HomeMy WebLinkAbout2006-148Contract No: ANW-7�J60
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
AMENDMENT NO. ONE
THIS AMENDMENT made and entered into this day of
2006, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, with offices at 3400 West Commercial Blvd., Fort Lauderdale,
Florida, hereinafter referred to as the DEPARTMENT, and INDIAN RIVER COUNTY, State of
Florida, located at 1840 25`h STREET, VERO BEACH, FLORIDA, 32960, hereinafter called
the COUNTY.
WITNESSETH
WHEREAS, on March 4, 2005, the parties entered into a JOINT PARTICIPATION
AGREEMENT, hereinafter referred to as AGREEMENT, wherein the DEPARTMENT allocated
funds towards the repair of County Roads in accordance with the Executive Order 04-192,
dated September 1, 2004 for Hurricane Frances and President Bush's subsequent Disaster
Declaration, dated September 6, 2004, under the Robert T. Stafford Disaster Emergency
Act, to provide for the reimbursement of FHWA eligible costs of Financial Project
Number(s) listed in Exhibit "B" of the original AGREEMENT. All FHWA non -participating
costs shall be borne by the County; and,
WHEREAS, the repairs of these FHWA functionally classified county road(s) damaged by
Hurricane Frances are in the interest of both the DEPARTMENT and the COUNTY and it would
be more practical, expeditious and economical for the COUNTY to perform such activities; and
WHEREAS, the COUNTY by Resolution No. 2005-017 adopted on February 15. 2005 a copy of
which was attached to the original AGREEMENT, authorizes the proper officials to enter into the
subject AGREEMENT; and
WHEREAS,
the parties further
desire to
amend the AGREEMENT for the purpose of
redistribution
and or decreasing
funding to
the Detail
the
AGREEMENT as follows:
Damaqe
Inspection
Reports
(DDIRs)
addressed in
the original AGREEMENT.
NOW,
THEREFORE, in
consideration of
the
mutual covenants, promises, and representations
herein,
the parties agree
to further amend
the
AGREEMENT as follows:
The recitals set forth above are true and correct and are deemed incorporated
herein.
2. Exhibit "B" of the Original Agreement shall be amended with Exhibit "B" of this
Amendment No. 1, which is attached hereto and made part hereof.
3. By this Amendment the contract total is decreased by $1,500,000.00. Financial
Project ID 41728637803 is decreased by $500,000.00, Financial Project ID
41728637804 is decreased by $500,000.00 and Financial ID 41728637807 is
decreased by $500,000.00; in accordance with Exhibit "B" attached hereto.
4. It was the intent of the original agreement to pay for costs related to response and
recovery of Hurricane Frances; therefore eligible costs incurred prior to the
execution of the agreement are reimbursable.
All provisions, covenants, terms and conditions of the AGREEMENT between the parties
theretofore entered into of March 4, 2005, as originally set forth therein, which are not hereby
expressly amended or modified and not in conflict with the terms hereof, are hereby ratified
and confirmed and shall remain the same and be unaffected by these presents.
IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the
purposes specified herein. The effective date of the AMENDMENT shall be the execution date
of this agreement.
INDIAN RIVER COUNTY STATE OF FLORIDA
BY:
CHAIRPERSO
Arthur R. Neuberger
BCC Approved: May 2, 2006
ATTEST:
Clerk of fi&99urt SEA �C
legal sufficiency
Approved as to form and serresNaess:
DEPARTMENT OF TRANSPORTATION
BY:
ROSIELYN QUIROZ
Director of Transportation Support
APPROVED: (As to Form)
BY:
District General Counsel
APPROVED:
BY:
Professional Services Administrator
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