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Exh 8Frr AGENDA ITEM #8F FEBRUARY 28, 2005 the DEPARTMENT may elect to remove same and to restore affected areas to their ~. preexisting condition and invoice the CITY for the reasonable cost of such removal and restoration, all of which shall be immediately paid by the CITY; and/or D. The DEPARTMENT may offset all sums due it under this Agreement against any payments ~ that maybe due or come due to the CITY under this or other maintenance agreements with the DEPARTMENT. If said funds are not sufficient to reimburse the DEPARTMENT, the CITY shall pay any deficiency to the DEPARTMENT immediately upon invoicing. 6. It is understood between the parties that all areas and landscaping covered by this Agreement maybe deleted, removed, relocated or adjusted at any time in the future as found necessary by the """ DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet the future criteria or planning of the DEPARTMENT, in which event the payments provided for ui paragraph 7 shall be subject to adjustment. 7. The DEPARTMENT agrees to pay to the CITY quarterly (each three month period following a notice to proceed) compensation for the cost of maintenance as described under items (2) A through (2) F of this Agreement. The lump sum payment will be in the amount of $ 115.43 per quarter for a total sum of $ 461.70 per year. In the event this Agreement is terminated as established by items five (5) or eight (8) herein, payment will be prorated for the quarter in which termination occurs. ~ 8. This Agreement or part thereof is subject to termination under any one of the following conditions: A. In the event the DEPARTMENT exercises the option identified by item five (5) and fifteen (15) of this Agreement. ,,,,~ B. Upon thirty (30) days written notice and upon mutual agreement of the parties. 9. The initial term of this Agreement (Amendment #l.) for a period of six (6) months, commencing on ,,, the date a written notice to proceed is issued to the CITY by the DEPARTMENT'S District Maintenance Engineer. It is understood that, at the end of the initial nine month period, this Agreement maybe renewed for no more than two (2) one (1) year renewal periods. Renewals shall rr. be made at the discretion of the DEPARTMENT and agreed to in writing by the CITY. 10. In the event this Agreement extends beyond the DEPARTMENT'S current fiscal year, the CITY and r• DEPARTMENT mutually agree that performance and payment during subsequent fiscal periods is contingent upon funds being appropriated, allocated, or otherwise made available by the legislature. Therefore, Section 339.135(6)(a), Florida Statutes (1995), is applicable to this agreement which states as follows: -The DEPARTMENT, during any fiscal year, may 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 shall be null and void, and no money shall be paid thereon. 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 (1) year, but any contract so made shall be executory only for the succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT in excess of $25,000.00 and having a term for a period of more than one (1) year. ~. r r AGENDA ITEM #8F FEBRUARY 28, 2005 ,. 11. The CITY shall not have authority to add any landscaping to any of the DEPARTMENT'S right-of- ways without first making written application to the DEPARTMENT and receiving written approval from the DEPARTMENT pursuant to the terms of this paragraph 11. All requests and approvals ~.. shall be deemed to have been made and given in agreement with and subject to the conditions set forth below: +r A. Plans for any new landscaping shall be subject to prior written approval by the DEPARTGMENT'S local Maintenance Engineer. The CITY shall not change or deviate from said approved plans without prior written approval from the Maintenance Engineer. "'~ B. All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards. C. The CITY agrees to complete, execute and comply with all applicable joint application, "`' insurance forms and permitting requirements of the DEPARTMENT related to construction and maintenance of additional landscaping on the DEPARTMENT'S right-of--ways. D. The CITY agrees that it shall not be entitled to receive nor shall the DEPARTMENT be ~"' required to pay any additional payments due to any additional landscaping that may by added pursuant to this provision, including, but not limited to, any increase in the cost incurred by the CITY to install, maintain, or remove the added landscaping during the term of this Agreement, and any renewal thereof, and/or subsequent to this Agreement's termination for any reason. ~ E. The CITY agrees to be solely responsible for the installation, continuing maintenance and/or any removal and or restoration of any approved additional landscaping, without cost to the DEPARTMENT, pursuant to the requirements and standards established by this Agreement, during the term of this Agreement and as it may be later renewed and for such additional period, upon the expiration or termination of this Agreement, as said additional landscaping remains on the DEPARTMENT'S right-of--way. This agreement being deemed to survive its ~„ expiration and/or termination as to any to any additional landscaping added pursuant to this paragraph 11. 12. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other prior agreements or understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. 13. This Agreement is nontransferable and nonassignable in whole or in part without the written consent of the DEPARTMENT. 14. This Agreement, shall be governed by, and construed according to the laws of the State of Florida. 15. Contractual Services - In the event this contract is for a contractual service as defined by Section 287.012, Florida Statutes, (1996), the following provisions shall also apply: 'r" A. Pursuant to the requirements of Section 287.058, Florida Statutes, (1996): (1) The Contractor shall 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 '~" Contractor in conjunction with this contract. Failure by the Contractor to grant such public access shall be grounds for immediate cancellation of this contract by the Department. r. 0 AGENDA ITEM #8F FEBRUARY 28, 2005 (2) 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, and bills for travel expenses specifically authorized by this contract shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. "~ B. Pursuant to the requirements of Section 287.133(3)(a) and (2)(a), Florida Statues (1996): A person or affiliate who has been 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 with a public entity for the construction or repair of a public building or a pubic 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, may not transact business with any public entity excess of the threshold amount provided in Section 287.017, Florida Statues (1996), for Category T'wo for a period of 36 months from the date of being placed on the convicted vendor list. +r. 16. A Vendor Ombudsman has been established with 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 (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. .r. r-~ +~r ~. .. r .. AGENDA ITEM #8F FEBRUARY 28, 2005 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed as of the Executed/Agreement Effective Date stated below. ~. CITY OF ATLANTIC BEACH By: Mayor or Chairperson TITLE: S( EAL) ATTEST: (SEAL CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: District Secretary ATTEST: Executive Secretary Executed/Agreement Effective Date: " FOR DEPARTMENT USE ONLY "` APPROVED AS TO FORM AND LEGALITY: Attorney, Department of Transportation DATE it r.. rr . . Attachment "A" (Amendment # 1) City of Atlantic Beach Agreement for Maintenance -Additional Site itn Work to begin: April 1, 2005 through September 30, 2005 it TOTALS Cycles Per Year Total qty's. per year Cost Per Unit Total cost per year 0.60 0.34 0.26 6.00 7.00 2.00 3.60 2.38 0.52 $7.00 $75.00 $150.00 $25.20 $178.50 $78.00 $180.00 Overall Yearly Cost $461.70 Quarterly Amount 5115.43 iw rflr AGENDA ITEM #8F FEI3P.UARY 28, 2005 Maintenance Activities .R. # TREET NAME ROM O LITTER REMOVAL AC SMALL MACHINE MOWING AC SLOPE MACHINE MOWING AC CHEMICAL WEED & GRASS CONTROL GAL. 101 Ma o-t Rd. Pond Hess Station 0.60 0.34 0.26