Item 6A - Resolution 15-11RESOLUTION NO. 15-11
AGENDA ITEM# 6A
OCTOBER 26, 2015
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
THE CITY MANAGER TO SIGN MODIFICATION OF MAINTENANCE
AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, on May 27, 2014, the City executed an agreement with the Flmida
Department of Transpm1ation to provide maintenance on certain streets and other areas
throughout the city; and
WHEREAS, the Florida Department of Transportation discovered an error in the
mathematical calculations used to derive the payment schedule to the Agency (City). This
calculation error necessitates changes to be made to faragraph 11 (PAYMENTS TO AGENCY),
resulting in a $4,017.08 reduction of Overall Yearly Cost (from $53,315.76 to $49,298.68) to be
paid to the City for services rendered.
WHEREAS, the City desires to continue to maintain landscaped areas on Atlantic
Boulevard and pm1ions of Maypo11 Road; and
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic
Beach as follows:
SECTION 1. The City Manager is hereby authorized to sign the Modification of
Maintenance Agreement with the Florida Department of Transportation, modifying the existing
Agreement for Maintenance for three years (November I, 2014 through October 31, 20 17).
SECTION 2. This Resolution shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this 26th day of October,
2015.
Approved as to form and correctness:
Richard Komando, ESQUIRE
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk
Carolyn Woods
Mayor
MODIFICATION OF MAINTENANCE AGREEMENT
AGENDA ITEM #6A
OCTOBER 26, 2015
THIS MODIFICATION OF MAINTENANCE AGREEMENT ("Modification") is made and entered
into by and between the State of Florida Department of Transportation ("Department") and the City of
Atlantic Beach, Duval County, Florida ("Agency").
-RECITALS-
A The terms and provisions set forth in this Modification are incorporated in and made part of that
certain Maintenance Agreement ("Original Agreement") entered into by the parties on August 21, 2014, a
copy is attached as Exhibit "A"; and
B. This Modification shall be merged into and made part of the Original Agreement and both
documents shall be collectively referred to as the "Agreement"; and
C. Following execution of the Original Agreement, the Department discovered an error in the
mathematical calculations used to derive the payment schedule to the Agency; and
D. The calculation error necessitates changes be made to Paragraph 11 (PAYMENTS TO
AGENCY) and Exhibit A of the Original Agreement; and
E. Exhibit A of the Original Agreement will be replaced with the attached Exhibit "B" to this
Modification;
F. Upon the Effective Date, as defined below, of this Modification, a negative encumbrance in the
amount of Four-Thousand Seventeen and 08/100 Dollars ($4,017.08) will be issued by the Department in
order to reduce the amount of the Original Contract; and
G. In the event of any conflict or inconsistency between the Original Agreement and this
Modification, the provisions of this Modification shall control; and
H. All other terms and conditions of the Original Agreement shall remain in full force and effect.
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and
conditions contained in this Modification, the parties, intending to be legally bound, acknowledge, covenant
and agree as follows:
1. RECITALS & EXHIBITS
The above recitals and attached exhibits are specifically incorporated by reference and made part of this
Modification.
2. EFFECTIVE DATE
The effective date of this Modification shall be the date the last of the parties to be charged executes the
Modification ("Effective Date").
3. E-VERIFY
The Agency: (A) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the contract; and (B)
shall expressly require any subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract term.
4. PAYMENTS TO AGENCY
A. The parties specifically agree that Paragraph 11 of the Original Agreement is deleted in its entirety and
replaced with the following:
AGENDA ITEM #6A
OCTOBER 26,2015
The Department shall compensate the Agency for the performance of this Agreement in the amount of
Twelve -Thousand T hre e-Hun dred Twenty -Four and 67/100 Dollars per quarter $12,324.67 for a total sum
of Forty -Nine Thousand Two -Hundred Ninety-Eight and 68/100 Dollars $49,298.68 per year. The next
payment shall occur at the conclusion of the next three-month period following the Effective Date of this
Modification and subsequent to the last prior payment made pursuant to the Orig in al Agreement. The
Department may suspend payment of any sums due hereunder without penalty or mterest if the Agency is
In breach of any term or provision of the Agreement at the time payment Is due. In the event th•s Agreement
is terminated, payment shall be prorated for the quarter In which termination occurs .
IN WITNESS WHEREOF . intend ing to be legally bound hereby, the parties execute th is Addendum
consisting of two (2) pages.
Florida Oopartment of Transportation Attest:
By : ___________ _
By:-------------
Printed Name:-----------Printed Name:-----------
Title:--------------Title :--------------
Da te :--------------Date :--------------
Legal Review:
By:-=--------------------------Offlce of the Genera l Counsel
Florida Department of Transportation
Agoncy
By:-------------
Printed Name:-----------
Title :---------------
Date:--------------
Legal Review:
By :~~~-~--~--------Lega l Counsel for the Agency
2
Attest:
By:---------------
Printed Name:-----------
Title :--------------
Date:--------------
Lne
No.
1
l
3
4
8
State
Road
No.
10
101
101
101
101
101
Street Name
Atlantic Blvd.
Mayport Rd.
Mayport Rd.
Mayport Rd.
4th & 5th St.
@Begonia
Mayport Rd.
off Mayport Rd.
City of Atlantic Beach Maintenance Agreement
Exhibit "A" Maintenance Locations & Activities
litter lntermet:ftate
From To Removal Machine
(acre) Mowing
{acre)
East of Intracoastal Waterway Bridge 3rd St. 6.83
Atlantic Blvd. Assisi Rd. 4.59
Ditch @ Saratoga Cir. So. 1.07 0.50
Ditch @ Fleet Landing Blvd. 0.63 0.30
Retention Pond "B" off Mayport Rd. 1.30
Retention Pond "C" off Atlantic Blvd. 0.67
Pond # 3 @ Hess Station 0.60
Robert St. Dudley St. 0.27
Totals 15.96 0.80
Cycles Per
Year 12 9
Total Qty's.
191.52 7.20 Per Year
Unit Cost $9.00 $60.00
Total Cost I $1,723 .68 Per Year $432.00
Revised 7/2/2015
Small Slope Mechanical Tree Chemical Edging& Machine Mowing Sweeping Trimming Weed&Grass Sweeping Mowing (acre) (mile) (mile) Control {gal.) (mile) {acre)
4.91 0.78 10.20 0.50 9.09
3.82 6.70 0.50 12.68
2.00 4.80
0.30 9.36
0.78 0.30 3.50
0.56 2.75
0.34 0.26
0.24
10.41 3.88 16.90 1.00 20.41 21.77
9 4 12 2
93.69 15.52 202.80 43.54
$75.00 $175.00 $31.59 $520.00
$7,026.75 $2,716.00 $6,406.45 $1,500.00 $6,853.00 $22,640.80
Quarterly Amount
I $49,298.681
1---1 I $12,324.67 l
Overall Yearly Cost