Resolution 1997-398I~L~ON NO. 9 ~, 398
A RESOLUTION AUTHORIZING EXECUTION OF A ~TATE OF
FLORIDA DEPARTENT OF TRANSPORTATION MAINTENANCE
AGREEMENT FOR HI--AY MOWrNG AND PROVIDINO AN
EFFECTIVE DATE.
WHEREAS. ~e Collier Counly Bom'd of County Commissioners (BCC) is ~ over O~e
al~e~nce of median islands, inta~han~e ~ and HiMs-of-way within the limits of Collie~ CountT; and
WHEKEAS, the Collier Count,/BCC, trier discussion with Ibc State of Florida Dei~runent of
'lYaml~ti(m (FD(Yr), believes iht it ~n assist in mowln8 those ~; and
WItEREAS, the F[XYF has Bgr~ed to provid~ Funds in the amount of S9,$42.00 per quarter for · totnl
m~n of $38,168.00 per ye~r f~ · period of thee (3) y~m for Collier Count/to mow said mcdian islands,
int~chan~e ~ and rights-of-wa~ and
WHEREAS, the Collie~ Count,/BCC believes such an A~reement to be in the best interest of the
citiz~ of Collier County; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMlVfISSIONER~ OF
COLLIER COUNTY', FLORIDA TI-L~T:
~: The BCC does hen=by authorize its Cl~irman to execute an Agra-meat enlitled, "Smta of
Florida Dcpmlm~t of Tt~spo~tio~ Maintenance Agr~-m~" between Collier Cowry and th~ FDOT,
a~'eein$ to mow median islands, interchange areas, and rights-of-way ___d,~on_.'bed in said A~eemcnt in
exchange for the p~yment of $38,168.00 per year payable at the rote of $9,$42.00 per quarl~', for a period of
~E~ON 2: This Resolution sut3er~xles Re~olution No. 92-278
~,~: This Resolution shall take effect immediately upon its passage.
SECTION 4: All Rcsolulions and para of Rr. solutions in couflict I,,ctcwith arc repealed.
This Resolution adopted the ~'day of
ATTEST: ' :, ~
owmt. rr ~. laRoc:~
~ aa to form and legal
Collier County Attorney
1997. afie~ motion, second and
BO,M~.D OF COUNTY COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, an agency of the State of Florida. hereinafter referred to as the
"DEPARTMENT", and COIJJFR COUNTY . ,
hereinafter referred to as the 'AGENCY'.
WHEREAS, the AGENCY has thc authority to enter into said Agreetm~ and to undertake
the project hereinafter described, and the DEPARTMENT has been granted the authority to
tknction adequatcly in all areas of appropriatc jurisdiction and is auflmfizcd under Section 334.044
F. $. to enter into this Agreement; and
WHEREAS, the AGENCY by Resolution No, c??...ff p.~V dated the ~,2,ta;: day of
~tga'. , 19 ~*~, a copy of which is attached hereto and made a pan hereof, has authorized its
officers to enter into this Agreement;
NOW, THEREFORE, in comideration of the mutual covenants, promises and
~:~'ntafions contained herein, the parties agree as follows:
I-SERVICES AND PERFORMANCE
A. The DEPARTMENT docs hereby retain thc AGENCY to furnish certain services
as described in EXHIBIT A, attached hereto and made a part hereof.
B. Before any additions or deletions to thc work described in EXHIBIT A, and before
tmdertaking any changes or revisions to such work, the parties shall enter into a Supplemental
Agreem~ covering such rnodir~ and the compensation to be paid therefore. Performance
of any such services i:n'ior to the execution of a Supp~ Agreement will r~ult in nonpayment
of those services. Reference herein to this Agreement shall be considered to include any
supplemental thereto.
.... 168
C. The DEPARTMENT will be entitled at all times to be advised, at its request, as
Io tbe status of work being done by the AGENCY ~ of the details thereof, Coordirmflon shall
be matmained by the AGENCY with t~'presentattves of the DEPARTMENT.
D. All services ~11 be performed by the AGENCY to the satisfaction of the Director
~ shall decide all questions, difficulties and disputes of any rmmre whatsoever that may ar~
under or by r~a~n of this Asreement. The Director's decision upon all claims, questions and
dtsput~ sl~ll be f'mal and binding upon all parties. Adjustments of compensation and contract
~ bec___nuse of any major chanl~ in the work that may become necessary or desirable shall be
left to the absolute discretion of the Director.
Reference her~in to Director shall mean the DEPARTMF2qT's District Secretary for
District One.
A. This Agn~rnent has a term of three (3) years, which term shall begin immediately
followin~ the execution of this Agreement by the DEPARTMENT.
B. The services to be r~nder~ by the AGENCY shall commence subsequent to the
execution of this Agreement, upon. written nofl~.e, from the DEPARTMENT's Project M. anager,
and shall continue until its expiration date of ~_'t~'/~_ ~?'f~!. ,~.c~, unless terminated in
accordance with paragraph 6 of this A~.
3-COMPENSATION AND PAYMENT
A. The DEPARTMENT ~ to pay the AGENCY for the herein described services
at a compensation as detailed in EXH~IT A attached hereto and made a part hereof, The
DEPARTMENT shall have the fight to retain out of any payment due the AGENCY under this
~ an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the AGENCY on any other Agreement between the AGENCY nnd the DEPARTMENT.
B. Payment shall be made only afar r~ceii~ and approval of goods and services unless
advance payments a~ authorized by the State Comptroller under Section 215.422(14), Florida
Statutes.
C. If this contract involvm units of deliverables, then such units must be r~.eiv~ and
accepted in writing by the Contract Mannger prior to payments.
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· -. 16B 4'
D. Any penalty for delay in payment shall be in accordance with Section
215.422(3)(b), Florida Statutes.
E. Bills for fees or other compensation For services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
F. Bills for travel expenses specifically authorized by this Agreement sh~ll be
submitted and paid in accordance with Section 112.061, Florida Statutes.
G. AGENCY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT has five ($) worktng days to
inspect and approve the goods and services, unless the Agreement specifies otherwise. The
DEPARTMENT has 20 days to deliver n request for payment (voucher) to the Deparunent of
Banking and Finance. The 20 days are mea.vur~ from the latler of the date the invoice is received
or the goods or services are received, inspected and approved.
B. If a payment is not available within 40 days, a separate interest penalty In
a,:cordance with Section 215.422(3)('o), Florida Statutes, will be due and payable, in addition to
the invoice amount, to the AGENCY. Interest penalties of less than one (i) dollar will not be
enforced unless the AGENCY requests payment. Invoices which have to be returned to an
AGENCY because of AGENCY 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.
1. A Vendor Ombud,vnan has been established within the Department of Banking and
Finance. The duties of this individual include acting as a advocate for contractors/vendors who
may be expetieming problems in obtaining timely payments(s) from a state agency. The Vendor
Ombudsn~n may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
J. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at ali times during the period of this
Agreeu~nt and for three years after f'mal payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
includes the AGENCY's general accounting records and the project records, together with
supporting documents and records of the AGENCY and all subcontractors performing work on
the project, and all other records of the AGENCY and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
K. The DEPARTMENT, during any fiscal year, shall no~ expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditur~ of money in
excess of the amounts budgeted as available for expenditure during such fur. al year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no mom'y
Comptroller of the DEPARTMF. NT that funds are available prior to entering into any such
contract or ~ binding commiu'ne~ of funds. Nothing herein contained shall prevem the
making of conu-acts for periods exceeding one year, but any contract so made shall be executory
only for the value of the ~ervices to be r~mder~ or agreed to be paid for in succeeding fiscal
years. Acx:oniingly, the Sine of Florida's performance and obligation to pay under this Contract
is contingent upon an annual appropriation by the Legislature.
L. A person or affiliate who has been placed on the convicted vendor list following
a couvic6on for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
consms:tk~ or r~1)air of a public building or public work, may not submit bids on leases of rual
property to a public entity, may not be awarded or perform work as a contractor, supplier,
su~, 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 36 months from the date of being placed on the
convicted vendor list.
4-1NDEMNITY AND INSURANCE
A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S.,
that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's
officers, agenu~, and employees from any claim, loss, damage, cost, charge or expense arising out
of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors
during the peffonuance of the contract, whether direct or indirect, and whether to any person or
property to which DEPARTMENT or said parties may be subject, except that neither AGENCY
nor any of its subcontractors will be liable under this section for damages arising out of injury or
damage to persons or property dhn~ctly caused or r~'ulting fwm ~e negligence of DEPARTMENT
or any of its officers, agents, or employees.
The parties agree that 1% of the total compensation to the AGENCY for performance of
this Agreement is the specific consideration from the DEPARTMENT to the AGF..NCY for the
AGENCY's indemnity agreement.
B. UABILITY INSURANCE. The AGENCY shall carry and keep in force during
the period of this Agreement a general liability insurance policy or policies with a company or
companies authorized to do business in Florida, affording public liability insurance with combined
bodily injury limits of at least $I00,000 per person and $300,000 each occurrence, and property
damage insurance of at least $100,000 each occurrence, for the services to be rendered in
accordance with this Agreement.
¢m e~e
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C. V/ORKER'S COIVIPElqSATION.
Worker's Compensation ln.~urance as mquir~
Compensation hw.
5-COMPLIANCE WTTH LAWS
The AGENCY shall also cam/and keep in force
for the State of Florida under the Worker's
A. The AGENCY shill tilow l~blic ncc~,.s to ~il documents, papers, letters, or other
maln~ subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public
access sludl be grounds for immediate unilateral c~ncellntion of this Asreement by the
B. The AGENCY shall comply with all federal, state and local laws and ordinance~
applicable to the work or payment for work theru, of, and shall not discriminate on the grounds of
race, color, religion, sex or national origin in ~e performance of work under this Contract.
6-TER1/INATION AND DEFAULT
A. Thh Contract may be canceled by the DEPARTMENT in whole or in part at any
time the interest of the DEPARTME24T requires such termination. The DEPARTMENT also
r~scrves the right to ~_~e_k termination or can~ of this Agreement in the event the AGENCY
shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further
reserves the right to terminate or cancel this Agreement in the event an assignment be made for
the bendit of creditors. This Contract may be canceled by the AGENCY upon (60) days written
B. If the DEPARTMENT determines that the performance of the AGENCY la not
satisfactory, the DEPARTMENT shall have th~ option of (a) immediately termtnatin~ the
~ or Co) notifying the AGENCY of the deficiency with a requirement that the deficiency
be corrected within a specified thae. otherwise the Agreement will be terminated at the end of
such time. or (c) take whatever action is deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasora other than
unm~ perfornunce of the AGENCY, the DEPARTMENT shall notify the AOENCY of
such ~mntnation, with instructions to the effective date of termination or specify the stax of work
at which the Agreement is to be terminated.
D. If ~ Agreernent is terminated before performance is completed, the AGENCY
shall be paid only for that work satisfactorily performed for which costs can be mbst~ntiated.
SUcla payment, however, may nc~ exceed an amount which is the same percentage of the contracl
price as the amount of work satisfactorily completed is a percentage of the total work oiled for
by this Agreement. All work in progress will become the property of the DEPARTMENT and
will be turned over promptly by the AGENCY.
?-MISCP-t-I ANEOUS
A. The AGF..NCY and ~ DEPARTMENT agree that the AGENCY, tts employees,
and sutx:omracto~ ate not agents of the DEPARTMENT as a result of thts Contract for purposes
otl~r than those set out in Section 337.274, Florida Statutes.
B. Ali words used herein in the singular form shall extend to and include the plural.
All words used in the plural form shall extend to and include the singular. All words used in any
gender shall extend to and include all genders.
C. This Agreement embodies the whole agreement of the panics. There are no
promises, terms, conditions, or obligations other than those contained herein, and this Contract
shall supersede all previous communications, representations, or agreements, either verbal or
written, between the parties hereto.
D. It is understood and agreed by the panics hereto that if any pan, term or provision
of this Contract is by the courts held to he illegal or in conflict with any law of the State of
Florkta, the validity of the remaining portions or provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the Contract did not contain
the particular part, term or provision held to be invalid.
E. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
F. Attachments.
...................................... ~1 .................... II!. I_ll
IN ~ WHERPX)F, the AGENCY has camed this A~=nem to be execu.~ in its
behalf tht~ 2 ISTday of OC~..B~,.R, ., 19 97, by the
19 9? , tnd the DEPARTMENT has execu~d this Agreamk~. tlm:mt, l~tts Dts~t
. '- ~' ' NAME' T].NO'Zlfl' t.. liAICCO<:K
..........
TITLE:CHAIRNAN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DOT District Maintenance Engineer DOT Legal ~ u to form and legality:
~ Availability of Funds
Al:X~'ovecl as to fu, rm & I~sufficionc¥ Approval:
_. r - '~unt¥ Attorney (..,,) Date
H:~,USt~S',LO150RL~WHC~.,EOAL',MAINTAOR.2
· '- '"' 16B
EXHIBIT "A"
COMPENSATION
The Department agrees to pay the Agency for ~ervtces r~ndered tn accordame w~th ~
A~ A lump sum pmymem will be made in the amount of~ Nlm Thn.~nnd Five Htmdred
Por~ ,-ttm Doltma ....... ($~ per quarter for a total of
FJ_~ht ~nd On~ Hundred S~t~-~t_~ht ~llar~ .... ($
2- LOCATION AND
PERFORMED.
"SEE ATTACHMENT A'
DESCRIPTION
OF MAINTENANCE
ACTIVITIES TO BE
FLORA
DEPARTMENT OF 'IILANSPORTATION
4100 I:)u~l BodeYl~ Nif)k.I, FIo~dl 3410,i 13uxnem p. BraT. ~.
(9,1t) 4~ ?..6320 seemm7
Ikc~r 29, 199'/
Mr. David Bobanick
Colrief County Transponstion Depanmenl
~01 Tnmlami Trail East
Naples, Florida 34112
Mini Contract #BB-SS7
W.P.L #1612066
State Project # 03906-9073
Collier Count~
Dear Mr. Bobanick:
This is to inform you that you are hereby officially authorized to start work this d~te on the abov~
refer~x:ed contract executed December 19, 1997, in accordance with tl~ Florida Department of
Trsnsportation Project Specifications for this contract.
Time charges will begin on the 14th calendar day after issuance ofthe notice to proceed or on tim day
you actually begin work, whichever date is earlier. This contact was executed on December 19, 1997.
I will be the administrator ofthis contract, so please direct any questions to rr~.
Lynn Rsdi
Naples Contracts Manager
cc: Mr. D. A. Twiddy, .Ir.- M.S. 1-I, Banow
,Mr. Philip Pryor - M.S. 42, Tallahassee
Ms. Roni Costa - M.S. 1-12, Bartow
Ms, Linda Wright. M,S. 1-18, Banow
l~u'. Rick Marino - M.S. !-3, Bm'tow