WITNESSETH: 1. Paragraph 3, Funding, is hereby amended to increase PROJECT funding by $131,827 by replacing the paragraph in its entirety as follows:

Transcription

1 AGREEMENT NO. 09CS SECOND AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND MANATEE COUNTY FOR i PERIGO PRESERVE ENVIRONMENTAL RESTORATION (W619) "' This SECOND AMENDMENT entered into and effective this 31st day of Decemb~r 2012 by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida , hereinafter referred to as the "DISTRICT," and MANATEE COUNTY, a political subdivision of the State of Florida, whose address is 1112 Manatee Avenue West, Bradenton, Florida 34205, hereinafter referred to as the "COUNTY.". \ WITNESSETH: WHEREA?, the DISTRICT and the COUNTY entered into an Agreement effective February 1, 2009 (Original Agreement), as amended December 31, 2011, for the restoration and enhancement of approximately 57 acres of intertidal wetlands and coastal uplands with the Perico Preserve; and ' WHEREAS, the parties hereto wish to further amend the Agreement to extend the co ntract period, revise the budget to include fiscal- year 2013 funds and revise the schedule of activities in order to complete construction activities, and to add new provisions applicable to the DISTRICT'S cooperatively funded projects. NOW THEREFORE, in consideration of the mutual terms; covenants and conditions contained herein, the parties hereby mutually agree to amend the Original Agreement, effective February 1, 2009, as amended, as follows: 1. Paragraph 3, Funding, is hereby amended to increase PROJECT funding by $131,827 by replacing the paragraph in its entirety as follows: 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Five. Hundred Eighty-Four Thousand One Hundred Ninety-Nine Dollars ($584, 199). The DISTRICT agrees to fund PROJECT costs up to Five Hundred Eighty-Four Thousand One Hundred Ninety-Nine Dollars ($584, 199) and will have no obligation to pay any costs beyond this maximum amount. The COUNTY has provided the DISTRICT with documenta.tion of their land acquisition costs for the Perico Preserve ($6,000,000), to serve as their match of DISTRICT'S funds. The COUNTY will be responsible for all construction costs related to recreational park facilities including, but not limited to, boardwalks, decks, and restroom facilities. The COUNTY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. Page 1 of 3

2 2. Paragraph 5; Contract Period, is hereby amended to extend the expiration date of December 31, 2012, in the First Amendment, to June 30, New Paragraphs 24, Disclaimer, and Paragrap h 25, Survival, are hereby added as follows: 24. DISCLAIMER. Notwithstanding any other provision in this Agreement, the COUNTY assumes all risks relating to the PROJECT and agrees to be solely liable for any claims, loss, damage and other expenses, including all attorneys' fees and costs, arising from the implementation of the PROJECT. The DISTRICT expressly disclaims any and all responsibility or liability to the COUNTY or third persons for the.actions of the COUNTY or third persons resulting in death, bodily injury, property damage, or any other losses resulting in any way from COUNTY'S performance of this Agreement. The acceptance of the DISTRICT'S funding by the COUNTY does. not in any way constitute an agency relationship between the DISTRICT and the COUNTY. 25. SURVIVAL. The provisions. of this Agreement that require performance after the expiration or termination of this Agreement will remain in force notwithstanding the expiration or termination of this Agreement including Subparagraph 3.1 and Paragraphs 8, and Exhibit "B,", Paragraph 4, Schedule of Activities, is hereby replaced in its entirety with the following: 4. SCHEDULE OF ACTIVITIES \ Task Commencement Completion ~ Design/permitting May 2009 Completed Competitive Bid/Procurement October 2011 Completed Notice to Proceed January 2012 Completed. Earthmoving/exotic species eradication January 2012 Completed Revegetation May.2012.March 2013 Interpretive Signage October 2012 March 2013 Final Report March 2013 April2013 ' 5. Exhibit "B," Paragraph 5, Project Budget, is hereby replaced in its entirety with the following: 5. PROJECT BUDGET Task DISTRICT COUNTY 1 Total Engineering Design, Permitting, and $584,199 In-kind $584,199 Construction Total $584,199 In-kind $584,199 Page 2 of 3

3 The COUNTY, separate to this agreement, acquired the property for $6,000,000 using General Fund Revenue, the source of match for DISTRICT funds. The COUNTY shall be responsible for all construction costs related to recreational park facilities including, but not limited to, boardwalks, decks, and restroom facilities. 6. Exhibit "C," Special Audit Requirements, Attachment 1, is hereby amended to recognize that DISTRICT resources awarded to the COUNTY is $358,013 and the total award is $584, The terms, covenants and conditions set forth in the Original Agreement, as amended, that have not been specifically amended herein, will continue in existence, are hereby ratified, approved and confirmed, and will remain binding upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Robert R. Beltran, P.E. Executive Director, Chairman d of County Commissioners ;;;; :.. 11-!d- Date DISTRICT APPROVAL LEGAL RISKMGMT CONTRACTS BUREAU CHIEF DIRECTOR GOVERNING BOARD Page 3 of 3

4 Southwest Florida Water Management District _ 2379 Broad Street, Brooksville, Florida (352) or (FL only) On the World Wide Web at WaterMatters.org Bartow Service Office 170 Century Boulevard Bartow, Florida (863) or (FL only) Sarasota Service Office 6750 Fruitville Road Sarasota, Florida (941) or (FL only) Tampa Service Office 7601 U.S. 301 North Tampa, Florida (813) or (FL only) H. Paul Senft, Jr. Chair, Polk Douglas B. Tharp Vice Chair, Sumter Albert G. Joerger Secretary, Sarasota Jeffrey M. Adams Treasurer, Pinellas Todd Pressman Former Chair, Pinellas Michael A. Babb Hillsborough Carlos Baruff Manatee Jennifer E. Clouhey Hillsborough Wendy Griffin Hillsborough Randall S. Maggard Pasco George W. Mann Polk Vacant oesoto, HardeeorHighlands Vacant Hernando or Marion Blake c. Guillory Executive Director January 3, 2013 Ms. Maggie Marr Grants Coordinator Manatee County Natural Resources Department oth Street West Bradenton, Florida Subject: Second Amendment to the Agreement for Perico Preserve Environmental Restoration; SWFWMD Agreement No. 09CS Dear Ms. Marr: RECEIVED JAN MANATEE COUNTY NATURAL AESOURCl:S DEPT Enclosed is one (1) fully executed original of the second amendment to the agreement between the District and Manatee County for the subject project. If you have any questions, please feel free to contact me at the Tampa Service Office at (813) , extension Sincerely, 61~-d~ Stephanie T. Powers Staff Environmental Scientist Surface Water Improvement and Management Program Natural Systems and Restoration Bureau Enclosures cc: W619 Project File

5 RESOLUTION B AMENDING THE ANNUAL BUDGET FOR MANATEE COUNTY, FLORIDA FOR FISCAL YEAR WHEREAS, Florida Statutes , authorizes the Board of County Commissioners to amend its budget for the current fiscal year as follows: a) Appropriations for expenditures in any fund may be decreased and other appropriations in the same fund correspon<;lingly increased, provided the total appropriations of the fund are not changed. b) Appropriations from reserves may be made to increase the appropriation for any particular expense 1 the same fund, or to create an appropriation in the fund for any lawful purpose. c) Unanticipated revenues, including increased receipts for enterprise or proprietary funds, may be appropriated for their intended purpose, and may be transferred between funds to properly account for the unanticipated revenue. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Manatee County, Florida that the budget is hereby amended in accordance with FS as described on the attached summary and specified in the budget adjustment batch files which are listed below: Department: Fund: Description: NATURAL RESOURCES PARKS & RECREATION CAP FUND Appropriates $131,827 additional Southwest Florida Water Management District (SWFWMD) grant award for the Perico Preserve Restoration project Amendment #2 awarding the funds and extending the completion date to June 30, 2013, is to be executed by the Board this.same date. Manatee County's match is the land purchase. Batch ID: BAJSB20B Reference: BU ~ED IN OPEN SESSION WITH A QUORUM PRESENT AND VOTINGTHIS_-'(,_ 1=--_DAYOF ~ CE-rt-bf/!L..---, COMMISSIONERS FLORIDA

6 AGREEMENT NO. 09CS SECOND AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND MANATEE COUNTY FOR PERIGO PRESERVE ENVIRONMENTAL RESTORATION (W619) This SECOND AMENDMENT entered into and effective this 31st day of December 2012 by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida , hereinafter referred to as the "DISTRICT," and MANATEE COUNTY, a political subdivision of the State of Florida, whose address is 1112 Manatee Avenue West, Bradenton, Florida 34205, hereinafter referred to as the "COUNTY." WITNESSETH: WHEREAS, the DISTRICT and the COUNTY entered into an Agreement effective February 1, 2009 (Original Agreement), as amended December 31, 2011, for the restoration and enhancement of approximately 57 acres of intertidal wetlands and coastal uplands with the Perico Preserve; and WHEREAS, the parties hereto wish to further amend the Agreement to extend the contract period, revise the budget to include fiscal year 2013 funds and revise the schedule of activities in order to complete construction activities, and to add new provisions applicable to the DISTRICT'S cooperatively funded projects. NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties hereby mutually agree to amend the Original Agreement, effective February 1, 2009, as amended, as follows: 1. Paragraph 3, Funding, is hereby amended to increase PROJECT funding by $131,827 by replacing the paragraph in its entirety as follows: 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Five Hundred Eighty-Four Thousand One Hundred Ninety-Nine Dollars ($584, 199). The DISTRICT agrees to fund PROJECT costs up to Five Hundred Eighty-Four Thousand One Hundred Ninety-Nine Dollars ($584, 199) and will have no obligation to pay any costs beyond this maximum amount. The COUNTY has provided the DISTRICT with documentation of their land acquisition costs for the Perico Preserve ($6,000,000), to serve as their match of DISTRICT'S funds. The COUNTY will be responsible for all construction costs related to recreational park facilities including, but not limited to, boardwalks, decks, and restroom facilities. The COUNTY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. Page 1 of 3

7 2. Paragraph 5, Contract Period, is hereby amended to extend the expiration date of December 31, 2012, in the First Amendment, to June 30, New Paragraphs 24, Disclaimer, and Paragraph 25, Survival, are hereby added as follows: 24. DISCLAIMER. Notwithstanding any other provision in this Agreement, the COUNTY assumes all risks relating to the PROJECT and agrees to be solely liable for any claims, loss, damage and other expenses, including all attorneys' fees and costs, arising from the implementation of the PROJECT. The DISTRICT expressly disclaims any and all responsibility or liability to the COUNTY or third persons for the actions of the COUNTY or third persons resulting in death, bodily injury, property damage, or any other losses resulting in any way from COUNTY'S performance of this Agreement. The acceptance of the DISTRICT'S funding by the COUNTY does not in any way constitute an agency relationship between the DISTRICT and the COUNTY. 25. SURVIVAL. The provisions of this Agreement that require performance after the expiration or termination of this Agreement will remain in force notwithstanding the expiration or termination of this Agreement including Subparagraph 3.1 and Paragraphs 8, and Exhibit "B,", Paragraph 4, Schedule of Activities, is hereby replaced in its entirety with the following: 4. SCHEDULE OF ACTIVITIES Task Commencement Completion Design/permitting May 2009 Completed Competitive Bid/Procurement October 2011 Completed Notice to Proceed January 2012 Completed Earthmoving/exotic species eradication January 2012 Completed Revegetation May 2012 March 2013 Interpretive Signage October 2012 March 2013 Final Report March 2013 April Exhibit "B," Paragraph 5, Project Budget, is hereby replaced in its entirety with the following: 5. PROJECT BUDGET Task DISTRICT COUNTY 1 Total Engineering Design, Permitting, and $584,199 In-kind $584,199 Construction Total $584,199 In-kind $584,199 Page 2 of 3

8 The COUNTY, separate to this agreement, acquired the property for $6,000,000 using - ) General Fund Revenue, the source of match for DISTRICT funds. The COUNTY shall be responsible for all construction costs related to recreational park facilities including, but not limited to, boardwalks, decks, and restroom facilities. 6. Exhibit "C," Special Audit Requirements, Attachment 1, is hereby amended to recognize that DISTRICT resources awarded to the COUNTY is $358,013 and the total award is $584, The terms, covenants and conditions set forth in the Original Agreement, as amended, that have not been specifically amended herein, will continue in existence, are hereby ratified, approved and confirmed, and will remain binding upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ;v "'-.... rj ; By~T' I '-...,,// , ,. Date., Chairman. d of County Commissioners Date DISTRICT APPROVAL LEGAL RISKMGMT CONTRACTS BUREAU CHIEF DIRECTOR GOVERNING BOARD INITIALS ~ lj\1\ - ~ 1)\(\ D)'\TE "L" II.,_ Ill!\\ \,2, "{ \1 ~-- Page 3 of 3

9 Manatee County Government Administrative Center Commission Chambers, First Floor 1:30 p.m - December 11, 2012 December 11, 2012 Regular Meeting Agenda Item #23 Subject Perico Preserve - SWFWMD Second Amendment Briefings None Contact and/or Presenter Information Charlie Hunsicker Director, Natural Resources ext Action Requested Authorization for the Chairman to execute Amendment 2 to the Perico Preserve Agreement with Southwest Florida Water Management District for an additional $131,827, extending the timeline for restoration activities; also adoption of Resolution of B amending the Annual Budget of Manatee County, Florida, for fiscal year Enabling/Regulating Authority F.S. Chapter 125, County Government Background Discussion The County was awarded funding from the Southwest Florida Water Management District (SWFWMD) and entered into an agreement effective February 1, 2009 for the restoration and enhancement of approximately 57 acres of intertidal wetlands and coastal uplands with Perico Preserve. Amendment 1 to the Agreement extended the expiration date of December 31, 2011, to December 31, In Amendment 2, both SWFWMD and Manatee County have agreed to further amend the Agreement to extend the contract period to June 30, 2013, revise the schedule of activities in order to complete construction activities, and increase SWFWMD funding for the project by $131,827. Amendment 2 is an extension of time with no increase in costs associated with this action. (County match is land purchase.)

10 County Attorney Review Not Reviewed (Utilizes exact document or procedure approved within the last 18 months) Explanation of Other Manatee County Government Administrative Center Commission Chambers, First Floor 1:30 p.m - December 11, 2012 Reviewing Attorney N/A Instructions to Board Records Please return both originals of the amendment to Pat Hennen, Natural Resources Department, for transmittal to Stephanie Powers at SWFWMD for execution. Cost and Funds Source Account Number and Name NA Amount and Frequency of Recurring Costs NA Attachment: Resolution_B pdf Attachment: agenda_perico-swfwmd_amend_2.pdf

11 From: To: Subject: Date: Attachments: Pati Kopke Abby Lindecamp; Robin Amos; Susan Flowers; Millie Blevins B Wednesday, December 19, :56:00 PM BC DOCA23.pdf Attached please find the above referenced budget amendment that was approved at the 12/11/12 Board of County Commissioners meeting. It's a beautiful day, go out and enjoy it :) Pati Kopke Board Records For R.B. "Chips" Shore Manatee County Clerk of the Circuit Court & Comptroller Pati.Kopke@ManateeClerk.com Ext "Pride in Service with a Vision to the Future"