HomeMy WebLinkAboutResolution 96-09
RESOLUTION NO. 96-09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE MAINTENANCE OF STATE
ROAD RIGHTS-OF-WAY BY THE CITY; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has
the authority to adopt this Resolution pursuant to Article VIII of
the Constitution of the State of Florida and Chapter 166, Florida
Statutes.
SECTION 2.
The Mayor and City Clerk are hereby
authorized and directed to execute that "Memorandum of Agreement -
Highway Maintenance" between the City and the Florida Department of
Transportation, a copy of which is attached hereto and incorporated
herein by reference.
SECTION 3. Severability.
If any section, subsection,
sentence, clause, phrase or portion of this Resolution is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become
effective immediately upon passage and adoption.
CITY OF OCOEE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
F.D.O.T. CONTRACT NO.
W.P.I. NO.
JOB NO.
THIS AGREEMENT, entered into this
day of
, 1996, 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
OCOEE, a political subdivision of the State of Florida, existing
under the Laws of Florida, hereinafter called the CITY.
WIT N E SSE T H
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
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MEMORANDUM OF AGREEMENT
PAGE 1
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 IIAII,
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:
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 Item 21, 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 Item 22.
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MEMORANDUM OF AGREEMENT
PAGE 2
2. The CITY shall be responsible for clean-up, removal
and disposal of all debris from the DEPARTMENT'S rights-of-way
(described by Item 20, 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 of the CITY, costs for impairment of
performance of any activity or part thereof defined in Item 21, 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 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 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
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MEMORANDUM OF AGREEMENT
PAGE 3
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 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 Public Works 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, 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
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MEMORANDUM OF AGREEMENT
PAGE 4
(B). Terminate this agreement in accordance with Item 12
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 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
DEPARTMENT.
6. The Department agrees to pay to the CITY quarterly
(each three month period following a notice to proceed) compensa-
tion for the cost of maintenance as described under Item 1 of this
agreement.
The payment will be in the amount of $7,500.00 per
quarter for a total sum of $30,000.00 per year.
In the event this
agreement is terminated as established by Item 12 herein, paYment
Will be prorated to the date termination occurs.
7. Payment shall be made only after receipt of goods and
services as provided in Section 215.42, Florida Statutes. The City
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MEMORANDUM OF AGREEMENT
PAGE 5
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.
8. 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.
(A) The City should be aware of the following time
frames. Upon receipt, the Department has five(5) working days to
inspect and approve the goods and services, unless the agreement
specifies otherwise. The Department has 20 days to deliver a
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MEMORANDUM OF AGREEMENT
PAGE 6
request for payment (voucher to the Department of Finance) .
The 20
days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected and
approved.
(B) If payment is not available within 40 days, a
separate interest "rate set by Section 55.03 of the Florida
Statute" day will be due and payable, in addition to the invoice
amount, to the City.
Interest penalties of less 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.
(C) 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 (904) 488-2924 or by calling
the State Comptrollers Hotline, 1-800-848-3792.11
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PAGE 7
9. 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.
10. 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.
11. The CITY shall allow public access to all documents,
papers, letters, or other material subject to the provisions of
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MEMORANDUM OF AGREEMENT
PAGE 8
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.
12. 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 Item 4 of this agreement.
(B) As mutually agreed to by both parties with a thirty
(30) day written notice.
(C) In the event the Legislature fails to make an annual
appropriation to pay for the CITY'S services to be performed
hereunder.
13. 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, 365 calendar days, from the date
of issue of said notice to proceed.
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PAGE 9
This agreement has a renewal option. Renewals shall be
on an annual basis not to exceed two yearly renewal periods subject
to the same prices and associated quantities as well as all other
terms and conditions set forth in this agreement.
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, upon written agreement by both
parties and subject to the same terms and conditions as applicable
for renewal of this Agreement.
14. 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
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MEMORANDUM OF AGREEMENT
PAGE 10
annual appropriation by the Legislature.
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 of funds.
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.
15. The CITY may construct landscaping within the limits
of the rights-of-way identified as a result of this document,
subject to the following conditions:
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PAGE 11
(A) Plans for any new landscaping shall be subject to
approval by the DEPARTMENT. The CITY shall not change or deviate
from said plans without written approval by the DEPARTMENT;
(B) All landscaping shall be developed and implemented
in accordance with appropriate DEPARTMENT safety and road design
standards;
(C) All requirements and terms established by the agree-
ment shall also apply to any additional landscaping installed under
this Item;
(D) The CITY agrees to complete, execute and comply with
the requirements of the DEPARTMENT'S standard permit;
(E) No change will be made in the payment terms estab-
lished under Item 6 of this agreement due to any increase or
decrease in cost to the CITY resulting from the installation and
maintenance of landscaping added under this item;
(F) In the event this agreement is terminated as estab-
lished under Item 12 herein, the CITY agrees to accept full
responsibility for all additional maintenance described in this
section at no additional cost to the DEPARTMENT.
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MEMORANDUM OF AGREEMENT
PAGE 12
16. 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.
17. This writing embodies the entire agreement and under-
standing between the parties hereto and there are no other agree-
ments and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded
hereby.
18. This agreement is nontransferable and nonassignable
in whole or in part without consent of the DEPARTMENT.
19. This agreement, regardless of where executed, shall
be governed by and construed according to the laws of the State of
Florida.
20. This following statement is required by Section
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PAGE 13
287.113 (2) (a), Florida Statutes:
A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or
services to 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, 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.
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PAGE 14
21. The roadways included in this agreement are:
SECTION
75050
S.R.
50
(West Colonial Dr.)
75180
437
(Bowness Rd.)
75230
439
(Bluford, Franklin,
Plant St.)
75250
438
(Silver Star Rd.)
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LOCATION & LIMITS
START: Woffard Rd.
M.P. TO M.P.
M.P. 6.081
END: Good Holms Rd. M.P. 9.338
START: Franklin St.
M.P. 0.000
END: Silver Star Rd. M.P. 0.106
START: E. Crown Point Rd. M.P. 6.535
END: S.R. 50 W. Colonial M.P. 8.965
START: S.R. 437 Bowness Rd. M.P. 0.000
END: County Rd. 435 at M.P. 3.551
TOTAL MILES
TOTAL LANE MILES FOR THIS CONTRACT =
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MEMORANDUM OF AGREEMENT
MILES
3.257
0.106
2.430
3.551
9.344
25.202
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PAGE 15
22. The routine maintenance activities to be included
under the agreement are as follows:
ACTIVITY DESCRIPTION
437 Miscellaneous Slope and Ditch Repair
451 Clean Storm Drains (Manual & Mechanical)
461 Roadside Ditches Clean and Repair
464 Outfall Ditches Clean and Repair (Haul or Spread)
471 Large Machine Mowing
485 Small Machine Mowing
487 Weed Control (Manual & Mechanical)
494 Chemical Weed & Grass Control
540 Graffiti Removal
541 Litter Removal
542 Road Sweeping (Manual)
543 Roadway Sweeping (Mechanical)
545 Edging & Sweeping
The activities shall be performed in accordance with the
DEPARTMENT'S performance standards.
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PAGE 16
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 General Counsel
FISCAL WILL STAMP FUNDS APPROVAL:
CITY OF: OCOEE
BY:
MAYOR S. Scott Vandergrift
Attest:
CITY CLERK Jean Grafton
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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PAGE 17
ATTACHMENT "A"
RESOLUTION NO. 96-09
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE MAINTENANCE OF STATE
ROAD RIGHTS-OF-WAY BY THE CITY; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has
the authority to adopt this Resolution pursuant to Article VIII of
the Constitution of the State of Florida and Chapter 166, Florida
Statutes.
SECTION 2 .
The Mayor and City Clerk are hereby
authorized and directed to execute that "Memorandum of Agreement -
Highway Maintenance" between the City and the Florida Department of
Transportation, a copy of which is attached hereto and incorporated
herein by reference.
SECTION 3.
Severability.
If any section, subsection,
sentence, clause, phrase or portion of this Resolution is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this
day of
, 19 9"6 .
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1996
FOLEY & LARDNER
By:
City Attorney
C:I WP51IDOCSIOCOEIMEMORAND.RES 14/12/961 DEBBIEH 1 PER:dh
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING
HELD ON , 1996
UNDER AGENDA ITEM NO.
2