Resolution 131-2013RESOLUTION NO. 131 -2013
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, the DEPARTMENT has jurisdiction over and maintains the State
Road (S.R.) 5 /Old Seven -Mile Bridge (hereinafter `BRIDGE') from the City of Marathon
to Pigeon Key in the COUNTY; and
WHEREAS, the DEPARTMENT has deemed the BRIDGE structurally unsafe
for vehicular traffic and has closed it, and access to Pigeon Key is restricted to water -
based methods of transportation; and
WHEREAS, Pigeon Key is presently occupied by the Pigeon Key Foundation, a
non - profit organization devoted to marine education and historic interpretation of the
Florida Keys' heritage; and
WHEREAS, in order to maintain traffic between the City of Marathon and
Pigeon Key to permit Pigeon Key Foundation to continue its educational and historic
functions, the DEPARTMENT agreed in 2012 to contribute, along with the COUNTY,
towards providing one (1) more year of temporary ferry services for the waterborne
passengers and goods, hereinafter referred to as the `PROJECT'; and
WHEREAS, the DEPARTMENT programmed funding for the PROJECT under
Financial Project Number 414545- 1- 58 -02, and agreed to reimburse the COUNTY for
eligible PROJECT costs, up to a maximum limiting amount of $125,000; and
WHEREAS, the COUNTY agreed to administer, supervise and inspect all
aspects of PROJECT; and
WHEREAS, the parties recognize that an additional year of funding for the
temporary ferry service is required to provide uninterrupted service to Pigeon Key; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to
Section 339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants
and other valuable considerations contained herein, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Amendment one to the Joint Participation Agreement Between the state of
Florida Department of Transportation and Monroe County, Florida, which provides
additional funding of $125,000 from FDOT for the annual period commencing on July 1,
2013 is hereby approved.
2. Upon execution, this Resolution will be made a part of amendment one to 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 17'' day of April, A.D., 2013.
Mayor George Neugent Yec
Mayor Pro Tern Heather Carruthers Yes
Commissioner Danny Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
(SEAL) I I BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE CO Y, FLORIDA
BB� By �.
Deputy Clerk Mayor /Chairperson
MONROE COUNTY ATTORNEY
AP ROVED AS TO FOR
NATI EENE W. CASSEL
CD CO SSISTANT COUNTY ATTORNEY
Date
CD
nv--, ('� e (I""S
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 AQ080, executed on June 28, 2012 (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 goods,
programmed under F' ancial Project Number 414545- 1 -58 -02 ( "PROJECT"), is entered into this day of
1 42- , 20
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. 141 -2012, adopted on May 16, 2012, in the total amount of One Hundred
Twenty Five Thousand Dollars ($125,000.00) for the PROJECT costs; and
WHEREAS, it is necessary to increase the total Contract amount by One Hundred Twenty Five Thousand Dollars
($125,000.00) to provide additional dollars needed to fund one (1) more year of the PROJECT as identified in the
attached Exhibit 'B1', 'Amended Financial Summary, which is herein incorporated by reference; and
WHEREAS, the COUNTY Commission has adopted Resolution No. 131 -2013 on April 17 ,
2013 to increase in the total Contract amount from $125,000.00 to $250,000.00;
NOW, THEREFORE, for the considerations hereinafter set forth:
Financial Provisions shall be increased by an amount not to exceed One Hundred Twenty Five Thousand
Dollars ($125,000.00). The contract total shall not exceed Two Hundred Fifty Dollars ($250,000.00).
The Contract dated June 28, 2012, is hereby amended as follows:
Exhibit "B" shall be supplemented by the increased amount of One Hundred Twenty Five Thousand
Dollars ($125,000.00) in the attached Exhibit 'B1'.
By:
All other terms and conditions of the Contract are in effect and remain unchanged. ,*%,
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By- �. N /(�
y"• `
OUNTY MAYOR
ATTEST:
(SEA y Heavilin, Clerk
By-. ....
COUNTY lark 04/17/12013
LEGAL REVIEW
LEGAL REVIEW-.--,
District Chief Counsel
COUNTY Attorney
cc: D. Fernandez; File
MONROE COUNTY ATTORNEY
PROVED AS TO F
NATILEENE W. CASSEL
ASSISTANT COUNTY ATT. RNEY
Date __ ? Z a 7- iP0J
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STATE OF FLORID , D ARTMEOF
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TRANSPORTATIO
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By:
District Secret r y N
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ATTEST:
(SEAL)
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By. 2
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Execut Secretary
LEGAL REVIEW-.--,
District Chief Counsel
COUNTY Attorney
cc: D. Fernandez; File
MONROE COUNTY ATTORNEY
PROVED AS TO F
NATILEENE W. CASSEL
ASSISTANT COUNTY ATT. RNEY
Date __ ? Z a 7- iP0J
EXHIBIT `B1'
AMENDED FINANCIAL SUMMARY
Ferry Service:
Approximate Annual Fee for Ferry Service $231,250.00
(Based on $633.56/day x 365 Days)
1 st Year July 1. 2012 - June 30.2013:
DEPARTMENT's Contribution (FY 2011/2012) $125,000.00
Local Funds $106,250.00
2 " d Year July 1. 2013 — June 30.2014:
DEPARTMENT's Contribution (FY 2012/2013) $125,000.00
Local Funds $106,250.00
DEPARTMENT's Responsibility: $250.000.00
2