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2nd Amendment 04/18/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 26, 2012 TO: Judith S. Clarke, P. E. Director FROM: Pamela G. Hanc .)c. D.C. At the April 18, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of the following: Item C29 Amendment #2 to the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the No Name Key Bridge Repair Project to reduce funding for design and permitting services by $202,686 to $252,314. Funding is split 75% FDOT and 25% local (County) funds. Item C30 Amendment 2 to the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the Tom's Harbor Channel Bridge Project to increase the total amount of the JPA by $569,145 to $2,139,925. Funding is split 75% FDOT and 25% Local (County) Funds. Enclosed are three duplicate originals of each of the above - mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return two ,fully executed originals of each, one . for the Clerk and one for Finance, as soon as possible. Should you have any questions, please do not hesitate to contact our office. Cc: County Attorney Finance / File POLL L.A. t 1 K- 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 #APX68, executed on May 21, 2010 (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 "), for the improvements to Tom's Harbor Channel Bridge #904600 from Duck Key Drive to US -1, programmed under Einancial Pr ct Numbers 428550- 1- 38 -01, 428550- 1 -58 -01 and 428550- 1 -68 -01 ( "PROJECT "), is entered into this a --day of , 2062 RECITALS: WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of the COUNTY Board of Commissioners by Resolution No. 110a -2010, adopted on April 21, 2010, in the total amount of One Million Five Hundred Seventy Thousand Seven Hundred Eighty Dollars ($1,570,780.00) for PROJECT costs; and WHEREAS, it is necessary to amend the Contract to increase the total from One Million Five Hundred Seventy Thousand Seven Hundred Eighty Dollars ($1,570,780.00) to Two Million One Hundred Thirty Nine Thousand Nine Hundred Twenty Five Dollars ($2,139,925.00), which the DEPARTMENT shall be responsible for One Million Six Hundred Four Thousand Nine Hundred Forty Three Dollars ($1,604,943.00) and the COUNTY shall be responsible for Five Hundred Thirty Four Thousand Nine Hundred Eight Two Dollars ($534,982.00), as detailed in the attached Exhibit "B ", `Amended Financial Summary'; and WHEREAS, the General Requirements, Section 2, of the Contract shall be modified to include the following language: i. The COUNTY shall: 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 contract; 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. NOW, THEREFORE, for the considerations hereinafter set forth: The Contract dated May 21, 2010, is hereby amended as follows: Section 2 is modified to include the Department of Homeland Security's E- Verify system requirement language. Financial Provisions shall be increased from One Million Five Hundred Seventy Thousand Seven Hundred Eighty Dollars ($1,570,780.00) to Two Million One Hundred Thirty Nine Thousand Nine Hundred Twenty Five Dollars ($2,139,925.00), contract total not to be exceeded. Exhibit "B" shall be superseded by the attached amended Exhibit "B ", `Amended Financial Summary'. Amendment Two to Joint Participation Agreement between Florida Department of Transportation Monroe County, Project #s 428550- 1- 38 -01, 428550- 1 -58 -01 and 428550- 1 -68 -01 Page 1 of 3 All other terms and conditions of the Contract are in effect and remain unchanged. MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: 4/ / / By: All I_ B, : ,, COUNTY Mayor District Director of Tra s ortation Opertations , �a D c _ r i L. KOLHAGE, Clerk / �--� ATTEST: ATTEST: tH (SEAL) . (SEAL) \ D.� • By: %„4,.., ' COUNTY Clerk Oh Executive Secretary 2oi2 LEGAL REVIEW LEGAL REVIEW: ;`-- ,,PPROVFD AS TO FC:.;.,: . Ilk COUNTY Attorney District Chief Counsel Li . c=2 '1 f � ;T1 '.,7 7n. : c -, r:."7 3 rTt c..) n1 co 0 Amendment Two to Joint Participation Agreement between Florida Department of Transportation Monroe County, Project #s 428550- 1- 38 -01, 428550- 1 -58 -01 and 428550- 1 -68 -01 Page 2 of 3 EXHIBIT "B" AMENDED FINANCIAL SUMMARY Estimated PROJECT costs for reimbursement, programmed under the following project numbers, are below - listed: Fiscal Year: Amount: Fund Type: 428550- 1 -38 -01 2009/2010 $158,125.00 Local Funds (LF) (COUNTY) 428550- 1 -58 -01 2009/2010 $953,578.00 Small County Outreach Program (SCOP) 2009/2010 $205,855.00 General Revenue for SCOP (GRSC) 2010/2011 $101,422.00 LF (COUNTY) 2011/2012 $445,510.00 SCOP 2011/2012 $123,635.00 LF (COUNTY 428550- 1 -68 -01 2010/2011 $151,800.00 LF (COUNTY) Total PROJECT Cost Estimate: $2,139,925.00 Amendment Two to Joint Participation Agreement between Florida Department of Transportation Monroe County, Project #s 428550- 1- 38 -01, 428550- 1 -58 -01 and 428550- 1 -68 -01 Page 3 of 3