Resolution 1997-397168 4
R~SOLUTION NO. 97. 39._._/_7
A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE
AGREEMENT FOR HIGHWAY SWEEPING AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Collier County Board of County), Commissioners (BCC) is concerned over the
appearance of median island curbing within the limits of Collier County; and
WHEREAS, the Collier County BCC, after discussion with the State of Florida Del:~tfr~t of
Transportation (FDOT), believes that it can assist in sweeping those areas; and
WHEREAS, the FDOT has agreed to provide Funds in the amount of $7,929.18 per quarter for · total
sum o1'$31,716.72 per year for ·pcried of three (3) years for Collier County to sweep said curbing;, and
WHEREAS, the Collier County BCC belicves such an Agrccment to be in the besl intercsl of the
citizens of Collier County; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA THAT:
¢~,I=IIO]:L[: The BCC does hereby authorize its Chairman to execute an Agreement entitled, "State of
Florida Department of Transportation, Maintenance Agr~-ment," betwcen Collier County and the FIX)T,
· greeing to sweep median island curbing described in said Agreement in exchange for the payment of
$31,716.72 per year payable at the rate of $7,929.18 per quarter,/'or a period of three (3) years.
~: This Resolution supersedes Resolution No. 92-279.
~.,IZI].OH~: This Resolution shall takc effect immediately upon ils passage.
~: All Resolutions and parts of Resolutions in conflict herewith are repealed.
This Resolution adopted thc ~/.~"day of 4~~, 1997, ·tier motion, second and
ATTEST: ·
DWIGHT E. BROCK,'~Ierk
Approved'as ~ form and lepl
mfficiency:
Collier County
Peso FDOT Sv,wp.doc
BOARD OF COUNTY COMMISSIONERS
/
County of COLLIER
I HEREBY CERTIFY TH&T
·'-rroct cc~y of a ~cccment on
O~IG~ E BROCK, CLERK OF~U~'
168
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 ~
hereinafter referred to as the "AGENCY'. ---'-"=--='
WITNESSETH
WHEREAS, the AGENCY has the attthority to enter into said A~t and to undertake
the project hereinafter described, and the DEPARTMENT has been granted the authority to
function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044
F. $. to enter into this Agreement; and
, ,~ ~WH]~,.EAS, the AGENCY by Remokttion No. _ '~ ?-~ ~ dated the ~y of
e.~-. , 19_mZ a copy of which is --
officers to enter into this Agreement; attached hereto and made a part hereof, has authorized its
NOW, THEREFOr, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
I-SERVICES AND PERFORMANCE
A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services
as described in EXHIBIT A, attached hereto and made a pan hereof.
B. Before any additions or deletions to the work described in EXHIBIT A, and before
undertaking any changes or revisions to such work, the parties shall enter into a Supplemental
Agreement covering such modific.~uions and the compensation to be paid therefore. Performance
of any such servk:~ prior to the execution of a Supplemental Agreement will result in nonpayment
of those services. Reference herein to this Agreement shall be considered to include any
supplemental thereto.
C. The DEPARTMENT will be entitled at all times to be advised, at its request, as
to the status of work being done by the AGENCY and of the details thereof. Coordination shall
be maintained by the AGENCY with representatives of the DEPARTMENT.
D. Ali services shall be performed by the AGENCY to the satisfaction of the Dirt, ctor
who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise
under or by reason of this Agreement. The Director's decision upon all claims, questions and
disputes shall be final and binding upon all parties. Adjustments of compensation and contract
time because of any major changes in the work that may become mcessary or desirable shall be
left to the absolute discretion of the Director.
Reference berein to Director shall mean the DEPARTMENT's District Secretary for
District One.
A. This Agreement has a term of three (3) years, which term shall begin inunediately
following the execution of this Agreement by the DEPARTMENT.
B. The services to be rendered by the AGENCY shall commence subsequent to the
ex_,~__~on of this Agreement, upon written notice from the DEPARTM~'s Project Manager,
and shall continue until its expiration date of ,~t't~£t'~,' ~li~~, unless terminated in
accordance with paragraph 6 of this Agreement.
3-COMPENSATION AND PAYMENT
A. The DEPARTMENT agrees to pay the AGENCY for the herein described services
at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The
DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this
Agreengnt an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT.
B. Payment shall be made only after receipt and approval of goods and servtces unless
advance payments are authorized by the State Comptroller under Section 215.422(14), Flofldn
Stamtos.
C. If this contract involves units of deliverables, then such units must be received and
accept~ in writing by the Contract Manager prior to payments.
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16B
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 mbmitted in
detail sufficient for a proper preaudit and postaudit thereof.
F, Bills for travel expenses specifically authorized by this Agreement shall 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 ($) working days to
inspect and approve the goods and services, unless the Agreement specifies otherwise. The
DEPARTMENT 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.
H. If a payment is not available within 40 days, a separate interest penalty in
accordance with Section 215.422(3)Co), Florida Statutes, will be due and payable, in addition to
the invoice amount, to the AGENCY. Interest penalties of less than one (1) 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.
I. A Vendor Ombudsman has been establL~:d within the Department of Banking and
Finance. The duties of this individual include acting as a advocate for contractors/vendors who
may be experienci~ problems in obtaining timely payments(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.
J. 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 three years after final payment is made. Copies of these documents and
records shall be furnished to thc 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 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
16B
4
Comptroller of the DEPARTMENT that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding one year, but any contract so made shall be executory
only foe the value of the services to he rendered or agreed to he paid for in succeeding fiscal
years, Accordingly, the State of Florida's performance nnd 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
n conviction for a public entity crime may not submit a bid on a contract to provide nny goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
consuuct~n or r~pair of a public building or public work, may not submit bids on leases of real
property to a public cntity, may not be awarded or perform work as a contractor, supplier.
subcontraclor, 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.
&INDEMNITY 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
off'~'rs, agents, 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 performance 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 din:cOy caused or resulting from the 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 AGENCY for the
AGENCY's indemnity agreement.
B. LIABILITY 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 $100,000 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.
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16B
C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force
Worker's Compensation itmamnce as ec'quired for the State of Florida under the Worker's
Compensation Law.
S-COMPLIANCE WITH LAWS
A. The AGENCY shall allow public access to all docu.rnents, papers, letters, or other
main'iai subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
AGENCY in conjunction with this Agreement. Failur~ by the AGENCY to grant such public
access shall be grounds for immedinte unilateral cancellation of this Agreement by the
DEPARTMENT.
B. The AGENCY shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the grounds of
race, color, r~ligion, sex or national origin in the performance of work under this Contract.
6-TERb~NATION AND DEFAULT
A. This Contract may be canceled by the DEPARTMENT in whole or in part at any
time the inter~st of the DEPARTMENT requires such termination. The DEPARTMENT also
reserv~ the right to seek termination or cancellation 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 assignraent be made for
the bemf'rt of creditors. This Contract may be canceled by the AGENCY upon (60) days written
notice to the DEPARTMENT.
B. If the DEPARTMENT determines that the performance of the AGENCY ia not
satisfactory, the DEPARTMENT shall have the option of (a) immediately terminatin~ the
Agtee:xm~, or (b) notifying the AGENCY of the deficiency with a n:quinement that the deficiency
be corrected within a specified time, 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 requitvs termination of the Agrggsm'nt for rgasons other than
unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of
such Im'mtmtion, with instru~ons to the effective date of termination or specify the stage of work
at which the Agru-emem is to be terminated.
D. If the Agreement is terminated befor~ performance is completed, the AGENCY
shall be paid only for that work satisfactorily performed for which costs can be substantiated.
168
Such payment, ~, may not exceed an amount which is the same percentage of the contract
price ns the anent of work satisfactorily completed is a percentage of the total work called for
by this A~. Ali work in progress will become the property of ~ DEPAR*fM~ and
will be turned over promptly by the AGF..NCY.
?-MISC~EOUS
A. The AGENCY and the DEPARTMENT agree that the AGENCY, its employees,
and subcoulractors are no~ agents of the DEPARTMENT as n result of this Contract for purposes
other than those set out in Section 337.274, Florida Statutes.
B. All words used her~in in the singular form shall extend to and include the plural.
An words used in the plural form droll 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 parties. Them are no
promises, terms, conditiom, or obligatiom other than those contained herein, and'this Contract
shall supersede all pn:vious communications, representations, or agreen~nts, either verbal or
writtc-n, between the parties hereto.
D. It is undemoed and agn~ by the patties hercto that if any part, tenn or provision
of this Contract is by the courts held to be illegal or in conflict with any law of the State of
Florida, 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 constn~ in accordance with the laws
of the State of Florida.
F. At~aclunent~.
IN WITNESS WHERI~F, the AGENCY has caused this Agreement to be executed in its
behalf th~ 9 ~_~? day of =I~,2R~,L~_, 19_97, by the {;..Ituol ,authorized
to enter into a~d execute same by ResolmJon Number 97-397 ,,,. dated ,..OCTOnZR 2 1 .,.
District One/~orida Depam~nt of Trampottauon, ~is ~ day of ~, 19..~/...
""'"' . '~/.~: ~ BOARD ~ C0Ua't~ ~o~zssl~s ~
.'AO CY ,., .
'.,
NAME: , Z. [ROCK, NAME: TIt~t'tll L. ttAt~cOC~
TITLE: CLERX TTI'LE: CHAIRHAN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
~'DI~dCT ONE
NAME.'~
DOT District Maimenat~ Engineer
DOT Legal Approval as to form and legality:
Availability of Funds
Approval:
Date
H :\USER$~.G 150R L~WllCI~LEGAL'~MAINTA O R. 2
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16B
EXHIBIT 'A'
COMPENSATION
The l~nt aSr~s to pa), the Agency for services rendered in accordance with this
Agreement. A lump sum paymcnt will be madc in thc amount of S~'wen 'l'ho~.~nd Nine
Hm~dred '19~. -nt~ ~}oll~r~ ~nd 18/100 ($~ ~ quart~' for
a total of Thirty On~ Thounand Seven Hundred Sixteen Dollars and 72/100
(I;~ per year.
2- LOCATION AND
PERFORMED.
· SEE ATTACHMENT A'
DESCRIFTION
OF MAINTENANCE ACTIVITIES TO BE
168
FLORIDA
DEPARTMENT OF TRANSPORTATION
4800 Dav~a Boulevard, Nnplea, Florida 34104 Thoama F. Ber~. Jr,
(94 !) 417.6320 Secnnary
December 29, 1997
Mr. David Bobanick
Collier County Transportation Department
3301 Tamiami Trail East
Naples, Florida 34112
FILE:
IX., ,
Mini Contract #BB-SS6
W.P.I. #1612067
State Project # 03906.9074
Comer County
Dear Mr. Bobanick:
This is to inform you that you ar~ hereby o~cially authorized to start work this date on the above
r~a-enced contract executed December i 9, 1997, in accordance with the Florida Department of
Transportation Project Specifications for this contract.
Thne charges will begin on the 14th c~lendar day nf~er issuance ofthe notice to proceed or on the day
you actually begin work, whichever date is earlier. This contract was executed on December 19, 1997.
I will be the administrator of this contract, so please direct any questions to me.
Lynn Radi
Naples Comracts Manager
cc: Mr. D. A. Twiddy, Jr.- M.S. 1-1, Bartow Mr. Philip Pryor - M,S. 42, Tallahassee
Ma. Roni Costa - M.S. i- 12, Barrow
Ms. Linda Wrisht - M.S. 1-18, Barrow
Mr. Rick Marino - M.S. 1-3, Barrow