10-29RESOLUTION NO. 10-29
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING EXECUTION OF A HIGHWAY LANDSCAPE
REIMBURSEMENT AND MAINTENANCE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF
PERFORMING HIGHWAY BEAUTIFICATION ON STATE ROAD
RIGHTS-OF-WAY WITHIN THE CORPORATE LIMITS OF THE
CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA AT A
MAXIMUM REIMBURSEMENT AMOUNT OF $100,000 PER YEAR
FOR A TOTAL OF FIVE YEARS FOR A MAXIMUM GRAND
TOTAL OF $500,000. THESE FUNDS WILL BE SPECIFICALLY
APPLIED TO CITYWIDE LANDSCAPE REHABILITATION
PROJECTS ON PREVIOUSLY LANDSCAPED AREAS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation ("FDOT") has
funding available to further the beautification of existing roadway beautification projects
("Project Highways"); and
WHEREAS, FDOT has requested the City of Clearwater, Florida ("City") to
execute a District Seven Highway Landscape Reimbursement and Maintenance
Memorandum of Agreement ("Agreement") for performing Highway Beautification on
State Road rights-of-way within the corporate limits of the City of Clearwater in Pinellas
County, Florida; and
WHEREAS, the City Council wishes to authorize the City to enter into a
Highway Landscape Reimbursement and Maintenance Memorandum of Agreement for
Multiyear Citywide Rehabilitation with the State of Florida Department of Transportation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Clearwater, Florida:
Section 1. The Mayor is hereby authorized to execute a Highway Landscape
Reimbursement and Maintenance Memorandum of Agreement, attached hereto as
Exhibit A, for portions of the following roadway located in Pinellas County, Florida (the
"Project; Highways").
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of January 2011.
CAI,1?
?Frank H bb rd
Mayor
Resolution 10-29
A-,,
Attest: -?=of
Ups
Camilo A. Soto Rosemarie Call -
Assistant City Attorney City Clerk W?,_
Resolution 10-29
HLRMOA-R/M 01-10
DISTRICT SEVEN HIGHWAY LANDSCAPE REIMBURSEMENT
AND MAINTENANCE MEMORANDUM OF AGREEMENT
FOR MULTIYEAR CITYWIDE REHABILITATION
THIS AGREEMENT, made and entered into as of the day of ,
2010, 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
CLEARWATER, a municipal corporation of the State of Florida, existing under the Laws of
Florida, hereinafter called the "City".
WITNESSETH
WHEREAS, the Department owns State Road rights-of-way consisting of road improvements
and grassed areas abutting thereon within the listed mileposts on the following roadway sections
located in Pinellas County, Florida (the "Project Highways"):
SECTION # ROADWAY NAME
15 007 000 SR 651, Court St. Median
15 020 000 SR 595, N. Ft. Harrison Ave
15 040 000 SR 60, Gulf to Bay Blvd/Courtney Campbell Cswy
15 045 000 SR 60, Pierce Boulevard
15 045 000 SR 60/SR 595, Court Street Triangle
15 045 101 SR 60, Court Street Triangle
15 150 000 SR 55, U.S. 19 & S.R. 60
15 150 000 SR 55, U.S. 19 & Drew St.
15 220 000 SR 60, Memorial Causeway
and
LIMITS FROM - TO
M.P. 3.041 - 3.544
M.P. 1.486 - 2.060
M.P. 1.661 - 9.443
M.P. 0.616 - 0.735
M.P. 1.389 - 1.418
M.P. 0.000 - 0.022
M.P. 18.037 - 18.490
M.P. 18.859 - 19.689
M.P. 0.000 - 1.225
WHEREAS, the City seeks to beautify the Project Highways by the installation of landscape
improvements which would enhance their aesthetic quality; and
WHEREAS, under FP# 429468-2-58-01 the Department has allocated funds in its fiscal years
2011 through 2014 for such improvements and is authorized pursuant to Section 334.044, Florida
Statutes, to reimburse the City for eligible expenditures; and
WHEREAS, upon installation of such improvements, the City has agreed to maintain those
improvements in accordance with the provisions below; and
WHEREAS, the Department is authorized pursuant to Section 334.044, Florida Statutes to
enter into contracts and agreements with counties/municipalities for maintenance of roadside
landscape improvements on the State Highway System; and
Exhibit A
WHEREAS, the City has authorized its officers to execute this Agreement on its behalf,
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. SUBMITTALS
a. The City shall produce plans for and install landscape improvements on those areas of the
Project Highways as depicted in the Plans and Specifications to be attached hereto and
incorporated herein as Exhibit "A". All work conducted in connection with plans production and
installation of improvements shall hereinafter be referred to as the "Project".
b. Not later than one hundred twenty calendar days following the initial and subsequent years'
funds approval from the Department's Comptroller, the City shall submit to the Department four
copies of the landscape plans and specifications including a project maintenance plan sheet, and
two copies of the following attachments: the project schedule, letters of no conflict from all
utilities within the project limits, and a project cost estimate. If the City desires to work closer
than fifteen feet to the edge of pavement or close a traffic lane, maintenance of traffic plan sheets
must be included in the plan set. Within three weeks of the receipt of review comments by the
Department, the City shall revise all documents required herein in accordance with the
Department's comments and submit two copies of the revised documents for the Department's
written approval. Within one week of receipt of Department approval, the City shall submit four
copies of the approved Plans and Specifications to the Department. Failure of the City to submit
any of the required documents within the time periods herein may be cause for termination of this
Agreement.
c. If any of the submittals of the City pursuant to Paragraph Lb. are rejected by the Department
and returned to the City for revisions or changes, such documents must be approved and
resubmitted to the Department not later than one hundred eighty calendar days following the funds
approval from the Department's Comptroller. If such documents are not resubmitted as approved
by this date, the Department may terminate this Agreement, including its obligation to reimburse
any monies expended for the Project except for those approved expenditures for design of the
currently funded project.
d. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested.
(1) If to the Department, address to District Landscape Architect, at Florida Department of
Transportation, MS 7-1200, 11201 N. McKinley Drive, Tampa, Florida 33612-6456 or at such
other address as the Department may from time to time designate by written notice to the City;
and
(2) If to the City address to Michael D. Quillen, P.E., Engineering Director, City of Clearwater,
Post Office Box 4748, Clearwater, Florida 33758-4748 or at such other address as the City
from time to time designates by written notice to the Department.
2of10
All time limits provided hereunder shall run from the date of receipt of all such notices, demands,
requests and other instruments.
2. INSTALLATION
a. The City shall not commence Project installation for a Project site until the Department has
issued a Notice to Proceed with Construction for that site. Said Notice shall contain the project
completion date. The City shall notify the District Landscape Architect (DLA) and the Area
Maintenance Engineer forty-eight hours prior to commencing work on the Project site.
b. If the City desires to position vehicles, equipment, or personnel, or to perform maintenance
activities closer than fifteen feet to the edge of pavement, or to close a traffic lane, Maintenance of
Traffic shall be in accordance with the Project plans and all Departmental Maintenance of Traffic
Regulations. The City shall have Maintenance of Traffic certified personnel supervise the set up
and operation of such Maintenance of Traffic devices at the site of the construction or
maintenance activity.
c. In the event that any portion of the Project is at any time determined by the Department to not
be in conformance with all applicable laws, rules, procedures and guidelines of the Department, or
is determined to be interfering with the safe and efficient operation of any transportation facility,
or is otherwise determined to present a danger to public health, safety, or welfare, said portion
shall be immediately brought into departmental compliance at the sole cost and expense of the
City.
d. If the City fails to substantially complete the installation of the Project by the completion date
set forth in the Notice to Proceed or abandons the Project, the Department shall provide the City
with written notice of its intent to terminate this Agreement unless the condition resulting in such
notice is corrected. If the City fails to respond or take corrective action within the prescribed time
period set forth in the notice, the Department may terminate the Agreement as provided for in
paragraph 6.a (1), including its obligation to reimburse any monies expended for the Project
except for those portions of the Project already completed by the City and accepted by the
Department.
e. Upon certification of completion by the City, inspection, and approval of the Project as
substantially complete in writing by the Department's Landscape Architect, the Project shall be
subject to a ninety calendar-day establishment period. Work performed and costs incurred after
substantial approval are not eligible for reimbursement.
3. BILLING and PAYMENT
a. Upon completion of the ninety calendar-day establishment periods and approval of the Project
installation by the Department, the City shall, within one hundred eighty calendar days, furnish the
Department with three signed originals of its billing of all eligible costs incurred in connection
with the completed and approved portion of the Project. Bills for fees or other compensation for
services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit
thereof. The invoice shall show the description and site of the Project; the date on which the first
work was performed or the date on which the earliest billed expense was incurred; the date on
3of10
which the last work was performed or the last item of billed expense was incurred; and the
location where records and accounts billed can be audited.
b. The Department shall reimburse the City in an amount not to exceed $100,000 Dollars and No
Cents per fiscal year for all eligible expenditures for the professional design, purchase, installation,
and establishment of plant material as identified in Exhibit "A". Reimbursement for design
expenditures shall not exceed ten percent of the total reimbursement amount. The Department's
performance and obligation to pay under this Agreement is contingent upon:
(1) An annual appropriation by the Legislature. The Department's funding for this project is in
multiple fiscal years. Funds approval from the Department's Comptroller must be received
each year prior to costs being incurred. Project costs utilizing these fiscal year funds are not
eligible for reimbursement if incurred prior to receipt of funds approval. The Department will
notify the Agency, in writing, when funds are available.
(2) The City's installation of the Project in accordance with the approved documents; and
(3) Department approval of the Project.
c. A Vendor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for contractors/vendors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the State Comptroller's Hotline,
1-877-693-5236. The interest penalty for delay in payment shall be in accordance with Section
215.422(3)(b), Florida Statutes.
d. 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
five years after final payment is made. Copies of these documents and records shall be furnished
to the Department upon request. Records of costs incurred include the City's general accounting
records and the project records, together with supporting documents and records, of the City and
all subcontractors performing work on the Project, and all other records of the City and
subcontractors considered necessary by the Department for a proper audit of costs.
e. The parties recognize and accept the funding restrictions as set forth in Section 339.135(6)(a),
Florida Statutes, which may affect the Department's obligations hereunder:
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 the expenditure during such fiscal
year. Any contract, verbal or written, made in violation of this subsection is null and
void, and no money may be paid on such contract. The Department shall require a
statement from the 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 a period exceeding one year, but
any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in the succeeding fiscal years; and this paragraph
shall be incorporated verbatim in all contracts of the Department which are for any
4of10
amount in excess of $25,000 and which have a term for a period of more than one
year.
f. The Department recognizes that the City must comply with Section 166.241, Florida Statutes.
This Agreement shall not be construed to modify, in any way, the City's obligations under that
statute.
4. AUDIT REPORTS
Section 215.97, Florida Statutes, the Florida Single Audit Act, requires recipients of federal and
state funds to have audits done annually using the following criteria.
a. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA)
title and number, award number and year, and name of the awarding federal agency.
(1) In the event that a recipient expends $500,000 or more in Federal awards in its fiscal year, the
recipient must have a single or program specific audit conducted in accordance with the
United States Office of Management and Budget (OMB) Circular A-133.
(2) If a recipient expends less than $500,000 in Federal awards during its fiscal year, an audit
conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends
less than $500,000 in Federal awards during its fiscal year and elects to have an audit
conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from
non-federal funds.
b. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title
and number, award number and year, and name of the awarding state agency.
(1) In the event that a recipient expends $500,000 or more in State awards during its fiscal year,
the recipient must have a state single or program specific audit conducted in accordance with
Section 215.97(7), Florida Statutes; Section 215.97(2)(d) Florida Statutes; applicable rules of
the department of Financial Services and the CFO; and Chapters 10.550 and 10.650, Rules of
the Auditor General.
(2) If a recipient expends less than $500,000 in State awards during its fiscal year, an audit
conducted in accordance with Section 215.97 Florida Statutes, and Chapters 10.550 and
10.650, Rules of the Auditor General is not required. If a recipient expends less than
$500,000 in State awards during its fiscal year and elects to have an audit conducted in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules of
the Auditor General, the const of the audit must be paid from non-state funds.
In determining the state financial assistance expended in its fiscal year, the recipient shall consider
all sources of state financial assistance. State financial assistance does not include federal direct or
pass-through awards and resources received for federal program matching requirements.
c. Reporting Packages and management letters generated from audits conducted in accordance
with OMB Circular A-133 be received by the appropriate FDOT office no later than nine months
after the end of the recipient's fiscal year. Financial Reporting Packages generated in accordance
5of10
with Section 215.97, Florida Statutes, shall be submitted to the awarding FDOT office by the
recipient within thirty days of receiving it.
d. The recipient shall follow up and take corrective action on findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of
finding.
e. Sufficient records demonstrating compliance with the terms of this agreement shall be retained
for at least five years from the date the audit report is issued. Access to project records and audit
workpapers shall be given the Department or its designee, CFO or Auditor General.
f. The recipient shall submit required documentation as follows:
(1) A reporting Package and Data Collection Form for each audit conducted in accordance with
OMB Circular A-133 shall be sent to:
Florida Department of Transportation and Federal Audit Clearinghouse
District Maintenance Office Bureau of the Census
MS 7-1200,11201 N. McKinley Drive 1201 East 10th Street
Tampa, Florida 33612-6456 Jefferson, IN 47132
(2) A Financial Reporting Package of audits conducted in accordance with Section 215.97,
Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General shall be sent
directly to:
Florida Department of Transportation and Auditor General's Office
District Landscape Architect Room 401, Pepper Building
MS 7-1200,11201 N. McKinley Drive 111 West Madison Street
Tampa, Florida 33612-6456 Tallahassee, FL 32399-1450
g. Any reports, management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General,
as applicable. Recipients should indicate the date that the reporting package was delivered to the
Department in correspondence accompanying the reporting package.
h. In addition to reviews of audits conducted in accordance with OMB Circular A-133 and
Section 215.97, F.S., monitoring procedures may include, but not be limited to, on-site visits by
the Department, limited scope audits as defined by OMB Circular A-133 as revised, and/or other
procedures. By entering this agreement, the recipient agrees to comply and cooperate fully with
any monitoring procedures/processes deemed appropriate by the Department. The recipient
further agrees to comply and cooperate with any- inspections, reviews, investigations, or audits
deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial
Officer (CFO) or Auditor General.
6of10
5. MAINTENANCE
a. At such time as the Department issues a Notice to Proceed with Project installation and until
such time as the Project is removed pursuant to Paragraph 6, the City shall maintain the Project in
a reasonable manner and with due care in accordance with Project standards. Specifically, the
City agrees to:
(1) remove litter from all landscaped areas of the Project Highway;
(2) water and fertilize all plants;
(3) mulch all plants beds;
(4) keep plants as free as practicable from disease and harmful insects;
(5) weed the Project premises routinely;
(6) mow and/or cut grass within the areas delineated by the landscape plans;
(7) prune all plants, specifically remove all dead or diseased parts of plants and prune of all parts
of plants that present a visible hazard to those using the roadway;
(8) replace, or at the City's option, remove all dead or diseased plants or other parts of the Project
that have fallen below Project standards. Replace with plants of substantially the same grade,
size and specification as originally provided for in the plans and specifications, unless
otherwise authorized by the Department; and
(9) perform routine maintenance as prescribed by the manufacturer of any Project irrigation
system.
b. Maintenance of the Project shall be subject to periodic inspections by the Department. In the
event that any of the aforementioned responsibilities are not carried out or are otherwise
determined by the Department not to be in conformance with the applicable Project standards, the
Department may terminate the agreement in accordance with paragraph 6.a (1).
c. The Department's Area Maintenance Office shall be notified forty-eight hours in advance of
commencing any scheduled construction or maintenance activities. Emergency repairs shall be
performed without delay and the Area Maintenance Office notified immediately. The Area
Maintenance Engineer with responsibility for the roadway within this Project is Brian Bennett,
P.E., located at 5211 Ulmerton Rd., Clearwater, Florida, telephone number (727) 570-5101.
d. Prior to any major Project construction or reconstruction activity, the City shall submit plans
of the proposed work to all utilities with facilities within the limits of work for their review and
comment. The City shall resolve any conflicts and/or concerns raised by the utilities prior to
commencement of such activities. Prior to commencing any field activity on this project, the City
shall notify all the utilities of their work schedule enabling facilities to be field located and marked
to avoid damage.
e. The Department will require the City to cease operations and remove all personnel and
equipment from the Department's right-of-way if any actions on the part of the City or
representatives of the City violate the conditions or intent of this agreement as determined by the
Department.
7of10
6. TERMINATION
a. The Agreement may be terminated under any one of the following conditions:
(1) By the Department if the City, following fifteen calendar days' written notice, fails to perform
its duties under this agreement; or if the City refuses 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.
(2) By the City following sixty calendar days' written notice.
(3) By the Department following sixty calendar days' written notice.
b. Within 60 days following a notice to terminate pursuant to 6.a.(1) or 6.a.(2), if the Department
requests, the City shall remove the Project and restore the Project premises to the same safe
condition existing prior to installation of the Project. If the Department does not request such
restoration or terminates this Agreement pursuant to 6.a.(3), the Department may complete,
remove, relocate or adjust the Project as it deems best.
c. It is understood between the parties hereto that any or all of the project 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 the future
criteria or planning of the Department. The City shall be given notice regarding such removal,
relocation, or adjustment and shall be allowed sixty days to remove all or part of the Project at its
own cost. The City will own that part of the Project it removes. After the sixty days removal
period, the Department may remove, relocate, or adjust the Project as it deems best. Wherever the
City removes improvements pursuant to this agreement, the City shall restore the surface of the
affected portion of the Project premises to the same safe and trafficable condition as it was before
installation of such improvements.
7. INDEMNIFICATION
a. To the extent provided by law, the City shall indemnify, defend, and hold harmless the
Department and all of its officers, agents and employees from any claim, loss, damage, cost,
charge, or expense arising out of any act, error, omission, or negligent act by the City, its agents,
or its employees, during the performance of the Agreement, except that neither the City, its agents,
or its employees, will be liable under this paragraph for any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Department or any of its
officers, agents, or employees during the performance of the Agreement.
b. When either party receives notice of a claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim, and report
its findings to each other within fourteen working days and jointly discuss options in defending the
claim. A party's failure to promptly notify the other of a claim will not act as a waiver of any right
herein.
8of10
8. GENERAL
a. The Department's District Secretary or his designee 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.
b. A person or affiliate who has been placed on the convicted vendor list following a conviction
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 construction or repair
of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of thirty-six months from the date of being placed on the convicted vendor list.
c. This Agreement embodies the entire Agreement and understanding between the parties hereto
and there are no other agreements or understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby. This Agreement may not be
assigned or transferred by the City in whole or in part without written consent of the Department.
d. If any provision of the Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements
of applicable law.
e. This Agreement, regardless of where executed, shall be governed by and construed according
to the Laws of the State of Florida.
9of10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF CLEARWATER
a municipal corporation of
the State of Florida
By:
Frank V. Hibbard
Mayor
Attest:
City Clerk (SEAL)
Legal R iew?
Assistant City Attorney
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
James V. Moulton, Jr., P.E.
Director of Transportation Operations
District Seven
Attest:
Executive Secretary (SEAL)
Legal Review:
Office of the General Counsel, District 7
10 of 10