HomeMy WebLinkAboutResolution 94-05
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RESOLUTION NO. 94-05
A RESOLUTION 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;
SETTING FORTH AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA:
SECTION ONE. That the Mayor and City Clerk are hereby authorized and directed
to execute that "Memorandum of Agreement - Highway Maintenance" between the City of
Ocoee and the Florida Department of Transportation, a copy of which is attached hereto and
incorporated herein by reference.
SECTION TWO. That this Resolution shall take effect immediately upon its adoption.
ADOPTED this /.rd day of March, 1994.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
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S. Scott Vandergrift, Mayo
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this J ') of March, 1994.
FOLEY & LARDNER
By: ~Jk ~^^fJIJ
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON THE DATE INDICATED
ABOVE UNDER AGENDA ITEM
NO. V( j) .
MEMORANDUM OF AGREEMENT - HIGHWAY MAINTENANCE
THIS AGREEMENT, entered into this
day of
, 1994, by and between the STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, a component agency of the State of
e
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
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
ebenefits 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, and turfed areas within DEPARTMENT rights-of-way
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MEMORANDUM OF AGREEMENT
PAGE 1
having limits described by Item 20, 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 21.
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 the contract, 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 sole negligence of the DEPARTMENT or any of its officers,
agents, or employees.
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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
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MEMORANDUM OF AGREEMENT
PAGE 2
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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
(B). Terminate this agreement In accordance with Item 12
of this agreement.
5. It is understood between the parties hereto that the
landscapIng covered by this Agreement may be removed, relocated or
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
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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.
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MEMORANDUM OF AGREEMENT
PAGE 3
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8. Any penalty for delay in payment shall be in
accordance with Section 215.422(3)(b), Florida Statutes. Effective
May 28, 1991, Section 215.422(5), Florida Statutes was amended as
follows:
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 following language, required by Section
215.422(5) Florida Statutes, is hereby incorporated into this
contractual agreement executed by the parties and shall be
considered a part thereof: "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 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 penalty of .03333 percent per 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
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MEMORANDUM OF AGREEMENT
PAGE 4
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."
9. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
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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 includes 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
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:
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MEMORANDUM OF AGREEMENT
PAGE 5
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(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.
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 6
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annual appropriation by the Legisl;::!t,\Jrp,
F.S. 334.21(8)(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 additional landscaping within
the limits of the rights-of-way identified as a result of this
document, subject to the following conditions:
(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;
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(D) The CITY agrees to complete, execute and comply with
the requirements of the DEPARTMENT'S standard permit;
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MEMORANDUM OF AGREEMENT
PAGE 7
(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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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 Safe Practices for
Streets and Highway Construction and the Department of
Transportation Standard Index Series 600.
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.
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MEMORANDUM OF AGREEMENT
PAGE 8
20. The roadways included in this agreement are:
SECTION
S.R.
DESCRIPTION & M.P. to M.P.
LENGTH
75050
50 W, Colonial; Woffard Rd, M,P, 6.081 to Good Holms Rd, M.P, 9,338
3.257 miles
6.081 to 9.338= 3.257 X 4 lanes;
75180 437 Bowness Rd,(Ocoee-Apopka Rd); Franklin St, M,P, 0,000 to Silver Star Rd, M,P, 0,106, 0,106 miles
0.000 to 0.106= 0.106 X 2 lane;
75250
438 Silverstar Rd,; S.R, 437 M.P, 0.000 to County 435 at M,P, 3,551
3.551 miles
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0.000 to 3,551= 3,551 X 2 lane;
75230 439 Bluford, Franklin, Plant St.; E, Crown Point Rd, M,P. 6.535 to S,R, 50 M,P, 8,965 2,430 miles
6,535 to 8,965= 2,430 X 2 lane;
TOTAL LANE MILES THIS AGREEMENT = 25.202
21. The routine maintenance activities to be included
under the agreement are as follows:
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ACTIVITY
411
414
431
432
433
435
436
437
451
457
459
461
471
484
485
487
492
494
526
527
540
541
542
543
545
DESCRIPTION
plant Mix Patch (Manual)
Base Repair
Motor Grader Operation
spot Repair Non Paved Shoulder (Manual)
Sodding
Seed/Grass/Fertilizer
Rework Shoulder & Slopes
Miscellaneous Slope/Ditch
Clean storm Drains (Manual & Mechanical)
Concrete Repair
Concrete Sidewalk Repair
Roadside Ditches Clean and Repair
Large Machine Mowing
Intermediate Mowing
Small Machine Mowing
Weed Control (Manual & Mechanical)
Tree Trimming
Chemical Weed & Grass Control
Guardrail Repair
Fence Repair
Graffiti Removal
Litter Removal
Roadway Sweeping Manual
Roadway Sweeping (Mechanical)
Edging & Sweeping
These activities shall be performed In accordance with the
DEPARTMENT'S performance standards.
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MEMORANDUM OF AGREEMENT
PAGE 9
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:
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Executive Secretary or Notary
Approved as to Form and Legality:
District General Counsel
FISCAL WILL STAMP FUNDS APPROVAL:
CITY OF: OCOEE, FLORIDA
BY:
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.
APPROVED AS TO FROM AND LEGALITY
this of March, 1994.
FOLEY & LARDNER
By:
City Attorney
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MEMORANDUM OF AGREEMENT
PAGE 10
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ATTACHMENT A
RESOLUTION NO. 94-05
A RESOLUTION 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;
SETTING FORTH AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA:
SECTION ONE. That the Mayor and City Clerk are hereby authorized and directed
to execute that "Memorandum of Agreement - Highway Maintenance" between the City of
Ocoee and the Florida Department of Transportation, a copy of which is attached hereto and
incorporated herein by reference.
SECTION TWO. That this Resolution shall take effect immediately upon its adoption.
ADOPTED this day of March, 1994.
ATTEST: APPROVED:
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 of March, 1994.
FOLEY & LARDNER
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON THE DATE INDICATED
ABOVE UNDER AGENDA ITEM
NO.
By:
City Attorney