3rd Amendment 07/16/2014a
AMENDMENT THREE TO JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND MONROE COUNTY
This Amendment Three 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 pass gers and goods,
programmed under Financial Project Number 414545- 1 -58 -02 ( "PROJECT"), is entered into this 2! " day of,JyM 2014.
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, the Contract was amended on June 3 2013 pursuant to the approval of the DEPARTMENT and of
the COUNTY Commission by Resolution 131 -2013, adopted on April 17, 2013, to increase the total Contract amount to
Two Hundred Fifty Thousand Dollars ($250,000.00):
WHEREAS, it is necessary to increase the total Contract amount by One Hundred Twenty Five Thousand Dollars
($125,00.00) to provide additional dollars needed to fund one (1) more year of the PROJECT as identified in the attached
Exhibit '62 %'Amended Financial Summary', which is herein incorporated by reference; and
WHEREAS, the COUNTY Commission has adopted Resolution No. 096 -2014 on May 21, 2014, to increase in the
total Contract amount from $250,000.00 to $375,000.00;
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated June 28, 2012, is hereby amended as follows:
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 Three Hundred Seventy Five Thousand
Dollars ($375,000.00).
Exhibit "B" shall be supplemented by the increased amount of One Hundred Twenty Five Thousand
Dollars ($125,000.00) in the attached Exhibit'132'.
-------------- _ --------- __ REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
All other terms and conditions of the Contract are in effect and remain unchanged.
cc: D. Fernandez; File
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MONK COUNTY: STATE OF FL
Ile TRANSPORT
By. By:
Manager District S
LEGAL REVIEW
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
0- flAtw 0 E, rVx 'l - f - fyi n 'r,k
CHRISTINE M. LIMBERT- BARROWS
Date SSISTA14T C _U y ATTORNEY
B ( ' I
COUNTY Attomey
01171PARTMENT OF
ATTEST:
(SEAL
By.
Executive Secr
LEGAL REVIEW:
By:
District Chief Counse
cc: D. Femandez; File
i
t
Ferry Service:
EXHIBIT `B2'
AMENDED FINANCIAL SUMMARY
Approximate Annual Fee for Ferry Service
(Based on $633.56/day x 365 Days)
1' Year July 1. 2012 — June 30.2013:
DEPARTMENT's Contribution (FY 2011/2012)
Local Funds
2 nd Year July 1. 2013 — June 30.2014•
DEPARTMENT's Contribution (FY 201212013)
Local Funds
3"d Year July 1. 2014 —June 30,2015:
DEPARTMENT's Contribution (FY 201312014)
Local Funds
cc: D. Fernandez; File
$231,250.00
$125,000.00
$106,250.00
$125,000.00
$106,250.00
$125,000.00
$106,250.00
3
RESOLUTION NO. o96 - 2014
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, 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, 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 2013 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 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
339.08E 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 two 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, 2014 is hereby approved.
2. Upon execution, this Resolution will be made a part of amendment two 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 21 day of May, A.D., 2014
Mayor Sylvia Murphy yes
Mayor Pro Tem Danny Kolhage yes
Commissioner George Neugent yes
Commissioner Heather Carruthers Y_ ems,
k9ommissioner David Rice es
By:
HEAVILIN, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairperson
MONROE COUNTY ATTORNEY
PPR VED AS TO FORM:
• RIS INE '. LIMBERT -BAR OWS
ASSISTA`N'T/ n ; �,NTY ATTORNEY
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