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Item C01County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: C.1 Agenda Item Summary #4014 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 n/a AGENDA ITEM WORDING: Approval by resolution of Amendment One to Joint Participation Agreement (JPA) 4ARX57 with Florida Department of Transportation (FDOT) for FDOT to provide an additional $500,000 to fund the temporary ferry service from the City of Marathon to Pigeon Key from July 1, 2018 through October 31, 2021. 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 $500,000 over the next 4 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 has approved multiple JPAs and Amendments to the JPAs since 2007. 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. The current JPA (4ARX57) with FDOT was approved at the May 20, 2015 meeting and provided $375,000 for ferry funding through June 30, 2018. CONTRACT /AGREEMENT CHANGES: Extend JPA until October 31, 2021 STAFF RECOMMENDATION: Approval of Amendment DOCUMENTATION: Amendment 41 to JPA - CAY stamped JPA ARX57 - 6 2015 FINANCIAL IMPACT: Effective Date: 7/1/2018 Expiration Date: 10/31/2021 Total Dollar Value of Contract: $500,000.00 ($125,000 per year grant) Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: FDOT grant CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: Yes County Match: Insurance Required: Additional Details: If yes, amount: 04/19/18 125 -22527 - PIGEON KEY FERRY SVC $87,500.00 REVIEWED BY: Judith Clarke Completed 04/24/2018 1:54 PM Christine Limbert Completed 04/24/2018 2:00 PM Budget and Finance Completed 04/30/2018 9:57 AM Maria Slavik Completed 04/30/2018 9:59 AM Kathy Peters Completed 04/30/2018 6:02 PM Board of County Commissioners Pending 05/16/2018 9:00 AM AMENDMENT ONE TO DEPARTMENT FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY This Amendment One to Department Funded Agreement ARX57, executed on June 26, 2015 (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 "), programmed under Financial Project Number 414545- 1 -58 -02 ( "PROJECT "), is entered into this _ day of zi 1 2018. RECITALS: WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of the COUNTY by Resolution No. 142 -2015, adopted on May 20, 2015, in the total amount of Three Hundred Seventy -Five Thousand Dollars ($375,000.00); and WHEREAS, it is necessary to increase the total Contract amount by Five Hundred Thousand Dollars ($500,000.00) to provide additional dollars needed to fund four (4) more years of the PROJECT as identified in the attached Exhibit "132 ", "Amended Financial Summary", which is herein incorporated by reference; and WHEREAS, construction of the Old Seven -Mile Bridge is ongoing and it is necessary to extend the contract term from June 30, 2018 to October 31, 2021 in Section 2(c) and 8; and WHEREAS, redevelopment of Knight's Key Marina has required a change in the Ferry Service Provider location necessitating a change in Exhibit "A" of the agreement, which is herein incorporated by reference; and WHEREAS, the COUNTY will invoice the DEPARTMENT on a monthly basis for completed work. The COUNTY must submit the invoice on this PROJECT to the DEPARTMENT within one hundred twenty (120) days after the expiration of this Agreement. Invoices submitted after February 28, 2022 will not be paid; NOW, THEREFORE, for the considerations hereinafter set forth: The Contract dated June 26, 2015, is hereby amended as follows: Financial Provisions shall be increased by an amount not to exceed Five Hundred Thousand Dollars ($500,000.00). The contract shall not exceed Eight Hundred Seventy - Five Thousand Dollars ($875,000.00) Exhibit "B" shall be supplemented by the increased amount of Five Hundred Thousand Dollars ($500,000.00) in the attached Exhibit "132 ". Section 2(c) — General Requirements shall be amended to extend the completion date of the PROJECT to October 31, 2021 and Section 8 — Expiration of Agreement shall be amended to extend the agreement expiration date to October 31, 2021. Exhibit "A" — Scope of Services shall be amended to change the ferry service pickup location from Knight's Key to 2010 Overseas Highway, Marathon, FL and also to change the FDOT Project Manager from Dennis Fernandez to Pablo Orozco. Section 9 — Invoicing shall be amended to extend the final invoice date to February 28, 2022 and to read as follows: The COUNTY will invoice the DEPARTMENT on a monthly basis for completed work. The COUNTY must submit the invoice on this PROJECT to the DEPARTMENT within one hundred twenty (120) days after the expiration of this Agreement. Invoices submitted after February 28, 2022 will not be paid. Exhibit "C" shall be supplemented by incorporating the Resolution approving this Amendment One to Department Funded Agreement Between State of Florida Department of Transportation and Monroe County in the attached Exhibit C2. All other terms and conditions of the Contract are in effect and remain unchanged. MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: COUNTY MAYOR ATTEST: (SEAL) By: COUNTY CLERK COUNTY ATTORNEY 1�- EXHIBIT "A" SCOPE OF SERVICES To provide temporary ferry services for another four 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 CL other state, federal, local agencies and nonprofit groups to repair the Bridge to restore safe access and to n preserve the Bridge and Pigeon Key as historic, recreational, and cultural resource. The COUNTY shall ensure the passenger transportation will be provided between the Pigeon Key Foundation Visitor's Center located at 2010 Overseas Highway, Marathon, FL 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: Pablo Orozco, P.E., Telephone: 305- 470 -5370 COUNTY Project Manager: Judith Clarke, P.E., Telephone: 305- 295 -4329 EXHIBIT "132" AMENDED 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 2018/2019) $125,000.00 Local Funds $106,250.00 DEPARTMENT's Contribution (FY 2019/2020) $125,000.00 Local Funds $106,250.00 DEPARTMENT's Contribution (FY 2020/2021) $125,000.00 Local Funds $106,250.00 DEPARTMENT's Contribution (FY 2021/2022) $125,000.00 Local Funds $106,250.00 1� DEPARTMENT's Responsibility: $500,000.00 EXHIBIT "C2" MONROE COUNTY RESOLUTION To be herein incorporated once approved by the COUNTY Commission 1�- EXHIBIT C2 RESOLUTION NO. -2018 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. CL WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road r (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 four (4) 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 "132 ", `Amended 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 Amendment to the 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 is hereby approved. 2. Upon execution, this Resolution will be marked Exhibit C2 and made a part of the Amendment 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 16 day of May, A.D., 2018. Mayor David Rice Mayor Pro Tern Sylvia J. Murphy Commissioner Danny L. Kolhage Commissioner George Neugent Commissioner Heather Carruthers 1� (SEAL) Attest: KEVIN MADOK, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /Chairperson MONROE COUNTY ATTORNEY AI 0 LD S TORM: CHRISTINE LIMBERT BARROWS ASSISTANT C ORNEY DATE: UWNI Dir ector , Services M onroe Co unty it Simonton Stree • a, 33040 1000 NW 111 Avenue Miami, FL 33172 C Re: Department Funded Agreement Notice of Execution Project # 414545-1-58-02 Dear Ms. Clarke: UEJU . I Enclosed for Monroe County's records are three (3) original fully executed Agreements for the aforementioned project. The Agreement was executed by the Florida Department of Transportation (Department) on Friday, June 26, 2015. Please note that services are not authorized to commence until a Notice to Proceed is received from Dennis Fernandez on or after July 1, 2015. When Monroe County would like to be reimbursed for covered project- related expenses incurred to date, please send an original itemized invoice along with supporting documentation to the Department for processing at: Florida Department of Transportation Attn: Dennis Fernandez, Structures Maintenance Administrator 1000 NW 11Th Avenue, Room 6205A Miami, FL 33172 -5800 Thank you on behalf of the Department for your assistance in expediting the execution of the Agreement. If you have questions or concerns, please feel free to contact me at 305- 470 -5285. Sincerely, i www. Dennis ,- � r .. UWNI Dir ector , Services M onroe Co unty it Simonton Stree • a, 33040 1000 NW 111 Avenue Miami, FL 33172 C Re: Department Funded Agreement Notice of Execution Project # 414545-1-58-02 Dear Ms. Clarke: UEJU . I Enclosed for Monroe County's records are three (3) original fully executed Agreements for the aforementioned project. The Agreement was executed by the Florida Department of Transportation (Department) on Friday, June 26, 2015. Please note that services are not authorized to commence until a Notice to Proceed is received from Dennis Fernandez on or after July 1, 2015. When Monroe County would like to be reimbursed for covered project- related expenses incurred to date, please send an original itemized invoice along with supporting documentation to the Department for processing at: Florida Department of Transportation Attn: Dennis Fernandez, Structures Maintenance Administrator 1000 NW 11Th Avenue, Room 6205A Miami, FL 33172 -5800 Thank you on behalf of the Department for your assistance in expediting the execution of the Agreement. If you have questions or concerns, please feel free to contact me at 305- 470 -5285. Sincerely, i www. Dennis ,- Contract Number: _A CSFA/CFDA Number: DEPARTMENT FUNDED AGREEMENT BETWEEN VITI AND MONROE COUNTY TMS AGREEMENT is made and entered into this -;� 1 1 20 1e of -L between the State of Florida Department of Transportation, a component agency of th�:. 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 • as the 'COUNTY', I t1i 'IMEREAS, the DEPARTMENT has jurisdiction over and maintains the State Roa.4 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 structurafly unsafe for vehicular traffic and has closed it, and access to Pigeon Key is restricted to water-based methods :tf transportation; and WHEREAS, Pigeon Key is presently occupied by the Pigeon Key Foundation, a non- profit organization devoted to marine e heritage; 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 PROJECT; and I t_. WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and Page I of I I Department Funded Agreement between the Rorida Department ofTrawportation and Monme County Financial Project Number 4 414545-1-S8-02 W'AEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes 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: 7be 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 complie with all applicable Federal, State and Local laws, rules, regulations, guidelinen 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. f The COUNTY shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The COUNTY will make ths, best efforts to obtain the DEPARTMENT input in its decisions. t-I y. Page 2 of 11 Department Funded Agreement between the FlOridaDeParlment of Transportation and Monroe County Financial Project Number 4 414545-1-58-02 g. ©e #2f»+©° 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. w® COUNTY shall comply with all federal, state, and local laws an.'$', ordinances applicable © work or payment of work thereof, and will noi discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Agreement. c. w® COLTNTY shall furnish the services with which to complete P ROJE CT. Said PROJECT consists of services as deailed t in E xh ibit "A' this Agreement. 1 d. Payment shall be made only after receipt and approval of goods and services ©» « advance payments are authorized by the Department's Comptroller under Section «/ \f«< *) F.S., or by the Department of Financial Services under Section 215.422(14), 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 t-I Page 3 of I I Department FwwkdAgreement between the Rorida Department of7rwuport an d M onrDe County Rnahcial Project Number # 414545-1-58-02 required minimum level of service to be performed based on the criteria for evaluating successfW completion as specified in Exhibit "A'�— Scope of Services was met. t-I Page 4 of 11 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number if 414545-1-58-02 a. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 216.311, F.S.) MEMEM 01 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. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. This Agreement may be amended by mutual agreement of the DEPARTMENT md the COUNTY expressed in writing, executed and delivered by each party. Page 5 of 11 Department Funded Agreement between the Ronda Department of7ransportation and Monroe County Financial Project Number 4 414545-1-58-02 1 k , 11 a I ' I I ' 1 1' #' ' '1 1 r0 I • - I - , I 14-- T 11 M I 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 I I I Avenue, Room 6202B Miami, Florida 33172-5800 Attn: Pablo Valin, Senior Contract Analyst Ph: (305) 470-5285; Fax: (305) 470-5309 ToCITY/COUNTY: Monroe Count!j 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. t-I Page 6 of I I lepartment FundedApreement 44M.&W. ';f hre0j, , ,,I 4A Wjj UP fil I III III,, li�I 1111" '41 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. 1 q 11 !11 1 �11 I I ''I' I I&Uil Z EMEAM 11� B Page 7 of II Department FundedAgreement between the Plorida Depirtment of7ransportation and Monroe County Fitumcial Project Number ¥ £w4 x,&02 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. MONROE COUNTY: IM)l &A IS P1 ATTEST: c COUNTY LEWK (SEAL) EXECtrTIVE SEC`R -A ARY MONROE COUNTY ATTORNEY APPROVED AS TO FORM: LEG CHRISTINE M. LIMBERT- BARROW Date COUNTY ATTORNEY AL REVIEW: DISTRICT CHIEF COdNSEL Page 8 of l 1 Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number k 414545- 1 -58 -02 PROJECT Limits: S.R. 5/01d Seven-Mile Bridge from the City of Maratbon to Pigeon Ktrj- t_. Page 9 of 11 Department Funded Agreement between th Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 EXHIBIT "C" t-. Page i i of i i Department Funded Agreement between the Florida Department of Transportation and Monroe County Financial Project Number # 414545-1-58-02 1 '1111111 WHEREAS, the #2f » *©° has deemed the BRIDGE structurally unsafe 6or vehicular traffic and has closed it, and access to Pigeon Key is restricted to water- based methods of transportation; and WAFUEJ AS, 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, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 414545-1-58-02, and has agreed to reimburse the COLNTY »<e 4 \ PROJECT costs, up to a maximum limiting amount, as outlined in G» 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 U-1 CC' Or_ C:) U_ Uj WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); NOW, TBEREFORE, 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 2e day of May, A.D., 2015. Mayor Danny L. Kolhage May Pro Tem Heather Q.ypA%w Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy �nll VA I M, I . Gm C-5 . . .. . . . Aim UZ Is a 7""13,1 �"L_Opy (3 Gtr"i""Imct. whran'ws 20_ Arjftl"Y I' EAVILUN 4 4 , A, "C By MONFIC'E i'Vl'I"ORNEY A rOMVI: CHRISTINE M. U kk BERT- BAR RC;'VV3 ASSISTANTGOL ' D ate 4 t_'