Resolution 06-1139RESOLUTION NO.06-1139
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
ADMINISTRATOR TO EXECUTE A MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF LO:NGWOOD AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
MAINTENANCE OF STATE ROAD RIGHTS -OF -WAY BY THE
CITY OF LONGWOOD, PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED., by the City Commission of the City of
Longwood, Florida, as follows:
Section I. PURPOSE:
That the Mayor and City Administrator 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 II. EFFECTIVE DATE:
That this Resolution shall take effect immediately upon its adoption.
�1
PASSED AND ADOPTED THIS D.NY OF % ai'C-�'1 A.D., 2006.
4Jr.,yor
H ood G. Bundy, .
AT TEST:
Sarah TU Mijares, City Clerk
Approved as to from and legality for the use and reliance of the City of Longwood,
Florida, only.
THE CITY OF LONGWOOD
AND
THE FLORIDA DEPARTMENT ()F TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: AOA68
--, r,
rr,
co 0
THIS Agreement, entered into this ( _day -i(1 �v , 2006 by and b AAtwee 7i
the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component ages -Ley of -,7`
e_
the State of Florida, hereinafter called the DEPARTMENT and the CITY OF LONGWOOg . r
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 [x,p -I L39 dated the
day of , 2006 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 Longwood FIN NO.: 244853-1-72-05 CONTRACT NO.: AOA68
Page 1 of 12
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 m.aurtenance of all shoulders, landscaped
and/or turfed areas w:itliiii DEPARTMENT rights--of-way having limits described. by Exhibit
"B", or subsequent arnended limits mutually agreed to in writing by both parties. For the
purpose of this Agreement, the maintenance to be provided by the CITY is defiled in :EXIII-BIT
"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 rizu.tually agreed in. writing by both parties) following a natural disaster (i.e. hurricane,
tornadoes, etc.) or froin other noniial occurrences such as velucle accidents and spills. However,
the DEPARTMENT shall not deduct fiom the payment to the CITY, costs for unparr rent of
performance of any activity or part thereof defined. in EXIEM3IT "C", as a result of such event
and the redirection of CITY forces towards fulfilhn.ent of the CITY's responsibility under this
article.
3. To the extent permitted by Floiida law the CITY agrees that it will vlden-ini.f-y and
hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and
employces 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 th.e DEPART1VIE].T or any of its officers, agents, or
employees. The Forgoing Provision is not intended to give ri.sc to Rights in any third party to
recover damages from the CITY, nor Is it intention. to constitute a waiver of sovereign iminunity.
City of Longwood FIN NO.: 244853-1. 72-05 CONTRACT NO.: A.OA68
Page 2 of 12
4. If, at any time while the terms of this Agreement Eire ui effect, It shall come to the
attention of the IDEPARTMENT'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. TI-ereafter the CITY shall have a. period of (30)
thirty calendar days within which to correct the ciled deficiency or deficiencies. :If said.
deficiency or deficiencies are not corrected within this tune period the DEPARTMENT may at
its option, proceed as follows:
(A) Maintain the roadway shoulder;?, median strip or roadside area. declared
deficient with the DEPARTMENT or a Contractor's material, equipment and persomiel. 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 tbi.s
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. Soin.e 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.
Go,vernzuent 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 rele;used from its obligation.to perfo
nrm
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: fonnuld 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 Longwood � � FIN NO.: 24485.3-1 •72-05 CONTRACT NO.:: �A.OA68
Page 3 of 12
payment will be :in the amount of $10,862.50 per quarter or a total sum of $43,450.00 per year.
In the event this Agreement is teriTifiiated as established by Paragraph 11 herein, payment shall
be prorated to the date teiiiiination occurs. Detailed quarterly invoices, as provided further
herein shall be sent to the Maintenance Contract: Engineer of the Department at 2400 Camp
Road, Oviedo F132765. Delivery shall be effective upon. receipt of a proper quarterly ulvoice
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 paynaolit 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 quid a vendor, applicable to tliis section, shall
include a statement of the vendor's rights and the state's responsibilities under this section. The
vendor's rights shall unclude being provided with the name and telephone number of the Vendor
Ombudsman within the Department o:CFmi ancial 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 seiyices are received, 1 ispected
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, i1i addition to
the uzvoice 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 vn the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the Department.
City of Longwoodµ Wµu«� FIN NO. 244853-1-72-05 CONTRACT NO.: AOA68
Page 4 of 12
(D) A Vendor Onibudsinan has been established within the Department of
Finazlcial Services. The duties of this individual include acting as an advocate for vendors who
may be experiencing problems ill obtaining tiiHlely payinent(s) fionn. the Department. The
Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptrollers
I-Iotlinie, 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 postaudi"I, thereof.
9. Records of costs incurred under tennis of this Agreement shall be rna.intanied 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 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.
1.0. 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 growids for immediate unilateral cancellation of this ,Agreement by the Department,
11. This Agreement or any part thereof is`subject to t6un.ination' under any one of the .
following conditions:
(A) ' In the event the DEPARTMENT exercises the option i.den' tii.fied by
Paragraph 4 of this Agreement.
(B) In the event the Legislature fails to make ail annual appropriation to pay
for the CITY's services to be performed ].Hereunder..
City of Longwood µ�W FIN NO.: 244853-1-72-05 CONTRACT NO AOA.68
Page 5 of 12
12. The tern of this Agreement corransnces on the date a written. Notice to Proceed. is
issued to the CITY by the Department's District Alaintenance Engineer, :District 5, and shall
continue for a period of one Year from the date of issue of said Notice to Proceed..
This Agreement may be renewed for a per;:od that may not exceed three (3) years or the
term of the original contract, whichever period :is longer. Renewals shall be contingent upon
satisfactory performance evaluations by the Department and subject to the availability of funds.
Any renewal or extension shall be v1 writing and shall be subject to the same terms and
conditions set forth ui 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 pasties; i.e., the Authorized Signatory for the CITY, and the Director of
Transportation Operations, District 5, for the DEP-ARTMENT. Renewals shall be contingent
upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability
of funds.
The term of tL1is Agreement may be extended for a period not to exceed six (6) months,
upon written Agreement by both parties and subject to the same terns and conditions as
applicable for renewal of this Agreement.
13. Iri the event thus Agreement extends beyond the :DEPARTMENT'S current_ Fiscal
Year that begins on July 1 of each year and ends on June 30 of each succeedvlg 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. hi
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 DEPtkR.TMENT, during any Fiscal Year, shall
not expend money, incur any liability, or er,.ter into any Contract which, by its
terns, involves the expenditure of money, in excess of the amounts budgeted as
available for expenditure during such Fiscal Year. Any Contract, verbal or
City of LongwoodFIN NO.: 244853-1-72-05 CONTRACT NO.: AOA68
Page G of 12
written, made in violation of this subsection is null and void., and no money :m.ay
be paid on such contract. The DEPARTMENT shall require a statena.ent from the
Comptroller of the DEPARTMENT than: funds are available prior to entering into
any such Contract or other binduig convni°tnnent of funds. Notbing herein
contained shall. prevent the nnaki-i g 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 ui succeeding fiscal years, and this
paragraph shall be incorporated verbatun Lila all Contracts of the DEPARTMENT
which are for an amount in excess of $2.5,000 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
Th.e :Deparment of Transportation DESIGN STANDARDS, current edition.
15. This writi ig embodies the whole agreement and under -standing of the parties. There
are no promises, terms, conditions, or obligations other than tl..j.ose 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 pars: without
consent of the DEPARTMENT.
'.- "17. '-This Agreelndnt "shall be governed by -arid eonstitied according to dic laves of tIhe
State of Floi'i.da:
18 A person br"affiliate who, has been placed on the convicted vclidor 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 sei ices to a''piabl c entity, mayiiof s ibrrut 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
City of Longwood FIN NO.: 24485:3-1•-72-05 CONTRACT NO.: A.OA6.8
Page 7 of 12
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.
N
City of Longwood FIN NO.: 244853-1-72-05 CONTRACT NO.: AOA68
Page 8 of'12
EXHIBIT "A"
RESOLUTION
City of Longwoodw�� w FIN NO.: 244853-1•-72-05 w CONTRACT NO.: AOA68
Page 9 of 12
EXHD[3IT "B"
THE ROADWAYS INCLUDE]® :[N TIIIS AGREEMENT ARE:
SECTION S.R. LOCATION DESCRIPTION LENGTH
77120000
434
From I4 M.P. 5.195 to Talmo Road M.P. 9.185
4.00
77010000
15/600 (17/92)
From Seminola BlvC. MP 3.386 to Shepard Rd. M11 5.730
2.34
City of Longwood FIN NO.: 244853-1-72-05 CONTRACT NO.: AOA68
Page 10 of 12
EXHIBIT "C"
ACTIVITY
DESCRIPTION
433
SODDING
435
SEEDING, i + w.rILIZING, -MULCHING
436
REWORIUNG SHOULDERS
451
CLEAN DRAINAGE STRUCTURES
459
CONCRETE SIDEWALK REPAIR.
•461.
ROADSIDE DITCHES CLEAN AND RESHAPE
471.
LARGE AIACIII:NE MONXING
485
SMALL MACHINE MC►N�rING
487
NEED CONTROL - MANUAL
490
FERTILIZING
4192
TREE TREVi111ING AND I:EMOVAL
498
STORM WATER A/ANAGEMENT
FENCE REPAIR : = .
541
LITTER REMOVAL
ROAD SWEEPING (MANUAL)
545 EDGING AND SWEEPING
City of Longwood FTN NO.: 244853-1-72-05 CONTRACT NO.: AOA68
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written..
CITY OF LONGWOOD
(AGENCY)
1 `
By: L' 10 F 7,
Haywood G. Vundy, Jr. , .May'o�D- e
(Date)
(SEAL)
(SEAL) Sarah M. Mi rus , `City Clerk
(Date)
LEGAL REVIEW
Legal. proval
Richard S. TayA lor, Jr
STATE OF FLORIDA
DEPART'NIENT OF TRANSPOIUATION
By:
Director of Transportation Operations
District Five (Date)
Attest:
Executive Secretary (Date)
LEGAL REVIEW
i( ate) District Counsel (Date)
ity Attorney
District a' tei ce Engineer Approval.
(Date)
City of Longwood _ FIN NO.: 244853-1-72-05 CONTRACT NO.: AOA68
,-Page 12 of 12