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HomeMy WebLinkAbout2001 01 08 Consent D Resolution 2001-01 Highway Beautification Grant COMMISSION AGENDA ITEM D CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR January 8, 2001 Meeting MG~ /DEPT J~ Authorization REQUEST: Public Works Department Requesting Approval of Resolution #2001-01 authorizing the City Manager to apply for a highway beautification grant, enter into a highway beautification grant memorandum of agreement, and enter into a highway landscaping maintenance memorandum of agreement with the Florida Department of Transportation for the Beautification and Maintenance of State Road 434. PURPOSE: The purpose of this Board item is to request Approval of Resolution #2001-01 authorizing the City Manager to apply for a highway beautification grant, enter into a highway beautification grant memorandum of agreement, and enter into a highway landscaping maintenance memorandum of agreement with the Florida Department of Transportation for the Beautification of S.R. 434 from Tuskawilla Road to S.R. 417 and Maintenance of State Road 434 from Talmo Street to S.R. 417. CONSIDERA TIONS: This resolution is required as a condition of the Highway Beautification Grant application and also the Maintenance Memorandum of Agreement. The City Commission initially approved on February 9, 1998 a Maintenance Memorandum of Agreement with FDOT for the maintenance of S.R. 434 from Talmo Street to Tuskawilla Road with two one year renewal options. Each of the renewal options were approved by the City Commission with the most recent approval occurring on February 14,2000. The Maintenance Agreement will expire in March 15,2001. Ol0801CD.doc January 8, 2001 Consent Agenda Item D Page 2 The proposed Maintenance Memorandum of Agreement expands the scope to the recently finished section of S.R. 434 from Tuskawilla Road from S.R. 417 with the City responsible for the same tasks as before which are outlined in Exhibit "B" ofthe agreement. The agreement is required for all areas where landscaping is proposed. The original contract was approved in 1998 for a reimbursement of $1 7,500 with subsequent renewal reimbursements of$18,025 and $18,565.75 in 1999 and 2000, respectively. The new agreement provides for a reimbursement of $45,000 the first year with renewals increasing by up to 3%. This agreement is for the period March 16,2001 to March 15, 2002. The current landscape maintenance contract costs the City $35,724. The higher cost is due to the increased frequencies, fertilization, pest control, mulching and an overall higher level of service over the FDOT standard that was adopted in junction with the beautification project. In addition, we incur costs of about $4,000 per year for the other associated maintenance activities included in the contract. These include pond maintenance, litter removal, sidewalk repairs, inlet cleaning, sodding, and tree trimming. The reimbursement for the highway maintenance activities covers and exceeds the actual costs for the highway maintenance portion. The landscape maintenance component of the revenues from FDOT does not cover expenses. Maintenance Agreement Reimbursement Existing $18,565.75 Proposed (current) $45,000 Proposed (after beautification) $45,000 Expense $35,724 $60,000 (estimated) $75,000 FUNDING: The additional expenditures for maintaining the added portion of S.R. 434 were anticipated in the current budget in the Public Works Repair and Maintenance of Grounds line code (4410-54682). The General Fund reimbursement revenues for FY2001 will be slightly higher at $30,000 than the budgeted $26,000. 010801CD.doc January 8, 2001 Consent Agenda Item D Page 3 RECOMMENDATION: It is recommended that approval of Resolution #2001-01 be granted authorizing the City Manager to apply for a highway beautification grant, enter into a highway beautification grant memorandum of agreement, and enter into a highway landscaping maintenance memorandum of agreement with the FDOT for the Beautification of S.R. 434 from Tuskawilla Road to S.R. 417 and Maintenance of State Road 434 from Talmo Street to S.R. 417. IMPLEMENTATION SCHEDULE: If the resolution is approved, the Highway Beautification Grant will be submitted by February 1, 2001. The subsequent highway beautification grant memorandum of agreement required to accept funds will not be executed prior to the City Commission approving the commitment City funds and/or resources. The maintenance memorandum of agreement would be effective March 16, 2001. Reimbursements are on a quarterly basis. ATTACHMENTS: 1. Resolution #2001-01 2. Maintenance Memorandum of Agreement COMMISSION ACTION: OJ0801CD.doc RESOLUTION NO. 2001-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT, ENTER INTO A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT, AND ENTER INTO A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVDING AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of-way areas must be maintained and attractively landscaped: and WHEREAS, the Mayor and City Commission desire that the City of Winter Springs beautify and improve various rights-ot-way areas within the City of Winter Springs by landscaping; and WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to apply for a Highway Beautification Grant, enter into a Highway Beautification Grant Memorandum of Agreement, and enter into a Highway Landscaping Maintenance Memorandum ot Agreement between the City of Winter Springs and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission of the City of Winter Springs hereby authorizes the City Manager to apply for a Highway Beautification Grant and enter into a Highway Beautification Grant Memorandum of Agreement and enter into a Highway Landscaping Maintenance Memorandum of Agreement between the City of Winter Springs and the State of Florida Department of Transportation in a form acceptable to the City Commission. SECTION II - The City Clerk of The City of Winter Springs is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the Mayor and City Commission. SECTION III - This Resolution shall take effect immediately upon its passage and approval. Passed and adopted this 8th day of January ,2001. CI LOR'IDA '_ I ATTEST: cA.Q, ~L CLERK ATTACHMENT NO.2 .', CITY OF WINTER SPRINGS AND THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT Contract No.: AJ479 THIS Agreement, entered in~o this _ day of , 2001, 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 WINTER SPRINGS 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; and WHEREAS, the CITY hereto is of the opinion that said roadway, roadside areas ~ and tbedian 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 ,20_, 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. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 1 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 Exhibit A, 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 B. 2. The CITY shall be responsible for clean-up, removal and disposal of all debris from the DEP AR TMENT'S rights-of-way (described by Exhibit A, 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 B, 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 ha111Jless 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. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 17202 Contract: AJ479 Page 2 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 ofthe 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 qeclared deficient with the DEPARTMENT or a Contractor's material, equipment and persOlmel. 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. It is understood between the parties hereto that the work covered by this Agreement maybe adjusted at any time in the future upon written agreement signed by both parties as found I 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 of WINTER SPRINGS, 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$II,250.00 per quarter for a total sum of MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 3 $45,000.00 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 FL 32765. Delivery shall be effective upon receipt of a proper quarterly invoice which details all quantities completed and is accompanied by any associated documents. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida Statutes, The CITY 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 as provided further herein and allowed by Section 215.422(1), Florida Statutes. In furtherance of Section 215.422 of the Florida Statutes, the parties agree as follows: (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 Banking and Finance. (B) The CITY should be aware of the following time frames. Upon receipt, the MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 4 Department h~ seven (7) working days to inspect and approve the goods and services, as . allowed by said statute. 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 a proper invoice is received at the location stated herein or the goods or services are received, inspected and approved, whichever occurs later. (C) Ifpayment is not available within 40 days, interest at the rate set by Section 55.03 of the Florida Statute, will be 'due and payable, in addition to the invoice amount, to the CITY. Interest penalties ofless 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. (D) 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 (850) 410-9724 or by calling the State Comptrollers t 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, 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. 9. Records of costs incurred under terms of this Agreement shall be maintained and made MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 5 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. 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 ofthis 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 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, or if the original term is greater than one year for no longer MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 6 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 three (3) percent. 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. 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 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 addifion, Section 339. 135(6)(a) of the Florida Statutes is incorporated by reference, and set forth herein below as follows: F.S. II 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) MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FlN NO.: 244880 I 72 02 Contract: AJ479 Page 7 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. 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 ROADWAY AND TRAFFIC STANDARDS CURRENT EDITION, INDEX 600 SERIES. 15. This writing embodies the entire agreement and under-standing between the parties hereto and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. This Agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 17. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. 'j 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 on a contract to provide any goods or services to a public entity, may no.t submit a bid on a contract with 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, 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, for MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 8 CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 9 EXHIBIT "A" THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE: SECTION S.R. 77120 SR434 77070000 SR434 77070002 SR434 , 1 LOCATION DESCRIPTION LENGTH From Talmo St to SR419 MP 9.175 to 11.282 From SR419 to SR417 MP 2.500 to 7.000 This is the Realignment Area MP 0.000 to 2.020 MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 1 0 EXHIBIT liB" ACTIVITY DESCRIPTION REPORTING 432 433 435 436 437 451 459 471 484 485 487 489 490 492 493 494 498 541 ~42 545 Spot Repair Shoulder - Manual Sodding Seed/F ertilize/Mulch Rework Shoulder - Slope Misc. Slope/Ditch Clean Storm Drain Concrete Sidewalk Repair Large Machine Mowing Intermediate Machine Mowing Small Machine Mowing Weed Control - Manual Wild Flowers Fertilization Tree Trimming Landscape Area Maintenance Chemical Weed and Grass Control Storm Water Management Litter PIck-Up and Removal Road Sweeping - Manual Edging and Sweeping Square Yards Square Yards Acres Acres Cubic Yards Linear Feet Square Yards Acres Acres Acres Acres Acres Tons Manhours Square Yards Gallons Acres Acres Curb Miles Edge Miles These activities shall be performed in accordance with the Departments performance standards. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 11 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 Counsel FISCAL WILL STAMP FUNDS APPROVAL: CITY OF: BY: '1 MAYOR Attest: CITY Manager APPROVED AS TO FORM AND LEGALITY: CITY Attorney MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 12 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER 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 WINTER SPRINGS, FLORIDA: SECTION ONE. That the Mayor and CITY Manager are hereby authorized 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 TWO. That this Resolution shall take effect immediately upon its adoption. APPROVED AND AUTHENTICATED this day of ,19_. Mayor ATTEST: CITY Manager MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 13 \'~ . /'. .'~ CITY OF WINTER SPRINGS AND THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHW AX MAINTENANCE MEMORANDUM OF AGREEMENT Contract No.: AJ479 f 1./ Vt- ;rt .THIS Agreement, entered in~a this~day OfJ~2001, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a camponent agency o.fthe State o.fFlarida, hereinafter called the DEPARTMENT and the CITY OF WINTER SPRINGS State o.f Flarida, existing under the Laws o.f Flo.rida, hereinafter called the CITY, WIT N ES SET H WHEREAS, as a part afthe cantinual updating afthe State afF:Iarida Highway System, the DEPARTMENT, far the purpase af-safety, has created raadway, roadside areas and . median strips ari that part o.fthe State Highway System within the limits afthe CITY; and WHEREAS, the CITY hereto. is af the apinian that said roadway, roadside areas .' and thedian strips shall be attractively maintained; WHEREAS, the parties hereto. mutually recagnize the need fo.r entering into. an Agreement designating and setting farth the respansibilities afeach party; and i'~ ~ . WHEREAS, the CITY, by Resalutian dated the ~ day af ':P', '" '~Y' 20EJ.., attached hereto. as Attachment "A", which by reference hereto. shall became a part hereaf, desires to. enter into. this Agreement and autharizes its afficers to. do. sa. MEMo.RANDUM aF AGREEMENT CITY o.F WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page I . . 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, la~dscaped and/or turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit A, 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 B. 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 A, 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 B, 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 hanv.1ess 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 DEI> ARTMENT 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. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880172 02 Contract: A1479 Page 2 . 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 qeclared 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 oftrus 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 upon written agreement signed by both parties 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 agre~s to pay to the CITY of WINTER SPRINGS, following a Notice to Proceed, compensation for ~ecost of maintenance as described under Item 1 oftrus Agreement. The payment will be in th~ amount of $11 ,250.00 per quarter for a total sum of MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 3 $45,000.00 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 FL 32765. Delivery shall be effective upon receipt ofa proper quarterly invoice which details all quantities completed and is accompanied by any associated documents. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida Statutes. The CITY 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 as provided further. herein and allowed by Section 215.422(1), Florida Statutes. In furtherance of Section 215.422 of the Florida Statutes, the parties agree as follows: (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 ofthe 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. (B) The CITY should be aware of the following time frames. Upon receipt, the MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 4 Department has seven (7) working days to inspect and approve the goods and services, as . allowed by said statute. 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 a proper invoice is received at the location stated herein or the goods or services are received, inspected and approved, whichever occurs later. (C) If payment is not available within 40 days, interest at the rate setby Section . 55.03 of the Florida Statute, will be due and payable, in addition to the invoice amount, to the CITY. Interest penalties ofless 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. (D) 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 Ven?or Ombudsman may be contacted at (850) 410-9724 or by calling the. State Comptrollers I . 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 preauditandpostaudit 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. 9. Records of costs incurred under terms of this Agreement shall be maintained and made MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 5 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. 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 arlnual appropriation to pay for the CITY'S services to be performed hereunder. 12. The term ofthis 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 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, or if the original term is greater than one year for no longer MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 6 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 three (3) percent. 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 contingeJ:?t upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. The term ofthis Agreement may be extended for a period not to exceed six (6) months, upon written Agreement by both parties and subject to ~he 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 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 addiFion, 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)" - TheDEPARTMENT, 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 sub~ection shall be null and void, and no money shall be paid thereon. The DEP AR TMENT shall require a statement from the - Comptroller of the DEPARTMENT that funds are available prior to entering into any such Contract or oth~r binding commitment of funds. Nothing herein contained shall prevent the making of Contracts for a period exceeding one (1) MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 7. 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. 14. All work done onthe 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. 15. This writing embodies the entire agreement and under-standing between the parties hereto and there are no other agreements and understandings, oral or written, with reference to the 'subject matter hereof that are not merged herein and superseded hereby. 16. This Agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 17. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. i 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the coristructionor repair of a public building or public work, may not submit bids on leases of real property toa 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, for MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 .Contract: AJ479 Page 8 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. i MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 2448801 72 02 Contract: AJ479 Page 9 EXHIBIT "A" THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE: SECTION S.R. 77120 SR434 77070000 SR434 77070002 . SR434 LOCATION DESCRIPTION LENGTH From Talmo St to SR419 MP 9.175 to 11.282 From SR419 to SR417 MP 2.500 to 7.000 This is the Realignment Area MP 0.000 to 2.020 , ~ MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 1 0 ACTIVITY 432 433 435 436 437 451 459 . 471 484 485 487 489 490 492 493 494 498 541 ~42 545 EXHIBIT liB" DESCRIPTION REPORTING Spot Repair Shoulder - Manual Sodding SeedIF ertilize/Mulch Rework Shoulder- Slope Misc. Slope/Ditch Clean Storm Drain Concrete Sidewalk Repair Large Machine Mowing Intermediate Machine Mowing Small Machine Mowing Weed Control - Manual Wild Flowers Fertilization Tree Trimming Landscape Area Maintenance Chemical Weed and Grass Control Storm Water Management Litter PIck-Up and Removal Road Sweeping - Manual Edging and Sweeping Square Yards Square Yards Acres Acres Cubic Yards Linear Feet Square Yards Acres Acres Acres Acres Acres Tons . Manhours Square Yards Gallons Acres Acres Curb Miles Edge Miles These activities shall be performed in accordance with the Departments performance standards. MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 I 72 02 Contract: AJ479 Page 11 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: Operations trict Five i'..,.1P~ NANCY J LANDRY lW1 MY COMMISSION # cc 832118 ':'....'" ~^ <:>Q EXPIRES: May 29, 2oo3 ~~~ . 1-800-3-NOTARY Ra. NolllIy SeM08 & Bonding'Co. Attest: Executiv r Notary ~ Form and Legality, District Cqmnsel FISCAL WILL STAMP FUNDS APPROVAL: CITY OF: iJI fl fer ~Prt~9J . I BY: p~"'\.~Oft Attes CITY MaH6.ger "/er/.r APPROVED AS TO FORM.AND LEGALITY: CITY Attorney MEMORANDUM OF AGREEMENT CITY OF WINTER SPRINGS FIN NO.: 244880 1 72 02 Contract: AJ479 Page 12 RESOLUTION NO. 2001-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT, ENTER INTO A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM 'OF AGREEMENT, AND ENTER INTO A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVDING AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips abutting Department of Transportation rights-of-way areas must be maintained and attractively landscaped: and WHEREAS, the Mayor and City Commission desire that the City of Winter Springs beautify and improve various rights-of-way areas within the City of Winter Springs by landscaping; and . WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to apply for a Highway Beautification Grant, enter into a Highway Beautification Grant Memorandum of Agreement, and enter into a Highway Landscaping Maintenance Memorandum of Agreement between the City of Winter Springs and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: ATTEST: ckL~-