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Ratification of Second Amendment to Agreement With Southwest Florida Water Management District for Weeki Wachee Springshed Stormwater Retrofits
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BRIEF OVERVIEW
On December 11, 2018 (Agenda Item #15106), the Board approved a Cooperative Funding Agreement (Type 3) between the Southwest Florida Water Management District (SWFWMD) and Hernando County for the Weeki Wachee Springshed Stormwater Retrofits, Project No. WW05, Agreement No. 19CF0001795. The Agreement consisted of design, permitting and construction of stormwater BMPs to retrofit multiple existing urban drainage retention areas with denitrification cells utilizing biosorption activated media (BAM). The retention areas are within three (3) miles of the Weeki Wachee Springs headspring.
On June 28, 2022 (Agenda Item #16036), the Board approved a First Amendment to the existing Agreement to extend the contract period, update the Contract/Project Managers, modified the Project Schedule, and updated contract language applicable to the District’s cooperatively funded projects.
On April 4, 2024, the Department of Public Works received a letter and Second Amendment from SWFWMD to amend the existing Agreement. Attached for the Board’s review and approval is a Second Amendment to the Agreement to include:
1. Amend the Project Contacts and Notices Paragraph to replace the Cooperator’s Project Manager with Donald Carey.
2. Replace the first paragraph of the Funding Paragraph in its entirety.
3. Subparagraph 2 of the Funding Paragraph is replaced in its entirety.
4. Subparagraph 3 of the Funding Paragraph is replaced in its entirety.
5. Subparagraph 9 of the Funding Paragraph is replaced in its entirety.
6. New Subparagraph 10 of the Funding Paragraph is added.
7. Contract Period is amended to extend the expiration date of June 30, 2024,to December 31, 2025.
8. Paragraph 16 is amended to delete subparagraphs 16.1 and 16.2.
9. Paragraph 17 is deleted in its entirety.
10. The Documents Paragraph is replaced in its entirety.
11. The Project Schedule is replaced in its entirety.
12. The terms, covenants, and conditions set forth in the Existing Agreement that have not been specifically amended will continue in existence, are ratified, approved, and confirmed, and will remain binding upon the parties.
It is recommended that the Board approve and ratify the County Administrator’s signature on the attached Second Amendment to Agreement.
FINANCIAL IMPACT
There is no financial impact extending the expiration date of the agreement. Funding for the project is currently budgeted in the following account:
Expenditure:
Fund: 7552 - Stormwater MGMT MSTU, Department: 09552 - Stormwater Mgmt MSTU, Account: 5606309 - Improvements-Stormwater
LEGAL NOTE
The Board has the authority to take action on this matter pursuant to Chapter 125, Florida Statutes.
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RECOMMENDATION
It is recommended that the Board approve and ratify the County Administrator’s signature on the attached Second Amendment to Agreement with the Southwest Florida Water Management District for the Weeki Wachee Springshed Stormwater Retrofits (WW05).