Resolution 108-2016Exhibit C
RESOLUTION NO. 108 - 2016
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING AND AUTHORIZING THE EXECUTION OF
THE LOCALLY FUNDED AGREEMENT BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY, FLORIDA
FOR MONROE COUNTY'S INITIAL CAPITAL
IMPROVEMENT COST OF $2,700,000 FOR REPAIR AND
REHABILITATION OF THE OLD SEVEN MILE BRIDGE
BETWEEN KNIGHTS KEY AND PIGEON KEY.
WHEREAS, the DEPARTMENT owns and has jurisdiction over the Old Seven Mile
Bridge 900020 (the "Bridge"), located in Monroe County, Florida; and
WHEREAS, the Parties entered into the Rehabilitation of Old Seven Mile Bridge
Agreement dated March 19, 2014 (the "Bridge Agreement"), which includes the repair and
rehabilitation of the Bridge from Knights Key to Pigeon Key in Monroe County, Florida, (the
"PROJECT"); and
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the construction of the PROJECT under financial project number
413721-2-1-52-01; and
WHEREAS, pursuant to the Bridge Agreement, each Party is responsible for a portion of
the construction of the PROJECT, as the PROJECT is generally described in Exhibit "A",
`SCOPE OF SERVICES', attached hereto and made part hereof,
WHEREAS, in order to proceed with the construction of the PROJECT under
DEPARTMENT financial project number 413721-2-52-01the COUNTY is required to fund its
Initial Capital Improvement Cost for the PROJECT; and
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 339.12 (2015) , Florida Statutes, and authorize its officers to do so.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Monroe County, in consideration of the premises, the mutual covenants and other valuable
consideration contained herein, the receipt and sufficiency of which are hereby acknowledged,
hereby:
1. Approves and authorizes execute of the Locally Funded Agreement between the State
of Florida Department of Transportation and Monroe County, Florida for
Rehabilitation of the Old Seven Mile Bridge.
2. Upon execution, this Resolution will be made a part of the Locally Funded
Agreement as Exhibit C.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 181h day of May, A.D., 2016
Mayor Heather Carruthers
Mayor Pro Tern George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
HEAVILIN, Clerk
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Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into
this 18th day of May, 2016, between the MONROE COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as the `COUNTY', and the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION a component agency of the State of Florida, hereinafter referred to as the
`DEPARTMENT', individually referred to as "Party" and collectively, referred to as the `PARTIES'.
RECITALS:
WHEREAS, the DEPARTMENT owns and has jurisdiction over the Old Seven Mile Bridge
900020 (the `Bridge"), located in Monroe County, Florida; and
WHEREAS, �he Parties entered into the Rehabilitation of Old Seven IMile Bridge Agreement
dated March 19, 2014 (the "Bridge Agreement"), which includes the repair and rehabilitation of the
Bridge from Knights Key to Pigeon Key in Monroe County, Florida, (the "PROJECT"); and
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the construction of the PROJECT under financial project number
413721-2-1-52-01; and
WHEREAS, pursuant to the Bridge Agreement, each Party is responsible for a portion of the
construction of the PROJECT, as the PROJECT is generally described in Exhibit "A", `SCOPE OF
SERVICES', attached hereto and made part hereof;
WHEREAS, in order to proceed with the construction of the PROJECT under
DEPARTMENT financial project number 413721-2-52-01the COUNTY is required to fund its Initial
Capital Improvement Cost for the PROJECT; and
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 339.12 (2015) , Florida Statutes, and authorize its officers to do so.
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-52-01
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable consideration contained herein, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein
by reference and made a part hereof.
2. General Requirements
(a) A true and correct copy of the Resolution of the COUNTY Commission approving
this Agreement is attached hereto as Exhibit "C", `COUNTY RESOLUTION', and is
incorporated herein by reference.
6) E-Verify:
In the event that the COUNTY is required to utilize contractors or vendors, the
COUNTY shall require its contractors or vendors to:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the Agreement; and
ii. Expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term.
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page 2 of 11
The COUNTY shall insert the above clause into any contract entered into by the
COUNTY with vendors or contractors hired by the COUNTY for purposes of
performing its duties under this Agreement, if any.
(c) The DEPARTMENT will administer and construct the PROJECT in accordance with
the signed and sealed PROJECT plans, and as generally described in the attached
Exhibit "A", `SCOPE OF SERVICES'.
(d) The Parties agree that the estimated amount of the PROJECT is THIRTY SIX
MILLION FIVE HUNDRED THIRTY TWO THOUSAND SIX HUNDRED AND
FIVE and 00/100 DOLLARS ($36,532,605.00). The COUNTY will provide funding
to the DEPARTMENT in the aggregate amount of TWO MILLION SEVEN
HUDRED THOUSAND AND 001/00 DOLLARS ($2,700,000.00), for the
construction of the PROJECT, subject further to the provisions in Section 3 of this
Agreement, and as outlined in the attachment Exhibit `B", "Financial Summary",
which is herein incorporated by reference.
(e) The DEPARTMENT Contractor will not commence work on the PROJECT until
COUNTY funding for the PROJECT is on deposit with the DEPARTMENT.
(f) Upon the receipt, authorization and encumbrance of funding received from the
COUNTY as a result of this Agreement, the DEPARTMENT Contractor will
commence work on the PROJECT.
3. Financial Provisions.
(a) Upon execution of the contract for construction of the PROJECT the DEPARTMENT
shall invoice the COUNTY in the amount of TWO MILLION SEVEN HUNDRED
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page 3 of I I
THOUSAND and 00/100 DOLLARS ($2,700,000.00) to be used for the estimated PROJECT
cost for locally funded project number 413721-2-52-01. The DEPARTMENT may utilize this
contribution for payment of the costs of the PROJECT.
(b) If the actual cost of the project is less than the funds provided the excess will be
applied to other phases on the PROJECT.
(c) The payment of funds under this Agreement will be made directly to the
DEPARTMENT for deposit within 30 calendar days following invoicing by the
DEPARTMENT.
(d) Contact Persons:
MONROE COUlqTY:
1100 Simonton Street, Suite 2-205
Key West FL, 33040
ATT: Roman Gastesi, County Administrator
Telephone: (305) 292-4441
Fax: (305) 292-4544
Federal Employer ID # (FEIN)
DEPARTMENT:
District 6
1000 NW I I 1 `h Avenue
ATT: Pablo Orozco, P.E. Project Manager
Telephone: (305) 470-5370
Fax: (305) 470-5369
(e) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year.
Locally Funded .Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page 4 of 11
Any contract, verbal or written, made in violation of this subsection is null and void,
and no money may be paid on such contract. The Department shall require a statement
from the Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one year, but
any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in
excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a
term for a p�riod of more than one year."
4. Effective Date of this Agreement. This Agreement shall become effective upon execution
by the COUNTY and the DEPARTMENT and as of the date set forth on page one (1) hereof.
5. Provisions Separable. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered invalid or unenforceable by
virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part.
6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of
the DEPARTMENT and the COUNTY, expressed in writing and executed and delivered by
each.
7. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made
and received when delivered (personally, by courier service such as Federal Express, or by
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page 5 of 11
other messenger) against receipt or upon actual receipt of registered or certified mail, postage
prepaid, return receipt requested, addressed as set forth in Paragraph 3(d) herein.
Any party may alter the address to which communications or copies are to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and
entire Agreement between the Parties with respect to such subject matter and supersede any
and all other prior written or oral agreements between them with respect to such subject
matter.
9. Binding Effect. This Agreement shall be binding upon the Parties and their respective
representatives, successors and assigns.
10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall not be
considered as or constitute a continuing waiver or a waiver of any other breach of the same or
any other provision of this Agreement.
11. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
12. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to (a) confer upon any entity or person other than the Parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this Agreement; or (b)
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page 6 of 1 1
authorize anyone not a party to this Agreement to maintain an action pursuant to or based
upon this Agreement.
13. Other Documents. The Parties shall take all such actions and execute all such documents
which may be reasonably necessary to carry out the purposes of this Agreement, whether or
not specifically provided for in this Agreement; provided that the Parties further acknowledge
that certain additional actions by the COUNTY may require approval by the Board Of County
Commission of Monroe County, and, to the extent such approval is required by applicable
law, obtaining such approval shall be a condition to the obligations of the COUNTY under
this Section.
14. Governing Law. This Agreement and the interpretation of its terms shall be governed by the
laws of the State of Florida, without application of conflicts of law principles. Venue for any
judicial, administrative or other action to enforce or construe any term of this Agreement or
arising from or relating to this Agreement shall lie exclusively in Miami -Dade County,
Florida.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BALNK.
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-1-1-52-01
Page 7 of 11
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on
the day and year first above written, the COUNTY, signing by and through its authorized signatory
below, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and
through its District Secretary, each duly authorized to execute same.
COUNTY: STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
ASST. COUNTY ATTORNEY
Y:
L?] 4"'-
DISTRICT SEC ARY
ATTEST:
(SEAL) EXECUTIV EC-RET _ftY =
'WAL •REVIEW:
DISTRICT CHIEF C L
ROE COS. �V'-{ IfA cY
Locally Funded Agreement between Monroe County and A
the Florida Department of Transportation, Financial Project Number 413721-2-%; 52=01
Page 8 of I 1
EXHIBIT `A'
SCOPE OF SERVICES
The PROJECT work consists of constructing the initial rehabilitation of the bridge to improve the
safety of pedestrians and limited vehicular capacity of 17 TONS (SU2 Type Truck), which will allow
access from Knights Key to Pigeon key for fire and rescue vehicles.
PROJECT LIMITS: Knights Key to Pigeon Key
DEPARTMENT Financial Project Number: 413721-2-1-52-01
COUNTY: Monroe
DEPARTMENT Project Manager: Pablo Orozco, P.E.
COUNTY Project Manager: Roman Gastesi, County Administrator
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page 9 of 1 1
EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 413721-2-52-01for PROJECT completion:
Fiscal Yeari Amount: Fund T e:
2016/2017 $ 2,700,000.00 Local Funds (LF)
COUNTY FINANCIAL RESPONSIBILITY: $ 2,700,000.00
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page 10 of 11
EXHIBIT `C'
COUNTY RESOLUTION
To be attached hereto and incorporated herein once ratified by the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY.
Locally Funded Agreement between Monroe County and
the Florida Department of Transportation, Financial Project Number 413721-2-1-52-01
Page l l of 11