2nd Amendment 03/16/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: April 5, 2011
TO: Judy Clarke, Engineering ,
Public Works Division
FROM: Isabel C. DeSantis, D. C.
At March 16, 2011, Board of County Commissioner's meeting, the Board approved the
following:
Item CIO Resolution 111 -2011 approving Amendment Two to the Joint Participation
Agreement (JPA) with Florida Department of Transportation (FDOT) to increase the total
contract amount by $250,000 to fund operation of the Pigeon Key Ferry through June 2012 and
to include a provision to require use of the Department of Homeland Security E -verify program.
Enclosed is a certified copy of the subject Resolution and five duplicate originals of the
above - mentioned, executed on behalf of Monroe County, for your handling. Please be sure to
return the fully executed "Clerk's Original" and "Finance's Copy" as soon as possible. Should
you have any questions, please do not hesitate to contact our office.
cc: County Attorney
Finance
File
Monroe County Clerk
AMENDMENT TWO TO JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND MONROE COUNTY
This Amendment Two 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 ar4 goods,
programmed under Financial Project Number 414545- 1 -58 -01 ( "PROJECT "), is entered into this � day of
Aor l , 20J-.
RECITALS:
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, the Contract was amended on April 21, 2010, pursuant to the approval of the DEPARTMENT and of
the COUNTY Commission by Resolution No. 094 -2010, adopted on March 17, 2010, to increase the total contract amount
to One Million Dollars ($1,000,000.00) for estimated 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 'B2', 'Amended Financial Summary', which is herein incorporated by reference; and
WHEREAS, the General Requirements, Section 2, of the Contract shall be modified to include the following
language:
a. The COUNTY shall utilize the U.S. Department of Homeland Security's E- Verify system, in accordance
with the terms governing use of the system, to confirm the employment eligibility of:
i. all persons employed by the COUNTY during the term of this Agreement to perform employment
duties within Florida; and
ii. all persons, including subcontractors, assigned by the COUNTY to perform work pursuant to this
Agreement with the DEPARTMENT.
WHEREAS, the Contract shall be amended to extend the Contract term from June 30, 2011 to June 30, 2012 in
Section 2(b) and 9; and
WHEREAS, the final invoice submittal date in Section 10 shall be amended from October 28, 2011 to October 28,
2012; and
WHEREAS, the COUNTY Commission has adopted Resolution No. 111 -2011 on March 16
201 to increase in the total Contract amount from $1,000,000.00 to $1,250,000.00, extend the Contract term and final
invoice submittal date;
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 Two Hundred Fifty Thousand Dollars
($1,250,000.00).
Section 2(b) and —9 shall be extended from June 30, 2011 to June 30, 2012.
Section 10 shall be amended from October 28, 2011 to October 28, 2012.
Amendment Two to the
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Contract # AOOI 1 Financial Project Number # 414545- 1 -58 -01
Page 1 of 3
Exhibit "B" shall be supplemented by the increased amount of Two Hundred Fifty Thousand Dollars
($250,000.00) in the attached Exhibit 'B2'.
All other terms and conditions of the Contract are in effect and remain unchanged.
N anager
ath r Carruthers
nn Kolhage, Clerk
B C, "�� -0 • C.
COUNTY Clerk 3/1 cp /I t
LEGAL REVIEW
By: A0t. l,
COUNTY Attorney 0qJ R 3' f 1
cc: D. Fernandez; V. Croft; File
STATE OF FLO DA, DE RTMENT OF
TRANSPORTA N:
By:
District S ckktary
ATTEST:
(SEAL)
By: `
Executive S cretary
LEGAL REVI
By:
District Chief e
ev
tV
0
_ - 3
- rn
C0
EXHIBIT `B2'
AMENDED FINANCIAL SUMMARY
Amendment Two to the
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Contract # A0011 Financial Project Number # 414545- 1 -58 -01
— r�
- TI
D
0
rn
n
0
0
Page 2 of 3
TOTAL: $1,250,000.00
Amendment Two to the
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Contract # AOQ11 Financial Project Number # 414545- 1 -58 -01
Page 3 of 3
t�
endt
FY IPt .
, 1 #2
$750,000.00
$250,000.00
$250,000.00
TOTAL: $1,250,000.00
Amendment Two to the
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Contract # AOQ11 Financial Project Number # 414545- 1 -58 -01
Page 3 of 3
RESOLUTION NO. 111 .2011
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING AMENDMENT TWO
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 DEPARTMENT 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 PROJECT costs; and
WHEREAS, the Contract was amended to increase the total Contract amount by Two
Hundred and Fifity Thousand Dollars ($250,000.00) pursuant to the approval by the
DEPARTMENT and the COUNTY Commission by Resolution No.094 -2010, adopted on March
17, 2010; 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 `132', `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, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
SECTION 1: Amendment Two to the Joint Participation Agreement between the State of
Florida Department of Transportation and Monroe County, Florida is hereby approved.
SECTION 2: General Requirements of the Contract shall be modified to include the
following language:
e. The COUNTY shall utilize the U.S. Department of Homeland Security's E- Verify
system to confirm the employment of eligibility of all persons employed by the
COUNTY during the term of this Agreement to perform employment duties within
Florida and all persons, including subcontractors, assigned by the COUNTY to perform
work pursuant to this Agreement with the DEPARTMENT.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 16 day of March, A.D., 2011.
0
0
U
X1.1
�r
O
Li.
G
L1 J
.J
L._
Mayor Heather Carruthers
Mayor Pro Tern David Rice
Commissioner Kim Wigington
k issioner George Neugent
issioner Sylvia Murphy
L. KOLHAGE, Clerk
B y,: C A ° PC.
Deputy Clerk
Cn
U)
1
Q.
yes
y es
es
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayo Ch , Pfson