2008-R-01
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RESOLUTION NO. 2008-R-Ol
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT (CONTRACT NUMBER
AOZ27) BETWEEN THE CITY OF EDGEW A TER AND
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE MAINTENANCE OF STATE ROAD RIGHT-OF-
WAYS BY THE CITY; AUTHORIZE TRANSMITTAL
TO FDOT; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has made the following determinations:
WHEREAS, the City of Edgewater desires to continue ongoing maintenance services
relating to State road right-of-ways with the Florida Department of Transportation (FDOT).
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
The City Council hereby authorizes the Mayor to execute the Highway
Maintenance Memorandum of Agreement (Contract Number AOZ27) between the City of
Edgewater and Florida Department of Transportation (FDOT) which authorizes maintenance of
State road right-of-ways.
Section 2.
A copy of said Agreement is attached hereto and incorporated herein as
Exhibit "A".
Section 3.
The City Council hereby authorizes the City Clerk to transmit a certified copy
of this Resolution and the executed Agreement to the Florida Department of Transportation.
Section 4.
All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 5.
This resolution shall take effect upon adoption.
2008-R-Ol
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After Motion by Councilwoman Bennington and Second by Councilwoman Rogers, the vote
on this resolution was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
AYE
NAY
x
x
x
x
x
PASSED AND DULY ADOPTED this 28th day of January, 2008.
ATTEST:
~~~
Lisa A. Bloomer
Interim City Clerk
, '
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
2008-R-Ol
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 28th day
of January, 2008 under Agenda Item No. 7C.
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THE CITY EDGEW ATER
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AOZ27
THIS Agreement, entered into this d 8'i-hday J (l h u.a ~
r-
, 200Xby and between
the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the DEPARTMENT and the CITY OF EDGEW A TER,
State of Florida, existing under the Laws of Florida, hereinafter called the CITY
WITNESSETH
WHEREAS, as a part of the continual updating of the State of Florida Highway
System, the DEPARTMENT, for the purpose of safety, has created roadway, roadside areas and
median strips on that part of the State Highway System within the limits ofthe CITY or adjacent
to; and
WHEREAS, the CITY hereto is of the opinion that said roadway, roadside areas
and median strips shall be attractively maintained;
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the CITY, by Resolution ;)00 ~- f'-- 0 J dated the ~ ?~
day of jo.. V\u l1 ~, 20o@ attached hereto as EXHIBIT" A", which by reference hereto
shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do
so.
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 1 of 11
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NOW, THEREFORE, for and in consideration of the mutual benefits to flow each
to the other, the parties covenant and agree as follows:
1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped
and/or turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit
"B", or subsequent amended limits mutually agreed to in writing by both parties. For the
purpose of this Agreement, the maintenance to be provided by the CITY is defined in EXHIBIT
"C", or as defined by subsequent amended definitions agreed in writing by both parties.
2. In the event of a natural disaster (i.e. hurricane, tornado, etc.) or other normal
occurrences such as vehicle accidents and hazardous waster spills, the City and the Department
will cooperate and coordinate the use of the their respective resources to provide for the clean up,
removal and disposal of debris or other substances from the Department's right of way
(described in Exhibit "B" or subsequently amended limits mutually agreed to in writing by the
parties hereto). The Department shall not deduct from the payment to the City, costs for
impairment of performance of any activity or part thereof defined in Exhibit "C", as a result of
such event and the redirection of City forces towards fulfillment of the responsibility under this
article. This paragraph shall not be interpreted to reduce the City's right to compensation or
reimbursement from any other sources (i.e., FEMA) for the debris removal or other activities of
the City subsequent to a natural disaster or accident.
3. To the extent permitted by Florida law the CITY agrees that it will indemnify and
hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and
employees from any claim, loss, damage, cost, charge or expense arising out of any act, action,
neglect or omission by the CITY during the performance of this Agreement, whether direct or
indirect, and whether to any person or property to which the DEP AR TMENT or said parties may
be subject, except that neither the CITY nor any of its subcontractors will be liable under this
section for damages arising out of injury or damage to persons or property directly caused or
resulting from the negligence of the DEPARTMENT or any of its officers, agents, or
employees. The Forgoing Provision is not intended to give rise to Rights in any third party to
recover damages from the CITY, nor is it intention to constitute a waiver of sovereign immunity.
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 2 of II
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4. If, at any time while the terms of this Agreement are in effect, it shall come to the
attention of the DEPARTMENT's District Director of Transportation Operations, District 5,
that the CITY responsibility as established herein or a part thereof is not being properly
accomplished pursuant to the terms of this Agreement, said Director of Transportation
Operations, District 5, may, at his option, issue a written notice in care of the Leisure Services
Director to place said CITY on notice thereof. Thereafter the CITY shall have a period of (30)
thirty calendar days within which to correct the cited deficiency or deficiencies. If said
deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at
its option, proceed as follows:
(A) Maintain the roadway shoulders, median strip or roadside area declared
deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The
actual cost for such work will be deducted from payment to the CITY or
(B) Terminate this Agreement in accordance with Paragraph 11 of this
Agreement.
5. During the term of this Agreement, the DEPARTMENT may from time to time
engage in transportation projects on the roads covered by this agreement. Some of those projects
may involve the DEPARTMENT's construction contractor temporarily assuming maintenance
responsibility for the limits of the project. In that event, the Department will notify the Local
Government of the limits of the project and the time frame for the project. During that time and
for those limits, the Local Government will be released from its obligation to perform
maintenance on those roads and the compensation to be paid under this agreement will be
temporarily reduced. The reduction in compensation shall be based on the formula used to
initially compute the amount of compensation under this agreement and the Local Government
will be notified of the amount of the reduction as part of the above-referenced notice.
6. The Department agrees to pay to the CITY, following a Notice to Proceed,
compensation for the cost of maintenance as described under Item 1 of this Agreement. The
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 3 of II
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payment will be in the amount of $9,286.25 per quarter or a total sum of $37,145.00 per year. In
the event this Agreement is terminated as established by Paragraph 11 herein, payment shall be
prorated to the date termination occurs. Detailed quarterly invoices, as provided further herein
shall be sent to the Maintenance Contract Engineer of the Department at 1650 N. KEPLER RD.,
DELAND, FLORIDA 32724. Delivery shall be effective upon receipt of a proper quarterly
invoice and any required, associated documents.
7. Payment shall be made only after receipt of goods and services as provided in Section
215.422, Florida Statutes.
(A) Any penalty for delay in payment shall be in accordance with Section
215.422(3) (b), Florida Statutes. Section 215.422(5), Florida Statutes provides that all
purchasing agreements between a state agency and a vendor, applicable to this section, shall
include a statement of the vendor's rights and the state's responsibilities under this section. The
vendor's rights shall include being provided with the name and telephone number of the Vendor
Ombudsman within the Department of Financial Services.
(B) The CITY should be aware of the following time frames. Upon receipt, the
Department has seven working days to inspect and approve the goods and services, unless
otherwise specified herein. The Department has 20 days to deliver a request for payment
(voucher) to the Department of Finance. The 20 days are measured from the latter of the date the
invoice is received, at the location stated herein, or the goods or services are received, inspected
and approved.
(C) Ifpayment is not available within 40 days, a separate interest penalty as
established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to
the invoice amount, to the CITY. Interest penalties ofless than one ($1.00) dollar shall not be
enforced unless the CITY requests payment. Invoices, which have to be returned to the CITY
because of CITY preparation errors, will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the Department.
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 4 of I I
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(D) A Vendor Ombudsman has been established within the Department of
Financial Services. The duties of this individual include acting as an advocate for vendors who
may be experiencing problems in obtaining timely payment(s) from the Department. The
Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptrollers
Hotline, 1-800-848-3792.
8. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
9. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and for
three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred include the CITY's general
accounting records and the project records, together with supporting documents and records of
the CITY and all subcontractors performing work, and all other records of the CITY and
subcontractors considered necessary by the Department for a proper audit of costs.
10. The CITY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
CITY in conjunction with this Agreement. Failure by the CITY to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the Department.
11. This Agreement or any part thereof is subject to termination under anyone of the
following conditions:
(A) In the event the DEPARTMENT exercises the option identified by
Paragraph 4 of this Agreement.
(B) In the event the Legislature fails to make an annual appropriation to pay
for the CITY's services to be performed hereunder.
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 5 of II
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12. The term of this Agreement commences on the date a written Notice to Proceed is
issued to the CITY by the Department's District Maintenance Engineer, District 5, and shall
continue for a period of three (3) years from the date of issue of said Notice to Proceed.
This Agreement may be renewed for a period that may not exceed one three (3) year
term. Renewal shall be contingent upon satisfactory perfonnance evaluations by the Depmtment
and subject to the availability of funds. Any renewal or extension shall be in writing and shall be
subject to the same terms and conditions set forth in this Agreement, except that the price to be
paid for the renewal period may be increased by up to seven and one half (7.5) percent at the
discretion of the DEPARTMENT.
Renewal shall be made at the discretion and option of the Department and agreed to in
writing by both parties; i.e., the Authorized Signatory for the CITY, and the Director of
Transportation Operations, District 5, for the DEPARTMENT. Renewals shall be contingent
upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability
of funds.
The term of this Agreement may be extended for a period not to exceed six (6) months,
upon written Agreement by both parties and subject to the same terms and conditions as
applicable for renewal of this Agreement.
13. In the event this Agreement extends beyond the DEPARTMENT'S current Fiscal
Year that begins on July 1 of each year and ends on June 30 of each succeeding year, the CITY
and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to
pay under this Contract is contingent upon an annual appropriation by the Legislature. In
addition, Section 339. 135(6)(a) of the Florida Statutes is incorporated by reference, and set forth
herein below as follows:
F.S. "339.135(6)(a)" - 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
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 6 of II
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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 Contracts for periods exceeding one (1)
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 having a term for a period of
more than one (1) year.
14. All work done on the DEPARTMENT rights-of-way shall be accomplished in
accordance with the Department of Transportation Manual on Uniform Traffic Control Devices and
The Department of Transportation DESIGN STANDARDS, current edition.
15. This writing embodies the whole agreement and under-standing of the parties. There
are no promises, terms, conditions, or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations, or agreements either
verbal or written, between the parties hereto.
16. This Agreement is nontransferable and nonassignable in whole or in part without
consent of the DEPARTMENT.
17. This Agreement shall be governed by and construed according to the laws of the
State of Florida.
18. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide
any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public work, may not submit
bids, proposals, or replies on leases of real property to any public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)
months following the date of being placed on the convicted vendor list.
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 7 of 11
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EXHIBIT" A"
RESOLUTION
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 8 of II
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EXHIBIT "B"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
Section SR Location Description
79010 5 From Edgewater South City limits (Ariel Road) MP
8.824 to 10th Street MP 16.636
79210 442 From SR 9 (1-95) MP 0.375 to SR 5 (US 1) MP 3.972
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 9 of II
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EXHIBIT "C"
CITY OF EDGEWATER
Work Act. Description
471 Large Machine Mowing
482 Slope Mowing
485 Small Machine Mowing
492 Tree Trimming and Removal
541 Roadside Litter Removal
545 Edging and Sweeping
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 10 of II
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
. \-28-06
(Date)
By:
Director of Transportation Operations
(Date)
District Five
(Date)
. >12. ,,(~ I 'd-8-'~
Attest: (J..:>J'.rGk. i'?).l~b~SEAL) Attest:
(SEAL)
. (Date)
Executive Secretary
(Date)
LEGAL REVIEW
LEGAL REVIEW
~)}J!N~ ,J&g~
Legal ~~o~ P"\. (D~
1)Dl~~
District Counsel
(Date)
Dis~J1tenance Engineer Approval
I~ jl f, r{l)7
(Date)
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 11 of11
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
1650 N. Kepler Road
DeLand, Florida 32724
Phone (386) 740-3400 Fax (386) 736-5469
March 24, 2008
Mr. Jack Corder
Director
City of Edgewater
P. O. Box 100
Edgewater, Florida 32132
Re: Notice To Proceed
Memorandum of Agreement
Contract No. AOZ27
State Job No. 244621-1-72-06
Dear Mr. Corder:
STEPHANIE C. KOPELOUSOS
SECRETARY
RECEIVED
MAR 2
7 2008
CITYMAAT
!VAGER
This is to notify you that Contract AOZ27-RO for City of Edgewater Memorandum of
Agreement was executed on March 17,2008. You are hereby issued this Notice to Proceed
effective, March 25, 2008, this is your authorization to proceed with wor nder this contract.
Should you have any questions, please contact Jim Read at (386) 740-3
Ric Snow
M ntenance Administrator
Enclosures: afs
cc: File
RS/hm
www.dot.state.fl.us
www.dot.state.fl.us
THE CITY OF EDGEWATER
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AOZ27
THIS Agreement, entered into this lln' day ~.\!
, 2008 by and between
the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the DEPARTMENT and the CITY of EDGE WATER
State of Florida, existing under the Laws of Florida, hereinafter called the CITY
WITNESSETH
WHEREAS, as a part of the continual updating of the State of Florida Highway
System, the DEP AR TMENT, for the purpose of safety, has created roadway, roadside areas and
median strips on that part of the State Highway System within the limits of the CITY or adjacent
to; and
WHEREAS, the CITY hereto is of the opinion that said roadway, roadside areas
and median strips shall be attractively maintained; .
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the CITY, by Resolution '2-00&rz-Oldated the 2 f3
day of JAfJu~il-V ,2008 attached hereto as EXHIBIT"A", which by reference hereto
shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do
so.
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO:AOZ27
Page 1 of 12
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each
to the other, the parties covenant and agree as follows:
1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped
and/or turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit
"B", or subsequent amended limits mutually agreed to in writing by both parties. For the
purpose of this Agreement, the maintenance to be provided by the CITY is defined in EXHIBIT
"C", or as defined by subsequent amended definitions agreed in writing by both parties.
2. In the event of a natural disaster (i.e. hurricane, tornado, etc.) or other normal
occurrences such as vehicle accidents and hazardous waster spills, the City and the Department
will cooperate and coordinate the use of the their respective resources to provide for the clean up,
removal and disposal of debris or other substances from the Department's right of way
(described in Exhibit "B" or subsequently amended limits mutually agreed to in writing by the
parties hereto). The Department shall not deduct from the payment to the City, costs for
impairment of performance of any activity or part thereof defined in Exhibit "C", as a result of
such event and the redirection of City forces towards fulfillment of the responsibility under this
article. This paragraph shall not be interpreted to reduce the City's right to compensation or
reimbursement from any other sources (i.e., FEMA) for the debris removal or other activities of
. the City subsequent to a natural disaster or accident.
3. To the extent permitted by Florida law the CITY agrees that it will indemnify and
hold harmless the DEPARTMENT and all ofthe DEPARTMENT'S officers, agents, and
employees from any claim, loss, damage, cost, charge or expense arising out of any act, action,
neglect or omission by the CITY during the performance of this Agreement, whether direct or
indirect, and whether to any person or property to which the DEP AR TMENT or said parties may
be subject, except that neither the CITY nor any of its subcontractors will be liable under this
section for damages arising out of injury or damage to persons or property directly caused or
resulting from the negligence of the DEPARTMENT or any of its officers, agents, or
employees. The Forgoing Provision is not intended to give rise to Rights in any third party to
recover damages from the CITY, nor is it intention to constitute a waiver of sovereign immunity.
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 2 of 11
4. If, at any time while the terms of this Agreement are in effect, it shall come to the
attention of the DEPARTMENT's District Director of Transportation Operations, District 5,
that the CITY responsibility as established herein or a part thereof is not being properly
accomplished pursuant to the terms of this Agreement, said Director of Transportation
Operations, District 5, may, at his option, issue a written notice in care of the Leisure Services
Director to place said CITY on notice thereof. Thereafter the CITY shall have a period of (30)
thirty calendar days within which to correct the cited deficiency or deficiencies. If said
deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at
its option, proceed as follows:
(A) Maintain the roadway shoulders, median strip or roadside area declared
deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The
actual cost for such work will be deducted from payment to the CITY or
(B) Terminate this Agreement in accordance with Paragraph 11 of this
Agreement.
5. During the term of this Agreement, the DEPARTMENT may from time to time
engage in transportation projects on the roads covered by this agreement. Some of those projects
may involve the DEPARTMENT's construction contractor temporarily assuming maintenance
responsibility for the limits ofthe project. In that event, the Department will notify the Local
Government of the limits ofthe project and the time frame for the project. During that time and
for those limits, the Local Government will be released from its obligation to perform
maintenance on those roads and the compensation to be paid under this agreement will be
temQorarily reduced. The reduction in compensation shall be based on the formula used to
initially compute the amount of compensation under this agreement and the Local Government
will be notified of the amount of the reduction as part of the above-referenced notice.
6. The Department agrees to pay to the CITY, following a Notice to Proceed,
compensation for the cost of maintenance as described under Item 1 of this Agreement. The
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Pagd of 11 .
payment will be in the amount of$9,286.25 per quarter or a total sum of $37,145.00 per year. In
the event this Agreement is terminated as established by Paragraph 11 herein, payment shall be
prorated to the date termination occurs. Detailed quarterly invoices, as provided further herein
shall be sent to the Maintenance Contract Engineer of the Department at 1650 N. KEPLER RD.,
DELAND, FLORIDA 32724. Delivery shall be effective upon receipt of a proper quarterly
invoice and any required, associated documents.
7. Payment shall be made only after receipt of goods and services as provided in Section
215.422, Florida Statutes.
(A) Any penalty for delay in payment shall be in accordance with Section
215.422(3) (b), Florida Statutes. Section 215.422(5), Florida Statutes provides that all
purchasing agreements between a state agency and a vendor, applicable to this section, shall
include a statement of the vendor's rights and the state's responsibilities under this section. The
vendor's rights shall include being provided with the name and telephone number of the Vendor
Ombudsman within the Department of Financial Services.
(B) The CITY should be aware of the following time frames. Upon receipt, the
Department has seven working days to inspect and approve the goods and services, unless
otherwise specified herein. The Department has 20 days to deliver a request for payment
(voucher) to the Department of Finance. The 20 days are measured from the latter ofthe date the
invoice is received, at the location stated herein, or the goods or services are received, inspected
and approved.
(C) Ifpayment is not available within 40 days, a separate interest penalty as
established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to
the invoice amount, to the CITY. Interest penalties ofless than one ($1.00) dollar shall not be
enforced unless the CITY requests payment. Invoices, which have to be returned to the CITY
because of CITY preparation errors, will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the Department.
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 4 of 11
(D) A Vendor Ombudsman has been established within the Department of
Financial Services. The duties ofthis individual include acting as an advocate for vendors who
may be experiencing problems in obtaining timely payment(s) from the Department. The
Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptrollers
Hotline, 1-800-848-3792.
8. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
9. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and for
three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred include the CITY's general
accounting records and the project records, together with supporting documents and records of
the CITY and all subcontractors performing work, and all other records of the CITY and
subcontractors considered necessary by the Department for a proper audit of costs.
10. The CITY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
CITY in conjunction with this Agreement. Failure by the CITY to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the Department.
11. This Agreement or any part thereof is subject to termination under anyone ofthe
following conditions:
(A) In the event the DEPARTMENT exercises the option identified by
Paragraph 4 of this Agreement.
(B) In the event the Legislature fails to make an annual appropriation to pay
for the CITY's services to be performed hereunder.
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 5 of 11
12. The term ofthis Agreement commences on the date a written Notice to Proceed is
issued to the CITY by the Department's District Maintenance Engineer, District 5, and shall
continue for a period of three (3) years from the date of issue of said Notice to Proceed.
This Agreement may be renewed for a period that may not exceed one three (3) year
tenn. Renewal shall be contingent upon satisfactory performance evaluations by the Department
and subject to the availability of funds. Any renewal or extension shall be in writing and shall be
subject to the same tenns and conditions set forth in this Agreement, except that the price to be
paid for the renewal period may be increased by up to seven and one half (7.5) percent at the
discretion of the DEPARTMENT.
Renewal shall be made at the discretion and option of the Department and agreed to in
writing by both parties; i.e., the Authorized Signatory for the CITY, and the Director of
Transportation Operations, District 5, for the DEPARTMENT. Renewals shall be contingent
upon satisfactory performance evaluations by the DEP AR TMENT and subject to the availability
of funds.
The term of this Agreement may be extended for a period not to exceed six (6) months,
upon written Agreement by both parties and subject to the same terms and conditions as
applicable for renewal of this Agreement.
13. In the event this Agreement extends beyond the DEPARTMENT'S current Fiscal
Year that begins on July 1 of each year and ends on June 30 of each succeeding year, the CITY
and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to
pay under this Contract is contingent upon an annual appropriation by the Legislature. In
addition, Section 339. 135(6)(a) ofthe Florida Statutes is incorporated by reference, and set forth
herein below as follows:
F.S. "339.135(6)(a)" - 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
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 6 of 11
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 Contracts for periods exceeding one (1)
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 having a term for a period of
more than one (1) year.
14. All work done on the DEPARTMENT rights-of-way shall be accomplished in
accordance with the Department of Transportation Manual on Uniform Traffic Control Devices and
The Department of Transportation DESIGN STANDARDS, current edition.
15. This writing embodies the whole agreement and under-standing of the parties. There
are no promises, terms, conditions, or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations, or agreements either
verbal or written, between the parties hereto.
16. This Agreement is nontransferable and nonassignable in whole or in part without
consent ofthe DEPARTMENT.
17. This Agreement shall be governed by and construed according to the laws of the
State of Florida.
18. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide
any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public work, may not submit
bids, proposals, or replies on leases of real property to any public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)
months following the date of being placed on the convicted vendor list.
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 7 of 11
EXHIBIT" A"
RESOLUTION
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 8 of 11
~.:
.
.'
RESOLUTION NO. 2008-R-Ol
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT (CONTRACT NUMBER
AOZ27) BETWEEN THE CITY OF EDGEW A TER AND
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE MAINTENANCE OF STATE ROAD RIGHT-OF-
WAYS BY THE CITY; AUTHORIZE TRANSMITTAL
TO FDOT; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has made the following determinations:
WHEREAS, the City of Edgewater desires to continue ongoing maintenance services
relating to State road right-of-ways with the Florida Department of Transportation (FOOT).
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
The City Council hereby authorizes the Mayor to execute the Highway
Maintenance Memorandum of Agreement (Contract Number AOZ27) between the City of
Edgewater and Florida Department of Transportation (FOOT) which authorizes maintenance of
State road right-of-ways.
Section 2.
A copy of said Agreement is attached hereto and incorporated herein as
Exhibit "A".
Section 3.
The City Council hereby authorizes the City Clerk to transmit a certified copy
of this Resolution and the executed Agreement to the Florida Department of Transportation.
Section 4.
All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 5.
This resolution shall take effect upon adoption.
2008-R-Ol
1
After Motion by Councilwoman Bennington and Second by Councilwoman Rogers, the vote
on this resolution was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
AYE
NAY
x
x
x
x
x
PASSED AND DULY ADOPTED this 28th day of January, 2008.
ATTEST:
~~~
Lisa A. Bloomer
Interim City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
2008-R-Ol
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 28th day
of January, 2008 under Agenda Item No. 7C.
2
..
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100
Mayor Michael L. Thomas
District 1 Councilwoman Debra J. Rogers
District 2 Councilwoman Gigi Bennington
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilman Ted Cooper
Interim City Manager Tracey Barlow
City Attorney Carolyn S. Ansay
Interim City Clerk Lisa Bloomer, CMC
CERTIFICATION
I, Lisa Bloomer, Interim City Clerk of the City of Edgewater
Florida, do hereby certify that the attached is a true and
correct copy of Resolution 2008-R-01 as it appears in the
public records of the City of Edgewater, Florida.
IN WITNESS WHEREOF. I have set my hand and the seal of the City
Of Edgewater, Florida, this 14th day of February 2008.
~ Lfb~
Lisa Bloomer, CMC- Interim City Clerk
SEAL
104 NORTH RIVERSIDE DRIVE
FAX-(386)424-2409 SUNCOM 383-2407
CITY CLERK'S OFFICE-(386)424-2400 ext 1102
LB loomer@cityofedgewater.org
EXHIBIT "B"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
Section SR Location Description
79010 5 From Edgewater South City limits (Ariel Road) MP
8.824 to 10th Street MP 16.636
79210 442 From SR 9 (1-95) MP 0.375 to SR 5 (US 1) MP 3.972
CITY OF EDGEWATER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 9 of 11
EXHIBIT "C"
CITYOFEDGEWATER
Work Act. Description
471 Large Machine Mowing
482 Slope Mowing
485 Small Machine Mowing
492 Tree Trimming and Removal
541 Roadside Litter Removal
545 Edging and Sweeping
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-06
CONTRACT NO.: AOZ27
Page 10 of 11
.' ,I
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
\ -28-06
(Date)
(Date)
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Attest~~~ ~..L~~SEAL)
(SEAL) -
. (Date)
LEGAL REVIEW
~}-/L,NC'>> ,I&g~
Legal ~~?~ ~ (D~
I).Dl t/w~~
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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Attest:
Executive Secretary (Date)
LEGAL REVIEW
1!2;,-h~~
istripi Counsel
~~l
ate)
Di~:tenance Engineer Approval
I~ 1,{,r['D7
(Date)
CITY OF EDGEWATER
CONTRACT NO.: AOZ27
FIN NO.: 244621-1-72-06
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