2017-R-04 - Highway Maintenance MOA RESOLUTION NO. 2017-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT (FINANCIAL
MANAGEMENT NUMBER 244621-1-78-01) CONTRACT
RENEWAL #AR494 BETWEEN THE CITY OF EDGEWATER
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 determination:
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 Edgewater,Florida:
Section 1. The City Council hereby authorizes the Mayor to execute the Highway
Maintenance Memorandum of Agreement (Financial Management No. 244621-1-78-01), Contract
No. AR494 RI (Renewal) 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 Renewal 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 are hereby
repealed.
1
X2017-R-04
After Motion to approve by C )r,(z/l cky-1-.F.1-_r r, and Second
by 2anjlrrv-irl -J , the vote on this resolution was as
follows:
AYE NAY
Mayor Mike Ignasiak �—
Councilwoman Christine Power N
Councilwoman Amy Vogt �.
Councilman Dan Blazi N
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 6th day of February,2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATE , FLORIDA
7~--
Robin_L. Matusick Michael Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 6th day of February,2017
Aaron R.Wolfe,Esquire under Agenda Item No.8 e .
City Attorney
Doran,Sims,Wolfe&Ciocchetti
2
X2017-R-04
EXHIBIT "A"
3
#2017-R-04
d
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION 375020..23
CONTRACT RENEWAL CONTRACTS AOMNdtSTRATION
OGC•04,0E
Contract No.:AR494 Renewal: (1st.2nd. etc.) 1st&Final
Financial Project No(s).: 244621-1-78-01
County(ies): Volusia
This Agreement made and entered into this day of , by and between the State of
(This date, t _ oruy./
Florida Department of Transportation: hereinafter called"Department". and The City of Edgewater
hereinafter called"Contractor".
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on thisSth day of February, 2014
;This date to be entered by DOT only)
entered into an Agreement whereby the Department retained the Contractor to perform Routine Maintenance
and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both
parties and subject to the same terms and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
to the other, the parties agree to a renewal of said original Agreement for a period beginning the 25th _ day of
March 2017 and ending the 24th day of March 2020
ata cost of$ 127.200.00 --
AA terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF: the parties have executed this Agreement by their duly authorized officers on the day.
month; and year set fortn above.
7-,/ r-'.c 64-6f�T E7) STATE OF FLORIDA
Name ofContractor
DEPARTMENT OF TRANSPORTATION
BY:
Contractor m",arft9tle I District Secretary or Designee(Signature)
BY: �-, 4 1 L>y'TN, Title:
Authorized Signature
Q. (SEAL)
Legal:
Name of Surety
City State Fiscal:
Approval as to AvailabiThy of Funds
By: n l
Florida Licensed Ins:,rance Agent or Date
Attorney-In-Fact(Signature)
Countersigned: n C.
Florida Licensed Insurance Agent Date
Form W-9 Request for Taxpayer Give Form to the
(Rev.December2014) Identification Number and Certification requester. Do not
Department of the Treasure send to the IRS.
Internal Revenue Service
1 Name(as shown on your income tax return).Name is requ red on ths line;do not leave th's line blank.
City of Edgewater
N 2 Business name/disregarded entity name,if different from above
3 Check appropr ate box for federal tax classification:check only one of the following seven boxes: 4 Exemptions(codes apply only to
o ❑IndividuaVsole proprietor or ❑ C Corporationc entities,not individuals;see
po ❑S Corporation ❑ Partnership ❑Trust/estate instructions on page 3):
e c single-member LLC
aLimited liabilitycompany.Enter the tax classification(C=C corporation,S=S corporation,P= rtnersh ► Exempt payee code(f any)
2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropr ate box in the'line above for Exemption from FATCA reporing
a the tax classification of the single-member owner. code(if any)
c
n
Other(see instruct si Municipality(Local Government) ii uww�=ov i eo.is emeus;
ft 5 Address(number,street,and apt.or suite no.) Requester's name and address(optonat
a PO Box 100 104 N. Riverside Dr.
• 6 City,state,and ZIP code
c Edgewater,FL 32132
7 L st account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name civen cn line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a - -
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on pace 4 for Employer identification number
guidelines on whose number to enter. 1
5 9 - 6 0 0 0 3 1 4I
Part II Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am sub`ect to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has rotfied me that I am
no longer subject to backup withholding;and
3. I am a U.S.citizen or other U.S.person(defired below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than Inter t and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign Signature of (Th
t /�
Here U.S.person 0- L/ Date Pr a! ) l S
General Instruetio S •Form 1093(home mortgage interest),1093-E(student can interest).1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as egislat on enacted after we release:t)is at wv.'w.irs.gov/1w9.
Use Form W-9 only if you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity;Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be sub eci
return with the IRS must obtain your correct taxpayer identification number(r1M to backup withholding.See What is backup withhc(ding?on page 2.
wh ch may be your social security cumoer(SSN),indlvidua taxpayer identficat on By signing the filled-out form,you:
number(ITIN).adoption taxpayer identification number(AT N),or emp oyer 1.Certify that the TIN you are giv ng is correct(or you are waiting for a number
identification number(EIN),to report cn an information return the amount pad to to be issued),
you,or other amount reportable on an information return.Examples of information
returns include,but are not lirn'ted to,the following: 2.Cert fy that you are not subject to backup withholding,or
•Form 1099-INT(interest earned cr paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
•Forts 1099-DIV(dividends,inc'adng those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocaale share o'
any partnership income from a U.S.trade or business is not subject to the
•Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectvey connected income,and
•Form 1099-8(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
brokers) exempt from the FATCA reporting,'s correct.See What is FATCA reporting?on
•Fenn 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231X Form W-9(Rev.12-2014)
4
Oh of
I-
G EWAT
CERTIFICATION
I, Robin L. Matusick, City' Clerk/Paralegal of the City of Edgewater Florida, do hereby
certify that the attached is a true and Correct Copy of the City of Edgewater's Resolution
Number 2017-R-04 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, on this 7th day of February, 2017.
Robin L. Matusick
City Clerk/Paralegal
SEAL
Office of the City Clerk
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2410
www.cityofedgewater.org
I
r ,
smi4i1
1.'4I l 'r. ' .r ..
City of
V0GITIER
February 7,2017
Thomas Russ
Contracts/Permits Coordinator
FDOT DeLand Operations
719 S. Woodland Blvd.
DeLand,FL 32720-6834
Re: City of Edgewater- Resolution#2017-R-04
Highway Maintenance Renewal -AR 494 R1
Mr. Russ,
This will confirm that during the City Council meeting held on February 6, 2017 Council
approved the above-referenced Regolution and Renewal for the Highway Maintenance
Agreement#AR 494 R1. A copy of the document is enclosed for your records/information.
Do not hesitate to contact my office at the number listed below if you have any questions
regarding same.
Sincerely,
Ji'atui .e.. matuJecti
Robin L. Matusick
City Clerk/Paralegal
rmatusick@cityofedgewater.org
/rim
Enclosure
Copy to: Samantha Bishop(copy on laserfiche)
Finance(copy on laserfiche)
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Option#1&Ext. 1102•Fax(386)424-2410
www.cityofedgewater.orq
(Letter/Ltr-1017-017)
Robin Matusick
From: Aaron Wolfe <awolfe@doranlaw.com>
Sent: Wednesday, February 08, 2017 9:36 AM
To: Robin Matusick
Cc: Karon LaVassaur
Subject: RE: signature - FDOT
Robin,
I don't see where I would sign the FDOT contract renewal. The line for an Attorney-in-Fact to
sign would be used by someone with a power of attorney. Anyway, I would submit it as is
because the City does not have a surety and so that part of the signature block should be left
blank. Please let me know if you have any questions or concerns.
Aaron
Doran
Sims
-Wolfe
� Ciocchetti
Attorneys at Law
Aaron R. Wolfe
Attorney at Law
Doran Sims Wolfe & Ciocchetti
1020 W.International Speedway Blvd., Suite 100
Daytona Beach, FL 32114
Office: 386-253-1111
Fax: 386-253-4260
Email: awolfe@doranlaw.com
*****This electronic communication transmission contains information which may be privileged,
confidential and/or exempt from disclosure under applicable law.The information is intended only for the
use of the addressee named above.If you are not the intended recipient,you are hereby notified that any
disclosure,copying,distribution or other use of the contents of this electronic communication information
is strictly prohibited. If you received this electronic communication in error, please notify me immediately
by email reply. Thank you.
From: Robin Matusick [mailto:rmatusick@CITYOFEDGEWATER.ORG]
Sent: Wednesday, February 08, 2017 7:40 AM
To:Aaron Wolfe<awolfe@doranlaw.com>
Cc: Karon LaVassaur<KLaVassaur@doranlaw.com>
Subject:signature - FDOT
Importance: High
Aaron,
i
You were right-you needed to sign the attached for Resolution #2017-R-04 for the FDOT Renewal! Can you
please sign&return (scan) in color? Thanks!
Robin L. Matusicic City Clerk/Paralegal
City of Edgewater
PO Box 100
Edgewater, FL 32132
(386)424-2400 Ext #1101
rmatusick@citvofedgewater.org
2
Robin Matusick
From: Brenda DeWees
Sent: Thursday,January 12, 2017 3:36 PM
To: Robin Matusick
Cc: Samantha Bishop;John McKinney
Subject: Agreement - FDOT Maintenance
Attachments: doc00082020170112152541.pdf
Follow Up Flag: Flag for follow up
Flag Status: Flagged
Robin,
Attached is the agreement for FDOT maintenance of US#1 and SR#442. We will need a resolution as outlined in the
documents.Will you please prepare the resolution for the February agenda. They also requested that we do NOT fill in
the dates as they will once they execute it.
Thank you!
Brenda
Brenda L. Dewees
Director of Environmental Services
City of Edgewater
PO Box 100
Edgewater, FL 32132
386-424-2400 ext. 4007
GO TO 1 FIND US y FOLLC7WUS Q SUBSCRIBE SIGN UP r DOWNLOAD
C ttFTFR OURMO8RE APP
1
FDOT
Florida Department of Transportation
RICK SCOTT 719 S. Woodland Boulevard JIM BOXOLD
GOVERNOR DeLand,Florida 32720-6834 SECRETARY
Ms. Brenda Dewees
Director, Public Works &Utilities
104 N. Riverside Drive
Edgewater, FL 32132
Re: Memorandum of Agreement, City of Edgewater
Contract#AR494-R1 Renewal
FM#244621-1-78-01
Dear Ms, Dewees:
Our current agreement will expire on 3/24/2017. Enclosed is a copy of our Contract Renewal Form
for the final renewal of our contract. Please obtain original signatures and return to our office by
March 5,2017.
I have also included updated information we will need for this renewal. A new resolution will need
to be returned with this renewal. I've attached a sample resolution for your convenience. Please
complete and return the W-9 for our records. Please make sure the person authorized to sign the
Renewal per the new Resolution be the same person to execute the forms.
If you have any questions,please contact me at(386) 740-3404.
Sincerely,
Thomas Russ
Contracts/Permits Coordinator
FDOT Deland Operations
386-740-3404
13,r-[.S ru��
www.dot.state.fl.us
EXHIBIT A
SAMPLE RESOLUTION ONLY: Suggested names, position, etc.
A RESOLUTION AUTHORIZING XXXXX AND XXXXX TO EXECUTE A
MEMORANDUM OF AGREEMENT BETWEEN THE CITY/COUNTY OF XXXXX, AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF
STATE ROAD RIGHTS-OF-WAY BY THE CITY; SETTING FORTH AN EFFECTIVE
DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF XXXXXXXX,
FLORIDA:
SECTION ONE. That the XXXXX and XXXXX are hereby authorized to execute that
"Memorandum of Agreement — Highway Maintenance" between the CITY and the FLORIDA
DEPARTMENT OF TRANSPORTATION, and mutually agreed upon renewals, a copy of
which is attached hereto and incorporated herein by reference.
SECTION TWO. That this Resolution shall take effect immediately upon its adoption.
APPROVED AND AUTHENTICATED this day of ,2014.
Mayor
ATTEST:
A-1 01�
CITY Manager