Amendment No. 2C90-1414-A2
AMENDMENT NO. 2
TO COOPERATIVE AGREEMENT
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
MONROE COUNTY, FLORIDA
This AMENDMENT NO. 2 made this day of t4at a a -1**' , 1992 to that
COOPERATIVE AGREEMENT (AGREEMENT) dated Seolember 28, 1990 and
subsequently amended on December 19, 1990, (AMENDMENT NO. 1) 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 June 30, 1992; and
WHEREAS, the COUNTY is still in the process of developing and adopting 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 has requested a sixteen (16) month extension to allow for
completion of the remaining tasks; review of the work products by COUNTY staff, the
DISTRICT and the Department of Community Affairs; and to allow the COUNTY
commissioners to adopt the proposed amendments to the Stormwater Management
Ordinance; and
Page 1 of 3, C90-1414-A2
WHEREAS, the COUNTY has requested an amendment to the Statement of Work
of the AGREEMENT in order to authorize completion of Task E by an engineering
consultant; and
WHEREAS, the Governing Board of the DISTRICT, at its July 1992 meeting, has
authorized this AMENDMENT NO. 2 to the AGREEMENT;
NOW THEREFORE, in consideration of the benefits flowing from each to the other,
the parties agree to amend the AGREEMENT as follows:
1. Regardless of the date of actual execution, the effective date of this
AMENDMENT NO. 2 shall be July 1, 1992.
2. The period of performance of the AGREEMENT is hereby amended and shall
extend to October 31, 1993 at no additional cost to the DISTRICT.
3. The Statement of Work, Exhibit "A' to the AGREEMENT, as previously modified
pursuant to AMENDMENT NO. 1 on December 19, 1990 and pursuant to a letter
amendment dated August 5, 1991 which is attached as Exhibit "B" to this AMENDMENT
NO. 2 and hereby incorporated into the AGREEMENT by this reference, is further
modified in accordance with the attached Exhibit "Al" attached hereto and made a part of
this AMENDMENT NO. 2.
4. All other terms and conditions of the AGREEMENT, as amended, remain
unchanged.
Page 2 of 3, C90-1414-A2
IN WITNESS WHEREOF, the parties hereto have set their hands on the day, month
and year written above.
LEGAL FORM APPROVED
SFWMD OFFICE OF COUNSEL
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
BY:
DATE: 7 2/
By: .
(Assista"hf Executiv Dire for
MONROE COUNTY, FLORIDA, BY ITS BOARD
OF COUNTY COMMISSIONERS
By:
Mayor/Chairman
[SEAL] ATTEST: DANNY L. KOLHAGE, CLERK
By:
Title: Palft tj C Itrk
er
Page 3 of 3, C90-1414-A2
C90-1414-A2
EXHIBIT "Al"
STATEMENT OF WORK
AMENDMENT NO. 2
Background
Monroe County selected a consultant on January 7, 1992 through a lengthy RFQ process
that involved input from several agencies including the District. The County has informed
the District that a Stormwater Management Ordinance can be developed and adopted as
a part of its revised Land Development Regulations (LDR's) by October 31, 1992. The only
task that will be completed by June 30, 1992 is Task C under the original Statement of
Work.
The County is proposing in its current revised Comprehensive Plan to limit building permits
to a total of 250 per year for the next 10 years. With this limited amount of expected
development, the County feels that the creation of a permanent staff position to administer
the Stormwater Ordinance cannot be justified. The County would prefer that the $40,000
allotted for Task E be utilized for payment of contractual services, whereby a registered
professional engineer is made available to perform the services desired.
Work Breakdown Structure
Task E is hereby amended to read as follows:
The County will contract for the services of a professional engineer, in accordance with all
applicable Florida law and County Procurement Prodcedures, on an "as needed" basis to
administer the amended Stormwater Management Ordinance by reviewing proposed
projects, processing permit applications, developing issuance/denial recommendations,
conducting permit compliance inspections and initiating enforcement actions as appropriate.
Time Schedule and Time Frames
Tasks shall be completed by the following revised dates:
Task A - October 31, 1992
Task B - October 31, 1992
Task C - June 30, 1992
Task E - October 31, 1993
Page 1 of 2, Exhibit "Al"
Deliverables
Deliverables for Tasks A, B and C shall remain unchanged. The deliverable for Task E
shall be deleted and replaced with the requirement for submission of properly documented
invoices for all professional engineering services performed by the consultant.
Payment Schedule
Upon receipt and acceptance of the deliverable for each task, the District shall pay the
following amounts:
Task A - $25,000
Task B - $12,500
Task C - $12,500
Task E - $40,000
Payment for Task E shall be on a "not -to -exceed" basis and will be paid as a lump sum
following completion of all work required by this Task and submission of properly
documented invoices.
Contingencies
No situations which would adversely impact contract performance are foreseen at this time.
If unforeseen situations arise which may affect the tasks, deliverables, or timetables as
defined in this Statement of Work, Monroe County will be responsible for bringing those
to the District's attention for contingency planning.
Page 2 of 2, Exhibit "Al"
EXHIBIT "B" . �3
..)South Florida Water Management District
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GOV 08-20
RECEIVED
2b, 199E
y _ AUb 1 199E
Captain Tom Brown, County Administrator
Monroe County Board of County Commissioners '1UNTY ADMINiStR,
5825 Junior C:'ollege Road
Key Wt_::t, rl. 33040
SUBJECT': Revisions to Stormwater Management Program Cooperative Agreement
Dear C avtuin Brown:
Per our meeting last week, this letter shall serve as an amendment to the Stormwater
Management Program Cooperative Agreement (C90-1414). The Cooperative Agreement was
executed on September 28, 1990 and Amendment No. I was executed on December 19,
1990.
It is the District's understanding that the County is currently devoting the majority of its
Planning staffs time to resolving DCA's objections to the comprehensive plan. Witty this in
mind, it will be necessary to revise the due dates of the deliverables. In addition, the need
for a "Directions Conference", in light of similar activities that will occur as a Dart of the
National Marine Sanctuary Program, is questionable.
As we discussed, since the revisions will not change the total amount of funding specified in
the original contract and amendment, this amendment to the contract can be accomplished
by letter with a line for your signature. Attachment I is a table showing existing and
proposed deliverables, due dates and funding amounts.
As you can see, the deliverable dates for Tasks A, B, C and E have been changed. Task D
has been eliminated and the funding amount, $12,500, has been added to Task A. Please
sign on the line provided below and return this letter to me at the above address. 1
appreciate your cooperation in this [natter.
Warm personal regards,
ames N. Smith, AICP
Intergovernmental Program Representative
AU6 115 i9yi
C-OC�
taro Tom Brown Date
County Administrator
c: 1•larry Nimmergut Page 1 of 2, Exhibit "B"
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