2017-R-13 RESOLUTION NO 2017-R-13
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA, AND
THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AUTHORIZING THE
MEMORANDUM OF UNDERSTANDING FOR
THE MULTI-USE TRAIL PROJECT OUTSIDE OF
FDOT RIGHT-OF-WAY FROM DALE AVENUE
TO 10TH STREET; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT.
WHEREAS,the City of Edgewater,Florida has made the following determination:
WHEREAS, the City of Edgewater desires to enter into the Memorandum of
Understanding for Maintenance of Multi-Use Trail Project Outside of FDOT Right-of-Way with
the Florida Department of Transportation(FDOT)from Dale Avenue to 10th Street.
NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida:
Section 1. The City Council hereby authorizes the Mayor to execute the Memorandum
of Understanding for Maintenance of Multi-Use Trail Project Outside of FDOT Right-of-Way.
Section 2. A copy of said Agreement and related documents are 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repealed.
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#2017-R-13
After Motion to approve by Ceu,,Y,i -,,nr) el�LQs and Second by
^) I-) , the vote on this resolution was as
follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi N+
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 3rd day of April,2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA4.1 By:
// , Ar 4
Robin L. Matusick Michael Ignasia
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 3rd day of April,2017 under
Aaron R. Wolfe,Esquire Agenda Item No. 8 1 .
City Attorney
Doran,Sims,Wolfe&Ciocchetti
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#2017-R-13
IP A
City of
1WGEWATER2
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-13 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 3rd day of April, 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.cifyofedgewater.org
MEMORANDUM OF UNDERSTANDING FOR
MAINTENANCE OF MULTI-USE TRAIL
PROJECT OUTSIDE OF FDOT RIGHT-OF-WAY
THIS AGREEMENT, made and entered into this tie) day of2017,
by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, an
executive agency of the State of Florida, hereinafter called the "DEPARTMENT" and the
CITY OF EDGEWATER, a municipality incorporated under the laws of the State of Florida,
existing under the Laws of Florida, hereinafter called the"LOCAL GOVERNMENT."
WITNESSETI-L
WHEREAS, the LOCAL GOVERNMENT seeks to install and maintain a certain Multi-
Use Trail Project, within the LOCAL GOVERNMENT right of way as further described herein
(the"Multi-Use Trail Project"); and
WHEREAS, the LOCAL GOVERNMENT has jurisdiction over and maintains the right of
way on which the trail will be constructed; and;
WHEREAS, the LOCAL GOVERNMENT agrees to allow the Multi-Use Trail Project to
be constructed and operated within the LOCAL GOVERNMENT'S Right of Way under certain
conditions necessary to protect the traveling public; and
WHEREAS, LOCAL GOVERNMENT, by Resolution No. 2017-R-13, dated
April 3, 2017, and attached hereto as Exhibit "A," has authorized its officers to execute this
AGREEMENT on its behalf and to formally commit to permanent, perpetual maintenance of the
Multi Use Trail Project.
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 LOCAL GOVERNMENT hereby agrees to construct or cause to be constructed
the Multi-Use Trail Project as specified in the Project Plan(s) included as Exhibit"B."
2. The LOCAL GOVERNMENT acknowledges that the DEPARTMENT will require the
LOCAL GOVERNMENT to permanently and perpetually maintain the entire Multi-
Use Trail Project, as depicted in the Construction Plans and Specifications of F.P.I.D.
#439863-1-54-01, (as updated or shown as modified in the As-Built Plans) in
conformance with generally accepted standards of trail and sidewalk maintenance,
including, but not limited to compliance with the Americans with Disabilities Act.
3. Maintenance responsibility of the LOCAL GOVERNMENT shall, as applicable,
include, but not be limited to: vegetation, ornamental landscaping, trail heads,
bathroom facilities, parking facilities, repair of slopes and erosion, removal of graffiti,
boardwalks, gravity walls, sea walls, traffic barriers, railings, guardrail, signing,
pavement markings, pedestrian and bicycle signals, trail lighting, benches, litter
receptacles, and aesthetic features which are located within the limits of the Multi-Use
Trail Project, as defined herein below. The LOCAL GOVERNMENT's maintenance
activities shall also include keeping pavement surfaces free from residue accumulation,
algae, vegetation, and other slip or trip hazards. The LOCAL GOVERNMENT shall
be responsible to trim landscaping, provide litter pick up, mow, sweep, edge, and
provide weed control along the Multi-Use Trail Project. The LOCAL GOVERNMENT
shall at all times maintain the Multi-Use Trail Project in a safe condition, which
includes,but is not limited to repairing slope erosion and maintaining signs, sign poles,
striping, pavement symbols, traffic markings, detectable warning surfaces, pavers,
crosswalks, bollards, delineators,walls,railings,barriers, guardrail,lighting,pedestrian
and bicycle signals and any other and all other safety features within the Multi-Use
Trail Project. Additionally, the LOCAL GOVERNMENT shall maintain paint on
railings, sign poles, and all other painted structures or improvements within the limits
of the Multi-Use Trail Project. Repairs to any aspect of any feature or improvements
within the Multi-Use Trail Project limits shall be of like or higher quality than the
original structure, feature,or item,and if applicable,to DEPARTMENT standards. All
necessary maintenance and repair shall be at the LOCAL GOVERNMENT's sole cost
and expense, and shall be undertaken in a good and workmanlike manner, and with
safe and reasonable care.
4. The LOCAL GOVERNMENT shall maintain aesthetic features associated with bridge
structures, if any, including, but not limited to, custom paint or coatings. The LOCAL
GOVERNMENT will be responsible to maintain the trail pavement and any bridge
structures.
5. The LOCAL GOVERNMENT shall pay utility bills for lighting, signals,and irrigation,
if any,that are directly associated with the Multi-Use Trail Project.
6. The LOCAL GOVERNMENT shall conduct periodic inspections of the Multi-Use
Trail Project to ensure that any and all safety deficiencies are addressed. It shall be the
LOCAL GOVERNMENT's sole responsibility to assure that sufficient periodic
inspections are done to assure that safe conditions within the Multi-Use Trail Project
limits are maintained at all times.
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7. When the Multi-Use Trail Project is at the end of its useful life, the LOCAL
GOVERNMENT shall prioritize the Replacement or Reconstruction of the Multi-Use
Trail Project as if it was a new Project.
8. Should the LOCAL GOVERNMENT desire to add future amenities within the Multi-
Use Trail Project limits, the LOCAL GOVERNMENT shall contact the
DEPARTMENT for prior approval to install or to construct the additional amenities
and the LOCAL GOVERNMENT shall be solely and fully responsible to maintain and
to repair any amenities that the LOCAL GOVERNMENT adds within the Multi-Use
Trail Project limits.
9. If at any time the LOCAL GOVERNMENT has not performed the maintenance
responsibility on the Multi-Use Trail Project in accordance with this Agreement, the
DEPARTMENT shall have the option of(a) notifying the LOCAL GOVERNMENT
of the deficiency with a requirement that it be corrected within a specified time; or(b)
in the event of an emergency or in the event that the LOCAL GOVERNMENT has not
corrected the deficiency in a timely manner, the DEPARTMENT may perform the
necessary maintenance at the LOCAL GOVERNMENT'S sole cost and expense, and
the DEPARTMENT shall send an invoice to the LOCAL GOVERNMENT, equal to
the cost incurred by the DEPARTMENT for such maintenance. Any action taken by
the DEPARTMENT does not relieve any obligation of the LOCAL GOVERNMENT
under the terms and conditions of this Agreement. Failure to perform maintenance of
the Multi-Use Trail Project in accordance with the terms of this Agreement may impact
DEPARTMENT funding participation in future LOCAL GOVERNMENT projects.
10. The DEPARTMENT may require the LOCAL GOVERNMENT to remove the Multi-
Use Trail Project in whole or in part and restore the property to the condition that
existed immediately prior to the effective date of this Agreement if the DEPARTMENT
determines: (a) the Multi-Use Trail Project or project feature is not or maintained in
accordance with this Agreement; or (b) the LOCAL GOVERNMENT breaches a
material provision(as determined by the DEPARTMENT)of this Agreement.Removal
and restoration shall be completed by the LOCAL GOVERNMENT within _
days of the DEPARTMENT'S written notice, or such time as the DEPARTMENT and
the LOCAL GOVERNMENT mutually agree in writing. Removal and restoration shall
be completed by the LOCAL GOVERNMENT in accordance with DEPARTMENT
standards. Should the LOCAL GOVERNMENT fail to complete the removal and
restoration work,the DEPARTMENT may complete the removal and restoration at the
LOCAL GOVERNMENT'S sole cost and expense and send an invoice to the LOCAL
GOVERNMENT, equal to the cost incurred by the DEPARTMENT for such removal
and restoration.
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11. This Agreement may be terminated under either of the following conditions: (a)by the
DEPARTMENT, if the LOCAL GOVERNMENT fails to perform its duties under this
Agreement, following ten (10) days written notice; or (b) by the DEPARTMENT, for
refusal by the LOCAL GOVERNMENT to allow public access to public records that
are associated with the Multi-Use Trail Project and that are otherwise subject to the
provisions of Chapter 119,Florida Statutes.
12. The LOCAL GOVERNMENT agrees that it has made an application to any other
owners for the rights necessary to build on the property reflected in the attached
Exhibits and that the LOCAL GOVERNMENT possesses the necessary rights or
permissions to perform any activities contemplated by the LOCAL GOVERNMENT
on this project and covered by this AGREEMENT and its attachments.
13. LOCAL GOVERNMENT:
a. Shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the
LOCAL GOVERNMENT during the term of the contract; and
b. Shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term.
14. This writing embodies the entire AGREEMENT and understanding 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.
15. This AGREEMENT may not be assigned or transferred by the LOCAL
GOVERNMENT in whole or part without the consent of the DEPARTMENT.
16. This AGREEMENT shall be governed by and construed in accordance with the laws
of the State of Florida. In the event of a conflict between any portion of the
AGREEMENT and Florida law, the laws of Florida shall prevail.
17. Public Entity Crime-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 ori 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,
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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, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
18. Anti-Discrimination- An entity or affiliate who has been placed on the discriminatory
vendor list 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.
19. The DEPARTMENT is an Agency of the State of Florida and the LOCAL
GOVERNMENT is a political subdivision of the State of Florida as defined in Chapter
768.28, Florida Statutes.Accordingly, each party agrees to be fully responsible for acts
and omissions of its agents or employees to the extent permitted by law.Nothing herein
is intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by the
DEPARTMENT, as a state Agency, or the LOCAL GOVERNMENT, as a political
subdivision of the State of Florida to be sued by third parties in any manner arising out
of this Agreement or any other contract associated therewith.
The remainder of this page intentionally left blank
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
CITY OF EDGEWATER STATE OF FLORIDA
(LOCAL GOVERNMENT) DEPARTMENT OF TRANSPORTATION
By: /fi6(4By:
Michael Ignasiak Alan E. Hyman
Mayor Director of Traffic Operations
Attest tfSEAL) Attest: (SEAL)
Robin L. Matusick Norma Mejias
Clerk/Paralegal Executive Secretary
Aaron R. Wolfe, attorney Legal Approval
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I/
HILi
City of
ED G Florida ATER
April 4, 2017
Dianne Peek, FCCM
Local Program Coordinator
Department of Transportation
719 S. Woodland Boulevard, MS —4-520
DeLand, Florida 32720
Re: City'of Edgewater-Resolution#2017-R-13
FDOT - Memorandum of Understanding for Maintenance of Multi-Use Trail Project
Outside of FDOT Right-of-Way'
Dear Ms. Peek:
During the City Council meeting held on April 3, 2017, Council approved the above-referenced
Resolution and Memorandum of Understanding for Maintenance of Multi-Use Trail Project
Outside of FDOT Right-of-Way. An original of the Agreement; fully executed by the City of
Edgewater and a copy of the Resolution along with a Certification are enclosed for your
information/files.
Once execution is finalized by FDOT, please forward a completed document to my office. Do
not hesitate to contact my office at the number listed below if you have any questions.
Sincerely,
Y
Robin L. Matusick
City Clerk/Paralegal
rmatusick(i cityofedgewater.org
/rim
Enclosure
Copy to: Samantha Bergeron (copy on laserfiche)
Brenda Dewees(copy on laserfiche)
Finance(copy on laserfiche)
Office of the City ClerkIParalegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext. 1101 •Fax(386)424-2410
www.cityofedgewater.org
(Letter!Ltr-2017-033)