HomeMy WebLinkAbout2006-148A.Contract No: ANX-78 02
Revised April
�20'), 2006 .
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" STREET, VERO BEACH, FLORIDA, 32960, hereinafter called
the COUNTY.
WITNESSETH
WHEREAS, on March 7, 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 04-217,
dated September 24, 2004 for Hurricane Jeanne and President Bush's subsequent Disaster
Declaration, dated September 26, 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 Jeanne 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. 2005-018 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 Damage 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 $3,469,128.50. Financial ID
41758327801 is increased by $472,758.78, Financial Project ID 41758337801 is
decreased by $545,448.23, Financial Project ID 41758337802 is decreased by
$466,439.05, Financial Project ID 41758337803 is decreased by $6009000.00,
Financial Project ID 41758337804 is decreased by 1,000,000.00, Financial Project
ID 41771717801 is decreased by $80,000.00, Financial Project ID 41758327805 is
decreased by $150,000.00 and Financial Project ID 41758337805 is decreased by
$1,100,000.00; 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 Jeanne; 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 7, 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.
ST. INDIAN RIVER CONTY STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
CHAIRPERSON
Arthur R. Neuberger
BCC Approved: May 2, 2006
ATTEST:
Clee Court r (S AL)
Approved as to form and legal sufficiency:
BY:
ROSIELYN QUIROZ
Director of Transportation Support
APPROVED: (As to Form)
BY:
District General Counsel
APPROVED:
BY:
Professional Services Administrator
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