Item C10 C.10
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: C.10
Agenda Item Summary #5642
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Olympia Newton (305) 292-4521
N/A
AGENDA ITEM WORDING: Approval by resolution of Amendment 2 to the Joint Participation
Agreement (JPA) with Florida Department of Transportation (FDOT) to increase the total contract
amount by $37,500 (increase of$12,500 per year) for a revised not to exceed amount of$912,500 to
partially fund operation of the Pigeon Key Ferry through October 31, 2021.
ITEM BACKGROUND:
Monroe County received a request from the ferry service contractor to increase the base ferry price
by $24,000 per year; The FDOT portion to the increase in the base ferry price is $12,500 for a period
of three consecutive years totaling $37,500.00.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved by resolution on May 16, 2018 Amendment 1 to the JPA with 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.
The BOCC approved on March 19, 2014 an Interlocal Agreement(ILA)with FDOT to fund the
repairs to 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.
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval of Amendment 2 to the JPA with FDOT to increase
the total contract amount by $37,500 to fund operation of the Pigeon Key Ferry through October 31,
2021.
DOCUMENTATION:
Resolution and Amendment No. 2
Amendments and JPA Executed 6-11-18
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C.10
FINANCIAL IMPACT:
Effective Date: July 1, 2019
Expiration Date: October 31, 2021
Total Dollar Value of Contract: $37,500 ($12,500 per grant year)
Total Cost to County: $0
Current Year Portion: $6,049.00
Budgeted: Yes
Source of Funds: FDOT grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: Yes
County Match: $29,100
Insurance Required:
Additional Details:
REVIEWED BY:
Judith Clarke Completed 06/03/2019 12:49 PM
Christine Limbert Completed 06/03/2019 1:03 PM
Budget and Finance Completed 06/04/2019 12:37 PM
Maria Slavik Completed 06/04/2019 12:53 PM
Kathy Peters Completed 06/04/2019 12:55 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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EXHIBIT C3
RESOLUTION NO. -2019
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING AMENDMENT TWO cos
TO THE JOINT PARTICIPATION AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF 0
MARATHON, FLORIDA AND PIGEON KEY.
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 v
Dollars($375,000.00); and o
WHEREAS, on June 11, 2018, the Contract was amended to increase the
budgetary ceiling to Eight Hundred Seventy Five Thousand Dollars ($875,000.00) in
Amendment One to Department Funded Agreement Between State of Florida Department
of Transportation and Monroe County; and
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WHEREAS, also in Amendment One, the Contract was amended to extend the o
contract term from June 30, 2018 to October 31, 2021 in Section 2(c) and 8; and
WHEREAS, it is necessary to increase the total Contract amount by Thirty-Seven
Thousand Five Hundred Dollars ($37,500.00) to provide additional dollars needed to
fund three (3) more years of the PROJECT as identified in the attached Exhibit "B2",
"Amended Financial Summary", which is herein incorporated by reference; and
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
1. Amendment two to the Joint Participation Agreement between the State of
Florida Department of Transportation and Monroe County, FL, which provides
additional funding of$37,500 from FDOT for the annual period commencing on
July 1, 2019 is hereby approved.
2. Upon execution, this Resolution will be made part of amendment two to the
Joint Participation Agreement.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 19'h day of June, A.D., 2019.
Mayor Sylvia J. Murphy
Mayor Pro Tern Danny L. Kolhage
Commissioner Michelle Coldiron
Commissioner Heather Carruthers >
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Commissioner David Rice
as
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
ByBY...................................
Deputy Clerk MayorlChairperson
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MONROE COUNTY ATTORNEY. V DASTO O :
CHRISTINE LIMB ART-BARROWS
ASSISTANT OLN "aaAORNEY
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AMENDMENT TWO TO DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
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This Amendment Two to that certain 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"), to provide ferry
services, programmed under Financial Project Number 414545-1-58-02 ("PROJECT"), is entered
into this day of , 20
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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
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WHEREAS, on June 11, 2018, the Contract was amended to increase the budgetary
ceiling to Eight Hundred Seventy Five Thousand Dollars ($875,000.00) in Amendment One to
Department Funded Agreement Between State of Florida Department of Transportation and
Monroe County; and E
WHEREAS, also in Amendment One, the Contract was amended to extend the contract
term from June 30, 2018 to October 31, 2021 in Section 2(c) and 8; and
WHEREAS, it is necessary to increase the total Contract amount by Thirty-Seven 6
Thousand Five Hundred Dollars ($37,500.00) to provide additional dollars needed to fund three
(3) more years of the PROJECT as identified in the attached Exhibit "82", "Amended Financial 0
Summary", 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, along with Amendment One, is hereby amended as
follows: E
Financial Provisions shall be increased by an amount not to exceed Thirty-Seven
Thousand Five Hundred Dollars ($37,500.00). The contract shall not exceed Nine
Hundred Twelve Thousand Five Hundred Dollars ($912,500.00)
Exhibit "B" shall be supplemented by the increased amount of Thirty-Seven Thousand
Five Hundred Dollars ($37,500.00) in the attached Exhibit"132".
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The Department's obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
All other terms and conditions of the Contract are in effect and remain unchanged.
IN WITNESS WHEREOF,the}parties hereto have executed this Agreement, on the day and
year above written.
MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
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By: By:
COUNTY MAYOR DISTRICT SECRETARY
ATTEST: ATTEST: d
(SEAL) (SEAL)
By: By:
COUNTY CLERK EXECUTIVE SECRETARY
LEGAL REVIEW: MONROE COUNTY ATTORNEY LEGAL REVIEW:
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By: ASSISTANT COUNTY ATTORNEY By:
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EXHIBIT "132"
AMENDED FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below-listed, for 414545-1-
58-02:
Ferry Service:
DEPARTMENT's Contribution (FY 2019/2020) $12,500.00
Local Funds $11,500.00
DEPARTMENT'S Contribution (FY 2020/2021) $12,500.00
Local Funds $11,500.00
DEPARTMENT's Contribution (FY 2021/2022) $12,500.00
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Local Funds $11,500.00
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DEPARTMENT's Resonsibilyit�: $37 500 00
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AMENDMENT ONE TO DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
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This Amendment One to Department Funded Agreement ARX57, executed on June 26,
2015 ( tract") incorporated erei reference, between Monroe County, a political
ivis!on of the Stateof Florida ("COUNTY"), and the Stateof Florida Department o
Transportation, a component c of the Stateof Florida ("DEPARTMENT"), pro rammed
under sect Number 41 ("PROJECT"), is enter into is °,� a f �
, 2018.
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WHEREAS, the Contract was entered into th parties pursuant to the approval oft e
DEPARTMENT and of the COUNTY by Resolutiono. 142-2015, adoptedon May 20, 2015, i
e total o t of Three Hundred Seventy-FiveThousand I s ( )n an
it is necessary to increase the total Contract amount by Five Hundred
Thousand DI s ( )to provide additional dollars needed to fund four(4) more years
of the PROJECT as identified in the attached Exhibit Be ", "Amended ! a cia Summary", which 0
is herein incorporated by refere ce; and
construction of the Old Seven-Mile Bridge is ongoing and it is necessary to
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extend the contract term from ne 30, 2018 to October 31, 2021 in Section (c) and 8;
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redevelopment of Knight's Key Marinaas required change in the Ferry
Service Provider location necessitating a change in Exhibit "A" oft e agreement, is is herein
incorporated by ref nce® and �
the COUNTY will invoice the DEPARTMENT on a monthlybasis for
completed wor . The COUNTY must submit e invoice on this PROJECT to the DEPARTMENT
within e hundred twenty (1 ) days after e expiration oft is Agreement. Invoices submitted
after February 28, 2022 will not be paid;
THEREFORE, for the considerations hereinafter setforth:
The Contract dated June , 2015, is hereby amended as follows:
Financial Provisions shall be increased an amount not to exceed ive Hundred
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Thousand Dollas ( ). The contract shall not exceed EightHundred v t -
iv Thousand oll s ( 7 )
Exhibit "B" shall be supplemented by the increased amount of Five Hundred Thousand
Dollars ( , 0 . ) in the attached Ex i it " 2".
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Section 2 c — General Re uirements 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" — Sco a of Services shall be amended to change the ferry service pickup U)
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 — Inygjgtg 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.
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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.
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All other terms and conditions of the Contract are in effect and remain unchanged.
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MONROE COUNTY: STATE OF FLORIDA,DEPARTMENT OF
TRANSPORTATION:
By: �� By
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EXHIBIT "A"
SCOPE OF SERVICES
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To provide temporary ferry services for another four years between the City of Marathon and Pigeon Key
wNile 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 0
preserve the Bridge and Pigeon Key as historic, recreational, and cultural resource. The COUNTY shall 0
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ensure the passenger transportation will be provided between the Pigeon Key Foundation Visitor's Center (L
located at 2010 Overseas Highway,Marathon, FL and Pigeon Key dock at the Island. The ferry services 0
a shall be done each day and each trip shall require captains to analyze the wind,currents, and seas and take U-
the safest,most efficient route, Passengers shall be required to sign a liability release form prior to <
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departure of the vessel from the dock.
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PROJECT Limits: S.R. 5/Old Seven-Mile Bridge from the City of Marathon to Pigeon Key
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FDOT Financial Project Number: 414545-1.58.02 E
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County: Monroe
FDOT Project Manager: Pablo Orozco,P.E., Telephone: 305-470-5370
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COUNTY Project Manager: Judith Clarke,P.E.,Telephone: 305-2954329
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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
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Local Funds $106,250.00
DEPARTMENT'S Contribution (FY 2019/2020) $125,000.00
Local Funds $106,250.00 a.
DEPARTMENT's Contribution (FY 2020/2021) $125,000.00 d
Local Funds $106,250.00
DEPARTMENT'S Contribution (FY 2021/2022) $125,000.00
Local Funds $106,250.00 00
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EPARTMENT's Res onsibilit �. 0.00
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EXHIBIT "C2"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission
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C.10.b
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.
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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
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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
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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 'W', '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.);
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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 Tern Sylvia J. Murphy Yes
Commissioner Danny L. Kolhage Yes
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes
BOARD OF COUNTY COMMISSIONERS
,EVlN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By ...... ........ ,,,,. ._...._ .
Deputy Clerk Mayor/Cha erson
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MONROE COUNTY ATTTqORNEY
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CHRISTINE LIMBERT-BARROWS
ASSISTANT UNTY A'P'ORNEY
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Florida Transportation
RICK SCOTT 1000 NW 111 Avenue JIM BOXOLD
GOVERNOR Miami, FL 33172 SECRETARY
June 29, 2015
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IVII VU%A I LlI gad® t/IGIl I%G, 1 .1m dS
Director, Engineering Services
Monroe County
1100 Simonton Street
Key West, Florida 33040 0
NoticeIL
Re: Department Funded Agreement
Dear Ms. Clarke:
Enclosed for Monroe County's records are three (3) original fully executed E
Agreements for the aforementioned project. The Agreement was executed by the
Florida Department of Transportation (Department) on Friday, June 26, 2016. Please E
note that services are not authorized to commence until a Notice to Proceed is received <
from Dennis Fernandez on or after July 1, 2015. 00
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:
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Florida Department of Transportation
Attn: Dennis Fernandez, Structures Maintenance AdministratorIL
1000 NW 1111h Avenue, Room 6205A
Miami, FL 33172-5800
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Thank you on behalf of the Department for your assistance in expediting the E
execution of the Agreement. If you have questions or concerns, please feel free to
contact me at 305-470-5285.
Sincerely,
Pablo Valin
Senior Contract Analyst
www.dotstate.ffus
cc: Dennis Fernandez.Michelle Rapaport,File
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Contract Number:
CSFA/CFDA Number:
DEPARTMENT FUNDED AGREEMENT
BETWEEN U)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
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,eTHIS AGREEMENT is ade and entered into this
20-L,� between the State of lomr Fida Department of Transportation, a component agency of the
State of Florida, hereinafter referred to as the 'DEPARTMENT', and Monroe County, a
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municipal corporation of the State of Florida, existing under the Laws of the State of Florida,
hereinafter referred to as the 'COUNTY',,
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RECITALS: a
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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 6
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VVHEREAS, the DEPARTMENT has deemed the BRIDGE structurally unsafe for E
vehicular traffic and has closed it, and access to Pigeon Key is restricted to water-based methods
of transportation; and
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WHEREAS,
Pigeon Key is presently occupied by the Pigeon Key Foundation, a non- ®0
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
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DEPARTMENT has agreed to contribute, along with the COUNTY, towards providing three (3) W
more years of temporary ferry services for the waterborne passengers and goods, hereinafter a.
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
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WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
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Financial Project Number 414545m1-58-02, 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 E
WHEREAS,the COUNTY has agreed to administer, supervise and inspect all aspects of
PROJECT; and E
AS, 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 11
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number 4 414545-1-58-02
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MMIZEAS, 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
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The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
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2. GENERAL REQUIREMENTS
a. The COUNTY shall be responsible for assuring that the PROJECT complies 0
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with all applicable Federal, State and Local laws, rules, regulations, guidelines U-
and standards.
b. The COUNTY shall submit this Agreement to its COUNTY Commission for 6
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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. E
c. The COUNTY shall administer, supervise and inspect all aspects of E
PROJECT until completion, and, as further defined in Exhibit "A", 'Scope of <
00 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 X
requiring the disbursement of DEPARTMENT funds, including consulting or W
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
U)review qualifications of any consultant or contractor and to approve or
disapprove COUNTY employment of same.
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e. This Agreement and any interest herein shall not be assigned, transferred or
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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.
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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
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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.
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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. W
3. FINANCIAL PROVISIONS
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a. Eligible PROJECT costs may not exceed THREE HUNDRED SEVENTY
FIVE THOUSAND DOLLARS ($375,000.00), as outlined in Exhibit "B", 0
`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 0
be executed prior to such costs being incurred. U_
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b. The DEPARTMENT agrees to compensate the COUNTY for services n
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described in Exhibit "A" — Scope of Services. The Method of Compensation 6
is included as Exhibit B. Z
c. The COUNTY shall furnish the services with which to complete the E
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PROJECT. Said PROJECT consists of services as detailed in Exhibit "A" of
this Agreement.
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d. Payment shall be made only after receipt and approval of goods and services 00
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
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deliverables. Each deliverable must specify the required minimum level of W
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 U)
(e),F.S.)
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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 E
verifiable units of deliverables as established in Exhibit "A'7— Scope of
Services. Deliverables must be received and accepted in writing by the
E DEPARTMENT's Project Manager prior to payments. (Section 287.058
(1)(a),F.S.)
g. Supporting documentation must establish that the deliverables were received
and accepted in writing by the COUNTY and must also establish that the
Page 3 of I I
Deportment Funded Agreement between the Florida Department rj`Transportation and Monroe County
Financial Project Number#414545-1-58-02
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C.10.b
required minimum level of service to be performed based on the criteria for
evaluating successful completion as specified in Exhibit "A"— Scope of
Services was met.
h. There shall be no reimbursement for travel expenses under this Agreement.
i. The COUNTY providing goods and services to the DEPARTMENT should be
aware of the following time frames. Inspection and approval of goods or
services shall take no longer than five (5) working days unless the bid
specifications, purchase order, or contract specifies otherwise. The
Department has twenty(20) days to deliver a request for payment(voucher)to
the Department of Financial Services. The twenty (20) days are measured
from the latter of the date the invoice is received or the goods or services are
received, inspected,and approved. (Section 215.422(1),F.S.). 0
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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 E
Financial Services. The duties of this individual include acting as an advocate <
for the COUNTY who may be experiencing problems in obtaining timely 00
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.)
1. 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 a.
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
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 if 414545-1-58-02
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"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 U)
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 U-
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 0
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than I year." IL
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n. The DEPARTMENT's obligation to pay is contingent upon an annual U-
appropriation by the Florida Legislature. (Section 216.311,F.S.) IL
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o. E-Verify: C14
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The COUNTY shall:
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i. Utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the E
Vendor/Contractor during the term of the contract; and <
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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
X
2011-02) W
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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. U)
4. GOVERNING LAW E
This Agreement shall be governed and construed in accordance with the laws of E
the State of Florida. <
5. AMENDMENT E
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 ofTransporiation and Monroe County
Financial Project Number 4 414545-1-58-02
1 Packet Pg.425
6. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable, U)
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the remainder of this Agreement shall not be affected thereby, if such remainder 0
continues to conform to the terms and requirements of applicable law. 0
7. COMMUNICATIONS W
a. All notices, requests, demands, consents, approvals and other U_
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.
0
mail, return receipt requested, postage prepaid, addressed to the party to
receive such notices as follows:
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To DEPARTMENT: Florida Department of Transportation a
1000 Northwest 11 I Avenue, Room 6202B U_
Miami, Florida 33172-5800 (L
Attn: Pablo Valin, Senior Contract Analyst C14
Ph: (305)470-5285; Fax: (305)470-5309 6
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To CITY/COUNTY- Monroe County
I 100 Simonton Street
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Key West,Florida 33040 <
Attn: Judith S. Clarke, P.E., Director of 00
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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
X
days from the proper sending thereof unless proof of prior actual receipt is W
provided. <
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8. EXPIRATION OF AGREEMENT
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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 E
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 E
or Designee. Expiration of this Agreement will be considered termination of the
PROJECT.
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9. INVOICING
Page 6 of 11
Department FundedAgreement between the Florida Department ofTranspartation and Monroe Cozmfy
Rnancial Project Number#4.14545-1-58-02
Packet Pg.426
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 (n
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 U_
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 0 0
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
0
by the DEPARTMENT. The COUNTY shall, within five (5) days after notice a
from the DEPARTMENT, provide the DEPARTMENT with a corrective action U_
plan describing how the COUNTY will address all issues of contract non-
performance, unacceptable performance, failure to meet the minimum cv
performance levels, deliverable deficiencies, or contract non-compliance. If the 6
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corrective action plan is unacceptable to the DEPARTMENT, the COUNTY shall
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be assessed a non-performance retainage equivalent to 40% of the total invoice 0
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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
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deficiency. If the deficiency is subsequently resolved, the COUNTY may bill the <
DEPARTMENT for the retained amount during the next billing period. If the 00
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.)
I L ENTIRE AGREEMENT
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This Department Funded Agreement is the entire Agreement between the parties W
hereto, and it may be modified or amended only by mutual consent of the parties <
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in writing.
---------------------REMAINDER OF PAGE INTENTIONALLY LEFT BLANK---------------------
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Page 7 of 11
Department Funded Agreement between the Florida Department of Transportationand Monroe County
Financial Project Number#414545-1-58-02
Packet Pg.427
C.10.b
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT U)
OF TRANSPO TA ION:
BY:
UN"'" O DISTRICC E RETARY
ATTEST:
COUNTY LERK (SEAL) EXEC I'IVE SEC" TARY
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MONROE COUNTY ATTORNEY LEGAL REVIEW:"Ul E D AS TO FORM:
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Date
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COUNTY ATTORNEY DISTRIC
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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
Packet Pg.428
EX.MBIT"A"
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SCOPE OF SERVICES
To provide temporary ferry services for another three years between the City of Marathon and (n
Pigeon Key while the Old Seven Mile Bridge is closed to vehicle traffic until the Department
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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
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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 a.
and take the safest,most efficient route. Passengers shall be required to sign a liability release 0
form prior to departure of the vessel from the dock. a
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PROJECT Limits: S.R. 5/01d Seven-Mile Bridge from the City of Marathon to Pigeon Key
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FDOT Financial Project Number: 414545-1-58-02 6Z
County: Monroe
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FDOT Project Manager: Dennis Fernandez, Telephone: 305-470-5182 E
COUNTY Project Manager: Judith Clarke, P.E., Telephone: 1-305-295-4329 00
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Page 9 of 11
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number#414545-1-58-02
Packet Pg.429
EXHIBIT "C"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission
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Page 11 0111
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number#414545-1-58-02
Packet Pg.430
EXHIBIT C
RESOLUTIONNO. 142 -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
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SERVICES BETWEEN THE CITY OF 0
P
MARATHON, FLORIDA AND PIGEON KEY.
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WHEREAS, the DEPARTMENT has jurisdiction over and maintains the to <
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Road(S.R.) 5/O1d Seven-Mile Bridge (hereinafter 'BRIDGE') from the City of Marathon n
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to Pigeon Key in the COUNTY; and 6
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WHEREAS, the DEPARTMENT has deemed the BRIDGE structurally unsafe
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for vehicular traffic and has closed it, and access to Pigeon Key is restricted to water-
based methods of transportation; and
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WHEREAS, Pigeon Key is presently occupied by the Pigeon Key Foundation, a 00
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
X
functions, the DEPARTMENT has agreed to contribute, on with the COUNTY, W
towards providing three (3) more year of temporary ferry services for the waterborne o-
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
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incorporated by reference; and
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WHEREAS, the DEPARTMENT has programmed funding for the PROJECT
under Financial Pro ect Number 414545-1-58-02, and has agreed to reimburse the
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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 E
WHEREAS, the COUNTY has agreed to administer, supervise and inspect all <
aspects of PROJECT; and
Packet Pg.431
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 U-
Transportation and Monroe County, Florida is hereby approved.
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2. Upon execution, this Resolution will be marked Exhibit C and made a part of
the Joint Participation Agreement. (L
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, U-
Florida at a regular meeting of said board on the 20"day of May,A.D.,2015. <
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Mayor Danny L. Kolhage Yes C14
Mayor Pro Tern Heather Carruthers Yea 6Z
Commissioner George Neugent
Commissioner David Rice Yes
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Commissioner Sylvia Murphy
ALM-
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E BOARD OF COUNTY COMMISSIONERS 00
HEAVILIN,Clerk OF MONR E COUNTY,nORIDA
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By
M y rl irperson
Deputy Cl ay Ch,irperson X
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