3rd Amendment 07/21/2021 '` ` N Kevin Madok, CPA
y4 Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE July 29, 2021
TO: Judith Clarke, PE, Director
Engineering/Roads& Bridges
ATTN: Nicole Twlmhai
Executive Assistant
FROM: Pamela G. I I:uico4k .C.
SUBJECT: July 21"BOCC Meeting
Attached is an electronic copy of die following item,executed on behalf of Monroe
County,for your handling:
Cl2 Resolution 230-2021 approving die 3rd Amendment to the Joint Participation
Agreement with Florida Department of Transportation to increase the total contract amount by
$41,637.00, 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).
Once the state has signed the amendment, please be sure to provide our office with a hilly
executed copy for die record. Should you have any questions please feel free to contact me at
(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Horde 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
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 9th day of August , 2021.
RECITALS:
WHEREAS, the Contract was entered into by both parties pursuant to the approval of the
DEPARTMENT and of the COUNTY by Resolution No. 142-2015, adopted on May 20, 2015, in
the total amount of Three Hundred Seventy-Five Thousand Dollars ($375,000.00); and
WHEREAS, 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, 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
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;
1
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
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"B3".
Section 2(c) - General Reguirements shall be amended to extend the completion date of the
PROJECT to June 30,2022,and Section S-Expiration of Agreement shall be amended to extend
the agreement expiration date to June 30, 2022.
Section 9 - Invoicina 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
within one hundred twenty (120) days after the expiration of this Agreement. Invoices submitted
after September 30, 2022, will not be paid.
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.
MONROE COUNTY: STATE OF FLORIDA,DEPARTMENT OF
TRANSPORTATION:
oocusigned by;
By: E L�AV Lla
09FD98547F
k:. CQU , MAYOR District Secretary
At!
MADOK, CPA, C1erkATTEST: cuSigned by:
(SEA ./2��VIN
(SEAL)
By: By: E�s,
a bwfa
E21F210734D7...
COUNTY CILERK 717-I zo-2-l Executive Secretary
LEGAL REVIEW: LEGAL REVIEW:
MUHRDECWNTY ATioO�RytHEy DocuSigned by:
�Y1i:.F.ry�Yr Aa�iti�
By: C14RIS TNiLIMBE COUNTYATTORNEYW By: 512CAFOEtlBIDu6A, (�b
ASSISDATE 7121/21 ABC...
COUNTY ATTORNEY District Chief Counsel
2
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
EXHIBIT "A"
SCOPE OF SERVICES
To provide temporary ferry services for another four years between the City of Marathon and
Pigeon Key while the Old Seven Mile Bridge is closed to vehicle traffic until the Department enter
in partnership with other state, federal, local agencies and nonprofit groups to repair the Bridge
to restore safe access and to preserve the Bridge and Pigeon Key as historic, recreational, and
cultural resource. The COUNTY shall ensure the passenger transportation will be provided
between the Pigeon Key Foundation Visitor's Center located at 2010 Overseas Highway,
Marathon, FL and Pigeon Key dock at the Island. The ferry services shall be done each day and
each trip shall require captains to analyze the wind, currents, and seas and take the safest, most
efficient route. Passengers shall be required to sign a liability release form prior to departure of
the vessel from the dock.
PROJECT Limits: S.R. 5/Old Seven-Mile Bridge from the City of Marathon to Pigeon Key
FDOT Financial Project Number: 414545-1-58-02
County: Monroe
FDOT Project Manager: Pablo Orozco, P.E., Telephone: 305-470-5370
COUNTY Project Manager: Judith Clarke, P.E., Telephone: 305-295-4329
3
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
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
Local Funds Increase $34,844.00
DEPARTMENT's Responsibility Increase: $41,637.00
4
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
EXHIBIT "C3"
MONROE COUNTY RESOLUTION
To be herein incorporated once approved by the COUNTY Commission.
5
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
RESOLUTION NO. ZU -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING AMENDMENT THREE
TO THE JOINT PARTICIPATION AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF
TRANSPORTATION AND MONROE COUNTY,
FLORIDA TO PROVIDE TEMPORARY FERRY
SERVICES BETWEEN THE CITY OF
MARATHON, FLORIDA AND PIGEON KEY.
WHEREAS, the 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 1 1. 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 Jtme 30, 2018 to October 31, 2021, in Section 2(c)and 8;and
WHEREAS,on.tune 19. 2019, the Contract was amended to increase the budgetary
ceiling to Nine Hundred Twelve Thousand Five Hundred ($912,500) 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 provide additional dollars need to
fund one (1) more year of the PROJECT or until the Old Seven Mile Bridge is re-opened to
the public as identified in the attached Exhibit "B2" "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-
].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 f'or the annual period commencing on July 1, 2021 is
hereby approved.
2. Upon execution, this Resolution will be made part of amendment three to
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
the Joint Participation Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of-
Monrae County. Florida at a regular meeting of said board on the 2I st day
of—July . A.D..2021.
Mayor Michelle Coldiron Yes
Mayor Pro Tem David Rice Yes�
Commissioner Craig Cates Yes
Commissioner Eddie Martinez
= . Commissioner Mike Forster Yes
• 'i .4
' If
,(SEAL) +` BOARDO OF COUNTY COMMISSIONERS
Attest: KEV N MADOK, Clerk OF MONROE COUNTY, FLORIDA
By V By
As Deputy Clerk Mayor/Chairperson
MONROECOUN7Y ATTORNEY
PPR �AS TO FORAA:
l,.Grt i f"Y R!7A7�j
CHRISTTNE H M9ERT-9ARRO W S
A SSISTANTC')UNTY ATTORNEY
DATE
r^ 7
-
�- v
-T-T •1
r- 0 �.
DocuSign Envelope ID:C8A750AE-43A3-4CC2-8FE3-D8E12B92A9A7
To:Daniel.Kong@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ARX57
8/6/2021
CONTRACT INFORMATION
Contract: ARX57
Contract Type: I AK-PROJ PARTICIPATION(PROJ PART)
Method of Procurement: G-GOVERMENTAL AGENCY(287.057,F.S.)
Vendor Name: MONROE COUNTY BOCC
Vendor ID: F596000749114
Beginning Date of This Agreement: 06/26/2015
Ending Date of This Agreement: 10/31/2021
Contract Total/Budgetary Ceiling: ; ct=$454,137.00
Description: JPA for Ferry Service-SR 5/Old Seven Mile Bridge from theCity of Marathon to Pigeon
Key
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE,CPA,COMPTROLLER ON 8/6/2021
Action: Supplemental
Reviewed or Approved: APPROVED
Organization Code: 55064020638
Expansion Option: A9
Object Code: 139900
Amount: $41,637.00
Financial Project: 41454515802
Work Activity(FCT): 215
CFDA:
Fiscal Year: 2022
Budget Entity: 55150200
Category/Category Year: 088716/22
Amendment ID: S004
Sequence: 00
User Assigned ID S003
Eric Line(6s)/Status: 0005/04
Total Amount: $41,637.00
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