Resolution 95-819RESOLUTION NO. 95-819
A RESOLUTION OF THE CITY OF LONGWOOD,
FLORIDA, ENTERING INTO A HIGHWAY
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION: PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation now
maintains the beautification element of SR 434 and Hwy. 17-92 within the Corporate limits
of the City of Longwood; and
WHEREAS, the City of Longwood wishes to take a more active role in
beautification and mainte~iance of said rights-of-ways; and
WHEREAS, the Department of Transportation has agreed to reimburse the
City of said maintenance services; and
,- WHEREAS, the City of Longwood has reviewed the proposed Agreement;
and
WHEREAS, it is in the public interest of the residents of the City of
Longwood to have enhanced maintenance and appearance of the State Roads within the
City:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1: The City Colnmission authorizes the Mayor to execute
the Highway Maintenance Agreement between the Department of Transportation and the
City of Longwood; District Contract Job No. 77906-XXXX, WPA Item No. XXXXXX8,
Contract No. AA-XXX which is hereby attached and adopted by reference thereto.
SECTION 2: The City Commission hereby accepts the terms and
conditions as presented in said Agreement.
SECTION 3: All resolutions or parts of resolutions in conflict with any
of the provisions of this resolution are hereby repealed. A
- RESOLUTION NO. 95-819
PAGE 2
SECTION 4: If any section or portion of a section of this resolution
proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or
impair the validity, force, or effect of any other section or part of this resolution.
SECTION 5: This resolution shall become effective upon its passage
and adoption.
PASSED AND ADOPTED THIS DAY - OF G*.&( , A.D., 1995.
Q%*.@&
WILLIAM E. WINSTON, MAYOR
AWT:
~.&&d,&zA
Geraldine D. ~am,b'ri, City Clerk c. . ,'
Approved as to him and legality for the use and reliance of the City of Longwood, Florida
only.
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CITY OF LONGWOOD AND DEPARTMENT OF TRANSPORTATION
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
State Project, District
WPA Item No.: XXXXX
Contract No.: AA-X
THIS AGREEMENT, entered into , 1995,
by and between the STATE OF OF TRANSPORTATION,
component agency of the hereinafter called the
DEPARTMENT and the CITY OF LONGWOOD, a poli ical subdivision of the State.
p of Florida, existing under the la s of F orida, hereinafter called the J P
CITY.
nual updating of the State of Florida
Highway System, the DEP the purpose of safety, has created
roadway, roads i dian strips on that part of the State
of ~he opinion that said roadway,
all be attractively maintained;
ally recognize the need for entering
ting forth the responsibilities of
ion dated the day of
, which by
ereof, desires to enter into this
P
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 CIT -shall be responsible for routine maintenance of
all pave, landscaped and/or turfed areas within (--=J DEPART rights-of-way having limits described by item
20, 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 item 21.
2. The CITY shall be responsible for clean-up, removal and'
disposal of all debris from the DEPARTMENT'S rights-of-
way (described by item 20, or subsequent amended limits
mutually agreed in writing by both parties) following a
natural disaster (i.e. hurricane, tornadoes, etc.) or
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from other normal occurrences such as vehicle accidents
and spills. However, the DEPARTMENT shall not deduct
from the payment of the CITY, costs for impairment of
performance of any activity or defined in
item 21, as a result of
CITY forces towards
responsibility under this article.
3. To the extent permitted by the CITY agrees
that it will indemnify and the DEPARTMENT
and all of the agents, and
employees from any claim, 1 ss, d mage, cost, charge or
expense arising out /I action, neglect or
omission by the CITY d ri&y the performance of the,
contract, whether direct or in irect, and whether to any
person or property Ti the DEPARTMENT or said
parties may be subjec , ex t that neither the CITY nor
any of its will be liable under this
section g out of injury or damage to
persons or caused or resulting from the
sole negligence EPARTMENT or any of its officers,
agents or emplo&es. /
4. If, at any t'me wh'le the terms of this Agreement are in
effect. i JlshaJ come to the attention of the
rict Director of Operations, District
CITY'S responsibility as established
t thereof is not being properly accomplished
terms of this Agreement, said District
District Five (51, may at his option,
issy/e a wr ' tten notice in care of the Public Works Director to
place sa'd J' CITY on notice thereof. Thereafter the CITY shall
have a period of thirty (30) calendar days within which to
correct cited deficiency or deficiencies. If said deficiency
or deficiencies are not correcced within this time period the
DEPARTMENT may at its option, proceed as follows:
(a) Maintain the roadway, median strips 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 item 12
of this Agreement.
5. It is understood between the parties hereto that the-
landscaping covered by this Agreement may be removed,
relocated or adjusted at any time in the future 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.
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6. The DEPARTMENT agrees to pay the CITY quarterly (each
three month period following a notice to proceed)
compensation for the cost of maintenance as
under Item 1 of this Agreement. The pay will be
$16,365.48 per year. In the event this
8. Any penalty for delay in pa-yment
amended as follows:
tate agency and a
and the state's
responsibilities under t
the name and t e 1 ephone
number of the vendor withir, the Department of
Banking and Finance.
215.422 (5) F utes, is hereby incorporated
Agreement executed by the
considered a part thereof: "The
nd approve the goods and services,
reement specifies otherwise. The
twenty (20) days to deliver a request
The twenty (20) days are measured from the latter of
the date the invoice is received or the goods or
services are received, inspected and approved.
(b) If payment is not available within forty (40) days,
a separate interest penalty of 0.03333 percent per
day will be due and payable, in addition to the
invoice amount, to the CITY. Interest penalties of
less 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 d
do not start until a properly completed invoice is
provided to the DEPARTMENT.
(c) A vendor Ombudsman has been established within the
Department of Banking and Finance. The duties of
this individual include action as an advocate for
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vendors who may be experiencing problems in
obtaining timely payment(s1
The vendor Ombudsman may be 904) 488-
2924 or by calling the State
1-800-848-3792.
9. Bills for fees or other compensat'on piservices or
expenses ha be submit etail ufficient for
proper preaudit and postaudit ther of, an that bills for
travel expenses specifically aut rized this Agreement
shall be submitted and paid in da ce with the rates
specified in section 112.061, F orida S atutes.
10. Records of c s of this Agreement .
shall be ma le upon request to
the DEPARTM the period of this
final payment is
made. Rec der this agreement
n log and submitted to the
ly basis. Copies of these
urnished to the
Records cf costs incurred
counting records, together
with supporting of the CITY and
ecessarv by the DEPARTMENT
public access to all documents,
other material subject to the
119, Florida Statutes, and made or
conjunction with this Agreement.
grant such public access shall be
unilateral cancellation of this
12. 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 item 4 of this agreement
(b) As mutually agreed to by both parties with a thirty
(30) day written notice
(c) In the event the Legislature fails to make an annual
appropriation to pay for the CITY'S services to be
performed hereunder.
d
13. The term of this Agreement commences on the date a
written notice to proceed is issued to the City Manager
by the DEPARTMENT'S District Xaintenance Engineer,
District Five (51, and shall continue for a period of one
year, 365 calendar days, frorn the date of issue of said
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notice to proceed.
This Agreement has a renewal option. Renewals shall be
on an annual basis not to exceed two yearly renewals
periods subject. to the same prices and associated
quantities as well as all other te
forth in this Agreement.
Renewals shall be made at the di
the DEPARTMENT and acreed to in w
i. e. . the City Manager for the
Director of Operations, District (
Renewals shall be contingent upon
evaluations by the DEPARTMENT and s
of funds. The terms of this
period not to exceed six (6) m itten agreement by
both parties and subject to
applicable for the renewal
14. In the event this extends beyond the
at begins on July 1,
30, of each succeeding
mutually agree that the
State of Florida's d obligation to pay
under this contrac ntingent upon an annual
Florida Statutes e DEPARTMENT, during
d money, incur any
which, by its terms
involves the in excess of the
ilable for expenditure during such
tract, verbal c;r written, made in
section shall be null and void, and
The DEPA-RTMENT shall
mptroller of the
prior to entering
nding commitment of
prevent the making
e (1) 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 $25,000.00 and having a term for a period of
more than one (1) year.
15. The CITY may construct additional landscaping within the
limits of the rights-of-way identified as a result of-
this document, subject to the following conditions:
(a) Plans for a new landscaping shall be subject to
approval by the DEPARTMENT The CITY shall not
change or deviate from said plans without written
approval by the DEPARTMENT.
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(b) All landscaping shall be developed and implemented
in accordance with appropriate DZPARTMENT safety and
road design standards;
(c) All requirem
Agreement s
(d) The CITY ag
T'S standard
permit ;
(e) No change
reement due to
to the CITY
and maintenance of
landscaping added und
CITY agrees to
1 maintenance
ional cost to
16. All work rights-of-way shall be
the FLORIDA DEPARTMENT OF
TRAFFIC DESIGN STANDARDS,
series, and applicable
revisions th ret /
the entire Agreement and
parties hereto and there are no
oral or written, with
refer the subject matter hereof that are not
18. This is non transferable and non-assignable in
without consent of the DEPARTMENT.
19. This Agreement, regardless of where executed, shall be
governed by and construed according to the laws of the
State of Florida.
20. The roadways included in this Agreement are:
STATE ROAD FROM - TO MILES
434 I- 4 Talmo Road 3.984
15/600 (US17/92) Seminola Blvd. Shepard Road 2.335
TOTAL 6.319 '
The total lane miles for this contract is 25.276 lane miles
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cluded under
433 Sodding
nce with the
DEPARTMENT'S performance standards.
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IN WITNESS WHEREOF the parties hereto have
executed the day and year first above written.
DEPARTMENT OF
ive Secretary or Notary
s to Form and Legality:
District General Counsel
Fiscal
/ Attest :
Approved as to Form and Legality:
City Attorney