Item C12 C.12
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
July 21, 2021
Agenda Item Number: C.12
Agenda Item Summary #8417
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 3 to the Joint Participation
Agreement (JPA) with Florida Department of Transportation (FDOT) to increase the total contract
amount by $41,637 for a revised not to exceed amount of$954,137.00 to partially fund operation of
the Pigeon Key Ferry through June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the
public (est. March 2022).
ITEM BACKGROUND:
Monroe County received a request from the ferry service contractor to increase the base ferry price
by $76,481.90 per year; The FDOT portion to the increase in the base ferry price is $41,637 for a
period of one (1) year or until the Old Seven Mile Bridge is re-opened to the public (est. March
2022).
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved 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.
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 3 to the JPA with FDOT to increase
the total contract amount by $41,637 to fund operation of the Pigeon Key Ferry through June 30,
2022 or until the Old Seven Mile Bridge is re-opened to the public (est. March 2022).
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C.12
DOCUMENTATION:
ARX57 Amendment 43 - Supplemental 6-29-2021
RESOLUTION FDOT JPA Amendment No. 3 6-18-2021
Amendments and JPA Executed 6-23-19
FINANCIAL IMPACT:
Effective Date: July 1, 2021
Expiration Date: June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public
(est. March 2022).
Total Dollar Value of Contract: $179,137.00
Total Cost to County: $0
Current Year Portion: $44,784.25
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: $126,058.92
Insurance Required: No
Additional Details:
REVIEWED BY:
Judith Clarke Completed 06/29/2021 2:13 PM
Christine Limbert Completed 06/29/2021 10:01 PM
Purchasing Completed 06/30/2021 8:43 AM
Budget and Finance Completed 06/30/2021 9:07 AM
Maria Slavik Completed 06/30/2021 5:11 PM
Liz Yongue Completed 07/02/2021 11:31 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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C.12.a
AMENDMENT THREE TO DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
This Amendment Three 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"), to provide ferry
services, programmed under Financial Project Number 414545-1-58-02 ("PROJECT"), is entered
into this _day of 12021. °3
RECITALS: 0
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
d
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 E
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
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term from June 30, 2018 to October 31, 2021 in Section 2(c) and 8; and
WHEREAS, on July 23, 2019, the Contract was amended to increase the budgetary
ceiling to Nine Hundred Twelve Thousand Five Hundred Dollars ($912,500.00) in Amendment
Two to Department Funded Agreement between State of Florida Department of Transportation
and Monroe County; and
WHEREAS, it is necessary to increase the total Contract amount by Forty One Thousand
Six Hundred Thirty Seven Dollars ($41,637) to fund the increase in the Ferry Service fee of the
PROJECT, as identified in the attached Exhibit "133" "Amended Financial Summary, which is
herein incorporated by reference;
WHEREAS, construction of the Old Seven-Mile Bridge is ongoing and it is necessary to
extend the contract term from October 31, 2021 to June 30, 2022 in Section 2(c) and 8; and
WHEREAS, Exhibit "A", the Scope of Services remains unchanged, which is herein LO
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 September 30, 2022, will not be paid;
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C.12.a
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 Forty-One Thousand Six
Hundred Thirty-Seven Dollars ($41,637.00). The contract shall not exceed Nine Hundred Fifty-
Four Thousand One Hundred Thirty-Seven Dollars ($954,137.00).
Exhibit "B" and "132" shall be supplemented by the increased amount of Forty-One Thousand Six
Hundred Thirty-Seven Dollars ($41,637.00) in the attached Exhibit "133".
Section 2(c) — General Requirements shall be amended to extend the completion date of the
PROJECT to June 30, 2022, and Section 8—Expiration of Agreement shall be amended to extend
the agreement expiration date to June 30, 2022. °3
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Section 9 — Invoicing shall be amended to extend the final invoice date to September 30, 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
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within one hundred twenty (120) days after the expiration of this Agreement. Invoices submitted
after September 30, 2022, will not be paid. d
Exhibit "C" and "C2" shall be supplemented by incorporating the Resolution approving this
Amendment Three to Department Funded Agreement Between State of Florida Department of
Transportation and Monroe County in the attached Exhibit C3.
All other terms and conditions of the Contract are in effect and remain unchanged. .�
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MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OFCD
TRANSPORTATION: N
By: By:
COUNTY MAYOR District Secretary
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ATTEST: ATTEST:
(SEAL) (SEAL)
By: By:
COUNTY CLERK Executive Secretary E
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LEGAL REVIEW: LEGAL REVIEW:
By: By: 03
COUNTY ATTORNEY District Chief Counsel
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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 0
efficient route. Passengers shall be required to sign a liability release form prior to departure of
the vessel from the dock. 0.
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
County: Monroe
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FDOT Project Manager: Pablo Orozco, P.E., Telephone: 305-470-5370 n,
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COUNTY Project Manager: Judith Clarke, P.E., Telephone: 305-295-4329
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C.12.a
EXHIBIT "133"
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 $331,733.90
(Based on $908.86/day x 365 Days)
DEPARTMENT's Contribution Increase (FY 2021/2022) $41,637.00 a)
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Local Funds Increase $34,844.00
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DEPARTMENT's Responsibility Increase: $41,637.00
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EXHIBIT "C3"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission.
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C.72.b
RESOLUTION NO. -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, a
FLORIDA, APPROVING AMENDMENT THREE
TO THE JOINT PARTICIPATION AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF v)
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 Contract was entered into by both parties pursuant to the approval 0
of the DEPARTMENT and of the COUNTY by Resolution No. 142-2015, adopted on May U-
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 N
contract term from June 30, 2018 to October 31, 2021, in Section 2(c) and 8;and N
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WHEREAS, on June 19, 2019, the Contract was amended to increase the budgetary
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ceiling to Nine Hundred Twelve Thousand Five Hundred($912,500) in Amendment Two to d
Department Funded Agreement Between State of Florida Department of Transportation and
Monroe County; and
WHEREAS, it is necessary to increase the total Contract amount by Forty One
Thousand Six Hundred Thirty Seven Dollars ($41,637) to provide additional dollars need to e(
fund one (1) more year of the PROJECT or until the Old Seven Mile Bridge is re-opened to CL
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the public as identified in the attached Exhibit"B2" "Amended Financial Summary,which is
herein incorporated by reference; and a
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of _
Monroe County, Florida, that:
1. Amendment three to the Joint Participation Agreement between the State of
Florida Department of Transportation and Monroe County,FL,which extends
the contract term through June 30,2022 and provides additional funding of
$41,637 from FDOT for the annual period commencing on July 1, 2021 is
hereby approved.
2. Upon execution, this Resolution will be made part of amendment three to
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C.72.b
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 day
of A.D., 2021.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster
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(SEAL) BOARDO OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
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By By
As Deputy Clerk Mayor/Chairperson
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C.12.c
AMENDMENT TWO TO DEPARTMENT FUNDED AGREEMENT
BETWEEN
TRANSPORTATIONSTATE OF FLORIDA DEPARTMENT OF
® _ ANDMONROE COUNTY
This Amendment Two to that certain Department Funded Agreementt >
on June 1 ,
poillical subdivisionState
e ferry
services.pTwnwd under Financial Prqect Number 1 1- )f Is entered
In � a)
RECITALS: CL
WHEREAA%the Contract was entered Into by both pardes pursuant to the approval of the a
f the COUNTY by Resolution No. 142-2015, adopted on May 20,2015. i
the e I ($375,000.00);and
WHEREAS, on June 11, 2018. the Contract was amended to Increase d
coiling to Eighti1 ( et One to
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Department FundedAgreement Between Staterat of Transportation and W
MonroeCounty; and
WHEREAS, also In Amendment One,the Contractto contract E
term from June 30,2018to Oclbber 31,2021 in Section 2(c) n
WHEREAS, it Is necessary t0 increase i ContractThIrty-Seven
Thousand Five Hundred Dollars 7, m00)to provide additional dollarsto fund three
(3) mom years of the PROJECT as Identified In the attached Exhibit W , I
Summarys,which Is heroin Incorporated by reference;
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WHEREAS, the COUNTY will invoice the DEPARTMENTr for
completed work.The COUNTY must submitinvoice on this
t ® (1after the expiration . Irrvoices submitted
after February 29,2022 will not be paid.
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NOW
.THEREFORE,for the conskierations hereinafter set forth:
ContractThe June 26, 2015, along with Amendment One. Is hereby amendedas
follows: E
shall be Increased by an amountn exceed Thirty-Seven
Thousand 1 7,500.00). The corftd shall not exoeed Nine E
DollarsHundred Twelve Thousand Fhre Hundred ($912,15W.00)
i 1 ® shall tie supplementedI n Thousand <
Five Hundred ( 7® In the attached Exhibit
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MONROE COUNTY: STATE OF FLORMA,DEPARTMENT OF 0
TRANSPORTATION:
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EXHIBIT"B2"
AMENDED FINANCIAL
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Estimated PROJECT costs and dellverables for reimbursement are below4sted,for 4146415-1-
58-02:
DPPART d IP 'ry ll g' =I'Q $12A
Local Funds $11,51)10.00
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0001ARIMENre Cantrlbullcii 1 SAID W' 1t) 432,W0.00 aCL
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Local Funds
$12,5W.00
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C.12.c
EXHIBIT C3
RESOLUTION NO. 157 -2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, >
FLORIDA, APPROVING AMENDMENT TWO
TO THE JOINT PARTICIPATION AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF °3
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
Dollars($375,000.00); and
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
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
Thousand Five Hundred Dollars ($37,500.00) to provide additional dollars needed to LU
fund three (3) more years of the PROJECT as identified in the attached Exhibit "B2", CL
"Amended Financial Summary", which is herein incorporated by reference;and
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida,that:
I. Amendment two to the Joint Participation Agreement between the State of E
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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C.12.c
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 Yes
Mayor Pro Tern Danny L. Kolhage Yes
Commissioner Michelle Coldiron ye.,.
ommissioner Heather Carruthers Yes
qa missioner David Rice Us -
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BOARD OF COUNTY COMMISSIONERS 0
VIN MADOK, Clerk. OF MONROE COUNTY, FLORIDA _
By By
Deputy Clerk Ma or/C airperson
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MONROE COUNTY ATTORNEY
Y, AP D AS To ORM:
CHRISTINE LIMB RT BARROWS
ASSISTANT 0�AORN EY
DATE;
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C.12.c
To:Daniel.Kong@dotstate.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ARX57
7/17/2019
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CONTRACT INFORMATION
fCprftract: ARX57
C ontract Type;, AK-PROJ PARTICIPATION(PROD PART) U)
Method of Procurefiient: O-GOVERMENTAL AGENCY(287.057,F.S.) �
Wendor Name: „ MONROE COUNTY BOCC D'
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?endorlD F596000749114
GBeglno ng Date of;This Agreemeht. 06/26/2015 0
ending Date of This Agreement: - 10/31/2021 —
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contract TotaUBucjetary Gdiling.' ct=$387,500.00
(Descrlption: JPA for Ferry Service-SR 5/Old Seven Mile Bridge from theCity of Marathon to Pigeon LL
Key
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDIREVIE ED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 7/17/2019 D
Action: Supplemental
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1Re viewed or Approved: APPROVED
6igahiiafl6h Code 55064020638
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Expansion OPtion;` A9 e(
Object Cocle. 139900 �+
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AmoUnY. , ' $12,500.00
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Fini al Protect;" 41454515802 .�
Work Activity(FCT) 215
CFDp: x
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Fiscal Year,, 2020
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Budget Entity: 55150200
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Category/Category Year: 088716/20
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Amendment ID-."' S001
Sequence: 00
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User Assighed 1D: A002
Enc Line(6s)/Status: 0002/04 E
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Total Amount: $12,500.00
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C.12.c
To:Daniel.Kong@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ARX57
7/23/2019
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CONTRACT INFORMATION
�Contract: `ARX57
�Contraict Type: AK-PROJ PARTICIPATION(PROJ PART)
Method of Procurement: G-GOVERMENTAL AGENCY(287.057,F.S.)
r#IendorName: MONROE COUNTY BOCC II'
iVendorlD: F596000749114
Begineing Date of This Agreement: 06/26/2015 0
.Ending 11 Date of This Agreement:' 10/31/2021
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�tontmct Total/Budgetary Ceiling: ct=$412,500.00
Opscription. �ePA for Ferry Service-SR 5/Old Seven Mile Bridge from theCity of Marathon to Pigeon
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FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 7/23/2019 O
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Action: Supplemental
ReviewedorApproved: *REVIEWED
Organization Code: 55064020638
Fyparision Option: A9
Object Code: 139900 �+
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Amount: $12,500.00
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Financial Project:; 41454515802 .O
Work Activity(FCT): 215
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CFDA:
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Fiscal Year. 2021
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Budget Entity: 55150200
Category/Category Year: 088716/21
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,,Amendment ID: SO02
Sequence: 00 E
�UserAssigried ID IA002
Eno Line(6s)/Status: /04
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Total Amount: $12,600.00
*Reviewed Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation.
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C.12.c
To:Daniel.Kong@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ARX57
7/23/2019
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CONTRACT INFORMATION
Contract: ARX57
Contract Type: AK-PROJ PARTICIPATION(PROJ PART)
i4lethod of Procurement: G-GOVERMENTAL AGENCY(287.057,F.S.)
.....
Wendoukame: MONROE COUNTY BOCC
11-ftendorlD: F596000749114
(';Beginning Date of This Agreement: 06/26/2015 0
iEnding Date'of This Agreement: 10131/2021 —
:Contract Total/Budgetary Leif ng: ct=$412,500.00
Description: JPA for Ferry Service-SR 5/Old Seven Mile Bridge from theCity of Marathon to Pigeon
Key
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FUNDS APPROVAL INFORMATION r'
FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 7/23/2019 D
Action: Supplemental
Reviewed or Approved: *REVIEWED E
Organiiation Corse: `55064020638
Expansion Option: A9 e(
Object Code: 139900 �+
Amount: $12,500.00
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Financial Project: 41454515802
Work Activity(FCT): 215
CFDA: X
Fiscal Year:, 2022
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Budget Entity' 55150200
Cawoory/Category Year 088716/22
Amendment ID: S003
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Sequence: 00
User.Assigned ID: A002
Enc Line(6s)/Status: /04
Total Amount: $12,500.00
*Reviewed Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation.
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C.12.c
AMENDMENT ONE TO DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
This Amendment Oneo Department Funded Agreement7, executed on June 26,
2015 (the "Contract") incorporated herein by reference, between Monroe County, a political
subdivision of the StateFlorida ("COUNTY"), and the State of Florida Departmento
Transportation, component nc of the State of Florida ("DEPARTMENT"), pro rammed
under FinancialProjectr 1 -1- - ("PROJECT"), is entered into 'is �� a �
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RECITALS:
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WHEREAS, the Contract s entered into by both parties pursuant to the approval of the 0
DEPARTMENT and of the COUNTY by Resolution . 142-2015, adopted n May 20, 2015, i
the total amount of ThreeHundred ven - i Thousand DoII rs ( ); and
it is necessary to increase total Contract amount Five Hundred
Thousandall rs ( )to provide additional dollars needed to fund four( ) more years
of the PROJECT as identified in the attached Exhibit ", " e a i nci I hic 0)
is herein incorporated by reference; an
construction of the OldSeven-Mile ri is ongoing n it is necessary to
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extend the contract rm from June 30, 2018to October 31, 2021 in Section ( ) and 8; and
redevelopment of KKnight' y Marina has required change in the Ferry
Service r vi r location necessitating change in Exhibitr e nt, which is herein
incorporated reference; an
WHEREAS, the COUNTY ill invoice DEPARTMENT on a monthlybasis for
completed or . The COUNTY must submit the invoice on this PROJECT to the DEPARTMENT
Thin one hundred twenty (12 ) days after the expiration of this r e . Invoices submitted
after February 28, 2022 will not be paid;
THEREFORE, for the considerations hereinafter set forth:
e Contract dated June 26, 2015, is hereby amendeds follows:
Financial rovisio shall be increased n amount not to exceed iv n r E
Thousand oll rs ( ). The contract shall not exceed EightreSeventy-
Five
sDollars ( , )
Exhibit " " shall be supplemented by the increased amount of FiveHundred Thousand
Dollars ( ) in the attached Exhibit " ".
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Section 2fc 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" — Sco a of Services shall be amended to change the ferry service pickup y
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.
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Exhibit "C" shall be supplemented by incorporating the Resolution approving this .�
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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.
MONROE COUNTY: STATE OF FLORIDA,DEPARTMENT OF
TRANSPORTATION:
By' By: ..
Y MAY R JNZ.__ . District Secrery
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EVIN , CPA,, Clerk ATTEST:
(SEAL)
By.464,
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OUNTY CLERK ; � Executive -ecretaryCL
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LEGAL REVIEW: LEGAL REVIEW: . r
MONROE COUNTY ATTORNEY
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CFI ST LI RT® t .. ` ����
° A SI TA U Y `TO Y By• � �' �� ��`
DATE:
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COUNTY ATT REY istrlcC .,ounsel
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EXHIBIT "A"
SCOPE OF SERVICES
To provide temporary e services for another four years between the City of Marathon and Pigeon Key
Nile 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 m
ensure the passenger transportation will be provided between the Pigeon Key Foundation Visitor's Center CL
located at 2010 Overseas Highway,Marathon, FL and Pigeon Key dock at the Island. The ferry services 0
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
CL
departure of the vessel from the dock.
r9
d
PROJECT Limits: S.R. 5/Old Seven-Mile Bridge from the City of Marathon to Pigeon Key
FDOT Financial Project Number: 414545-1-5 -02
Monroe
r4
FDOT Project Manager: Pablo Orozco,P.E., Telephone: 305-470-5370
CL
COUNTY Project Manager: Judith Clarke,P.E.,Telephone: 305-295-4329
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EXHIBIT "132"
AMENDED FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below-listed, for 414545-1-
58-02:
Fer 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
0
Local Funds $106,250.00
DEPARTMENT'S Contribution (FY 2019/2020) $125,000.00
Local Funds $106,250.00
DEPARTIVIENT'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
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DEPARTMENT's Responsibility: $500,000.00
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EXHIBIT "C2"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission
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EXHIBIT C2
RESOLUTION NO. 132 -2018
A RESOLUTION OF THE BOARD OF COUNTY 2
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.
0
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
WHEREAS, the DEPARTMENT has deemed the BRIDGE structurally unsafe for
d
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 'W', 'Scope of Services', which is herein incorporated by reference; and LU
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.);
Packet Pg. 522
a C.12.c
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 0
Mayor Pro Tem Sylvia J. Murphy Yes
Commissioner Danny L. Kolhage Yes CL
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes
CL
BOARD OF COUNTY COMMISSIONERS
E" IN MADOK, Clerk OF MONROE COUNTY, FLORIDA
f % m
By y
Deputy Clerk B Mayor/Cha erson
N
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MONR.OE COUNTY ATTORNEY
P AS 0 F RM:
CHRIST[NELIMBERT-BARROWS A
ASSISTANT CQUNTYA1 ,ORNKY
DATE:. r K N
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s�t iit' t111 ' �'
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Florida Department of Transportation
RICK sc 1000 N W 111 Avenue JIM soxal.n
GOVERNORMiami, FL 33172 SECRETARY 2
June 29, 2015 >
IYay. uuua`aa .a. %.ICIcla r% a .In
`.
Director, Engineering Services
Monroe County
1100 Simonton Street
Key West, Florida 33040 a)
NoticeCL
Re: Department Funded Agreement
Contract
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, 2015. 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.
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:
X
Florida Department of Transportation
Attn: Dennis Fernandez, Structures Maintenance AdministratorCL
1000 NW 111t'Avenue, Room 6205A
Miami, FL 33172-5800
N
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, ..
o �
Pablo Valin
Senior Contract Analyst
`v. ct.state. l.0
cc: Dennis Fernandez.Michelle Rapaport,File
Packet Pg. 524
C.12.c
Contract Number: ,
CA/CF Number:
DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
MONROE COUNTY
JHIS AGREEMENT is made and entered into this of
20U-
between the State of Florida Department of Transportation, a component agency of the
State of Florida, hereinafter referred to as the EP T NT', 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 `C ', -
RECITALS: a
S, the DEPARTMENT has jurisdiction over and maintains the State Road
(S. .) 5/01d Seven-Mile Bridge (hereinafter `BRIDGE') from the City of Marathon to Pigeon
Key in the COUNTY; and d
WHEREAS, 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
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; andWHERE cv
AS, 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 CL
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
WHEREN
AS, 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
e
WHERE
AS, the parties hereto mutually recognize the need for entering into an
Agreement designating d setting forth the responsibilities of each party; and
Page 1 of l 1
Department Funded Agreement between the Flarida Department of Transportarion and Monroe County
Financial Project Number#414545-1-58-02
Packet Pg. 525
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M7HEREA , the parties are authorized to enter into this Agreement pursuant to Section
9. (e) and 339.12,FloridaStatutes . .);
THEREFORE, in consideration of the premises, the mutual covenants and other 2
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
1. INCORPORATION RECITALS
e foregoing recitals are true and correct and are incorporated into the body of
is Agreement, as if fully set forth herein.
0
. GENERAL REQUIREMENTS °3
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 ftirtber 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 N
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 LU
construction contracts or amendments thereto, with any third party with CL
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 swne.
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
Packet Pg. 526
C.12.c
g. The DEPARTMENT shall reimburse the COUNTY for eligible PROJECT
costs as defined in Exhibit " ", '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 Iocl 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
. Eligible PROJECT costs may not exceed THREE HUNDRED SEVENTY
FIVE THOUSAND DOLLARS ( 375, 0.00), as outlined in Exhibit " ",
'Financial Summary'. If additional funding is required, contingent upon aLM
)
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DEPARTMENT approval, a supplemental agreement between the
DEPARTMENT and the COUNTY authorizing the additional funding shall
be executed prior to such costs being incurred.
CL
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
c. The COUNTY shall furnish the services with which to complete the E
PROJECT. Said PROJECT consists of services as detailed in Exhibit "A" of
this Agreement.
. 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 ( ), F.S., or by the Department of Financial Services
under Section 1 . 2(1 ),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. CL
The PROJECT, identified as Project Number 4155-1-5 - 2, and the
quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit "A" - Scope of Services. (Section 27. 8(1)( ) and
(e),F.S.)
f. Invoices shall be submitted by the COUNTY in detail sufficient for a proper W
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
DEPA NT's Project Manager prior to payments. (Section 287.058
(1)(n),F.S.)
. 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 1 l
Department Funded Agreement between the Florida Department of 7Trwuportation and Monroe County
F}nancial Project Number#414545-1-58-02
Packet Pg. 527
C.12.c
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.
e
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
U-
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. 2(1), .S.). °3
CL
j. If payment is not available within forty(40) days, a separate interest penalty at 0
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
CL
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
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.)
2
1. Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all Lu
times during the period of this Agreement and for five (5) years after final CL
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 27.05 (4),F.S.)
in. 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 if 41 45 45-1-58-02
Packet Pg. 528
C.12.c
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
y 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 y
violation of this subsection is null and void, and no money may be paid on 2
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 o
THOUSAND DOLLARS ( 25,000.00) and which have a term for a period of more than 1 year." CL
n. The DEPART T's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature. (Section 216. 11, .S.)
o. -Verify: d
The COUNTY shall:
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
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
011-02) LU
CL
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.
. GOVERNING LAW E
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
5. AMENDMENT m
e
This Agreement may be amended by mutual agreement of the DEPARTMENT
d 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 4 414545-1-58-02
Packet Pg. 529
s C.12.c
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 ® Florida Department of Transportation
1000 Northwest I I I Avenue, Room 6202
Miami, Florida 33172-500 CL
Attn: Pablo Valin, Senior Contract Analyst
Ph: (305)470-52 5; Fax: (305) 70-5309 d
IMonroe County
1100 Simonton Street
Key West,Florida 33040
A : Judith S. Clarke, P.E., Director of
Engineering Services
Ph: 1-305-295-4329; Fax: 1-3 5-295- 321
. 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.
CL
8. EXPIRATION AGREEMENT
N
The COUNTY agrees to complete the PROJECT on or before June 30, 2018. I
e 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 writingby the T 's District Six Secretary
or Designee. Expiration of this Agreement will be considered termination of the
PROJECT.
9. INVOICING
Page 6 of 11
Department FwzdedAgreement between the Florida Department ofTransportation and Monroe County
Rnancial Project Number#474545-1-58-02
Packet Pg. 530
C.12.c
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
DEP TET's invoice transmittal forms prior to payment. If the
DEPARTMENT dete ies at the perfo ce of the CO Y is a)
satisfactory,the DEPARTMENT shall notify the COUNTY of the deficiency to -
CL
be corrected, which correction shall be made within a time-frame to be specified r-
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 d
corrective action plan is unacceptable to the DEPARTMENT, the COUNTY shall
be assessed a non-performance retaina a equivalent to -10% of the total invoice 0)
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
VENDORis unable to resolve the deficiency, the fands retained may be forfeited
at the end of the Agreement period. (Section 27. 5 (1)(h),F.S.) N
I I ENTIRE AGREEMENT 2
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
CL
in writing.
--------------------REMAINDER OF PAGEINTENTIONALLY LEFT BLANK--------------------- N
Page 7 of I 1
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number#414545-1-58-02
Packet Pg. 531
C.12.c
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT
OF TRANSPO TA ION: 2
am BY:
UN' Y M23
O DISTRIC E I<�TARY
ATTEST: jam , 0
COUNTY LEW (SEAL) EXEC �IVF�SEi�`It �"!'ARY -
°qu r 0.
vr� F®
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM: LEGAL REVIEW:
Cl"IRITINE M, I-IMBERT-B+4RRt� _ C. ``• '` r9
Date_
COUNTY ATTORNEY DISTRICT CHIEF CO SEL
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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. 532
C.12.c
EYMBIT u
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,
d cultural resource.The COUNTY shall ensure the passenger transportation will be provided
between the"Train"dock at Knights Key and Pigeon Key dock at the Island.The ferry services °3
shall be done each day and each trip shall require captains to analyze the wind, currents, and seas CL
d 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.
CL
PROJECT Limits: S.R. 5/Old Seven-Mile Bridge from the City of Marathon to Pigeon Key
FDOT Financial Project Number: 14545-1-5 -02 0
County: Monroe
FDOT Project Manager: Dennis Fernandez, Telephone: 30 - 7 -5182 COUNTY E
ProjectManager: Judith Clarke, P.E., Telephone: 1-305-25-4329
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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. 533
C.12.c
EXHIBIT `B"
FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below-listed, for
414545-1-58-02: >
v)
Ferry Service:
U_
Approximate Annual Fee for Ferry Service $231,250.00
(Based on $633.56/day x 365 Days) 0
a)
DEPARTMENT's Contribution (FY 2015/2016) $125,000.00
Local Funds $106,250.00
e(
DEPARTMENT's Contribution (FY 2016/2017) $125,000.00
d
Local Funds $106,250.00
DEPARTMENT's Contribution (FY 2017/2018) $125,000.00
ay
Local Funds $106,250.00
cv
DEPARTMENT'S Responsibility: $375,000.00
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Page 10 of 11
Department Funded Agreement between the Florida Department of Transportation and Monroe County
Financial Project Number#414545-1-58-02
Packet Pg. 534
C.12.c
EXHIBIT ac "
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission
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Page 11 oT 11
Department FundedAgreement between the Florida Department of Transportation and Monroe County
Financial Project Number#414545-148-02
Packet Pg. 535
C.12.c
FLORIDA, EXHIBIT C
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
APPROVING THE JOINT U)
PARTICIPATION AGREEMENT BETWEEN
FLORIDA DEPARTMENT OF U-
COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
MARATHON,SERVICES BETWEEN THE CITY OF a)
FLORIDA AND PIGEON KEY.
e DEPARTMENT has jurisdiction over and maintains the State
o (S. .) 5/Old Seven-Mile Bridge (hereinafter 'BRIDGE') from the City of Marathon
to Pigeon Key in e COUNTY; d d
e DEPARTMENT has deemed e BRIDGE structurally s e
for vehicular traffic and has closed it, and access to Pigeon Key is restricted to water-
based methods of transportation; and
Pigeon Key is presently occupied by the Pigeon Key Foundation,
non-profit organization devote to marine education and historic interpretation of the
FloridaKeys' heritage; and
in order to maintaintraffic between e City of Marathon and
Pigeon Key to permit Pigeon Key Foundation to continue its educational d historic
functions, e DEPARTMENT has agreedto contribute, along with the COUNTY,
towards providing three (3) more year of temporary e services for the waterborne
passengers and goods, hereinafter referred to as the 'PROJECT', the individual elements
of which e outlined in the attached Exhibit " ", `Scope of Services', which is here'
incorporatedyreference; and
e DEPARTMENT has programmed in for the PROJECT
der Financial Project Number 155-1- - 2, and has agreed to reimburse the
COUNTY for eligible PROJECT costs, up to a maximumlimiting o t, as outlined
e attached Exhibit " ", 'Financial Summary', which is herein incorporated by
reference; and
e COUNTY has agreed to administer, supervise and inspect all
aspectsof ; and
Packet Pg. 536
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement si setting forth the responsibilities of each party; and
e parties are authorized to enter into this Agreement pursuant to
THEREFORE,Section 339.08(e) and 339.12,Florida Statutes (F.S.)-
in consideration of the premises, the mutual covenants
and other valuable considerations contained here' a receipt and sufficiency of which >
e hereby acknowledged,the parties agree as follows:
1. The Joint Participation Agreement between Florida Department of
Transportation and Monroe County, Florida is hereby approved. e
r_
0
. Upon execution, this Resolution will be marked Exhibit C and made a part o °3
e Joint Participation Agreement. eCL
L
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 20 y of May,A.D.,2015.
Mayor Danny L. Kolhage Yes
Mayor Pro Tern Heather Carruthers Yea Z
Commissioner George Neugent Yes
Commissioner David Rice Yes m
Commissioner Sylvia Murphy
ja t m
aE BOARD OF COUNTY COMMISSIONERS
HEAVILIN,Clem OF MONR E COUNTY,
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B.
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ty l May rl ero
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3 PPR :•.".SEE di`,S Ti r° R t^6l. �
' IST INE M. k Ii`BERG AV'
ASSISTANT
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Packet Pg. 537