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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 ~: All Resolutions and parts of Resolutions in conflict herewith are repealed.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. 2 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. 4 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 7 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