Resolution 132-2018 EXHIBIT C2
RESOLUTION NO. 132 -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.
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road
(S.R.) 5 /OId 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
"B2 ", '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 Yes
�� Mayor Pro Tem Sylvia J. Murphy Yes
Commissioner Danny L. Kolhage Yes
- ' ►_ I � Commissioner George Neugent Yes
A Commissioner Heather Carruthers Yes
BOARD OF COUNTY COMMISSIONERS
E V IN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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Deputy Clerk Mayor /Cha erson
MONROE COUNTY ATTORNEY
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CHRISTINE LIMBERT - BARROWS
ASSISTANT AUNTY A ORNEY
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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 "), pro J r�mmed
under Financial Project Number 414545- 1 -58 -02 ( "PROJECT "), is entered into this l,�t day of
, 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 "B2 ", "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 "B2 ".
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:
By: By:
UNTY MAYOR Vor District Secret ry
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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
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 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 - -
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 "B2"
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
DEPARTMENT's Responsibility: $500,000.00
EXHIBIT "C2"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission