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HomeMy WebLinkAboutItem 08 Consideration to Approve Memorandum of Agreement with FDOT for Maintenance of Right-of-Way on SR 50, 437, and 438; and Authorize Mayor and City Clerk to Execute the Agreement and Resolution center of Good Li ..~ O~~t6 AGENDA ITEM COVER SHEET Meeting Date: April 5, 2005 Item # B.. Contact Name: Contact Number: Bob Zaitooni 6002 Reviewed By: Department Director: City Manager: ~~-- Subject: Memorandum of Agreement - FOOT RIW Maintenance Background Summary: The current Maintenance Memorandum of Agreement between the Florida Department of Transportation (FDOT) and the City will expire on April 30, 2005. FDOT now wishes to enter into a new contract for the City to provide maintenance activities for the portions of SR 50, SR 437, and SR 438 within the City limits. This contract will be for one year with optional renewal for an additional two years. A quarterly sum of$8,125.00 ($32,500.00 annually) will be paid to the City. A 3% annual increase will automatically be provided for years 2 and 3 subject to renewal by the City. Issue: City Commission to approve Memorandum of Agreement for R/W maintenance with FDOT. Recommendations City Commission to approve the Memorandum of Agreement and adopt a Resolution authorizing the Mayor and Clerk to execute the Memorandum of Agreement. Attachments: Four (4) copies ofthe Memorandum of Agreement and City Commission Resolution. Financial Impact: First year revenue for the City is estimated at $32,500.00. Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution o Commission Approval o Discussion & Direction For Clerk's Def)t Use: [8] Consent Agenda o Public Hearing o Regular Agenda [gI Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) o N/A o N/A o N/A City Manager Robert Frank Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Bob Zaitooni, Director of Public Works DATE: March 29, 2005 RE: Memorandum of Agreement for FDOT R/W Maintenance ISSUE Should the Honorable Mayor and City Commission approve the Memorandum of Agreement with FDOT for right-of-way maintenance on State Roads 50, 437, and 4381 BACKGROUNDIDISCUSSION The current Maintenance Memorandum of Agreement between the Florida Department of Transportation (FDOT) and the City will expire on April 30, 2005. FDOT now wishes to enter into a new contract for the City to provide maintenance activities for the portions of SR 50, SR 437, and SR 438 within the City limits. This contract will be for one year with optional renewal for an additional two years. A quarterly sum of$8, 125.00 ($32,500.00 annually) will be paid to the City. A 3% annual increase will automatically be provided for years 2 and 3 subject to renewal by the City. Attached are three (3) copies of the Agreement and City Commission Resolution for approval and execution by the Mayor and City Clerk. RECOMMENDATION Staff respectfully requests that the City Commission approve the Memorandum of Agreement for right-of-way maintenance and between FDOT and adopt the Resolution authorizing the Mayor and the Clerk to execute the Agreement. Revised February 14, 2005 THE CITY OF OCOEE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION IDGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT Contract No.: ANY67 THIS Agreement, entered into this day ,2005 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 ofOCOEE, 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 ,2005 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. CityofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 1 ofI1 Revised February 14, 2005 NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: I. 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. The CITY shall be responsible for clean up, removal and disposal of all debris from the DEPARTMENT'S rights-of-way (described by EXHIBIT "B", 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 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. 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 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 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 CityofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 2 of 11 Revised February 14, 2005 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 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 of the 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. 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 of this Agreement. The payment will be in the amount of $8,125.00 per quarter or a total sum of $32,500.00 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 City ofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 3 of 11 Revised February 14, 2005 shall be sent to the Maintenance Contract Engineer of the Department at 2400 Camp Rd, Oviedo Fl, 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 ofless than one ($1.00) dollar shall not be enforced unless the CITY requests payment. 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. (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 City ofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 4 of11 Revised February 14, 2005 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 [mal 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 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. 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 of this Agreement. (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. CityofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 5 of 11 Revised February 14, 2005 This Agreement has a renewal option. Renewals shall be on an annual basis not to exceed two yearly renewal periods, or if the original term is greater than one year for no longer than one additional term, subject to the same prices and associated quantities as well as all other 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 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. 13. 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 DEP AR TMENT 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: 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 CityofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 6 of 11 Revised February 14, 2005 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 DEPARTMENT 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 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. CityofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 7 of 11 ATTACHMENT A RESOLUTION NO. 2005- 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 VITI 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. Severabilitv. 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 TmS DAY OF , 2005. FOLEY & LARDNER LLP By: City Attorney day of ,2005. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON , 2005, UNDER AGENDA ITEM NO. Revised February 14, 2005 EXHffiIT "B" THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE: SECTION S.R. LOCATION DESCRIPTION LENGTH 75050 50 START~ W offard Rd. 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 438 START: E. Crown Point Rd. M.P. 6.664 0.487 Miles (Franklin & END: SR 437 M.P. 7.151 Plant Street) 75250 438 START: S.R. 437 Bowness M.P. 0.000 3.551 Miles (Silver Star Rd.) END: County Road 435 M.P. 3.551 TOTAL MILES 7.401 CityofOcoee FfNNO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 9 of II Revised February 14, 2005 EXHIBIT "C" ACT PAY ITEM DESCRIPTION 437 E120-1O-1 Miscellaneous Slope and Ditch Repair 451 430944-38 Clean Storm Drains 461 E120-10-1 Roadside Ditches Clean and Repair 464 E120-1O-3 Outfall Ditches Clean and Repair 471 E104-4-1 Large Machine Mowing 485 E104-4-3 Small Machine Mowing 487 E580-332-99 Weed Control (Manual & Mechanical) 494 E580-337-3 Chemical Weed and Grass Control 540 E700-487-EO Gniffiti Removal 541 EllO-30 Litter Removal 542 EllO-31-2 Road Sweeping (Manual) 543 EllO-31 Roadway Sweeping (Mechanical) 545 E110-32-1 Edging and Sweeping CityofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 10 of11 Revised February 14, 2005 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 RANSPORTATION CITY OF OCOEE (AGENCY) By: (Date) By: District Director of Operations (Date) District Five Attest: (SEAL) (SEAL) Attest: (Date) Executive Secretary (Date) LEGAL REVIEW LEGAL REVIEW Legal Approval (Date) District Counsel (Date) District Maintenance Engineer Approval (Date) CityofOcoee FIN NO.: 244298-1-72-06 CONTRACT NO.: ANY67 Page 11 of 11 Florida Department of Transportation State Road right-of-way Maintenance Contract No. ANY67 ATTEST: . Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY This day of , 2005 FOLEY & LARDNER LLP By: City Attorney CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2005 UNDER AGENDA ITEM NO.