Fort Walton Beach Resolution — 95-20--Maintenance Agreement ‎(City/DOT)‎ — reading text

Resolution __ 95-20 A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF FORT WALTON BEACH TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF FORT WALTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, SETTING FORTH MAINTENANCE PROVISIONS, PROVIDING THE EFFECTIVE DATE HEREOF. WHEREAS, the City wants the City of Fort Walton Beach to look as attractive as possible for the citizens and tourists; and WHEREAS, The City is of the opinion that the Department of Transportation's highways that contain roadside areas and median strips should be attractively Maintained by periodic trimming, mowing, edging, cutting, fertilizing, necessary replanting, litter removal and; WHEREAS, the City would have a vested interest in maintaining the areas to a higher standard that the Department of Transportation can. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION I: The City Manager of behalf of the City of Fort Walton Beach is hereby authorized to execute a maintenance agreement between the City of Fort Walton Beach and the State of Florida Department of Transportation, a copy of which is attached hereto and by reference made a part hereof. SECTION II: The City Manager of the City of Fort Walton Beach is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as appropriate. SECTION III: This resolution shall take effect immediately upon approval by Council and signature by the Mayor. ADOPTED: /S Hep foa Passes CITY CLERK The form and legal sufficiency of the foregoing has been reviewed and approved by Attorney. LITHO BY VITRO PRESS O 5 CONTRACT NO. STATE JOB NO.57040-3591 W.P.I. NO. 3612558 F.E.I.D. NO. MAINTENANCE HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , 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 FORT WALTON BEACH, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITy" . WITNESS SETH WHEREAS, as a part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a four lane (divided) highway facilities outlined in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the CITY; and WHEREAS, the CITY is of the opinion that said highway facilities that contain landscaped areas shall be maintained by periodic trimming, mowing, cutting, fertilizing, and necessary re-planting. 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 No. dated , 19 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorized its officers to do so. 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 perform the following standards in a reasonable manner and with all due care: The CITY hereby agrees to maintain the plantings, following the Department’s landscape guidelines, safety and plant care. The CITY’S responsibility for maintenance shall include all landscaped and/or turfed areas on Department of Transportation right-of-way within the limits of the project. Such maintenance to be provided by the CITY is specifically set out as follows: To maintain, which means that proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade as specified in the original plans and specifications and of a size comparable to those existing at the time approval is obtained from the Department’s District Secretary for the use of alternate material or deletions. To maintain also means to keep litter removed from the median strip or landscaped areas within the said project. Plants shall be those items which would be scientifically classified as plants and include, but are not limited to, trees, grass or shrubs. oo Newer eo The above named functions to be performed by the CITY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the CITY and shall be the basis of ail decisions regarding payment reduction, reworking or agreement termination. 2. If at any time after the CITY has assumed the maintenance responsibility above mentioned, it shall come to the attention of the Department's District Secretary that the limits of Exhibit "A" or a part thereof is not properly maintained pursuant to the terms of this Agreement, the District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter in care of the CITY'S DIRECTOR OF PUBLIC WORKS,to place said CITY on notice thereof. Thereafter, the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Maintain the landscaping or a part thereof, with the Department or Contractor’s personnel and charge the CITY for the reasonable value of said work, or (b) Terminate Agreement in accordance with Paragraph 5 of this Agreement and remove, by Department or private contractor's personnel, all of the ground cover and shrubs installed under this Agreement or any preceding agreement except as to turf grass and charge the CITY for the reasonable cost of such removal. 3. 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 determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The CITY shall be given sixty (60) calendar days notice to remove said landscaping after which time the Department may remove said landscaping. 4. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the CITY fails to perform its duties under Paragraph 2, following ten (10) days written notice. (b) By the Department, for refusal by the CITY to 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. (c) By either party following sixty (60) calendar days written notice. (d) By both parties, thirty (30) calendar days following the complete execution by both parties, of an agreement to terminate this agreement. 5. The terms of this Agreement shall begin on the date of execution and continue until such time as the Agreement is terminated as provided for in Paragraph 4. 6. The CITY covenants and agrees that it will indemnify and hold harmless to the extent provided by Florida Statutes 768.28, 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 the 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 sub- contractors will be liable under this section for “damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. C ° 7. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8. The Department’s District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 9. This Agreement may not be assigned or transferred by the CITY, in whole or in part without consent of the Department. 10. Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty of 0.03333 percent per day will be due and payable, in addition to the invoice amount to the vendor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor 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 agency. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 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 BY: DOT Approval as to Date District Secretary Form and Legality ATTEST: (Seal) Executive Secretary AGENCY: BY: ATTEST: (Seal)