Item C37BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2014 Division: —Public Works
Bulk Item- Yes X No Department: — Engineering
Staff Contact /Phone 4: Judy Clarke X4329
AGENDA ITEM WORDING: Approval by resolution of Amendment Two to the Joint Participation
Agreement (JPA) with Florida Department of Transportation (FDOT) to increase the total contract
amount by $125,000 to fund operation of the Pigeon Key Ferry Through June 2015.
ITEM BACKGROUND: The current JPA provided $125,000 funding for the ferry service from July
2012 through June 2013. Amendment One to the JPA increased funding by an additional $125,000 and
extended the ferry service for another year through June 2014. FDOT has agreed to provide an
additional $125,000 funding for the Pigeon Key Ferry Service for the annual term beginning July 1,
2014. The remaining $106,250 of the annual cost of $231,250 will be provided by local funds.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved a JPA with FDOT to provide
$750,000 funding for the Temporary Ferry Service to Pigeon Key in June 2007. The BOCC approved
an amendment to the JPA to increase FDOT funding to $ 1,000,000 in March 20 10; the BOCC
approved an amendment to the JPA to extend the term until June 30, 2012 and to increase FDOT
funding to $1,250,000 in March 2011. BOCC approved $87,500 to assist in funding one year of the
Pigeon Key Ferry Service contingent upon participation of FDOT, City of Marathon and the Pigeon
Key Foundation in January 2012. BOCC approved the current JPA in May 2012 to provide $125,000
funding for the term ending June 2013. BOCC approved an amendment to the JPA in June 2013 to
provide an additional $125,000 funding for the term ending June 2014. At the March 19, 2014 meetin,
BOCC approved an Interlocal, Agreement (ILA) with FDOT to fund repairs to the Old Seven Mile
Bridge. The ILA included a provision that all parties would continue to fund the Pigeon Key ferry I
service until the bridge repair construction project is complete.
1111 N W 9 111012 1 11171,1111111111 11111 W Oki N 0104 IN 01
COST TO COUNTY: N/A SOURCE OF FUNDS: FDOT Grant
REVENUE PRODUCING: Yes No AMOUNT PER MONTH N/A Year
1. :(�,
APPROVED BY: County Att�lt OMB/Purcliasing Risk ManagemcntftK:2"
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEME
1 i
R�Rl 11 1140 � 1 METIMMITKI
CONTRACT SUMMARY
Contract with: FOOT Contract #
Effective Date:
June 28, 2012
Expiration Date:
June 30, 2015
Contract Purpose/Description:
JPA between FDOT and Monroe County to help fund the Pigeon
Key Ferry Service
Contract Manager: Judy Clarke 4329
Engineering/# I
(Name) (Ext.)
(Department/Stop 4)
for BOCC meeting on May 21, 2014 Agenda Deadline: May 6, 2014
Total Dollar Value of Contract: $ 375,000
Budgeted? Yes E No 0 Account Codes:
Grant: $ 125,000
County Match: $ 87,500.00
= �11
ADDITIONAL COSTS
For:
(eg. maintenance, utilities,
iftorial, salaries, etc.
C I ia rike s Date Out
---, -
Date hi N CRev' Cr
Division Director S-4 �,Oj YesD N�,� Z,
A -
Risk Management Yes[] NoEj-
5-2, f
O.M.133PUrchasing Yes[:]No® L
q1,
COLUity Attonicy Yes[:] NoZ
Comments: *Contract year runs July 1, 2014 - June 30, 2015
WHEREAS,■ + ■ over Road
■. Bridge • the City of Marathon to Pigeon
.) 5/Old Seven -Mile
Key in the COUNTY; i
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 # Pigeon Key
Foundationto permit Pigeon Key historic functions,
DEPAagreedRTMENT rtowardsproviding one
temporary(1) more year of # goods,
referred to as the 'PROJECT'; i
WHEREAS,
r, ■ programmed PROJECT #
agreedFinancial Project Number 414545-1-58-02, and to reimburse#
PROJECT i to a maximum limiting amount$125,000; and
WHEREAS, part_ authorized
339.08C ► 339.12,Florida
NOW THEREFORE,premises,covenants
valuable considerations contained herein, the receipt and sufficiency of which acknowledged, parties
1. Amendment Participation Agreementbetween the State of #
Departmentof # provides
approved.additional funding of $125,000 from FDOT for the annual period commencing on
July 1, 2014 is hereby
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 Mon -roe County,
Florida at a regular meeting of said board on the 21" day of May, A.D., 2014
Mayor Sylvia Murphy
Mayor Pro Tern Danny Kolhage
Commissioner George Neugent
(SEAL)
Attest: AMY HEAVILIN, Clerk
0
Lei W 3 Lei Q I
M
liffaME09=
MONROE COUNTY ATTORNEY
,"-PRi--W DASTOFORW
L I NI B E T !B� A HI I I �() 'IV
ASSISTAk\'I- TYATTORNEY
Date
AMENDMENT• PARTICIPATION
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
r MONROE
This Amendment Two to that certain Joint Participation Agreement AQ080, executed on June 28, 2012 (the
•incorporated hereireference, between • •- County,political• • of - State of • •.
• and the State of • ♦ Department of •• ♦componentagency of h of I• •
("DEPARTMENT"), to provide temporary ferry services for the waterborne transport of passengers and goods,
programmed •- w Project Number + t i /' • entered into this day of
3l
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 3rd, 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 - • the contract to June 30, 2015 and increase the total• 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'132% 'Amended Financial Summary', which is herein incorporated by
and
WHEREAS, the COUNTY Commission has adopted Resolution No. on
to increase in the total Contract• • 1 irk' 1r to 'I. 10 ii
• •_ ffliffillf! i -• - •'• • •
Financial Provisions shall be increased by an amountnot • exceed One • -• Twenty_ • •
E• I01 it). The contract• a, shall• exceed Three Hundred Seventy Five Thousan1
D• /! i1
Exhibitbe supplemented by - -• amount of One • • Twenty Five Thousank'
Dollars ($125,000.00) in the attached Exhibit'132'.
r .,
By:
COUNTY Manager
ATTEST:
(SEAL)
By:
COUNTY Clerk
LEGAL REVIEW
By:
COUNTY Attorney
CHRISTINE M. LIMBE -BARROWS
ATTORNEY
Date
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
By:
District Secretary
ATTEST:
(SEAL)
By:
Executive Secretary
LEGAL REVIEW:
By:
District Chief Counsel
F-11 J, I =1 � I I] =1 IIJ I MAI k, 111!, 1 J, F-11 ZVI
Ferry Service:
Approximate Annual Fee • Ferry Service $231,250.00
(Based on $633.56/day x 365 Days)
Vt 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
3 rd Year July 1, 2014 — June 30, 2015:
DEPARTMENT's Contribution (FY 201312014) $125,000.011
Local Funds $106,250.00
DEPARTMENT's Responsibility: $3753000.00
cc: D. Fernandez; File
AMENDMENT ONE TO JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND MONROE COUNTY
This Amendment One to that certain Joint Participation Agreement AQ080, executed on June 28, 2012 (the
"Contract"), incorporated herein by reference, between Monroe County, a political subdivision of the State of Florida
("COUNTY') and the State of Florida Department of Transportation, a component agency of the State of Florida
("DEPARTMENT"), to provide temporary ferry services for the waterborne transport of passengers ,an$� goods,
programmed under Financial Project Number 414545-1-58-02 ("PROJECT"), is entered into this day of
/rn ,20a
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:
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 Two Hundred Fifty Dollars ($250,000.00).
Exhibit "B" shall be supplemented by the increased amount of One Hundred Twenty Five Thousand
Dollars ($125,000.00) in the attached Exhibit 'B1'.
All other terms and conditions of the Contract are in effect and remain unchanged.
MONROE C NTY:
By: �. y-'
OUNTY MAYOR
ATTEST:
(SEA my Heavilin, Clerk
By. .G.
COUNTY lerk 04/17/2013
LEGAL REVIEW
STATE OF FLORID , D ARTMENT OF
TRANSPORTATIO
By:
l"
District Secret r
ATTEST:
(SEAL)
A <
Executive Secretary
LEGAL REVIEW:
By. By... �...c j ... __... r'Ni..
COUNTY Attorney District Chief Counsel
cc: D. Fernandez; File
MONROE COUNTY ATTORNEY
PROVED AS TO F��t
NATILEENE W. CASSEL
ASSISTANT COUNT`( ATT. RNEY
Cate-" ER _,
EXHIBIT `B1'
AMENDED FINANCIAL SUMMARY
Ferry Service:
Approximate Annual Fee for Ferry Service
(Based on $633.56/day x 365 Days)
15t Year July 1 2012 — June 30 2013:
DEPARTMENT's Contribution (FY 2011/2012)
Local Funds
2"d Year July 1 2013 — June 30 2014:
DEPARTMENT's Contribution (FY 2012/2013)
Local Funds
$231,250.00
$125,000.00
$106,250.00
$125,000.00
$106,250.00
DEPARTMENT's Res onsibilit 250 000.00
RESOLUTION 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`h 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) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE CO Y, FLORIDA
B� j � B y �.
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
AP ROVED AS TO FOR
;0 M,/-/
NTATILEENE
W. CASSEL
� CO `= ' SSISTANT COUNTY ATTORNEY
Date
CD
bi.. C
Coo
JOINT PARTICIPATION AGREEMENT
BETWEEN
■
THIS AGREEMENT is made and entered into this 13�� �ay of
20_��, cen the State of Florida Department of Transportation, a cojon2ent 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,
Iereinafter referred to as the 'COUNTY'.
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Roai
(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 K
to permit Pigeon Key Foundation to continue its educational and historic functions, t
DEPARTMENT has agreed to contribute, along with the COUNTY, towards providing one ( .1
more year of temporary ferry services for the waterbome passengers and goods, hereinaft
t
referred to as the 'PROJECT', the individual elements of which are outlined in the attach
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 Surnmary', which is herein incorporated by reference; and
I a val UX4 0 LM E,
Page I of 15
Joint forficipationAgreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; 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
zcknowledged, the parties agree as follows:
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
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 f
ratification or approval by resolution. A copy of said resolution is attach
11
hereto as Exhibit "C'Monroe County Resolution', and is here'
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,
2014. All aspects of PROJECT are subject to DEPARTMENT standards and
specifications and must be in compliance with all governing laws and
ordinances.
dThe 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.
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 a-td its successors.
Page 2 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Monitor # 41454j- 1-58-02
The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT
costs asdefinedin Exhibitit'Financial r= and in accordance with
the financial provisions in SectilI of Agreement.
'The COUNTY shall comply.11 federal,state,and local laws and
ordinances applicable with workor payment of !thereof,
discriminate on the groundsof ! ! religion, iorigin,or
disability of Agreement.
Eligiblea. PROJECT costs may not exceed ONE HUNDRED TWENTY FIVE
THOUSAND DOLLARS ($125,000.00),outlined in Exhibit
'Financial Summary'.
b. The DEPARTMENT agrees to pay the COUNTY for the herein described
services at a compensation as detailed in this Agreement.
c. The COUNTY shall furnish the services with which to complete
PROJECT. Said PROJECT consists of services as detailed in Exhibit "A" of
this ._
d. Payment shall be made only after receipt and approval of goods and services
unless advance paymentsi "i by the f-r. Comptroller
underi 0.4r or by the Department of Services
under •
verifiablee. The COUNTY shall provide the following quantifiable, measurable and
of deliverables. deliverable r- the required
minimum level of service ! be performed an! the criteria for
successful completion. Said deliverables consists of (list deliverables):
f Invoices shall be by _ COUNTY in detail sufficient forprop
pre-auditpost auditbased on quantifiable, measureable
verifiable units of deliverables .! -! in Sectionr ! Exhi
I
"A". Deliverables must be received and accepted in writing by t
DEPARTMENT's Project Manager prior to payments.
•. Supporting documentation .rdeliverables
and accepted in writing by the COUNTY and that the required minimum level
of service to be performed based on the criteria for evaluating successful
completion as specified the above Section e has been met.
•I I I M 1r! IRV,` T lrr. -0
Page 3 of 15
.Joint Participation Agreement between the Florida Depcaroneat of Transportation and Monroe C'aunry
Financial Project Alunber # 414545-1-58-02
COUNTY providing goods and services to the DEPARTMENT should be
aware of i iwing time frames. Upon receipt,
_ DEPARTMENT
five (5) working days to inspect and approve the goods and services. The
DEPARTMENT has twenty (20) days to deliver a request for payment
(voucher) to the Department r .Services.-twentydaysare
measuredof the date the invoicereceived or goods or
received,services are inspected, and approved.
j. If payment is not available within forty (40) days, a separate interest penalty a)
a rate as established pursuant to Section 55.03(l), F.S., will be due and
payable, addition ti the invoiceamount,# the COUNTY. Interesi
penalties of dollar . r be enforced unless the ':
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 • • ■
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 it
50-413-5516 or by calling the Department of Financial Services Hotline 1-
!!
1. Records of costs incurred under the terms of this Agreement shall
maintained and made available upon request to the DEPARTMENT at
times during the period of this Agreement and for five (5) years after fin
payment is made. Copies of these documents and records shall be furnish
to the DEPARTMENT upon request. Records of costs incurred include t
COUNTY's general accounting records and the project records, together wi
supporting ! it and records,of rntractor and all subcontractol
performing work on the project, and all other records of the contractor ai
subcontractors considered necessary by the DEPARTMENT for a proper aud
of costs.
in. In the event this contract $25,000.00 rterm for
i period#- provisions of ! I 1
are hereby incorporated:
DEPARTMENT, during any fiscal year, shall riot1-money, incur
contractany liability, or enter into any i
expenditureexpenditure of money in excess of the amounts budgeted as available for
•contract,/ or . i
violationof !sr and void, and no money may be paid on
such contract. The DEPARTMENT 1 r statement from
Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
Page 4 of 15
.faint Participation Agreement between lire Florida Department of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
contained shall prevent the making of contracts for periods exceeding I 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.
i. Shall utilize the U.S. Department of Homeland Security's E-Veril
system to verify the employment eligibility of all new employees hir
by the Vendor/Contractor during the term of the contract; and I
ii. Shall 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.
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
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.
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:
Page 5 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number # 414545-1-58-02
To DEPARTMENT: Florida Department of Transportation
1000 Northwest I I I Avenue, Room 6202A
Miami, Florida 33172-5800
Attn: Michelle Meaux, JPA Coordinator
Ph: 305-470-5112; Fax: 305-640-7556
To 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. Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
The COUNTY agrees to complete the PROJECT on June 30, 2014. If t
COUNTY does not complete the PROJECT within this time penriod, th in
e wi
COUNTY and granted in writing by the DEPARTMENT's District Six Secret
or Designee. Expiration of this Agreement will be considered termination of t
PROJECT. I
31WINTIMOTIM
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 120 days after the expiration of this Agreement.
Invoices submitted after October 28, 2014, will not be paid.
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
'Audit Reports, are incorporated herein by reference.
This Joint Participation 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,
Page 6 of 15
Joint Participation Agreement benwen the Florida Doparoment of Transportation and Monroe County
Financial project Number # 414545-1-58-02
and year above written.
BY:
COUN'Are'47 MAYOR
ce-
U U TY A TORNEY T� TO
0
B
CI7RF DISTRICT SE -TARY
ATTEST:—\
(SEAL) EXECUTIW SECRETARY
LEGAL REVIEW:
Page 7 of 15
Joint Participation Agreement between the Florida Deparunent of Transportation and Monroe County
Famnicial Project Number # 414545 1-58-02
1W.4111-111-111 EM
To provide temporary ferry services for another year 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.
N1415161MY-46TOR # 1 0 -6
a H A � - Rm W i M 9 -TITIT M- MOR K, 051 *0
11113 111WO I I
Page 8 of 15
John Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Alumber # 414545-1-58-02
I UnIT,
Rip! 11111�1�
MO
414545-1-58-02:
Ferry Service:
Approximate Annual Fee for Ferry Service $231,250.00
(Based on $633.56/day x 365 Days)
IM IIR'Iq��i i .tr i rr I I II1 1[
Local Funs $106,250.00
W-OHMIUMENT's Responsibifity: $125000.00
Page 9 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Nionber # 414545-1-58-02
I W4 11 IS-31 IM
M
1111111111 1 1 OTO 110
Page 10 of 15
Joint Participation Agreement behveen the Florida Department of Transportation and Monroe County
Financial Project Number 9 414545-1-38-02
RESOLUTION NO, -2012
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 unsaf4
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, _9
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 one (1) more year of temporary ferry services for the waterbome
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
1);'AEREAS, 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
�-eference; and
WHEREAS, the COUNTY has agreed to administer, super -vise and inspect all
aspects of PROJECT; and
M32�1 Vi4�" I Vid 0199 14-61 [!A HIM 111LIN] III WPM llj�lj W 9 IIV111'7�2 VRI-11011M I 3111*11MIN
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
•, other valuable considerations contained herein, the receipt and sufficiency • which
are hereby acknowledged, the parties agree as follows:
1. The Joint Participation Agreement Between the state of Florida Department of
Transportation and • County, Florida is hereby approved.
2. Upon execution, this Resolution will be marked Exhibit C and made a part of
the Joint Participation Agreement,
I I I I : 4. q 6 0. 1 0 it 10 -
Mayor David Rice
Mayor Pro Tern Kim Wigington
Commissioner George Neugent
Commissioner Heather Carruthers
1�ommissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
B auo. W mtw
Deputy Clerk
BUARD 0 F CO 'it 11 TT CO
OF MONROE COUNTY, FLORIDA
By_
Maydr/Chairpersod
The administration of resources awarded by the Department to COUNTY be subject to audits and/or
monitoring by the Department, as described in this -section. For further guidance, see the Executive Office of
the Governor website, which can be found at: w'w.w.fssa,state,fl.uS.
[AMMUNLOWIMI
Will 1401 a 81 us
By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by the Department staff to COUNTY regarding such audit. COUNTY further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
L-111 111W
RIFE FEDERALLY FUNDED
A- 133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the
Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General
in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph I, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from
non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities),
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding federal agency.
Page I I of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Ahanber # 414545-1-58-02
zudits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for -profit organizations), Rules of the Auditor General, EXHIBIT 1 to this agreement indicates state
financial assistance awarded through the Department by this agreement. In determining the state financial
assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,
including state financial assistance received from the Department, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass -through awards and resources
received by a nonstate entity for Federal program matching requirements.
I -f
91FAMM"Mm-
au7it complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the recipient expends le�s than $500.000 in state financial assistance in its fiscal y&ar, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be
paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule
C�
of prior year audit findings, including corrective action and current status of the audit findings is requi . red,
Current year audit findings require corrective action and status of findings.
or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the
Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of
any other state official,
Page 12 of 15
Joint Participation Agreement benveen the Florida Department of Transportation and Monroe County
Financtal Project Number # 414545-1-58-02
Florida Department of Transportation
1000 Northwest I I 1,h Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
511QULU 1r, SLIPHRUCU tu Ulu
Federal Audit Clearinghouse), at the following address-,
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
B. Other Federal agencies and pass -through entities in accordance with Sections .3 20 (e) and (f), OMV
Circular A- 13 3, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall
submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
1000 Northwest I I Vh Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
In addition, pursuant to Section .320 (1), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
1000 Northwest 11 Vh Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle Loren Meaux, JPA Coordinator
3. Copies of financial reporting packages required by PART 11 of (his agreement shall be submitted by or on
behalf of the recipient directl to each of the following:
Florida Department of Transportation
1000 Northwest I I 11h Avenue, Room 6202-B
Miami, Florida 33172
Attention: Michelle LoreiVeaux, JP.4.
Auditor General's Office
Room 40 1, Pepper Building
I 11 West Madison Street
Tallahassee, Florida 32399-1450
Page 13 of 15
Joint Participation Agreement between the Florida Department of Transportation and Monroe County
Financial Project Alomber # 414545-1-58-02
4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or
on behalf of the recipient directl to:
Florida Department of Transportation
1000 Northwest I I Il' Avenue, Room 6202-B
Miami, Florida 33172
Attention. Michelle Loren Meaux, JP
this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package,
I WO ta � 113 71r�-Z �1 Z
a penou or aT jeast Tive ycus from lie date the audit report is issued, and shall allow the Vepartment, or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure
that the independent audit working papers are made available to the Department, or its designee, the state
CFO, or Auditor General upon request for a period of at least five years from the date the audit report is
issued, unless extended in writing by the Department.
Page 14 of 15
Joint ParficipationAgreement between the Florida Department of Transportation and Monine County
Financial ProjectNtember If 414545-1-58-02
STATE RESOURCES
Catalog of State Financial Assistance (Number & Title) Amount
55.023, State Highway Project Reimbursement $125,000,00
CoMpliance Reguirements
UMMI
2. Agreement Specifications
Fa
c.�
EXHIBIT C
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING 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,) 5101d 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 one (1 ) more year 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
COL]NTY 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
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. The Joint Participation Agreement Between the state of Florida Department of
Transportation and Monroe County, Florida is hereby approved.
2. Upon execution, this Resolution will be marked Exhibit C and made a part of
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 16"' day of May, A.U., 2012.
Mayor David Rice
Mayor Pro fern Kim Wigington
Conunissioner George Neuaent
Comrnissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAUE, Clerk
I E.IiME
Deputy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
- Mayor; airpersori