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HomeMy WebLinkAbout2010 01 25 Consent 202 Approval of Resolution 2010-05 Highway Maintenance Memorandum of Agreement with Florida Department of Transportation for Maintenance of SR 434 COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 202 PUBLIC HEARING REGULAR January 25, 2010 MGR /DEPT P Meeting Authorization REQUEST: Public Works Department Requesting Approval of Resolution #2010 -05 authorizing the City Manager to enter into a Highway Maintenance Memorandum of Agreement with the Florida Department of Transportation for the Maintenance of State Road 434. SYNOPSIS: This resolution enables the City to enter into an agreement with FDOT for an annual reimbursement of $62,000 for the next three years of certain maintenance activities performed by the City in the State Road 434 right of way from Talmo Street to S.R. 417. The Maintenance MOA with FDOT was initiated in 1998 when the City began upgrading the median landscaping in the 434 corridor. CONSIDERATIONS: This resolution is required as a condition of the Maintenance Memorandum of Agreement (MMOA). The MMOA is required for the beautification landscaping that has been installed to remain. This would be the 5 three year MMOA. The current Maintenance Agreement will expire on March 15, 2010. 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. Subsequent three year agreements were approved on January 8, 2001, February 9, 2004 and January 22, 2007. The original reimbursement amount in 1998 was $17,500. The reimbursement for March 2009 to March 2010 is $55,362.50. The annual reimbursement from March 2010 to March 2013 will be $62,000. 0125 10 COMM Consent 202 FDOT Maintenance Renewal January 25, 2010 Consent Agenda Item 202 Page 2 The proposed Maintenance Memorandum of Agreement has no changes in the work task over the previous MMOA. The breakdown of tasks is attached in the MMOA. The agreement is required for all areas where landscaping has been installed. The current maintenance costs to the City for this scope of work is estimated at $150,000. 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 conjunction with the beautification project. 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 Expense 2010 -2013 $62,000 $150,000 FISCAL IMPACT: The $62,000 is a slight annual General Fund revenue increase used to offset the expenditures for maintaining S.R. 434, the majority of which are expensed against Urban Beautification Repair and Maintenance of Grounds line code. COMMUNICATION EFFORTS: No extras communication efforts are necessary at this time. RECOMMENDATION: It is recommended that approval of Resolution #2010 -05 be granted authorizing the City Manager to enter into a highway landscaping maintenance memorandum of agreement with the FDOT for the Maintenance of State Road 434 from Talmo Street to S.R. 417 for a three year period beginning March 2010. IMPLEMENTATION SCHEDULE: The Maintenance Memorandum of Agreement will be effective March 15, 2010 for a period of three years. Reimbursements from FDOT are on a quarterly basis. ATTACHMENTS: 1. Resolution #2010 -05 2. Maintenance Memorandum of Agreement 0125 1 0 COMM Consent 202 FDOT Maintenance Renewal Attachment No. 1 RESOLUTION NO. 2010 -05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING 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 maintain various rights -of -way areas within the City of Winter Springs by landscaping to a higher standard than provided by FDOT; and WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to enter into a Highway 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: SECTION I The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a Highway 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 day of 2010. CITY OF WINTER SPRINGS, FLORIDA ATTEST: JOHN F. BUSH, MAYOR CITY CLERK 012510 COMM Consent 202 FDOT Maintenance Renewal THE CITY OF WINTER SPRINGS AND THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT Contract No.: APS70 THIS Agreement, entered into this day 2010 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 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 2010 attached hereto as EXHIBIT "A which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 1 of 11 NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped and/or turfed areas within DEPARTMENT rights -of -way having limits described by Exhibit B or subsequent amended limits mutually agreed to in writing by both parties. For the purpose of this Agreement, the maintenance to be provided by the CITY is defined in EXHIBIT "C or as defined by subsequent amended definitions agreed in writing by both parties. 2. In the event of a natural disaster (i.e. hurricane, tornado, etc.) or other normal occurrences such as vehicle accidents and hazardous waste spills, the CITY and the Department will cooperate and coordinate the use of the their respective resources to provide for the clean up, removal and disposal of debris or other substances from the Department's right of way (described in Exhibit `B" or subsequently amended limits mutually agreed to in writing by the parties hereto). The Department shall not deduct from the payment to the CITY, costs for impairment of performance of any activity or part thereof defined in Exhibit "C as a result of such event and the redirection of CITY forces towards fulfillment of the responsibility under this article. This paragraph shall not be interpreted to reduce the CITY's right to compensation or reimbursement from any other sources (i.e., FEMA) for the debris removal or other activities of the CITY subsequent to a natural disaster or accident. 3. To the extent permitted by Florida law the CITY agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the CITY during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither the CITY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents, or 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. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 2 of 11 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 Transportation 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 Director of Transportation Operations, District 5, may, at his option, issue a written notice in care of the Public Works Director to place said CITY on notice thereof. Thereafter the CITY shall have a period of (30) thirty calendar days within which to correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: (A) Maintain the roadway shoulders, median strip or roadside area declared deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or (B) Terminate this Agreement in accordance with Paragraph 11 of this Agreement. 5. During the term of this Agreement, the DEPARTMENT may from time to time engage in transportation projects on the roads covered by this agreement. Some of those projects may involve the DEPARTMENT's construction contractor temporarily assuming maintenance responsibility for the limits of the project. In that event, the Department will notify the Local Government 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 CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 3 of 11 payment will be in the amount of $15,500.00 per quarter or a total sum of $62,000.00 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 RD., OVIEDO, FLORIDA 32765. Delivery shall be effective upon receipt of a proper quarterly invoice and any required, associated documents. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida Statutes. (A) Any penalty for delay in payment shall be in accordance with Section 215.422(3) (b), Florida Statutes. Section 215.422(5), Florida Statutes provides that all purchasing agreements between a state agency and a vendor, applicable to this section, shall include a statement of the vendor's rights and the state's responsibilities under this section. The vendor's rights shall include being provided with the name and telephone number of the Vendor Ombudsman within the Department of Financial Services. (B) The CITY should be aware of the following time frames. Upon receipt, the Department has seven working days to inspect and approve the goods and services, unless otherwise specified herein. The Department has 20 days to deliver a request for payment (voucher) to the Department of Finance. The 20 days are measured from the latter of the date the invoice is received, at the location stated herein, or the goods or services are received, inspected and approved. (C) If payment is not available within 40 days, a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the CITY. Interest penalties of less than one ($1.00) dollar shall not be enforced unless the CITY requests payment. Invoices, which have to be returned to the CITY 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. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 4 of 11 (D) A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling the State Comptrollers Hotline, 1- 800 848 -3792. 8. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 9. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the CITY's general accounting records and the project records, together with supporting documents and records of the CITY'S 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 any one 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. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 5 of 11 12. The term of this Agreement commences on the effective date of the Notice to Proceed issued to the CITY by the Department's District Maintenance Engineer, District 5, and shall continue for a period of three (3) years from the effective date of issued Notice to Proceed. This Agreement may be renewed for a period that may not exceed one three (3) year term. Renewal shall be contingent upon satisfactory perfonnance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Agreement. The Renewal shall be made at the discretion and option of the Department and agreed to in writing by both parties; i.e., the Authorized Signatory for the CITY, and the Director of Transportation Operations, District 5, for the DEPARTMENT. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. The term of this Agreement may be extended for a period not to exceed six (6) months, upon written Agreement by both parties and subject to the same terms and conditions as applicable for renewal of this Agreement. 13. In the event this Agreement extends beyond the 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 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 CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 6 of 11 any such Contract or other binding commitment of funds. Nothing herein contained shall prevent the making of Contracts for periods exceeding one (1) year, but any Contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all Contracts of the 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. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 7 of 11 EXHIBIT "A" RESOLUTION CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 8 of 11 EXHIBIT "B" THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE: SECTION S.R. LOCATION DESCRIPTION LENGTH 77120 SR434 From Talmo to SR419 MP 9.175 to 11.282 2.107 Miles 77070000 SR434 From Tuscora to SR417 MP 5.538 to 7.000 1.462 Miles 77070002 SR434 From SR419 for Tuskawilla MP 0.000 to 0.851 0.851 Miles 77070003 SR434 From Tuskawilla to Tuscora MP 0.000 to 2.020 2.02 Miles CITY OF WINTER SPRINGS FIN NO 244880- 1 -78 -01 CONTRACT NO APS70 Page 9 of 11 EXHIBIT "C" ACTIVITY DESCRIPTION 433 Sodding 435 Seeding, Fertilizing and Mulching 437 Misc Slope and Ditch Repair 451 Clean drainage Structures 459 Concrete Sidewalk Repair 471 Large Machine Mowing 485 Small Machine Mowing 487 Weed Control (Manual) 490 Fertilizing 492 Tree Trimming and Removal 493 Landscape Area Maintenance 494 Chemical Weed and Grass Control 498 Storm Water Management 527 Fence Repair 541 Roadside Litter Removal 542 Road Sweeping (Manual) CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 10 of 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 CITY OF WINTER SPRINGS (AGENCY) By: By: (Date) Director of Transportation Operations (Date) District Five (Date) Attest: (SEAL) Attest: (SEAL) (Date) Executive Secretary (Date) LEGAL REVIEW LEGAL REVIEW Legal Approval (Date) District Counsel (Date) Di'&tfi Maintenance Engineer pproval (Date) CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO APS70 Page 11 of 11 RESOLUTION NO. 2010 -05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING 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 maintain various rights -of -way areas within the City of Winter Springs by landscaping to a higher standard than provided by FDOT; and WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to enter into a Highway 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: SECTION I - The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a Highway 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 p p p by the Mayor and City Commission. SECTION III - This Resolution shall take effect immediately upon its passage and approval. Passed and adopted this 25 day of January, 2010. CI OF WINTER SPRINGS, FLORIDA ATTEST': J F. BUSH, MAYOR aiy ERK � r THE CITY OF WINTER SPRINGS AND THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT Contract No.: APS70 THIS Agreement, entered into this day , 2010 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 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 , 2010 attached hereto as EXHIBIT "A ", which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 1 of 11 NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped and/or turfed areas within DEPARTMENT rights -of -way having limits described by Exhibit "B ", or subsequent amended limits mutually agreed to in writing by both parties. For the purpose of this Agreement, the maintenance to be provided by the CITY is defined in EXHIBIT "C ", or as defined by subsequent amended definitions agreed in writing by both parties. 2. In the event of a natural disaster (i.e. hurricane, tornado, etc.) or other normal occurrences such as vehicle accidents and hazardous waste spills, the CITY and the Department will cooperate and coordinate the use of the their respective resources to provide for the clean up, removal and disposal of debris or other substances from the Department's right of way (described in Exhibit "B" or subsequently amended limits mutually agreed to in writing by the parties hereto). The Department shall not deduct from the payment to the CITY, costs for impairment of performance of any activity or part thereof defined in Exhibit "C ", as a result of such event and the redirection of CITY forces towards fulfillment of the responsibility under this article. This paragraph shall not be interpreted to reduce the CITY's right to compensation or reimbursement from any other sources (i.e., FEMA) for the debris removal or other activities of the CITY subsequent to a natural disaster or accident. 3. To the extent permitted by Florida law the CITY agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the CITY during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which the DEPARTMENT or said parties may be subject, except that neither the CITY nor any of its subcontractors will be liable under this y 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. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 2 of 11 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 Transportation 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 Director of Transportation Operations, District 5, may, at his option, issue a written notice in care of the Public Works Director to place said CITY on notice thereof. Thereafter the CITY shall have a period of (30) thirty calendar days within which to correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: (A) Maintain the roadway shoulders, median strip or roadside area declared deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or (B) Terminate this Agreement in accordance with Paragraph 11 of this Agreement. 5. During the term of this Agreement, the DEPARTMENT may from time to time engage in transportation projects on the roads covered by this agreement. Some of those projects may involve the DEPARTMENT's construction contractor temporarily assuming maintenance responsibility for the limits of the project. In that event, the Department will notify the Local Government 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 CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 3 of 11 payment will be in the amount of $15,500.00 per quarter or a total sum of $62,000.00 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 RD., OVIEDO, FLORIDA 32765. Delivery shall be effective upon receipt of a proper quarterly invoice and any required, associated documents. 7. Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida Statutes. (A) Any penalty for delay in payment shall be in accordance with Section 215.422(3) (b), Florida Statutes. Section 215.422(5), Florida Statutes provides that all purchasing agreements between a state agency and a vendor, applicable to this section, shall include a statement of the vendor's rights and the state's responsibilities under this section. The vendor's rights shall include being provided with the name and telephone number of the Vendor Ombudsman within the Department of Financial Services. (B) The CITY should be aware of the following time frames. Upon receipt, the Department has seven working days to inspect and approve the goods and services, unless otherwise specified herein. The Department has 20 days to deliver a request for payment (voucher) to the Department of Finance. The 20 days are measured from the latter of the date the invoice is received, at the location stated herein, or the goods or services are received, inspected and approved. (C) If payment is not available within 40 days, a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the CITY. Interest penalties of less than one ($1.00) dollar shall not be enforced unless the CITY requests payment. Invoices, which have to be returned to the CITY 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. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO APS70 Page 4 of 11 (D) A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling the State Comptrollers Hotline, 1- 800 - 848 -3792. 8. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof 9. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the CITY's general accounting records and the project records, together with supporting documents and records of the CITY'S 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 any one 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. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 5 of 11 12. The term of this Agreement commences on the effective date of the Notice to Proceed issued to the CITY by the Department's District Maintenance Engineer, District 5, and shall continue for a period of three (3) years from the effective date of issued Notice to Proceed. This Agreement may be renewed for a period that may not exceed one three (3) year term. Renewal shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Agreement. The Renewal shall be made at the discretion and option of the Department and agreed to in writing by both parties; i.e., the Authorized Signatory for the CITY, and the Director of Transportation Operations, District 5, for the DEPARTMENT. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability - of funds. The term of this Agreement may be extended for a period not to exceed six (6) months, upon written Agreement by both parties and subject to the same terms and conditions as applicable for renewal of this Agreement. 13. In the event this Agreement extends beyond the 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 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 CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 6 of 11 any such Contract or other binding commitment of funds. Nothing herein contained shall prevent the making of Contracts for periods exceeding one (1) year, but any Contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all Contracts of the 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, may not transact business with any public entity in excess of the threshold y, y y p y hresho d amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months following the date of being placed on the convicted vendor list. CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 7 of 11 EXHIBIT "A" RESOLUTION CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO.: APS70 Page 8 of 11 , EXHIBIT "B" THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE: SECTION S.R. LOCATION DESCRIPTION LENGTH 77120 SR434 From Talmo to SR419 MP 9.175 to 11.282 2.107 Miles 77070000 SR434 From Tuscora to SR417 MP 5.538 to 7.000 1.462 Miles 77070002 SR434 From SR419 for Tuskawilla MP 0.000 to 0.851 0.851 Miles 77070003 SR434 From Tuskawilla to Tuscora MP 0.000 to 2.020 2.02 Miles CITY OF WINTER SPRINGS FIN NO 244880- 1 -78 -01 CONTRACT NO APS70 Page 9 of 11 EXHIBIT "C" ACTIVITY DESCRIPTION 433 Sodding 435 Seeding, Fertilizing and Mulching 437 Misc Slope and Ditch Repair 451 Clean drainage Structures 459 Concrete Sidewalk Repair 471 Large Machine Mowing g 485 Small Machine Mowing 487 Weed Control (Manual) 490 Fertilizing 492 Tree Trimming and Removal 493 Landscape Area Maintenance 494 Chemical Weed and Grass Control 498 Storm Water Management 527 Fence Repair 541 Roadside Litter Removal 542 Road Sweeping (Manual) CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 _ CONTRACT NO APS70 Page 10 of 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 CITY9F WESTER SPRINGS (AGNCY) By: 1, By: ruary 2010 (Date) Director of Transportation Operations (Date) District Five (Date) Attest: • -'� (SEAL) Attest: (SEAL) (Date) Executive Secretary (Date) LEGAL REVI W LEGAL REVIEW o p, Legal Approval (Date) District Counsel (Date) Dist ' - 1 : intenance Engineer Approval �. / s /Q ( ate) CITY OF WINTER SPRINGS FIN NO.: 244880- 1 -78 -01 CONTRACT NO APS70 Page 11 of 11