Ordinance 10-1925 ORDINANCE NO. 10 -71925
AN ORDINANCE INANC E OF THE CITY Or LONGWOOD, FLORIDA_,
. APPROVING A MEMORANDUM OF AGREEMENT EM1 ENT WIITIHI THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR
MAINTENANCE OF STATE ROUTE 434 AND US 17/92.
Whereas, the City of Longwood has previously provided maintenance of SR 434 and US
17/92 under a Memorandum of Agreement with the Florida Department of
Transportation, and
Whereas, said subject roadways are located in the City of Longwood, and
Whereas, the Florida Department of Transportation desires to enter into a Memorandum
of Agreement with the City of Longwood for a three year period with annual payments to
the City of Longwood in the amount of $52,000 per year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE •
CITY OF LONGWOOD, FLORIDA, AS 'O TLLOWS:
Section I; Approves the execution of the Memorandum of Agreement with the
Florida Department of Transportation for the City of Longwood to maintain SR 434 and
US 17/92 for a period of three years with annual payments to the City of Longwood in
the amount of $52,000.
Section 2: All Ordinances or parts of Ordinances herewith, be and the same, are
hereby repealed to the extent of such conflict
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Section 3: If any section, paragraph, sentence or word of this Ordinance or the
application thereof to any person or circumstances are held to be invalid, that invalidity
shall not effect other sections or applications of this Ordinance.
• Ordinance No. 10-1925
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Section 4: This ,Ordinance shall be in force and take effect immediately upon
adoption.
FIRST READING: June 7, 2010
SECOND READING: June 21, 2010
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PASSED AND ADOPTED THI DAY OF \ '._ , , 2010.
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Attest:
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S.rahM. i - s t ■ irk
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Approved as to form and legality for the use and reliance of the City of Longwood,
Florida only.
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1 aniel Lan_ -- . ty irs ,- ey
Ordinance No. 10 -1925
THE CITY OF LONGWOOD
AND
• TH E I LO" FDA DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
(Contract No. ALPS /S
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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 01? LONGWOOD
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
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WHEREAS, the CITY, by W.,w1t+t-ieta. dated the
day of , 2010 attached hereto as Lt:�IT''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 -78 -01 CONTRACT NO.: APS78
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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 CIITY 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 peinritted 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 up to a,maximum of
the limits of liability under Section 768.28(5), Florida Statutes, 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
CITY OF LONGWOOD , FIN NO.: 244853- 1 -78 -01 CONTRACT NO.: AP S78
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Provision is not intended to give.riseto Rights in any. third party to recover damages from the
CITY, nor is it intended to constitute a waiver of sovereign immunity.
4. If, at any time while the terms of this Agreement are in effect, it shall come to the
attention of the DEPARTMENT'S District Director of 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:
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(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
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(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 theproject. 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.
CITY OF LONGWOOD FIN NO.: 244853- 1 -78 -01 CONTRACT NO.: APS78
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6 The Department agrees to pay to the CITY, following a Notice to Proceed,
compensation for the cost of maintenance as described under Item 1 of this Agreement. The
payment will be in the amount of $13,009.00' per quarter or a total sum of $52,001100 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 LONGWOOD FIN NO.: 244853-1-78-01 CONTRACT NO.: APS78
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(D) A Vendor Oinb dsinan 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
tluree years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of casts incurred include the CIT '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 CIITY and
subcontractors considered necessary by the Department for a proper audit of costs.
10. The CIT Y 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 LONGWOOD FINNQ.: 244853- 1 =78 -01 CONTRACT'NO.: APS78
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1.2. 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 fiends. Any renewal or extension shall. be in writing and shall. be
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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 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 DEPARTMENTS 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 perfor 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
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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 LONGWOOD FIN NO.: 244853- 1 -78 -01 CONTRACT NO.: AP S78
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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,govenied 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 subrnit 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 subrnit
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 LONGWOOD FIN NO.: 2448534-78 -01 CONTRACT NO.: APS78
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EXHIBIrr "A"
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RESOLUTION
CITY OF LONGWOOD FIN NO.: 244853- 1 -78 -01 CONTRACT NO.: APS78
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EXHIBIT IT1 "B"
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARM
SECTION S.R. LOCATION DESCRIPTION LENGTH
77120000 434 From I4 N.P. 5.195 to Talmo Road M.P. 9.185 4.00
77010000 15/600 (17/92) From Seminola Blvd. MP 3.386 to Shepard Rd. MP 5.730 2.34
CITY OF LONGWOOD FIN NO.: 244853- 1 -78 -01 CONTRACT NO.: APS78
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EXHIBIT "C"
ACTIVITY DESCRIPTION
433 SODDING
435 SEEDING, FERTILIZING, MULCHING
436 REWORKING SHOULDERS
451 CLEAN DRAINAGE STRUCTURES
URES
459 CONCRETE TE SIDEWALK REPA][R.
461 ROADSIDE DITCHES S CLEAN AND RESHAPE
471 LARGE MACHINE MOWING
485 SMALL MACHINE MOWING
487 WEED CONTROL m MANUAL
490 FERTILIZING
492 TREE TRIMMING AND REMOVAL
498 STORM WATER MANAGEMENT
527 FENCE REPAIR
542 ROAD SWEEPING (MANUAL)
545 EDGING AND SWEEPING
995 MAINTENANCE SUPPORT SE P: VICES
CITY OF LONGWOOD FIN NO.: 244853- 1 -78 -01 CONTRACT NO.: APS78
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• 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 LONGWOOD
(AGENCY)
By: By:
(Date) Director of Transportation Operations
(Date)
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District Five (Date)
Attest: (SEAL) Attest:
(SEAL)
(Date) Executive Secretary (Date)
LEGAL REVIEW • LEGAL REVIEW
Legal Approval (Date) District Counsel (Date)
District Maintenance Engineer Approval
(Date)
CITY OF LONGWOOD PIN NO.: 244853- 1 -78 -01 CONTRACT NO.: APS78
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