99-R-17
...
...."
RESOLUTION NO. 99-R-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF EDGEWATER AND THE FLORIDA
DEPARTMENT OF TRANSPORT A TION (DOT) FOR THE
MAINTENANCE OF STATE ROAD RIGHT -OF - WAYS BY
THE CITY; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND EST ABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Edge water, Florida has evidenced the desire to continue ongoing
maintenance services relating to State Road right-of-ways with the Florida Department of
Transportation (DOT).
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 #AH733) between the City of Edgewater and
the Florida Department of Transportation.
Section 2.
A copy of said Agreement is attached hereto and incorporated herein as
Exhibit "A".
Section 3.
That all resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
Section 4.
This resolution shall take effect upon adoption.
99-R-17
1
V
After Motion by Councilman Roberts and Second by Councilman Hammond, the vote on this
resolution is as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
PASSED AND DULY ADOPTED this If day of October, 1999.
ATTEST:
99-R-17
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
ay:4 L.�
R=4 G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
/lAk �-l'ai��
Nikki Clayton V
City Attorney
.......
,..",
CITY OF EDGEW A TER
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AH733
THIS Agreement, entered into this _ day of
, 1999, 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 EDGEWATER 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 of the CITY; 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 dated the _ day of
,19_,
attached hereto as Attachment "A", which by reference hereto shall become a part hereof, desires
to enter into this Agreement and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each
to the other, the parties covenant and agree as follows:
MEMORANDUM OF AGREEMENT CITY OF EOOEWATER FIN NO.: 244621-1-72-03 Contract: AH733
Page
1
~
..,
1. The CITY shall be responsible for routine maintenance of all paved, landscaped and/or
turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit A, 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 B.
2. The CITY shall be responsible for clean-up, removal and disposal of all debris from the
DEPARTMENT'S rights-of-way (described by Exhibit A, or subsequent amended limits mutually
agreed in writing by both parties) following a natural disaster (i.e. hurricane, tornadoes, etc.) or
from other normal occurrences such as vehicle accidents and spills. However, 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 B, as a result of such event and the
redirection of CITY forces towards fulfillment of the CITY'S responsibility under this article.
3. To the extent permitted by Florida law the CITY agrees that it will indemnity 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 DEPARTMENT 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.
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 Operations, District 5, that the
CITY'S responsibility as established herein or a part thereof is not being properly accomplished
MEMORANDUM OF AGREEMENT CITY OF EDGEWATER FIN NO.: 244621-1-72-03 Contract: AH733
Page
2
~
....,
pursuant to the terms of this Agreement, said District Director of Operations, District 5, may, at
his option, issue a written notice in care of the Director of Parks and Recreation 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, 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. It is understood between the parties hereto that the work covered by this Agreement
may be adjusted at any time in the future upon written agreement signed by both parties as found
necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or
otherwise changed and maintained to meet with future criteria or planning of the
DEP ARTMENT.
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
payment will be in the amount of$3,864 per quarter for a total sum of$15,456 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 1655 N. Kepler Road,
Deland, Florida 32724. Delivery shall be effective upon receipt of a proper quarterly invoice
MEMORANDUM OF AGREEMENT CITY OF EDGEW A TER FIN NO.: 244621-1-72-03 Contract: AH733
Page
3
......
....,
which details all quantities completed and is accompanied by any associated documents.
7. Payment shall be made only after receipt of goods and services as provided in Section
215.422, Florida Statutes.
The CITY will report with each invoice submittal, a summary of all maintenance activities
completed that quarter. This report will be based on the F.D.O.T. Maintenance Management
System Activity and Production reporting standards. Seven (7) calendar days will be allowed to
approve goods and services upon receipt of a correct invoice as provided further herein and
allowed by Section 215.422(1), Florida Statutes.
In furtherance of Section 215.422 of the Florida Statutes, the parties agree as follows:
(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 Banking and Finance.
(B) The CITY should be aware of the following time frames. Upon receipt, the
Department has seven (7) working days to inspect and approve the goods and services, as allowed
by said statute. 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 a proper invoice is
received at the location stated herein or the goods or services are received, inspected and
approved, whichever occurs later.
(C) If payment is not available within 40 days, interest at the rate set by Section
MEMORANDUM OF AGREEMENT CITY OF EDGEW A TER FIN NO.: 244621-1-72-03 Contract: AH733
Page
4
....
....,
55.03 of the Florida Statute, will be due and payable, in addition to the invoice amount, to the
CITY. Interest penalties ofless than one ($1.00) dollar will not be enforced unless the CITY
requests payment. The 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.
(0) A Vendor Ombudsman has been established within the Department of
Banking and Finance. 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, and that bills for travel expenses specifically
authorized by this Agreement shall be submitted and paid in accordance with the rates specified in
Section 112.061, Florida Statutes.
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, 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
MEMORANDUM OF AGREEMENT CITY OF EDGEWATER FIN NO.: 244621-1-72-03 Contract: AH733
Page
5
..,.
.."",
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.
12. The term of this Agreement commences on the date a written Notice to Proceed is
issued to the CITY Manager by the Department's District Maintenance Engineer, District 5, and
shall continue for a period of one year from the date of issue of said Notice to Proceed.
This Agreement has a renewal option. Renewals shall be on an annual basis not to exceed
two yearly renewal periods, or if the original term is greater than one year for no longer than one
additional term, subject to the same prices and associated quantities as well as all other terms and
conditions set forth in this Agreement, except that the price to be paid for the renewal periods
may be increased by three (3) percent.
Renewals shall be made at the discretion and option of the Department and agreed to in
writing by both parties; i.e., the CITY Manager for the CITY and the District Director of
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,
MEMORANDUM OF AGREEMENT CITY OF EDGEWATER FIN NO.: 244621-1-72-03 Contract: AH733
Page
6
--
"""
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 shall be null and void, and no money shall be
paid thereon. 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 offunds. Nothing herein contained shall
prevent the making of Contracts for a period exceeding one (1) year, but any
Contract so made shall be executory only for the succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all Contracts of the DEPARTMENT
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 ROADWAY AND TRAFFIC STANDARDS CURRENT
EDITION, INDEX 600 SERIES.
15. This writing embodies the entire agreement and under-standing between the parties
hereto and there are no other agreements and understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
MEMORANDUM OF AGREEMENT CITY OF EOOEW A TER FIN NO.: 244621-1-72-03 Contract: AH733
Page
7
......
.....,.
16. This Agreement is nontransferable and nonassignable in whole or in part without
consent of the DEPARTMENT.
17. This Agreement, regardless of where executed, 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 on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a 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, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor
list.
MEMORANDUM OF AGREEMENT CITY OF EDGEW A TER FIN NO.: 244621-1-72-.03 Contract: AH733
Page
8
~
...,
EXHIBIT "A"
ROADWAYS INCLUDED IN THIS AGREEMENT
SECTION S.R. LOCA TION DESCRIPTION LENGTH
79010 5 From the Southerly City Limits of Edge water (M.P. 11.967) to 4.669 Miles
the Northerly City Limits of Edge water (M.P. 16.636)
79210 442 From 150 feet west of Willow Oak Drive (M.P. 2.628) to the 1.344 Miles
intersection ofS.R. 5 (U.S. 1) (M.P. 3.972)
MEMORANDUM OF AGREEMENT CITY OF EOOEW A TER FIN NO.: 244621-1-72-03 Contract: AH733
Page
9
.......
.."",
EXHIBIT "B"
ACTIVITY DESCRIPTION REPORTING
471 Large Machine Mowing 22.0 Acres
482 Slope Mowing 1.3 Acres
484 lntennediate Mowing 3.7 Acres
492 Tree Trimming and Removal 47 Manhours
541 Roadside Litter Removal 27.0 Acres
545 Edging and Sweeping 3.6 Edge Miles
MEMORANDUM OF AGREEMENT CITY OF EDGEW A TER FIN NO.: 244621-1-72.Q3 Contract: AIl?33
Page 10
.....
....,
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
By:
District Director of Operations
District Five
Attest:
Executive Secretary or Notary
Approved as to Form and Legality:
District Counsel
FISCAL WILL STAMP FUNDS APPROVAL:
CITY OF:
Byq /J ~~-
~ '/~ -. MAYOR
Attest: I..-<--/~
I CITY GLERK
APPROVED AS TO FORM AND LEGALITY:
~ ,.~
MA.f (... ~
/' CITY At torney
MEMORANDUM OF AGREEMENT CITY OF EDGEW A TER FIN NO.: 244621-1-72-.03 Contract: AH733
Page
11