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Amendment No. 1C90-1414-A1 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND MONROE COUNTY, FLORIDA This AMENDMENT NO. 1 made this day of >40,,v ber- , 19_gg to that COOPERATIVE AGREEMENT (AGREEMENT) dated September 28, 1990 between the South Florida Water Management District (DISTRICT) and Monroe County (COUNTY). WITNESSETH: THAT WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the AGREEMENT expires on March 28, 1992; and WHEREAS, the COUNTY is in the process of amending its Stormwater Management Ordinance; and WHEREAS, the DISTRICT entered into the AGREEMENT for the purpose of providing technical and financial support to the COUNTY in this endeavor; and WHEREAS, the COUNTY will incur additional costs for the implementation and enforcement of the Stormwater Management Ordinance upon its acceptance by the Department of Community Affairs; and WHEREAS, the DISTRICT wishes to amend the Statement of Work of the AGREEMENT in order to assist the COUNTY, both financially and technically, with the implementation and enforcement of the Stormwater Management Ordinance; and WHEREAS, this amendment to the Statement of Work will extend the expiration date of the AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT, at its regular November 1990 meeting, authorized this AMENDMENT NO. 1 to the AGREEMENT; and WHEREAS, the DISTRICT has funds in its current fiscal year budget (1990-1991) which are available for the funding of this AMENDMENT NO. 1; NOW THEREFORE, in consideration of the benefits flowing from each to the other, the parties agree to amend the AGREEMENT as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The period of performance of the AGREEMENT is hereby amended and shall extend to June 30, 1992. 3. The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all additional work items described in the "Statement of Work", attached as Exhibit "A", and made a part of this AMENDMENT NO. 1. 4. As full consideration for providing the goods and services required by this AMENDMENT NO. 1, the DISTRICT shall pay the COUNTY Forty Thousand Dollars ($40,000.00). The total CONTRACT amount, including this AMENDMENT NO. 1, shall not exceed Ninety Thousand Dollars ($90,000.00). 5. All other terms and conditions of the AGREEMENT remain unchanged. Page 2 of 3, Amendment No. 1 - C90-1414-A1 IN WITNESS WHEREOF, the parties hereto have set their hands on the day, month and year written above. LEGAL FORM APPROVED sFWMD OFFICE OF C(TMEL SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GO RNING BO DATE. By: , � Chairman 1 MONROE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: Mayor/Chairman [SEAL] ATTEST: DANNY L. KOLHAGE, CLERK i ._ - ,. � j.(.r' .ter''.. • ` `•, Page 3 of 3, Amendment No. 1 - C90-1414-A1 00-1414 -Al EXHIBIT "A" STATEMENT OF WORK AMENDMENT TO A COOPERATIVE AGREEMENT WITH MONROE COUNTY STORMWATER MANAGEMENT PROGRAM • • _ K • Monroe County has been designated an Area of Critical State Concern (ACSC) by the Florida Legislature under Chapter 380, Florida Statutes, The Florida Environmental Land and Water Management Act of 1972. A Chapter 380 Resource Management Plan for the Keys has been prepared and adopted by the Florida Cabinet. The Florida Keys Resource Planning and Management Committee has been. reactivated and charged with developing recommendations regarding the ACSC designation, intergovernmental coordination, water quality, and comprehensive planning. In addition, the Growth Management Act requires Monroe County to prepare a Local Government Comprehensive Plan (LGCP). The LGCP addresses water resources issues such as Stormwater Management and the Level of Service for Flood Protection and Water Supply. District assistance has been requested by Monroe County to better understand the causes of water quality degradation in the near shore receiving waters and coral reefs and to incorporate best management practices and treatment technologies available to effectively meet water quality standards. The Scope of the Work: Monroe County has adopted a Stormwater Management Ordinance (Section 9.5-293) which has not been accepted by the Department of Community Affairs (DCA). The ordinance was developed for Monroe County by the South Florida Regional Planning Council and the District. Monroe County is amending the Stormwater Management Ordinance. On September 28,1990 the District entered into a cooperative agreement for $50,000 to provide technical and financial assistance to support this initiative. Timely implementation of the Stormwater Ordinance after it is approved by the Monroe County Board of County Commissioners and accepted by the DCA is important. Because the majority of the development which occurs in the Florida Keys falls below the General Permit threshold for Surface Water Management Permits, applicants are exempt from obtaining a District permit. Although these projects qualify for a District permit exemption, they are not exempt from complying with District regulatory criteria or local government regulations. Implementation of the Stormwater Management Ordinance will result in a full review of proposed projects by the County. As a result, Monroe County will incur additional administrative and enforcement costs upon the ordinance's approval. This amendment No. 1 in the amount of $40,000, will improve resource protection by facilitating timely implementation of the ordinance and by helping Monroe County defray the cost of the ordinance implementation. Work Breakdown Structure: Task E - Monroe County will implement the amended Stormwater Management Ordinance, Section 9.5-293 by establishing a staff position(s) to review proposed projects, process permit applications, develop permit issuance/denial recommendations, conduct permit compliance inspections, and initiate enforcement action as appropriate. The District will provide technical assistance to the county staff. The project location is Monroe County, Florida. Time Schedule and Time Frames: The time frame will begin on July 1, 1991 or upon the completion of Task A of the original contract, whichever comes first and extend until June 30, 1992. Task E - 12 months. Deliverables: Task E - Establish a staff position(s) to review proposed projects, process permit applications, develop permit issuance/denial recommendations, conduct permit compliance inspections, and initiate enforcement action as appropriate. Payment Schedule: $40,000.00 upon receipt and acceptance by the District of the deliverable for Task E. Page 2 of 2)Exhibit "A" South Florida Water Management District P.O. Box 24680 • 3301 Gun Club Road • West Palm Beach, FL 33416.4680 • (407) 686-8800 • FL WATS 1.800.432-2045 ADM 28-06 November 20, 1990 RECEIVED Captain Tom Brown 0 E C U 3 1990 Monroe County Board of Cnty Comm. COUNTY ADMINISTkATn 5825 Junior Coll Road, Wing 2, Rm 212 Key West, FL 33040 SUBJECT: Contract No. C90-1414-A1 Stormwater Dear Captain Brown: Enclosed are two (2) copies of the referenced contract amendment. Please execute and date the documents. Return the document stamped "Original" in blue ink to the Division of Procurement and Contract Administration. Please provide evidence of the signatory's authority to execute the enclosed documents. Said evidence may be in the form of a corporate resolution, copy of by- laws, etc. and should be returned along with the executed document(s) to the District. Evidence of signatory authority is only necessary in cases where the official executing the documents is: 1. For Professional Associations, otherthan a Partner, 2. For Partnerships, other than the Managing Partner, 3. For Limited Partnerships, evidence is required in all cases, 4. For Corporations, other than the President, or 5. For Businesses operating under a fictitious name, a copy of the fictitious name affidavit should be enclosed. Your cooperation and timely response will be greatly appreciated. Sincerely, -4, Harry Ni ergut Contract dministrator /dik Enclosure c: w/o attachments John Morgan Governing Board' James F. Garner. Chairman - Fort Myers Fritz Stein - Belle Glade Valerie Boyd - Maples John R. Wodraska. Executive Director Doran .A. Jason. Vice Chairman - Key Biscayne Mike Stout - Windermere James E. Nall Fort Lauderdale Tilford C. Creel, Deputy Executive Director \rsenio Milian - Miami Ken Adams - West Palm Beach Charles W. Causey - Islamorada Thomas K. MacVicar, Deputy Executive Director