HomeMy WebLinkAboutItem #04 Approval of FDOT Memorandum of Agreement
Meeting Date: February 19, 2008
Item # 4-
Contact Name:
Contact Number:
Stephen C. Krug
6002
Reviewed By:
Department Director:
City Manager:
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Subject: FOOT Memorandum of Agreement, Contract No. AP161, State Job No. 244298-1-72-07.
Background Summary:
The existing contract between the Florida Department of Transportation and City of Ocoee for routine
maintenance of the State rights-of-way will expire on April 30. 2008. FOOT is requesting renewal of this
contract at $34,500.00. This amount represents a 3% increase from the previous contract period.
Issue:
Should the Honorable Mayor and City Commissioners approve renewal of the Memorandum of
Agreement with FOOT (Contract No. AP161, State Job No. 244298-1-72-06) between FOOT and City of
Ocoee at $34,500.00?
Recommendations
Recommend Honorable Mayor and City Commissioners approve renewal of the Memorandum of
Agreement with FOOT (Contract No. AP161, State Job No. 244298-1-72-06) between FOOT and City of
Ocoee at $34,500.00.
Attachments:
Three (3) copies of M.O.A. # AP161.
Resolution authorizing execution of the M.O.A.
Financial Impact:
The $34,500.00 supplements the City maintenance operations.
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deot Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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RESOLUTION NO. 2008-
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 RIGHT-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 by reference.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of the 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 effect 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
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY TIDS DAY OF
, 2008.
FOLEY & LARDNERLLP
By:
City Attorney
day of
,2008.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING
HELD ON , 2008,
UNDER AGENDA ITEM NO.
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
Oviedo Maintenance
2400 Camp Road
Oviedo, Florida 32765
Telephone (407) 977-6530
Fax (407) 977 -6535
STEPHANIE C. KOPELOUSOS
SECRETARY
January 28, 2008
City of Ocoee
Steve Krug
301 Maguire Road
Ocoee, Florida 34761
RE: Memorandum of Agreement
Contract No.
State Job No.
Amount:
AP161
244298-1-72-07
$34,500.00
Dear Mr. Krug:
Enclosed are three (3) copies of M. O.A. # AP 161. Please have the City Council prepare a
Resolution and have all copies executed by the persons named in the City's resolution.
Please execute and return all copies with original signatures by April 1, 2008.
Please do not hesitate to call Jeff Ryals at (407) 977-6530 if you should have any
questions and/or concerns regarding the aforementioned contract.
Sincerely,
c;L-- t~~
James E. Wood Jr., P.E.
Oviedo Maintenance
Maintenance Engineer
CC: Oviedo Maintenance
District Contracts
www.dot.state.fl.us
* RECYQED PAPER
CITY OF OCOEE
AND
THE FLORIDA DEPARTMENT OF TRANSPORT A TION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AP161
THIS Agreement, entered into this
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 OCOEE 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 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 dated the
day of ,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 Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: APl6l
REY.O 1/03/07
Page I 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 nonnal
occurrences such as vehicle accidents and hazardous waste 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 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
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: APl6l
REV.Ol/03/07
Page 2 of 12
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.
4. If, at any time while the terms ofthis 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 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 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 ofthe 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.
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: AP161
REV.01/03/07
Page 3 of 12
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 ofthis Agreement. The
payment will be in the amount of $6,900.00 per quarter or a total sum of $34,500.00 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 2400 Camp Road,
Oviedo FI 32765. 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) If payment 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 of less than one ($1.00) dollar shall not be
enforced unless the CITY requests payment. Invoices, which have to be returned to the CITY
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: AP 161
REV.0l/03/07
Page 4 of 12
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.
(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 subj ect 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 ofthis Agreement.
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: APl6l
REV.01l03/07
Page 5 of 12
(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 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 may be renewed for a period that may not exceed three (3) years or the
term of the original contract, whichever period is longer. Renewals 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 terms and
conditions set forth in this Agreement, except that the price to be paid for the renewal periods
may be increased by up to (3) percent at the discretion of the DEPARTMENT.
Renewals 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 DEP AR TMENT'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:
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: APl6l
REV.OII03/07
Page 6 of 12
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
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 D EP AR TMENT
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
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: APl6l
REV.0l/03/07
Page 7 of 12
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 Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: APl61
REV.Ol/03/07
Page 8 of 12
EXHIBIT" A"
RESOLUTION
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: AP16l
REV.Ol/03/07
Page 9 of 12
EXHIBIT "B"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
SECTION S.R.
LOCATION DESCRIPTION
LENGTH
75050 50 START: SR 429 M.P. 6.081 3.257 Miles
(West Colonial Drive) END: Good Holmes Road M.P. 9.338
75180 437 START: Franklin Street M.P. 0.000 0.106 Miles
(Bowness Rd.) END: Silver Star Rd. M.P. 0.106
75230 439 START: E. Crown Point Rd. M.P. 6.535 0.516 Miles
(Bluford, Franklin & END: SR 437 M.P. 7.151
Plant Street)
75250 438 START: Ocoee-Apopka Rd. M.P. 0.000 3.262 Miles
(Silver Star Rd.) END: Woodhaven M.P. 3.262
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: APl6l
REV.Ol/03/07
Page 10 of 12
ACTIVITY
437
451
461
464
471
485
487
494
540
541
542
543
545
EXHIBIT "C"
DESCRIPTION
Miscellaneous Slope and Ditch Repair
Clean Storm Drains
Roadside Ditches Clean and Repair
Outfall Ditches Clean and Repair
Large Machine Mowing
Small Machine Mowing
Weed Control (Manual & Mechanical)
Chemical Weed and Grass Control
Graffiti Removal
Litter Removal
Road Sweeping (Manual)
Roadway Sweeping (Mechanical)
Edging and Sweeping
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO. APl6l
REV.0Il03/07
Page II of 12
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
STATE OF FLORIDA
DEP ARTMENT OF TRANSPORT A TION
CITY OF OCOEE
(AGENCY)
Authorized Signature (Date)
By:
Director of Transportation Operations
District Five (Date)
By:
Print Name and Title
Attest:
(SEAL)
(SEAL)
Attest:
(Date)
Executive Secretary
(Date)
LEGAL REVIEW
LEGAL REVIEW
Legal Approval
(Date)
District Counsel
(Date)
District Maintenance Engineer Approval
(Date)
City of Ocoee
FIN NO.: 244298-1-72-07
CONTRACT NO.: AP161
REV.0Il03/07
Page 12 of 12