AGENDA MEMORANDUM

Meeting Date: September 28, 2009

From:                          Bruce Ericson, Director Parks & Recreation

Subject:                      Resolution Authorizing Memorandum of Agreement (MOA) with Department of Transportation to reimburse the City for maintenance of non-landscaped portion of Hwy 441

Staff Recommendation:

Staff recommends approval of Memorandum of Agreement (MOA) with Department of Transportation to reimburse the City for maintenance of non-landscaped portion of Hwy 441 from College Drive to CR 473/Bluegill Drive.

Analysis:

In October 2006 the city of Leesburg entered into a Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT) to receive $805,000 to landscape and maintain Highway 441 from College Drive to CR 473.  The landscape has been completed and the city has received payment from the JPA.

On March 10, 2008 the City Commission approved an agreement with Annan Landscape to maintain the entire corridor of Hwy 441 from College Drive to CR 473, both the landscaped and non-landscaped portions.  FDOT will reimburse the City $9,156.00 annually through the MOA for maintenance of the non-landscaped portions of that roadway which is primarily grassy areas of Bahia grass.  The $9,156.00 is the amount FDOT would pay a contractor to maintain the same area.

The one year period of the original agreement expired April, 2009.  The City Commission approved renewal of the agreement on May 11, 2009, at which time the agreement was submitted to FDOT in May, 2009.  However, due to a glitch in FDOT’s mail retrieval system, the renewal agreement was not received by the deadline date of June 4, 2009 and the MOA contract expired. 

In order to continue the reimbursement of funds for maintenance of non-landscaped portion of Hwy 441, a new MOA contract has been received from FDOT with no revision to the original amount of $9,156.00 annually.  This contract will be for a three-year term with no increase in reimbursement.   

The Joint Partnership Agreement covered the maintenance of landscaped areas and the Memorandum of Agreement covers only the non-landscaped areas.

Options:

1.  Approve Memorandum of Agreement with Florida Department of Transportation or;

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

The approval of the MOA will provide reimbursement of $9,156.00 annually for non-landscaped maintenance of Hwy 441for the three-year period.  A budget adjustment will be necessary to include this additional revenue into the budget.

Submission Date and Time:    9/25/2009 2:35 PM____

Department: _Parks & Recreation_____ Prepared by:  _Jennifer Magavero____                      Attachments:         Yes_X___   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __________JB______                                    Deputy C.M. ___________________                                          Submitted by: City Manager ___________________

Account No. _001-0000-334-7311__ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

RESOLUTION NO._______________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY FOR MAINTENANCE OF NON-LANDSCAPED PORTIONS OF HWY 441 FROM COLLEGE DRIVE TO CR 473; AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

            THAT the Mayor and City Clerk are hereby authorized to execute a Memorandum of Agreement with the Department of Transportation whose address is 1450 Thomas Ave, Leesburg, FL  34748 for reimbursement of $9,156.00 to provide maintenance for non-landscaped portions of 441 from College Drive to 473.

            The term of this agreement shall be for a period of three years with no increase in reimbursement.  This agreement may be renewed for a period that may not exceed one three year term.   The price to be paid for the renewal period may be increased by up to seven and one half percent at the discretion of the Department.

 THAT this resolution shall become effective immediately.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the __28___ day of __September_______ 2009.

                                                                            __________________________

                                                                             Mayor

ATTEST:

__________________________

City Clerk