Item C07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 20, 2006
Bulk Item: Yes X No
Division: Engineering
Department: Engineering
Staff Contact Person: David S. Koppel, PE
County Engineer
AGENDA ITEM WORDING: Approval to rescind Amendment 1 to Memorandum of Agreement
for $180,000 as approved on January 18, 2006 and enter into Amendment 1 to Joint Participation
Agreement with the Florida Department of Transportation for the amount of $26,697.94 for the
project described as CR5-A/Flagler Avenue in Key West.
ITEM BACKGROUND: The County and FDOT entered into a Joint Participation Agreement,
approved by the BOCC on March 19, 2003, for maintenance on Flagler Avenue, as one of six County
roads within the City of Key West. The project was let with all bids coming in above the FDOT
budgeted amount. The project was re-evaluated, and was $180,000 over the budget. The City and the
County entered into an Interlocal Agreement whereby the City was to provide the additional $180,000
to complete the project; however, FDOT has adjusted the final amount to $26,697.94.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the locally funded Joint
Participation Agreement on March 19, 2003, and verbally approved Amendment 1 to Memorandum of
Agreement between Monroe County and the Florida Department of Transportation at the March 17,
2004 meeting.
CONTRACT/AGREEMENT CHANGES: Revise locally funded Joint Participation Agreement per
Amendment 1 as described above.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $26,697.94 BUDGETED: Yes No X
COST TO COUNTY: none SOURCE OF FUNDS: Cily of Kew
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 8/06
C
UNTY joNROE
KEY WESTLORIDA 33040
(305)294-4641
Engineering Division
1100 Simonton St., Room 2-215
Key West, Florida 33040
305-295-4329
To: Dave Koppel
From: Judy Steele
Date: 8/31 /06
September Agenda — Flagler Ave. JPA
Re: amendment
This agenda item applies to the Flagler Avenue paving project. The County and FDOT
entered into a Joint Participation Agreement (BOCC approved on March 19, 2003) for
maintenance work on Flagler Avenue.
All of the bids came in over the FDOT budget, therefore the County and the City of Key
West entered into an interlocal agreement whereby the City would provide the additional
$180,000. This amendment 1 to Memorandum of Agreement was approved by the BOCC on.
January 18, 2006.
At the completion of the project, the additional funding needed was revised downward from
$180,000 to $26,697.94. This agenda item rescinds Amendment] to the Memorandum of
Agreement that provided the additional $180,000 and enters into an Amendment to the Joint
Participation Agreement for $26,697.94.
Re 7irds,
Z�L J%5.4
Judy Ste
Assistant County Engineer
M0NROI COIJN'l Y IIOARD O1'CO UNTY COMMISS10NFRS
('(.)N'1'RA("I' MODIFICATION SUMMARY
Contract with: FDOT Contract 0 J1251457-2 Locally Funded
-
1"If ective Date: Upon l: XeClttlOtl
Fxpiration Date: Within 3165 clays of filial
Contractor payment
Contract Purpose/Description: Approval to rescind Amendment -
pp acnt I to Memorandum of,
Agreement for $180,000 as approved on January 18, 2006 and enter into Amendment I to Joint
Participation Agreement with the Florida Department of h-ansportation for the amount of
`26,697.94 fir the project described as CR_5-A/11agler AVe1luC in Key West.
Contract Manager: David S. Koppcl, 4426 Ingincering/ ttl
PF
..............
(Name) (Fxt.) (Department/Stop I'f)
for BOCC meeting on 08/ 16/00 Agenda Deadline: 08/01 /06
CON'1'RAC"I" C'OS'I'S/IZ VFNtJf S
Focal Dollar Valuc of Contract $ $26,697.94 Current Year Portion.-
Budocted7 YcSD No P Account Codes: Funding to be reimbursed by City of Key West
Grant: S
County Match: $
ADDITIONAL COSTS
I stlntated Ongoing Costs: ` /yr For:
(Not included in dollar value aIbOVC) (eg. mamtenarice, utilities, janitorial, Salaries, etc.)
Date In
DIvlSlon Director r"(;
Risk Management
0.M,11.1/1)LlR'11f115 ng
County AttorlICN
I Conuncnts:
RBI I> I "I'll ..-, ,,I IN IN F
CONTRACTREVIEW
C'It��ngcs Date Out
Nees 'd Revicwct
7�
y es�] No V� YJ �
YcSH NoU �< .
Yes
YcsF] No
NiE N/I01ZAN1)UIVI
TO: Tom Willi
County Administrator
FROM: David S. Koppel
County Engineer j
DATE': July 18, 2006
RI Temporary Delegation of Authority
1 will be on vacation July 21 ", 2006 through August 4"', 2006. During this time Judith R.
Steele, Assistant County E nginecr will have full authority to act on my behalf, including
approval of all fiscal documents for items relating to l ngincerIng.
DSK/jl
SignatureAuthoriz�ttionCoE?ng.
Cc: County COmI11ISsioners
County Attorney
Clerk of Courts
Division Directors
Payroll Department.
Finance Department
BETWEEN THE STATE OF i• Dx DEPARTMENT OF ■ x ■ice + i"
AND i. •i COII
-ILI
,11 1 111 Pill I 1 11 1 1011111511 1511 111
This Amendment One to that certain Locally Funded Joint Participation Agreement, executed on March) 19, 2003
(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"), for the resurfacing of Flagler Avenue in Key West City, from Bertha Street to South Roosevelt
Boulevard, programmed under Financial Project Number 251457-2-52-01 ("PROJECT"), is entered into this day of
, 2006.
RECITALS:
WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of
the COUNTY in the total amount of One Million Two Hundred Twenty Thousand Dollars ($1,220,000-00) for the
construction of the PROJECT; and
WHEREAS, final PROJECT costs have been determined and it is necessary to increase the total Contract
amount by Twenty -Six Thousand Six Hundred Ninety -Seven Dollars and Ninety -Four Cents ($26,697.94) to provide
additional dollars needed to fully fund the COUNTY's share of PROJECT costs; and
WHEREAS, the COUNTY approves the increase in the total Contract amount from $1,220,000.00 to
$1,246,697.94;
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated March 19, 2003, is hereby amended as follows:
Section 1 shall be increased by an amount not to exceed Twenty -Six Thousand Six Hundred Ninety -
Seven Dollars and Ninety -Four Cents ($26,697.94) to the new sum of One Million Two Hundred Forty -Six
Thousand Six Hundred Ninety -Seven Dollars and Ninety -Four Cents ($1,246,697.94).
All other terms and conditions of the Contract are in effect and remain unchanged.
MONROE COUNTY: STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION:
By' -- By
COUNTY Mayor District Secretary
ATTEST: ATTEST:
(SEAL) (SEAL)
BY _ __- By
COUNTY Clerk Executive Secretary
LEGAL REVIEW: LEGAL REVIEW:
By fay
COON I Y Att �'G JT!Tr TORNEr
`
Dlsuu;t Generlll Counsel
Ptl ,io , t"0, FOFIM:
;l ilF Vt i i SEL
Am mr 1i i(,irt ( ),u: to I ()"ally r I mlod I "n l t,V(�(�[) 1 loi (c,l D11 1)mtnvlaI! o! I r.uispolt l'. om C"olmity, i n mwi;d Pioj( c, ![ �`� 1 1517 " 01
1':?,l, � i of 1
ter'-----
AMENDMElNT 1
H
MOA -- Dated April 16, 2003
(Locally Funded Joint Participation Agreement - Datcd March 19, 2003
Financial Project Number: 251457-2
County: Monroe
Whereas, Monroe County and the Florida Department of Transportation verbally
approved Amendment 1 to MOA dated April 16, 2003, at the March 17, 2004 Board of
County Commissioners meeting, and the Amendment needs to he fully executed by hoth
parties to be finalized.
"Phis Amendment supplements Will 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 AREASURY
PARTICIPANT SIGN.. l URE
Mayor Ch<�rtes "Sonny" "1cCoy
PARTICIPANT NAME & TITLE
530 Whitehead Street
Kev West PL 3 3040
PARTICIPANT ADDRESS
FEDERAL EMPLOYER L.D. NUMBER
y, . ,.Y,7.
y .a
/ 6TC4 4i9,-'-r [ _-
THIS AGREEMENT, made and entered into this day of A&,
2003, by and between the State of Florida, Department of Transportation, hereinafter
referred to as TDOT and the State of Florida, Department of Financial Services, Division
of Treasury and MONROE COUNTY hereinafter referred to as the "Participants.
WITNESSETH
WHEREAS, "FDOT' is currently constructing the following project:
Financial Project Number: 251457-2
County: Monroe
hereinafter referred to as the "Project". CD
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
C
Office of Comptroller
3717 Apalachee Parkway, Suite B
Mail Station 24
Tallahassee, Florida 32311
=r
ATTN: LFA Section
>
CD
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
A rTr-ST"DANNYL ['n[HAGS CLERK
APPROVED AS TO FORM
AND LEG NCY
B E oLFe
, TE _ _ ✓
A __
LJ-vt
U
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF ��2EASURY
A 7
PARTICIPANT SIGNATURE 3 -
91 i".9 —5 wt a U. 11 ri I �'A 1�110 M
J-0
PARTICIPANT ADDRESS
FEDERAL EMPLOYER I.D. NUMBER
-TI
COUNTY SO�MONROE
KEY WEST FI-ORIDA 33W
(305)294-4641
County Administrator
1100 Simonton Street
Key West, Florida 33040
305/292-4443 (phone)
305/292-4544 (fax)
Mr. Julio Avael
City Manager
City of Key West
P. O. Box 1409
Key West, FL 33041
Dear Julio:
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District I
A&— Mayor ProTern Murray E. Nelson, District 5
Charles "Sonny" McCoy, District 3
George Neugent, District 2
TORE Milk,% David P. Rice, District 4
As you know, there are seven County roads in the City of Key West totaling 19.07 lane miles.
Since October of 1997, the County and the City have been discussing the transfer of these roads to
the City. Each of these roads has drainage systems in place and is In good condition. Flagler Avenue
is being scheduled for construction, and Palm Avenue, which was recently upgraded and improved for
nearly 1 million dollars, is the subject of an agreement between the City and the County wherein the
City agreed perpetually to maintain landscaping along Palm Avenue from Garrison Bight Bridge to
White Street.
On March 19, 2003, the Board of County Commissioners approved a Joint Participation
Agreement with the Florida Department of Transportation for over 1.2 million dollars in improvements
to Flagler Avenue. As part of this approval, the Board directed staff to contact you to agenda this
matter before the City Commission, in hopes of coming to an agreement concerning the transfer of
County roads in the City to the City.
Accordingly, please place an item on the next available City Commission agenda for the
appropriate County staff to discuss this matter with the City Commission.
Sincerely,
James L. Roberts
County Administrator
JLR/CDP/bpl
cc: Board of County Commissioners
Danny L. Kolhage
David S. Koppel
Dent Pierce
CJ•/Jh/-er/jam
March 19, 2003
t,AR 2 5 2003
Mayor Dixie Spehar
Monroe County
500 Whitehead Street
Key West, F1 33040
Dear Mayor Spehar:
Re: FM 2514571 — Flagler Avenue from Bertha St. to S. Roosevelt Blvd.- Landscaping.
FM 2514572-Flagler Avenue from Bertha St. to S. Roosevelt Blvd.- Resurfacing
As requested in David Koppel's Ietter of July 5, 2002 to the Department, we have
completed the design for the above referenced projects. The construction plans will be
sent to Tallahassee for a June 18, 2003 Ietting date. Before we can send the contract
package for Federal Highways authorization on March 27, 2003, we will need Monroe
County to approve the Joint Project Agreement (JPA) and submit a check to the
Comptrollers office for $1,295,000.
The Department appreciates the opportunity to provide these desired projects to the
public. Your prompt attention to the above items will help us expedite the letting
process.
Sin yours,
Teresa Alvarez, P.E_
District Consultant Management Engineer
Cc: Board of County Commission
John Martinez
David Mendez
David Koppel
FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED
JOINT PARTICIPATION AGREEI" TLNT
'PHIS AGREEMENT, made and entered into this / 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
WLIEREAS, 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-
01, hereinafter referred to as the "PROJECT"; and
WHERMS, 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 PROTECT; 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 S1,220,000.00 for the Construction of the PROJECT.
NOW, 'THEREFORE, in further consideration of the mutual covenants hereinafter
contained, the parties agree as follows:
1 (A_) The COUNT"Yagrees 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 frill 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.
J3) 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 tl_ie 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; howevez-, failure of the Departmennt 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, 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.
(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 ie additional amount within forty (40)
s greater than the total
deposits to date, the COUNTY will pay the
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 fiends 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.
(11) Contact Persons:
COUNTY:
Address: 1100 Simonton St. Rin. 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 su.ncom: 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 fiseaI 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 F)I A, Iv1LNT.
5. In the oVent it becomes necessary for the I)EPARTMLNT to institute st.n't for to e
enforcement of the provisions of this AGREEMENT, the COUNTY shall pay the
I)FPAI "TMI-NT's reasonable attorney fees and court costs if the DE'PAR"I NI NT 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 DEPARTMENT'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
r
BY:
f "
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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7'ITI:1 : —District SCCetarV D6
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t',A� 5�...b5�,NNY LJOLM�
TfTf E:
APPROVED AS TO FORM
County Attorney
ATTEST:
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TITLE:.. 1 /7 "-'S -iZl- /" Z-/—
APPROV17D AS TO FORM
District General Counsel