05/20/2015 Agreement AMY IIEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
4 -, MONROE court;FLORIDA
DATE: June 17, 2015
TO: Breanne Erickson
Engineering
FROM: Cheryl Robertson, Executive Aide to Clerk of Courts & Comptroller st777
At the May 20, 2015 Board of County Commissioner's meeting the Board granted approval and
execution of Items:
C25 Resolution of Small County Outreach Program (SCOP)Agreement with Florida Department of
Transportation(FDOT)to provide $3,325,208 funding for Construction and Construction Engineering
and Inspection(CEI) phases of the repair to Card Sound Bridge (#904990). (State contract- all five (5)
originals back to Engineering for their handling once executed-Clerks original to be returned once fully
executed. —Resolution No. 141-2015.
C26 Resolution to enter into a Joint Participation Agreement (JPA) with Florida Department of
Transportation(FDOT) for FDOT to provide $375,000 to fund the temporary ferry service from the City
of Marathon to Pigeon Key for three (3) years commencing July 1, 2015. (State contract-all four (4)
originals back to Engineering for their handling once executed- Clerks original to be returned once fully
executed)—Resolution No. 142-2015.
These enclosures are not fully executed; they must be executed by District Director Transportation
Development and the original and the certified copies must be returned to me at the Clerk's Office
before the transactions can be finalized. Once received, we will scan, file and distribute to the County
Attorney and Finance Division Personnel.
Should you have any questions, please feel free to contact me.
CC: County Attorney
Finance
File ✓
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7195 Fax:305-852-7196
Contract Number: 4S (57
CSFA/CFDA Number:
DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
THIS AGREEMENT is made and entered into this -6 day of (MAu^e-
20 /5T between the State of Florida Department of Transportation, a component agency of the
State of Florida, hereinafter referred to as the `DEPARTMENT', and Monroe County, a
municipal corporation of the State of Florida, existing under the Laws of the State of Florida,
hereinafter referred to as the `COUNTY'.
RECITALS:
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 has agreed to contribute, along with the COUNTY, towards providing three (3)
more years of temporary ferry services for the waterborne passengers and goods, hereinafter
referred to as the `PROJECT', the individual elements of which are outlined in the attached
Exhibit"A", `Scope of Services', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 414545-1-58-02, and has agreed to reimburse the COUNTY for
eligible PROJECT costs, up to a maximum limiting amount, as outlined in the attached Exhibit
"B", `Financial Summary', which is herein incorporated by reference; and
WHEREAS, the COUNTY has agreed to administer, supervise and inspect all aspects of
PROJECT; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
Page 1 of 11
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number q 414 5 45-1-5 8-0 2
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:
I. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The COUNTY shall be responsible for assuring that the PROJECT complies
with all applicable Federal, State and Local laws, rules, regulations, guidelines
and standards.
b. The COUNTY shall submit this Agreement to its COUNTY Commission for
ratification or approval by resolution. A copy of said resolution is attached
hereto as Exhibit "C", `Monroe County Resolution', and is herein
incorporated by reference.
c. The COUNTY shall administer, supervise and inspect all aspects of
PROJECT until completion, and, as further defined in Exhibit "A", `Scope of
Services'. The COUNTY shall complete the PROJECT on or before June 30,
2018. All aspects of PROJECT are subject to DEPARTMENT standards and
specifications and must be in compliance with all governing laws and
ordinances.
d. The COUNTY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds, including consulting or
construction contracts or amendments thereto, with any third party with
respect to the PROJECT without the prior written approval of the
DEPARTMENT. The DEPARTMENT specifically reserves the right to
review qualifications of any consultant or contractor and to approve or
disapprove COUNTY employment of same.
e. This Agreement and any interest herein shall not be assigned, transferred or
otherwise encumbered by the COUNTY under any circumstances without
prior written consent of the DEPARTMENT. However, this Agreement shall
run to the DEPARTMENT and its successors.
f. The COUNTY shall have the sole responsibility for resolving claims and
requests for additional work for the PROJECT. The COUNTY will make the
best efforts to obtain the DEPARTMENT input in its decisions.
Page 2 of I I
Department Funded Agreement between the Florida Department of Tr ansportation and Monroe County
Financial Protect Number H 414545-1-58- 2
•
g. The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT
costs as defined in Exhibit "B", `Financial Summary', and in accordance with
the financial provisions in Section 3 of this Agreement.
h. The COUNTY shall comply with all federal, state, and local laws and
ordinances applicable with work or payment of work thereof, and will not
discriminate on the grounds of race, color, religion, sex, national origin, age or
disability in the performance of work under this Agreement.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed THREE HUNDRED SEVENTY
FIVE THOUSAND DOLLARS ($375,000.00), as outlined in Exhibit "B",
`Financial Summary'. If additional funding is required, contingent upon
DEPARTMENT approval, a supplemental agreement between the
DEPARTMENT and the COUNTY authorizing the additional funding shall
be executed prior to such costs being incurred.
b. The DEPARTMENT agrees to compensate the COUNTY for services
described in Exhibit "A" — Scope of Services. The Method of Compensation
is included as Exhibit B.
c. The COUNTY shall furnish the services with which to complete the
PROJECT. Said PROJECT consists of services as detailed in Exhibit "A" of
this Agreement.
d. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Department's Comptroller
under Section 334.044(29), F.S., or by the Department of Financial Services
under Section 215.422(14), F.S.
e. The COUNTY shall provide quantifiable, measurable and verifiable units of
deliverables. Each deliverable must specify the required minimum level of
service to be performed and the criteria for evaluating successful completion.
The PROJECT, identified as Project Number 414545-1-58-02, and the
quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit "A" - Scope of Services. (Section 287.058(1)(d) and
(e), F.S.)
f. Invoices shall be submitted by the COUNTY in detail sufficient for a proper
pre-audit and post audit thereof, based on quantifiable, measureable and
verifiable units of deliverables as established in Exhibit "A"— Scope of
Services. Deliverables must be received and accepted in writing by the
DEPARTMENT's Project Manager prior to payments. (Section 287.058
(1)(a),F.S.)
g. Supporting documentation must establish that the deliverables were received
and accepted in writing by the COUNTY and must also establish that the
Page 3 of I I
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number k 414 5 4 5-1-58-02
required minimum level of service to be performed based on the criteria for
evaluating successful completion as specified in Exhibit "A"— Scope of
Services was met.
h. There shall be no reimbursement for travel expenses under this Agreement.
i. The COUNTY providing goods and services to the DEPARTMENT should be
aware of the following time frames. Inspection and approval of goods or
services shall take no longer than five (5) working days unless the bid
specifications, purchase order, or contract specifies otherwise. The
Department has twenty (20)days to deliver a request for payment(voucher)to
the Department of Financial Services. The twenty (20) days are measured
from the latter of the date the invoice is received or the goods or services are
received, inspected, and approved. (Section 215.422(1),F.S.).
j. If payment is not available within forty(40) days, a separate interest penalty at
a rate as established pursuant to Section 55.03(1), F.S., will be due and
payable, in addition to the invoice amount, to the COUNTY. Interest
penalties of less than one (I) dollar will not be enforced unless the COUNTY
requests payment. Invoices that have to be returned to the COUNTY because
of COUNTY preparation errors will result in a delay in the payment. The
invoice payment requirements do not start until a properly completed invoice
is provided to the DEPARTMENT.
k. A Vendor Ombudsman has been established within the Department of
Financial Services. The duties of this individual include acting as an advocate
for the COUNTY who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted
at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-
693-5236. (Section 215.422(5) and (7),F.S.)
I. Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all
times during the period of this Agreement and for five (5) years after final
payment is made. Copies of these documents and records shall be furnished
to the DEPARTMENT upon request. Records of costs incurred include the
CITY/COUNTY's general accounting records and the project records,
together with supporting documents and records, of the contractor and all
subcontractors performing work on the project, and all other records of the
Contractor and subcontractors considered necessary by the DEPARTMENT
for a proper audit of costs. (Section 287.058(4), F.S.)
m. In the event this contract is for services in excess of$25,000.00 and a term for
a period of more than one (I) year, the provisions of Section 339.135(6)(a),
F.S., are hereby incorporated:
Page 4 of I I
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number q 414545-1-58-02
•
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding one (1)
year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than I year."
n. The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature. (Section 216.311,F.S.)
o. E-Verify:
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 contractors and 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. (Executive Order Number
2011-02)
The COUNTY shall insert the above clause into any contract entered into by
the COUNTY with vendors or contractors hired by the COUNTY for
purposes of performing its duties under this Agreement.
4. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
5. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the COUNTY expressed in writing, executed and delivered by each party.
Page 5 of II
Department Funded Agreement between the Florida Department ofTranspormrion and Monroe County
Financial Project Number n 414 54 5-1-58-02
•
6. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
continues to conform to the terms and requirements of applicable law.
7. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other
communications which are required to be served or given hereunder, shall be
in writing and hand-delivered or sent by either registered or certified U.S.
mail, return receipt requested, postage prepaid, addressed to the party to
receive such notices as follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest 1 I I Avenue, Room 6202B
Miami, Florida 33172-5800
Attn: Pablo Valin, Senior Contract Analyst
Ph: (305)470-5285; Fax: (305) 470-5309
To CITY/COUNTY: Monroe County
1100 Simonton Street
Key West, Florida 33040
Attn: Judith S. Clarke, P.E., Director of
Engineering Services
Ph: 1-305-295-4329; Fax: 1-305-295-4321
b. Notices shall be deemed to have been received by the end of five (5) business
days from the proper sending thereof unless proof of prior actual receipt is
provided.
8. EXPIRATION OF AGREEMENT
The COUNTY agrees to complete the PROJECT on or before June 30, 2018. If
the COUNTY does not complete the PROJECT within this time period, this
Agreement will expire unless an extension of the time period is requested by the
COUNTY and granted in writing by the DEPARTMENT's District Six Secretary
or Designee. Expiration of this Agreement will be considered termination of the
PROJECT.
9. INVOICING
Page 6 of II
Department Funded Agreement between the Florida Department of Transparent:on and Monroe County
Financial Project Number tt 414545-1-58-02
The COUNTY will invoice the DEPARTMENT on a monthly basis for
completed work. The COUNTY must submit the final invoice on this PROJECT
to the DEPARTMENT within one hundred twenty (120) days after the expiration
of this Agreement. Invoices submitted after October 18,2018 will not be paid.
10. FINANCIAL CONSEQUENCES
Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, F.S. Deliverable(s) must be
received and accepted in writing by the Contract Manager on the
DEPARTMENT's invoice transmittal forms prior to payment. If the
DEPARTMENT determines that the performance of the COUNTY is
unsatisfactory,the DEPARTMENT shall notify the COUNTY of the deficiency to
be corrected, which correction shall be made within a time-frame to be specified
by the DEPARTMENT. The COUNTY shall, within five (5) days after notice
from the DEPARTMENT, provide the DEPARTMENT with a corrective action
plan describing how the COUNTY will address all issues of contract non-
performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non-compliance. If the
corrective action plan is unacceptable to the DEPARTMENT, the COUNTY shall
be assessed a non-performance retainage equivalent to 10% of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing
period. The retainage shall be withheld until the COUNTY resolves the
deficiency. If the deficiency is subsequently resolved, the COUNTY may bill the
DEPARTMENT for the retained amount during the next billing period. If the
VENDOR is unable to resolve the deficiency, the funds retained may be forfeited
at the end of the Agreement period. (Section 287.058(1)(h), F.S.)
11. ENTIRE AGREEMENT
This Department Funded Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties
in writing.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 7 of I I
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number it 4145 45-1-5 8-02
IN WITNESS WHEREOF,the parties hereto have executed this Agreement, on the day
and year above written.
MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
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74,T M• OR DISTRICT : SI' ' ARY
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nCr+�f . li)I Y �''O( ,(cSUYY) ATTEST: ' t Etc rr Yva.
COUNTY E (SEAL) EXECU VE SECRE RY
MONROE COUNTY ATTORNEY LEGAL REVIEW:
APPROVED AS TO FORM:
CHRISTIo .M nnnOW -
CNRISTINE M. LIMBERT-BARROWS
ASSISTAIIT QCUNtT TTORNEY
141.'1_d.Tl
Date
COUNTY ATTORNEY DISTRICT CHIEF EL
Page 8 of I I
Department Funded Agreement between the Florida Department of Tran portation and Monroe County
Financial Project Number ll 414545-1-58-02
EXHIBIT "A"
SCOPE OF SERVICES
To provide temporary ferry services for another three years between the City of Marathon and
Pigeon Key while the Old Seven Mile Bridge is closed to vehicle traffic until the Department
enter in partnership with other state, federal, local agencies and nonprofit groups to repair the
Bridge to restore safe access and to preserve the Bridge and Pigeon Key as historic, recreational,
and cultural resource. The COUNTY shall ensure the passenger transportation will be provided
between the"Train"dock at Knight's Key and Pigeon Key dock at the Island.The ferry services
shall be done each day and each trip shall require captains to analyze the wind, currents, and seas
and take the safest, most efficient route. Passengers shall be required to sign a liability release
form prior to departure of the vessel from the dock.
PROJECT Limits: S.R. 5/Old Seven-Mile Bridge from the City of Marathon to Pigeon Key
FDOT Financial Project Number: 414545-1-58-02
County: Monroe
FDOT Project Manager: Dennis Fernandez,Telephone: 305-470-5182
COUNTY Project Manager: Judith Clarke, P.E., Telephone: 1-305-295-4329
Page 9 of I I
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number a<1<545-1-58-02
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below-listed, for
414545-1-58-02:
Ferry Service:
Approximate Annual Fee for Ferry Service $231,250.00
(Based on$633.56/day x 365 Days)
DEPARTMENT'S Contribution (FY 2015/2016) $125,000.00
Local Funds $106,250.00
DEPARTMENT's Contribution (FY 2016/2017) S125,000.00
Local Funds $106,250.00
DEPARTMENT's Contribution (FY 2017/2018) $125,000.00
Local Funds $106,250.00
DEPARTMENT's Responsibility: $375,000.00
Page 10 of II
Department Funded Agreement between the Florida Department of Tra portation and Monroe County
Financial Project Number tl 4145 4 5-1-5 8-02
EXHIBIT "C"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission
Page 1 I of I I
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number It 414545-1-58-02
RESOLUTION NO. 313 - 2014
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ELECTING A MAYOR/CHAIRPERSON AND MAYOR
PRO TEM.
WHEREAS, it has become necessary for the members of the Board of County
Commissioners of Monroe County, Florida, to elect a Mayor/Chairperson and Mayor Pro
Tern for said Board;now,therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA:
Section 1. That Commissioner Danny L. KaThage is hereby designated
Mayor/Chairman of the Board of County Commissioners of Monroe County,Florida.
Section 2. That Commissioner Heather Carruthers is hereby designated
Mayor Pro Tern of the Board of County Commissioners of Monroe County,Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 18th day of November,
2014.
Mayor Knlhage Yes
Mayor Pro Tern Carruthers Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Murphy Yes
r BOARD OF COUNTY COMMISSIONERS
�°' vilin,Clerk OF MONROE COUNTY,FLORIDA
, j .
6 - (C7 !/
`N u Clerk Mayor/Chairperson
STATE OF FLORIDA
COUNTY OF MONROE
This Copy Is a True Copy of the
Original on File in this Mee.Wltuas Q{l my hand an mill Seal//////�����t��I��I �,^�,^ ������ MONROEPRC NtYATTORNEY
This day of Q.
A.D.,20 L I ROBECRpTt�1B1ry.SH�rILLrpMy10�EyR,JR.
AMY HEAVILIN Dale /O-d'h/N
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By D.C.