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Home My WebLink AboutItem #10 Modification Incorporation E-Verify into the State Highway Lighting, Maintenance and Compensation Agreement and Resolution 2011-008 be ce nter of Good L CO AGENDA ITEM COVER SHEET Meeting Date: June 5, 2012 Item # Q Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: .- Subject: Modification Incorporating E- Verify into the State Highway Lighting, Maintenance and Compensation Agreement and Resolution 2011 -008. Background Summary: Resolution 2011 -008 and the original agreement was approved by the Commission on May 17, 2011 to provide funding from FDOT to the City to help defray the costs of street light operation and maintenance on several State highways within Ocoee's corporate limits. Following the City's execution of the agreement, the State has required the E- Verify language be incorporated into all existing contracts. The E- Verify language is now included in all new contracts with FDOT and the purpose of this item is for the City to approve incorporating said language into the Lighting contract to facilitate reimbursement. The work order under this Agreement will provide Ocoee with a payment of $27,303.00 for the 2011 -2012 fiscal year. Public Works recommends approving the modification to Resolution 2011 -008 and the work order under the State Highway Lighting, Maintenance and Compensation Agreement with the FDOT to include the E- Verify language. The City has agreed to this language in subsequent new FDOT agreements. Issue: Request the City Commission to approve modifying Resolution 2011 -008 incorporating the E- Verify requirements into the work order for the State Highway Lighting, Maintenance and Compensation Agreement with the FDOT. Recommendations Recommend the City Commission approve the modification of Resolution 2011 -008 and the work order for the State Highway Lighting, Maintenance and Compensation Agreement, AM -626, with the FDOT, to incorporate the E- Verify requirements and authorize the Mayor and City Clerk to execute the Agreement. Attachments: E- Verify Modification. Executed State Highway Lighting, Maintenance and Compensation Agreement, AM -626. Resolution 2011 -008. Modified Resolution 2012 - Financial Impact: The $27,303.00 revenue is incorporated into the 2011 -2012 budget. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. J14 N/A Reviewed by ( ) N/A 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375- 040-68 E- VERIFY PROCUREMENT 06/11 Contract No: AM -626 Financial Project No(s): 413615- 6 -78 -03 Project Description: State Highway Lighting, Maintenance and Compensation Agreement Vendor /Consultant acknowledges and agrees to the following: Vendor /Consultant : 1. 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 Vendor /Consultant during the term of the contract; and 2. 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. Company /Firm: City of Ocoee Authorized Signature: Title: Date: 7411:1 Florida Department of Transportation RICK SCOTT 420 West Landstreet Road ANANTH PRASAD, P.E. GOVERNOR Orlando, Florida 32824 SECRETARY April 20, 2011 The Honorable Scott Vandergrift City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Subject: State Highway Lighting, Maintenance and Compensation Agreement Work Order: Fiscal Year 2011/2012 Contract No.: AM -626 Financial Project No.: 413615- 6 -78 -03 FEID No.: VF- 596019764 -002 Resolution No: 2010 -007 Dear Mayor Vandergrift: You are hereby authorized to perform maintenance of the State Highway Lighting Systems within your jurisdiction in accordance with the terms and conditions of the State Highway Lighting, Maintenance and Compensation Agreement. The total compensation for Fiscal Year 2011/2012 paid under this Work Order is $27,303.00. This amount reflects a 3% increase per unit cost from the previous year. The compensation period for this work order will begin July 1, 2011, and end June 30, 2012. Please execute and /or return the following documents directly to this office in the enclosed self- addressed envelope. In order to guarantee availability of funds, these documents must be returned to this office no later than June 7.2011. • .Sign and return this original work order confirming receipt and the City's agreement with the compensation terms listed above. • Sign, have notarized and return the enclosed State Highway Lighting, Maintenance and Compensation Agreement Certification. • If the Resolution document referenced above is no longer current, return a copy of the current Resolution. www.dot.state.fl.us State Highway Lighting, Maintenance and Compensation Agreement Work Order (FY 2011/2012) Contract No.: AM -626 Page Two of Two If you wish to receive payment for the Fiscal Year 2010/2011 Work Order, please submit an invoice to this office any time after May 19, 2011. The State Highway Lighting, Maintenance and Compensation Agreement, Paragraph 2.c. states: "Invoices may be submitted any time after May 19 of the fiscal year in which the services were provided, but no later than 180 days after the end of the fiscal year. Payment shall be made in one lump sum as provided in paragraph 4 hereof." Invoices for Fiscal Year 2010/2011 must be received no later than December 26, 2011. A sample invoice is attached for your information. Please verify that all information contained on the sample invoice is included on your invoice. If you have any questions, please contact Renee' Hutchison at 407 - 858 -5900. Attachments: State Highway Lighting, Maintenance and Compensation Agreement Certification Sample Invoice FLORIDA DE `•TMENTOF TRANS - OR Si O MAINTAINING AGENCY AA. Concurrence By: SEE ATTACHED Charles'. 77:$1- , Jr., P.E. Maintena e Engi -er Typed Name: Title: Phone: Date: www.dot.state.fl.us STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT CITY OF OCOEE SIGNATURE PAGE APPROVED: ATTEST: CITY OF OCOEE, FLORIDA : -- ikenberry, City Clerk S. Scott Vandergrift, M r DATE: Q5 \ \‘ (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPR D AS TO O AND LEGALITY ON M Vi , 2011, this I /day of , 2011. UNDER"AGENDA ITEM NO. 3 . FOLEY LARDNER LLP By: ea/54)W City Attorney STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT CERTIFICATION S. Scott Vandergrift Mayor (Name) (Title) City of Ocoee , hereby certify that the State Highway Lighting (Local Maintaining Agency) Facilities for Financial Project ID: 413615- 6 -78 -03 , Contract No.: AM - 626 In Orange County (Counties) were performed to keep all Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (ex. high mast, standard, underdeck, sign) on the roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intention damage, or acts of nature. All maintenance was performed in accordance with Agreement terms and according to the Manual of Uniform Traffic Control Devices; all other applicable local, state or federal laws, rules, resolutions or ordinances and FDOT procedures. S (1).&, C 5 - t - t I (SIGNATURE) (DATE) State of Florida County of 1) rO..r10- Sworn to and subscribed to before me this i 1 day of M OUt , 20 1 t . t \ S‘1 UYI \ \ \ OJ'RS Notary Public, State of P 1 o CI ack.._ at large. �•; '.�� TINA MIMS ,� as X013 . MY tX IIBSIIS ON 160004 My Commission expires OLXILI EXPl ES: January DD 22, 2013 Babied TIMY Build Wiry Was INVOICE Customer Name Date of Invoice: Address Invoice Number: City, State, Zip Code County: Phone F.I.D. #: To: Florida Department of Transportation Attention: Contract Manager 420 West Landstreet Road Orlando, Florida 32824 Contract No.: Dates of Service: QUANTITY DESCRIPTION TOTAL 1 LUMP SUM $0.00 SUBTOTAL TOTAL DUE NOTE: State Highway Lighting, Maintenance and Compensation Agreement Certification Must Accompany Your Invoice. RESOLUTION NO. 2011- 008 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF STREET LIGHTING ON STATE ROAD RIGHT - OF -WAYS 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 "State Highway Lighting, Maintenance and Compensation Agreement, Contract No.: AM- 626, for Fiscal Year 2011/2012" 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. City of Ocoee - Document Management System PASSED AND ADOPTED this 1 day of M0. , 2011. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA , • dvl/G V 7, AIM i kenberry, City Cler $ S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE CITY OF OCOEE BY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FO AND HELD ON M f , 2011, LEG THIS DAY OF UNDER AGENDEM NO. c-) , 2011. FOLEY & ARDNER LLP By: PatviY4)ti City Attorney City of Ocoee - Document Management Sy tern RESOLUTION NO. 2012- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO AMEND RESOLUTION 2011 -008 TO INCORPORATE THE E- VERIFY REQUIREMENTS INTO THE STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF STREET LIGHTING ON STATE ROAD RIGHT -OF -WAYS 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 amend the "State Highway Lighting, Maintenance and Compensation Agreement, Contract No.: AM- 626, for Fiscal Year 2011/2012" between the City and the Florida Department of Transportation to incorporate the E- Verify requirements, 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 day of , 2012. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE CITY OF OCOEE BY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2012, LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. , 2012. FOLEY & LARDNER LLP By: City Attorney