Item C20BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 03/17/04 Division: Public Works
Bulk Item: Yes X No Department: Engineerin
AGENDA ITEM WORDING: Approval to enter into Addendum 1 to Memorandum of Agreement
associated with a Joint Participation Agreement with the Florida Department of Transportation for an
additional $180,000.00 for the project described as CR5-A/Flagler Avenue in Key West.
ITEM BACKGROUND: Flagler Avenue is one of six County roads within the City (Palm Avenue, Is' and
parts of Flagler, Bertha, Duval, Eaton, and Whitehead). The County has jurisdictional and maintenance
responsibility on these roads because of their functional classification as major collectors. The State maintains
principle arterials (US 1 and South Roosevelt Boulevard) while the City maintains minor collectors and local
roads. The County and FDOT entered into a Joint Participation Agreement, approved by the BOCC March 19,
2003, for the above described work. The project was let with all bids coming in above the FDOT budgeted
amount. The project has been re-evaluated and still is $180,000 over the original budget. The County and the
City of Key West are entering into an Interlocal Agreement whereby the City of Key West will provide the
additional $180,000.00 to complete the project.
PREVIOUS REVELANT BOCC ACTION: Work on Flagler Avenue is part of the 7-Year Plan
approved November 20, 2002 and December 17, 2003.
On March 19, 2003, the BOCC approved the Joint Participation Agreement with the Florida Department of
Transportation in an amount of $1,295,000 for work on CR5-A/Flagler Avenue in Key West. On April 16,
2003, the BOCC approved a Memorandum of Agreement describing funding for the Joint Participation
Agreement with the FDOT.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:_ $180,000.00 BUDGETED: Yes No X
COST TO COUNTY: $ -0- SOURCE OF FUNDS:
REVENUE PRODUCING: Yes —No X AMOUNT PER MONTH Year
APPROVED BY: County Atty — OMB/Purchasi isk Management
ITEM PREPARED BY:
—David S. Ko el, County Engineer
DIVISION DIRECTOR APPROVAL: 2,1 Z')
Dent Pierce
DOCUMENTATION: Included X _ To Follow Not Required
DISPOSITION: r
AGENDA ITEM # �
* Fully reimbursed by the City of Key West through an Interlocal Agreement being presented at this meeting, Agenda Item
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT MODIFICATION SUMMARY
Contract with: State of Florida Department Contract No. Locally Funded Project
of Transportation #251457-2
Effective Date: Upon execution
Expiration Date: Within 365 days of final
Contractor payment
Contract Purpose/Description: Approval to enter into an Addendum 1 to Memorandum of
Agreement approved by the BOCC at the April 16, 2003 meeting a for an additional
$180,000.00 to construct the project described as CR5-A/Flagler Avenue in Key West.
Contract Manager: David S. Koppel, PE 4426 Engineering / #1
(Name) (Ext.) (Department/Stop #)
For BOCC meeting on 03/17/04 Agenda Deadline: 03/02/04
Total Dollar Value of Contract:
Budgeted? Yes ✓ No
Grant: $
County Match: $
CONTRACT COSTS/REVENUE
$ 180,000.00 Current Year Portion:
Account Codes: Funding to be reimbursed by the City of Key West
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (ea. maintenance.
CONTRACT REVIEW
Division Director
D t
3 0
V
Changes
Needed Re w r
Yes❑ No❑
Date Out
ze
Risk Management
31 d o y
Yes[—] No[--
O.M.B./Purchasing
Yes[:] NoZ'
County Attorney
3 L 0Y
Yeso No
Comments:
AMENDMENT 1
to
MOA — Dated April 16, 2003
(Locally Funded Joint Participation Agreement - Dated March 19, 2003
Financial Project Number: 251457-2
County: Monroe
This Amendment supplements Item 1 in the subject Memorandum of Agreement as
follows:
Additional $180,000.00 due to be paid by the Participant into the
interest bearing escrow account previously established by the FDOT
for this Local Fund Agreement for the purposes of the subject
project on the day of , 2003. Three equal
deposits of $60,000.00 will be made by Participant. The first is due
July 1, 2004, the second on July 1, 2005, and the subsequent
deposit is due July 1, 2006, for a total of three deposits for a grand
total of $180,000.00
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL
SERVICES
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER I.D. NUMBER
MONROE COUNTY ATTORNEY
APP. OVED •FORA:
R B 7 N. WOLFE
CHIE. SSIST T 9Qi1N Y A�""fORNEY
Date—�"'
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this ' , day of
2003 , by and between the State of Florida, Department of Transportation, hereinafter
referred to as "FDOT" and the State of Florida, Department of Financial Services, Division
of Treasury and MONROE COUNTY hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 251457-2
County: MonroeM
hereinafter referred to as the "Project".
WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement
dated March 19, 2003, wherein DOT agreed to perform certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the FDOT and the Participant to establish an interest bearing escrow
account to provide funds for the work performed on the Project on behalf of the Participant
by the FDOT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit in the amount of $ 1,220,000 00 (One Million Two -hundred
twenty thousand dollars) will be made by the Participant into an interest bearing escrow
account established by the FDOT for the purposes of the project. Said escrow account will
be opened with the Department of Financial Services, Division of Treasury, Bureau of
Collateral Management on behalf of the FDOT upon receipt of this Memorandum of
Agreement. Such account will be an asset of FDOT.
2. Other deposits will be made only by the Participant as necessary to cover the
cost of additional work prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to the Department of Financial Services
Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate
processing at the following address:
Florida Department of Transportation
Office of Comptroller
3717 Apalachee Parkway, Suite B
Mail Station 24
Tallahassee, Florida 32311
ATTN: LFA Section
A copy of this Agreement should accompany any deposits. When the check is
mailed to Tallahassee, the District Office should instruct the Participant to mail
the District Office a copy of the check.
4. The FDOTs Comptroller and/or her designees shall be the sole signatories
on the escrow account with the Department of Financial Services and shall have sole
authority to authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated
in the escrow account shall remain in the account for the purposes of the project as
defined in the LFA.
6. The Department of Financial Services agrees to provide written confirmation
of receipt of funds to the FDOT.
7. The Department of Financial Services further agrees to provide periodic
reports to the FDOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
IJA
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISI N OF VEASURY,
PARTICIPANT SIGNATURE
r
PARTICIPANT NAME & TITLE
APPROVED AS TO FORM ®d
4AND LEG NCY. PARTICIPANT ADDRESS
OBER OLFE
DATE '' FEDERAL EMPLOYER I.D. NUMBER
a
FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED
JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, made and entered into this / q day of March, 2003, by and between the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT", and MONROE COUNTY, hereinafter referred to as the "COUNTY."
WITNESSETH:
WHEREAS, the Parties have been granted specific legislative authority to enter into this
AGREEMENT pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the Department is prepared, in accordance with its Five Year Work
Program, to construct the project described as CR5-A / Flagler Avenue in Key West, FL, in
Fiscal Year 2002/2003, said project designated by the DEPARTMENT as Item No. 251457-2-52-
.04 hereinafter referred to as the "PROJECT"; and
WHEREAS, the implementation of the PROJECT is in the interests of both the
DEPARTMENT and the COUNTY and it would be most practical, expeditious, and
economically advantageous for the COUNTY to advance the funds for the Construction Phase of
the PROJECT; and
WHEREAS, the COUNTY by Action dated March /(�, 2003, a copy of which is
attached hereto and made a part hereof, has agreed to advance to the DEPARTMENT an amount
of $1,220,000.00 for the Construction of the PROJECT.
NOW, THEREFORE, in further consideration of the mutual covenants hereinafter
contained, the parties agree as follows:
I • (A) The COUNTYagrees that it will, at least fourteen (14) calendar days
prior to the Department's advertising the project for bid, furnish the Department an
advance deposit in the amount of $ 1,220,000 (One Million Two -hundred twenty Thousand
dollars) for full payment of the estimated project cost for Locally Funded project number
251457-2 . The advance deposit shall be the total estimated project
cost plus allowances (Allowances: Contingency $75,000 ). The Department may utilize this
deposit for payment of the costs of the project.
(B) If the accepted bid amount plus allowances is in excess of the advance deposit
amount, the COUNTY will provide an additional deposit within fourteen (14)
calendar days of notification from the Department or prior to posting of the
accepted bid, whichever is earlier, so that the total deposit is equal to the bid
amount plus allowances. The Department will notify the COUNTY as soon as it
becomes apparent the accepted bid amount plus allowances is in excess of the
advance deposit amount; however, failure of the Department to so notify the
COUNTY shall not relieve the COUNTY from its obligation to pay for its full
participation on final accounting as provided herein below. If the COUNTY
cannot provide the additional deposit within 14 days, a letter must be submitted to
and approved by the Department's project manager indicating when the deposit
will be made. The COUNTY understands the request and approval of the
additional time could delay the project, and additional costs may be incurred due
to a delay of the project.
(C) If the accepted bid amount plus allowances is less than the advance deposit
amount, the Department will refund the amount that the advance deposit exceeds
the bid amount plus allowances if such refund is requested by the COUNTY in
writing.
(D) Should project modifications occur that increase the COUNTY's share of total
project costs, the COUNTY will be notified by the District accordingly. The
COUNTY agrees to provide, without delay, in advance of the additional work
being performed, adequate funds to ensure that cash on deposit with the
Department is sufficient to fully fund its share of the project. The Department shall
notify the COUNTY as soon as it becomes apparent the actual costs will overrun
the award'amount; however,_failureF ofthe Departmetlt-tb So notify
shall not relieve the COUNTY from its obligation to pay for its full participation on
final accounting as provided herein below.
(E) The Department intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three -hundred
and sixty days of final payment to the Contractor. All project cost records and
accounts shall be subject to audit by a representative of the COUNTY for a
period of three (3) years after final close out of the project. The Participant will be
notified of the final cost. Both parties agree that in the event the final accounting
of total project costs pursuant to the terms of this agreement is less than the total
deposits to date, a refund of the excess will be made by the Department to the
COUNTY.
(F) In the event said final accounting of total project costs is greater than the total
deposits to date, the COUNTY will pay the additional amount within forty (40)
calendar days from the date of the invoice from the Department. The COUNTY
agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on
any invoice not paid within forty (40) calendar days until the invoice is paid.
(G) Type of Deposit:
The payment of funds under this Locally Funded Agreement will be made directly to the
Department for deposit and as provided in the attached MOA between COUNTY, Department
and the State of Florida, Department of Insurance, Division of Treasury.
(H) Contact Persons:
COUNTY:
Address: 1100 Simonton St. Rm. 231
Key West, FL 33040
Contact Person: David Koppel
Telephone # (305) 292-4560
Fax # (305) 292-4558
DEPARTMENT:
District Contact: David J. Mendez
Telephone #: (305)470-5207 suncom: 429-5207
Fax # (305)_470-5547 suncom: 429-5547
2. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and nothing herein shall be
construed to violate the provisions of Section 339.135 (6)(a), Florida Statutes, which provides:
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 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 funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of a contract for periods
exceeding one 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
$25,000 and which have a term for a period of more than one year.
3. The DEPARTMENT agrees to provide the COUNTY's Public Works Department
with draft and final copies of all work products for the Construction Phase of the PROJECT,
including, but not limited to, technical reports, studies, plans and specifications for the
COUNTY's review and records.
4• The community involvement and public information tasks shall be accomplished
by the COUNTY in conjunction with the DEPARTMENT.
5. In the event it becomes necessary for the DEPARTMENT to institute suit for the
enforcement of the provisions of this AGREEMENT, the COUNTY shall pay the
DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT prevails. In
the event the COUNTY prevails in said suit, the DEPARTMENT shall pay the COUNTY's
reasonable attorney fees and court costs.
6. To the extent permitted by law, the COUNTY agrees to indemnify the
DEPARTMENT and all of its officers, agents, or employees from all claims, demands, or
liability due to any act or omission, neglect or wrongdoing of the COUNTY or any of its officers,
agents, or employees, and the COUNTY agrees to defend the DEPARTMENT against any and
all such claims or demands which may be claimed and have arisen as a result of or in connection
with the COUNTY's participation in this Agreement. Nothing contained herein shall be
construed so as to contravene the provisions of Section 768.28• of the Florida Statutes, nor shall
this Article be construed to require the COUNTY to indemnify the DEPARTIVIENT's own
negligence.
7. To the extent permitted by law, the DEPARTMENT agrees to indemnify the
COUNTY and all of its officers, agents, or employees from all claims, demands, or liability due
to any act or omission, neglect or wrongdoing of the DEPARTMENT or any of its officers,
agents, or employees; and the DEPARTMENT agrees to defend the COUNTY against any and
all such claims or demands which may be claimed and have arisen as a result of or in connection
with the DEPARTMENT's participation in this Agreement. Nothing contained herein shall be
construed so as to contravene the provisions of Section 768.28 of the Florida Statutes, nor shall
this Article be construed to require the DEPARTMENT to indemnify the COUNTY for the
COUNTY's own negligence..
8• This Agreement shall be governed and construed in accordance with the laws of
the State of Florida
9. 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 the applicable law.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their duly authorized officers, and their official seals hereto affixed, the day and year first
above written.
MONROE COUNTY
Y.
TITLE: / �'1cglor /C4 a.1 'i-rn �
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ose Abre P.E.
TITLE: District Secretarv. D6
<W'1---
APPROVED AS
AND LEGAL S TO.FORM
FIc
R BERT F
)ATE Z'
APPROVED AS TO FORM
County Attorney
nor
TITLE:�r, ;» ,� 7� I've /;Tt 's /c t
APPROVED AS TO FORM
District General Counsel