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Item M14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2008 Bulk Item: Yes No Division: Growth Management Staff Contact Person: Andrew Trivette Telephone# 289 -2517 AGENDA ITEM WORDING: Approval of Amendment 7 to the Stormwater Management Master Plan, providing compensation to Camp Dresser McKee, Inc. of a reduced fee in the amount of$15,000, rather than $25,000, for additional work they completed on the plan. ITEM BACKGROUND: The County entered into an agreement with CDM to produce a stormwater management plan. The contract was amended several times and finally extended to September 30, 2008. In 2004, CDM was given the verbal authority to do various tasks for an additional $25,000. CDM completed the work but was not compensated and no contract amendment was submitted to the BOCC. After negotiation CDM has agree to accept a reduced amount of$15,000, a reduction of$10,000. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: NONE STAFF RECOMMENDATIONS: Approval TOTAL COST: $15,000 BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: J~'- 01 ObO - 53D3'fO REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing_ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised r: .. J. 7TH AMENDMENT AND SETTLEMENT AGREEMENT FOR CONTRACT SERVICES FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN This 7TH CONTRACT AMENDMENT made and entered into this _day of , 2008 between Monroe County (COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, and CAMP DRESSER & MCKEE INe. (CDM), a Massachusetts Corporation, authorized to transact business in the State of Florida, whose address is 800 Brickell Avenue, Suite 500, Miami, Florida 33131. WHEREAS, CDM and COUNTY entered into an Agreement dated August 12, 1999, for production of a Stormwater Management Master Plan; and WHEREAS, COUNTY authorized additional work/services to be performed by CDM, which was not contemplated in the original contract; WHEREAS, COUNTY agrees that CDM has performed the work/services and has not been compensated. WHEREAS, COUNTY and CDM agree to amend the contract to allow payment for the work/services completed by CDM. NOW, THEREFORE, in consideration of the mutual proffilses, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CDM agree to amend the Agreement as set forth below. 1. COUNTY and CDM entered into a contract on August 12, 1999 for production of a Stormwater Management Master Plan and amendments. The last amendment extended the contract completion time to September 30, 2008. The contract work/services have been completed. 2. During the term of the contract, COUNTY authorized additional wor~ not contemplated in the original contract or amendments, to be performed by CDM. CDM agreed to perform additional work for a fee of Twenty-Five Thousand Dollars ($25,000.00). CDM completed the work and requested payment. Page 1 of2 .. .~ .. .. 3. COUNTY and CDM agree that this amendment is for the specific purpose of allowing for payment of services authorized by the COUNTY and completed by CDM related to the Stromwater Management Master Plan. 4. COUNTY and CDM have entered into negotiations related to the amount to be paid to CDM. CDM has agreed to accept Fifteen Thousand Dollars ($15,000), instead of the Twenty- Five Thousand Dollars ($25,000) it originally requested. Further, the parties agree that this amount is acceptable and agreed to by both parties as full and final a settlement for any remaining unpaid work/services performed by CDM for COUNTY under the original contract, its amendments, any work authorized and performed outside of the scope of the contract, and any claims whatsoever related to the Stormwater Management Master Plan. IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor Mario Di Gennaro Date: Date: I. (~~ Print Name Date 7ft I{ /O'(' CAMP ~~R & MCKEE me. BY/t/~ dO Authorized to Sign for C rporation V;ch>r ..T ~j4'1s Print Name I/i Cl! &.1 /~)-- 7/1'/ joY Date: Page 2 of2 MONROE COUNTY ATTORNV) APPROVED AS TO FOR . ~ A