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Resolution 230-2021 RESOLUTION NO. 230 -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 I I.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 June 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 (I) 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: 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 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 71st day of July . A.D_ 2021. Mayor Michelle Coldiron Yes Mayor Pro Tem David Rice Yes Commissioner Craig Cates Yes Commissioner Eddie Martinez Yes ��. Commissioner Mike Forster Yes (SEAL) BOARDO OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY, FLORIDA By K7"'n/-'-r^^^'�"" v BycitLi ,,��1�/J \�fl.� As Deputy Clerk Mayor/Chairperson OP PY n brflM n n cxPSTmmT CT ROWY n55MCWWYATTMNEYDAE ' 21 (d V J _ V ;Cr{ O 'n 'I v ` r 7 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 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 Pagel of 1