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Item C26BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 20, 2015 Division: Public Works/Engincerin Bulk Item: Yes X No Department: En ininneering Services Staff Contact Person/Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Approval by 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. ITEM BACKGROUND: FDOT has agreed to fund repairs to the Old Seven Mile Bridge with the provision that the City of Marathon, Monroe County and the Pigeon Key Foundation would continue to fund the Pigeon Key ferry service until the bridge repair construction project is complete. FDOT has agreed to provide $375,000 over the next 3 years of the total cost and the City of Marathon, Monroe County and the Pigeon Key Foundation would contribute to the local funding share. 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 2010; 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 meeting, 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 service until the bridge repair construction project is complete. At the May 21, 2014 meeting the BOCC approved Amendment Two to the JPA with FDOT. At the July 17, 2014 meeting the BOCC approved rescinding Amendment 2 which was approved in May 2014 and approved ratification of revised Amendment 2 and Amendment 3 to the JPA to extend the term of the JPA to June 30, 2015 and increase total contract amount by $125,000. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as requested above. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: SOURCE OF FUNDS: FDOT Grant REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing DOCUMENTATION: Included X Not Required. DISPOSITION: Revised 7/09 Risk Management AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: FDOT CONTRACT SUMMARY Contract # Effective Date: Expiration Date Contract Purpose/Description: JPA between Monroe County and FDOT to fund the tem Contract Manager: Judy Clarke (Name) for BOCC meeting on 5/20/2015 7/1/2015 6/30/2018 xy ferry service between inninu 7/ 1 /2015 4329 Engineering/# 1 (Ext.) (Department/Stop #) Benda Deadline: 5/5/2015 CONTRACT COSTS Total Dollar Value of Contract: $ 375,000 Current Year Portion: $ 125,000 Budgeted? Yes❑ No ❑ Account Codes: /_ _ - _0 * `iSov Grant: $ $125,000 - County Match: $ 87,500 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Nee .,d evie Division Director" -'� Yes❑ No Risk Management ''x" Yes No f � a�' hi O.M.B./Purchasng 11-- F Yes❑ No � - �� -iS County Attorney I Yes[:] No ! b - _. Comments: OMB Form Revised 2/27/01 MCP 42 EXHIBIT C RESOLUTION NO. -2015 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.) 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 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 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 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 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 20`h day of May, A.D., 2015. Mayor Danny L. Kolhage Mayor Pro Tern Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy (SEAL) Attest: AMY HEAVILIN, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson I 10 N R ° J A P P R', ,.. Date.., ., ... ����� Contract Number: CSFA/CFDA Number: DEPARTMENT FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY THIS AGREEMENT is made and entered into this day of , 20 , 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 # 414545-1-58-02 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. 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 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 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 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 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. 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 (1) 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.) 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 (1) year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: Page 4 of 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 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 1 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: 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 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 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 111 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 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 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 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. MONROE COUNTY: BY: COUNTY MAYOR ATTEST: (SEAL) COUNTY CLERK STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: DISTRICT SECRETARY ATTEST: (SEAL) EXECUTIVE SECRETARY MONROE COUNTY ATTORNEY ACPROVC: n AC'� -Y'O CORM: LEGAL REVIEW: CHRISTINE M. LIMBERT-BARROWS ASSIS l"ntJ ')i' 41 CIRNEY Date COUNTY ATTORNEY DISTRICT CHIEF COUNSEL Page 8 of 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number 9 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 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 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) $125,000.00 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 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 EXHIBIT "C" MONROE COUNTY RESOLUTION To be herein incorporated once approved by the COUNTY Commission Page 11 of 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02