N. W GATE EXHIBIT "Al" STATEMENT OF WORK Stormwater Management Master Planning for Monroe County SCOPE OF WORK The COUNTY and the DISTRICT have agreed to a partnership to ensure that resources are available for the development of a Stormwater Management Master Plan Statement of Work (SOW) for the primarily unincorporated portion of the Florida Keys in Monroe County, and to perform other work related to stormwater planning. The COUNTY will develop a SOW, assemble and coordinate with a Technical Advisory Committee, create a Request for Qualifications, evaluate permitted stormwater systems and water quality "hotspots". WORK BREAKDOWN STRUCTURE Task 1. Hire a Stormwater Project Manager. The COUNTY will hire an employee (Stormwater Project Manager) to perform or manage the work items in this Statement of Work. To ensure recruitment of the most qualified individual, the COUNTY recruitment shall be in accordance with the COUNTY'S personnel policies and applicable Florida Statutes. If there is not a qualified internal candidate, the COUNTY, in addition to those competitive processes already established, shall also advertise on a national basis in appropriate trade publications and professional journals, in addition to local newspapers. The DISTRICT will provide assistance in identifying appropriate trade publications and professional journals. The DISTRICT will provide the use of office space and a personal computer for the Stormwater Project Manager, if requested by the COUNTY. Deliverable - Resume of qualified employee hired as Stormwater Project Manager. Due Date - The effective date of this Amendment No. 1. Task 2. Form a Stormwater Technical Advisory Committee The Stormwater Project Manager shall form a Technical Advisory Committee (TAC) whose purpose will be to provide technical expertise and guidance on: the development of a the SOW; the hiring of a contractor to develop the Master Plan; and the development of the Master Plan. The TAC will be composed of representatives from appropriate local, state, and federal agencies possessing specific expertise in stormwater management and related issues. The COUNTY will submit the names of TAC members to the Monroe County Board of County Commissioners (BOCC) for approval and present the list to the Florida Keys Water Quality Protection Plan Steering Committee. The Stormwater Project Manager may also utilize other experts for non - Page 1 of 5, Exhibit "A I" to Agreement No. C-8791 binding peer review if needed. The DISTRICT'S Project Manager will approve those individuals used for formal or informal review that are not members of the TAC. The COUNTY will convene and coordinate meetings of the TAC as needed. The COUNTY will submit to the DISTRICT the minutes or a complete summary of each TAC meeting. Deliverable - BOCC Approved list of TAC Members and TAC meeting summaries. Date - 365 days from the effective date of this Amendment No. 1. Task 3. Develop a Stormwater Management Master Plan Statement of Work. The Stormwater Project Manager will develop and submit a Draft Stormwater Management Master Plan SOW to the DISTRICT for review and comment. The draft outline for the SOW, Appendix I, was prepared jointly by the DISTRICT, Florida Department of Environmental Protection, Department of Community Affairs and the COUNTY, and shall serve as the basis for the SOW. The Final SOW shall include a concise statement of goals and objectives of the plan, a complete description of work and tasks to be performed, the estimated time frame to complete the plan and identify possible sources of funding for development of the plan. The Final SOW will be reviewed and approved by the TAC. Deliverable - A detailed Draft Statement of Work for a Stormwater Management Master Plan for the primarily unincorporated portion of the Florida Keys in Monroe County. Due Date - 180 days from effective of this Amendment No. 1. Deliverable - A detailed Final Statement of Work for a Stormwater Management Master Plan for the primarily unincorporated portion of the Florida Keys in Monroe County approved by the TAC. Due Date - 210 days from effective date of this Amendment No. 1. Task 4. Develop a Request for Qualifications. The Stormwater Project Manager shall develop a Request for Qualifications (RFQ) based on the work requirements of the SOW. The RFQ will be used to solicit responses from professional firms wishing to be considered for hire to develop the Stormwater Management Master Plan. The RFQ will meet all COUNTY procurement requirements for professional services. Deliverable - A Request for Qualifications. Due Date - 365 days from effective date of this Amendment No. 1. Page 2 of 5, Exhibit "A 1" to Agreement No. C-8791 Task 5. Coordinate incorporation of a Stormwater Management System into the Site Design for the County Park and Marina at Boot Key Harbor in Marathon. The DISTRICT and the COUNTY will cooperate in the development of a stormwater management system for COUNTY owned property at Boot Key Harbor. The Stormwater Project Manager will review the site plans for the park and marina to ensure that the design can incorporate future stormwater runoff treatment systems. The COUNTY will submit the final site plan to the DISTRICT. The Stormwater Project Manager may need to set up coordinating meetings between the COUNTY and the DISTRICT, other agencies and interested parties. Deliverable - Conceptual Site Plan for Boot Key Harbor Park and Marina. Due Date - 365 days from effective date of this Amendment No. 1. Task 6. Stormwater "Hot Spot" Evaluation. The COUNTY shall inspect highest priority water quality hot spot locations identified in the Florida Keys National Marine Sanctuary's Water Quality Protection Program as revised in the DISTRICT'S Draft Florida Keys Water Quality Plan. The purpose of the site inspections will be to determine which locations are significantly impacted by stormwater runoff pollution, ascertain the possible causes and to rank hot spots in order of severity. A field report will be completed for each inspection that will, minimally, include the date of inspection, antecedent weather conditions, observed discharges, water quality and potential problems, interviews with any residents or property owners or other pertinent information. This task shall include a compilation of existing water quality data, reports and geographical information system (GIS) coverages to link the available data to specific hot spots. The COUNTY shall determine and describe the nature of any data gaps, and may recommend monitoring programs tied to objectives. Deliverable - A report will be submitted that includes an overview, description of methods, new data collected, summaries of existing data by location, discussion of possible sources by location, and identifies any necessary monitoring or new data collection programs. Due Date - 310 days from effective date of this Amendment No. 1. Task 7. Review of Existing Permitted Stormwater Systems. The purpose of this task is to characterize stormwater management systems permitted by either the DISTRICT or COUNTY in the Florida Keys. Information will be summarized from several representative sites. Information will include: permit number, date of permit, type of permit, date constructed, criteria applied, criteria as -built (if known), best management practices (BMPs) utilized, land use, X/Y or latitude/longitude coordinates, size of area served, property address, requirements for maintenance and other pertinent observations. Page 3 of 5, Exhibit "A1" to Agreement No. C-8791 Deliverable - A report will be submitted that includes the information described above. The report may also identify recommended research needs related to the development of different BMPs for the Keys. Due Date - 310 days from effective date of this Amendment No. 1. Task 8. Compile Stormwater Education Program Materials. The COUNTY shall assist the DISTRICT to locate and acquire public education materials related to stormwater runoff or nonpoint source pollution. Examples include the University of Connecticut's Non -Point Source Pollution Education Program for Municipal Officials (NEMO), the Florida Yards and Neighbors program and materials produced by Florida Department of Environmental Protection and the U.S. Environmental Protection Agency. The COUNTY shall coordinate a public awareness component of the proposed neighborhood or community canal improvement project if the Florida Keys Water Quality Protection Program Steering Committee or Technical Advisory Committee implements the project within the time frame of this AGREEMENT. The COUNTY may recommend a process to develop a public education/awareness program and incorporate the program into local activities. Deliverable - The COUNTY shall provide examples of all public education materials compiled. The COUNTY shall submit a briefing paper describing public awareness promotion activities associated with the Water Quality Protection Program canal improvement project. Due Date(s) - 365 days from the effective date of this Amendment No. 1. Task 9. Coordinate with Other Agencies The COUNTY shall coordinate its stormwater management efforts with the various agencies involved in stormwater management planning, regulation and implementation. The COUNTY shall develop working relationships with the staffs of the various agencies. The COUNTY shall also provide periodic updates, as needed, to the DISTRICT'S Governing Board, the Monroe County Board of County Commissioners and the Florida Keys National Marine Sanctuary Water Quality Protection Steering Committee. Task 10. Big Pine Key Freshwater Lens Study The COUNTY'S Stormwater Project Manager shall also provide assistance to the DISTRICT for a Big Pine Key Freshwater Lens Study. Duties will be limited and secondary to stormwater tasks 1 though 9 of this AGREEMENT. Page 4 of 5, Exhibit "A 1" to Agreement No. C-8791 DELIVERABLE AND PAYMENT SCHEDULE The DISTRICT will pay to the COUNTY the following dollar amounts upon acceptance of the deliverables according to the following schedule. Task No. Deliverable Due Date* Payment 1 Resume of qualified employee hired Effective date $-0- as Stormwater Project Manager of amended contract 2 BOCC Approved list of TAC 365 days $ 5,000 Members and TAC meeting summaries 3 Draft Statement of Work for the 180 days $10,000 Stormwater Master Plan 3 Final Statement of Work for the 210 days $10,000 Stormwater Master Plan 4 A Request for Qualifications 365 days $-0- 5 Boot Key Harbor Conceptual Site Plan 365 days $-0- 6 Report on Stormwater "Hot Spots" 310 days $10,000 7 Report on Evaluation of Permitted Stormwater 310 days $10,000 8 Stormwater Education Materials 365 days $ 5,000 TOTAL $50,000 * Note: Due dates are the number of days from the date of effective date of this Amendment No. 1 to the Contract. Page 5 of 5, Exhibit "A1" to Agreement No. C-8791