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1st Amendment 03/17/2010 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 5, 2010 FROM: Isabel C. DeSantis, D. C. TO: Judy Clarke, Engineering Public Works Division At March 17, 2010 BOCC meeting, the Board adopted Resolution 094-2010 approving Amendment 1 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) to increase the total contract amount by $250,000.00 to fund operation of the Pigeon Key Ferry through June 2011. Enclosed are four sets of the subject documents for your handling. Please be sure that the sets marked Monroe County Clerk's Office Original and Monroe County Finance Department's Copy are returned to this office as quickly as possible. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File ~ M~ Ccm!t1 Cerlfe ~-JC) ~ AMENDMENT ONE TO JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY This Amendment One to that certain Joint Participation Agreement AOQ11, executed on June 29, 2007 (the "Contract"), incorporated herein by reference, between Monroe County, a political subdivision of the State of Florida ("COUNTY"), and the State of Florida Department of Transportation, a component agency of the State of Florida ("DEPARTMENT"), to provide temporary ferry services for the waterborne transport of passengers and goods, ~d under Financial Project Number 414545-1-58-01 ("PROJECT"), is entered into this "2..1 day of , 20iQ. RECIT ALS: WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of the COUNTY Commission by Resolution No. 207-2007, adopted on June 20,2007, in the total amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the PROJECT costs; and WHEREAS, it is necessary to increase the total Contract amount by Two Hundred Fifty Thousand Dollars ($250,000.00) to provide additional dollars needed to fully fund the DEPARTMENT's share of PROJECT costs as identified in the attached Exhibit '81', 'Amended Financial Summary', which is herein incorporated by reference; and WHEREAS, the COUNTY Commission has adopted Resolution No. 094-2010 on 2010, to increase in the total Contract amount from $750,000.00 to $1,000,000.00; March 17 NOW, THEREFORE, for the considerations hereinafter set forth: The Contract dated June 29,2007, is hereby amended as follows: Financial Provisions shall be increased by an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00). The contract total shall not exceed One Million Dollars ($1,000,000.00). Exhibit "8" shall be supplemented by the increased amount of Two Hundred Fifty Thousand Dollars ($250,000.00) in the attached Exhibit '81'. All other terms and conditions of the Contract are in effect and remain unchanged. y: MAR 7 ATTE . T: DANNY"L KOLHAGE. CI k (SEAL). · , er By~.t;5aM C'. ilN~ . O. G . COUNTY Clerk I ATTEST: (SEAL) By: ~~ ~~-'_~ Executiv Secretary LEGAL REVIEW Bya~.(i\~~; 0 Jp!t-=.E:olftT/{}11 ~ COUNT Attorney LEGAL REV~EW: ~. f:1:1- By: ~~ :---... District Chief Counse cc: F. Guyamier; V. Croft; File EXHIBIT 'B1' AMENDED FINANCIAL SUMMARY $750,000.00 $250,000.00 TOTAL: $1,000,000.00 2 RESOLUTION NO. 094-2010 EXHIBIT E A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING AMENDMENT ONE TO THE JOINT PARTICIPATION AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY, FLORIDA TO PROVIDE TEMPORARY FERRY SERVICES BETWEEN THE CITY OF MARATHON, FLORIDA AND PIGEON KEY. WHEREAS, State of Florida Department of Transportation, a component agency of the State of Florida ("DEPARTMENT") and Monroe County, a political subdivision of the State of Florida ("COUNTY"), entered into Joint Participation Agreement AOQ11, executed on June 29, 2007 (the "Contract"), incorporated herein by reference, to provide temporary ferry services for the waterborne transport of passengers and goods, programmed under Financial Project Number 414545-1-58-01 ("PROJECT"); and WHEREAS, the Contract was entered into by both parties pursuant to the approval by the DEP~~TMENT and the COUNTY Commission by Resolution No. 207-2007, adopted on June 20, 2007, in the total amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the PROJECf costs; and WHEREAS, it is necessary to increase the total Contract amount by Two Hundred Fifty Thousand Dollars ($250,000.00) to provide additional dollars needed to fully fund the DEPARTMENT's share of PROJECT costs as identified in the attached Exhibit 'Bt', 'Amended Financial Summary', which is herein incorporated by reference; and WHEREAS, the Department has programmed funding for the Project and has agreed to reimburse the County for eligible Project costs up to a maximum amount; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes; NOW, mEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe <:ounty, Florida, that: SECfION 1: Amendment One to the Joint Participation Agreement between the State of f'lorida Department of Transportation and Monroe County, Florida is hereby approved. SECfION 2: Upon execution, this Resolution shall be marked as "Exhibit E" and made a part of the Joint Participation Agreement. , " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 17th day of March, A.D., 20 I O. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario DiGennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk BY~o. ~ Deputy Clerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MO OE C FLORIDA MONROE COUNTY ATTORNEY APPRO ED AS TO FORM: n . . ". l CHRISTIN M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date ~/..^~[ {O :::: Ci ;n; _._~ r .-r; ,. f' " -. '~. " >= --..t:X:> 'CJ i'-~' t"....:J ~ - ~ :- -0 ::a I .." r- m o " C> ::0 ;0 r'1 ("J o ::0 o ........ ,-. .~:~ :r>> :x ~ <::) 0\