Fort Walton Beach Council agenda — 09-08-2009 regular — reading text

o U y m U W CO 0> 3 0 Z m M 0 Wn Cl 01 m 0 C to U.. p m IA O S rn Q 0 J O m W J IL O W to E 0a) y M L a J q O vO pC oC ym c Z p U c p O U L= N O w 00 co O) C v m o A r -_ m OO O vi OO 0 p0 m II LU L L 0 d Q Z U) LL a W 11 In co U U) ILL U W Z O m O w m 4. c W m m in in c c c c m OW W W c c 0 0 0 0 a 2 m N U) U mm U U U v LU LL D 0 C O O O O O Z 0 0 O 0 0 0 O Q W Y W U U U U U U O O O O U Y z Ja 0 O U 31—31—  CITY COUNCIL MEETING September 8, 2009 Consent Agenda Approve Contract with VMS to maintain the FDOT rights -of way within the City limits. Synopsis: In 2004, FDOT contracted out their right -of = way maintenance to VMS. That was a seven year agreement, and a new contract is requiredfor FDOT FY 09 -10 Agenda Item Number: 2. 3  CITY OF FORT WALTON BEACH MEMORANDUM TO: Robert T. Mearns FROM: Jeff Peters, Recreation Director RE: Agreement with VMS, Inc. for State Highway Right -of -Way Maintenance DATE: August 28, 2009 L BACKGROUND: 1. 1 In 2004 at the beginning of FDOT' s fiscal year, 04 -05, VMS, Inc. began an asset management contract for the Florida Department of Transportation ( FDOT). Under that comprehensive seven -year long -term contract, VMS maintains the FDOT rights -of w - ay ROW) south of I -10 in four counties: Okaloosa, Walton, Santa Rosa, and Holmes. 1. 2 Essentially, FDOT privatized their ROW maintenance work in this region. As part of VMS' s performance, they subcontract much of the work to local governments and private contractors. 1. 2 The agreement is attached and labeled Contract # 8028. 2. DISCUSSION: 2. 1 The work areas in the agreement include: 2. 1. 1 Us Highway 98 2. 1. 2 Eglin Parkway 2. 1. 3 Beal Parkway 2. 1. 4 Lewis Turner Boulevard 2. 1. 5 Mary Esther Cut -Off 2. 1. 6 Perry Avenue 2. 2 The work elements include mowing, litter removal, edging, and sweepings 2. 3 The level of service required by the proposed VMS agreement is defined as a number of cycles per year for each work element, at the level that FDOT requires of VMS. The City ROW Crews perform the work at a much higher level to ensure the beautification level that the City is accustom to. 2. 4 As discussed in the City Attorney' s August 31, 2009 email, Contract # 8028 contains provisions that need modifications. The contract may be approved at this time, conditioned upon satisfactorily resolving those issues. 3. FINANCIAL INFORMATION: 3. 1 The unit pricing in the proposed VMS agreement is consistent with the other local municipalities that are currently performing the services under similar VMS agreements and covers the City costs for performing the required services. The annual amount of this agreement is $ 42, 503. 32. 33- 3. 2 The City of Fort Walton Beach will submit quarterly invoices in the amount of 10, 625. 83. 4. RECOMMENDATION: 4. 1 Approve Contract # 8028 for FDOT' s FY 09 -10 and authorize the City Manager to sign the agreement, subject to the City Manager' s satisfaction of the resolved issues regarding the agreement. Attachments: General C-ontract Conditions —FDOT VMS Contract # 8028 City Attorney email 5. SIGNATURE BLOCK: 5. 1 Submitted By: Jeffyetek L--' " Recreation Director 5. 2 Reviewed By: cj Brandy Wunker Finance ctor 5. 3 Reviewed for Agenda: A;: qB b Mearns on- ity Manager 34-  Page 1 of 2 Jeff Peters From: Toni Craig [ tonicraig @cox. net] Sent: Monday, August 31, 2009 10: 23 AM To: Jeff Peters Subject: RE: Maintenance contract # 8028 - VMS Jeff 1. This indemnity provisions in the MOA & Gen Contractor is improper because it is against Florida law: INDEMNITY: The Contractor shall indemnify, defend and save and hold harmless the State Department of Transportation, VMS, Inc. and all of its officers, agents and employees from all suits, actions,, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Contract by the Contractor or the willful misconduct or negligence of the Contractor or any of its officers, employees, agents, or representatives. The parties agree that 1% of the total compensation to the Contractor is the specific consideration from VMS, Inc. for the Contractor' s indemnity agreement and the parties further agree that 1% is included in the contract amount. 2. The contract must be signed by two corporate officers because it is an out -of -state corporation. 3. The City Council can authorize the City Manager to work out the agreement. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig_info From: Jeff Peters [ mailto: jpeters @fwb. org] Sent: Friday, August 28, 2009 10: 48 AM To: Toni Craig Subject: FW: Maintenance contract # 8028 Toni Attached is the maintenance agreement for the DOT Right of Ways. This is the 6th year of existence. I could not find where it went to council in the last few years, but I know it was on Consent Agenda at the June 30, 2005 agenda to authorize the agreement for the 05 -06 year. I noticed where you made some statements that needed to be changed in the General Contract, but I don' t know if Tom followed up with that, or not. Please see the attached agreements and send me your thoughts. We need to put this on the September 8th meeting, as the agreement states that the work starts on July 1. If we need to make some revisions, can we ask council to authorize staff to make the revisions with VMS after getting approval to proceed with the agreement ?? Thanks Jeff Peters Parks and Recreation Director City of Fort Walton Beach 8/ 31/ 2009 - 35-  V INN 1ro-4 01 GENERAL CONTRACT CONDITIONS FDOT revised: 01- 16 -07) LEVEL I A. PERFORMANCE OF WORK 1. STANDARD OF CARE: The Contractor shall perform the work or provide the goods and /or