Resolution 00-1012ORIGINAL
RESOLUTION 110-1012
A RESOL I, [ION At TIIORIZIN(: THE MAYOR
AND CITY ADYIINIS'I'R,1fOR TO EXECUTE A
NIEMORAN UUNI OF AGRFEMEN'1IIE'FW`EF.N
THE CITY OF LONGWOOD AND '['HE FLORIDA
DEPARTMLNT OF TR-SPORT.A'FION FOR THE
N1AIN'CF.NANCE OF STATE ROAR RR; ZITS -OF -
WAY I IHE CITY OF LONGWOOD, PROVIDING
FOR AN EFFECTIVE DATE.
NOW THEREFORE, 13E IT RESOLVED, by the City Commission of
the City of Long-1. Florida as fol lo.vs:
SEC"LION 1: PURPOSE:
That Iha Mnynr and City Administrator are hereby authorized to execa1,
that 'Mem andun of Aar - Hleh—y Mein e" betry n the CITY and the
Florida Depannrent of fronsponation, a ropy If aWhM, is al-Illd hcrelo ,,d
tncorponred herein by referett«.
SECTION H: EFFECFIVE DATE: That this Resolution shall (1kc effect immediamly
upon its adoption. � -{�
APPROVEDANDADOPTEDTHIS GA DAYOFNL, h2000. /
�<—l—d. .Y., �F
Paul Lovcsvand. Mavor
ATI�ST:
C LGeN��rr�
Gem!eme D. Zarnbri&,) Clerk
I
Approved as o form end leeality for
the use and reliance of the City of Lon I,I.
Richard S. Cuylor.Jr.. Gtyf'tnrc,
CITY FY oP LONG110011
I'll
FIIFFLORHIADFTrtRlMfN I OF I RANSPOR I AI ION
HIGHWAI 11FI-1 'I"' "I'11OR11111 1101 IGRIA!MI -11
Contract Nn.: 1)-211
0011 band b-- flM
4IAHol
I "'mAl" 'Aed the DITAR I Mf,'SI ,,d III, ( I I I M LON(M (Y)ID
lt'I "I'I f S I I T I I
\i 111 IICAI,1111 of he lllllli 111A ,pd,(,- (,I ],,,Sate ofllo lhgh, �,y
)I P�' R I" li-" I ftr flk --d ,,d,— -1�, d, -d
Th,S tc lhuhS� i0"" 1 sot the Cfl znd
I III RI lily bea11.1'Id1; ........... i" —d P),
I HI RI ASth, I'l 11, 1,� l—,l ih, L8 d,) ,I
kl-h—,,I 1-1, 1.—lento hIdl I .. .one.... d--
-I—fft— to d,)
\W i I If RI I (ARf for a "ixrtoii1_ ilbene 1"' -d'
0+ to it,, other, Ne panics covenant and agree as fellows.
I. The CITY shall be responsible for routine maintenance of.11 paved, landscaped and/or
turfed areas wnhhl DEPARTMENT righ,—f-way having limits described by Exhibit A. or
subsequent amended limbs muwally agreed m io writing by boll, parties. Forthe purpose o1 this
Agreeme—, the meinteneoee fo be provided by the CITY is detimed in Exhibit B,
2 The CITY shall be responsiblefur clean-up. removal and disposal ofall debrisfom
the DEPARTMENT'S fight—f-woy (Uesuibul by Exhibit A. or subsequent amended limn
--fly agreed in writing by both parties) followimg a mamal di,t,-, d,.. hurricane. —
tad. -etc) or Rom other normal ocaarenus such as vehicle acoidents end spills. however, the
DEPARTMENT shall nor deduct feom the payment to the CITY, costs for impairment oC
performance oPany acrivl[y or pen [horooPdellneU in Exhibit B, as a result of such evrnf and the
� radiecction of CllY forces towmrds(ultillmcnt of the ClTY'S irsponaibility under this article.
i- "1'o the extent permitted by Florida lair Ne CITY agrees Nat it will indemnify and hold
harmless the DEPARTMENT aad all of flit, DEPARMIEN'rR officers agemtc and employees
fom any olaim,I—, damage, cost, chargeit, expetueansing out ofamy act attiom. neglect or
omtsson by the CITY during the performance of this Agreeanemf. whether direct or indirect and
wherher to any person or property to which the DEPARTMENT or said parties may be subject.
weep, Nat oeithu the CITY nor any of its s,lb—t.—will be liable under this secfion for
damages arising our of injury or damage to persons or property directly caused or resulting It —
,he negligence of the DEPARTMENT ornny of its ,Ift .....phi, or eanployees
4. If. at any time while Ne terms of this Agreement ere in effort, it shall came to the
xuMt ,onrrwc tt stw __aaes wn.i. nE zri e 2
a,tentionofthe DEPARTMENTS District Direeto,of Operations. Dia,rict 5,1ha, the
CITY'S responsibility as established berein or a part thareof it not being propuly accomplished
pursuant to the terms fthis Agrcem ,said District Di,—,, of Operations. District 5. m, at
hisoption. isstea.vri,ten noticemcare oH,h Public Works Directorto placesaid Cl"IY o0
nonce thereof Thereafter the Cl"fY shell l,nveaperiod of(30)thirty eelondar days witt,in which
to correct the cited deficiency or delieienctes. If said deficiency oe defieienues ere not corrected
within this time period the DEPAR TMENT may at its option, proceed os follows:
(A) Maintnin,he madwey_madinn s,rip or roadside area declared defieiaot with
the DEPARTMENT ors Cantractor'e material, equipment and personnel. The actual cost for
such w,,k will be deducted from poymen, to the CITY or
(0) Tem,inate this Agreement m accordance with Paragraph 1 I ofthis
r AgreunenC
5. 1, is understood between the pumas hereto that the work --,l by this Agreement
may be adjusted at any time in tho futon upon written ag,--t signed by bath parties es found
necesxary by the DEPARTMENT m o,du thm the odje— stota road be widened, altered or
o[huwise changed v,d maintained to meet with fuwm ertterta or pluming of the
DEPARTMENT.
6, The Dap--tvgrees to pay to the CITY OF LONGWOOD, following a Netice to
Pmeeed, compensation for the cast of maimenance as described under It— I ofthis Agreement.
The poymen[ wil l be bI Me amoum of $8,925.00 per QUARTER fm a total sum of $35.700 00
pu year. In the area, this Ag,eunetn is terminated as established by Paragraph I herein,
r
meat[ tn<rzcam, I`t of 1111 NNo. aa9s5>1 12o3 Co —, nE 1I
shall be prorated to the date termination o-- Detniled quarterly invoices, as provided fntther
herein shall be sent to the Maintenance Contract Engineer of the Department et 2400 Camp Rd,
Oviedo Fl 32765. Delivery shall be effective upon receipt ofa pauper qua,erly invoice which
details all qua uues completed and is acoompoaied by my-6m ,tad do<umevts.
]. Payment shall be made My after receipt of goods mtd services as provided in Section
215,422, Florida Siat-,
'rhe CITY will repo, with each invoice submittal, a suininary ofall mainunanee
ac Mtwm completed that quarter. This repo, twill be based on the F.D.O: f. Maintenance
Management System Aa,Mv and production reporting standards_ Seven(7)eelendur dayswill
be a11—d co approve goods end services upon receipt of a correct invoice as provided further
herein and all ..d by Section 215 422(I). Florida Statutes.
In Udhemnce of Section 215,422 of the Florida Statute, the parties agree es follows:
(A).4ty penalty far delay b, Payme,tt shall be m accordance.,ith Section
2l5A22(3db),FloridaS--. Section 215422(5). Florida Smmtes provides tbat all purchasing
agreements ben�een a state agency and a vendor, applicable to this secuon. shall inolude a
statement oPthe vendor' rights nncI the crates responsibilities under this section The vendor's
rights shall include being provided with the name and telephone numbs of tlx Vendor
Ombudsman within the Department of Banking end Finance_
(B) The CITY should be aware of the following tune Rmnas. Upon receipt thn
Depa,ment has seven (]) working days to inspect and approve the goods and servicos, n9
allowed by said siumtz l'be Depunmem has 20 days to deliver n request for payment (voucher
r
n¢monnnount arnanvurwr COUrv�vorse�nlrvois nrvtto.. +uns�i'r_o3 eoiinaz�. n[.ei vy.4
t, the Dil—t of Fin—)" The 20 days are --td from the l—, ofil,, date a p,.p,,
Invoice I, —,wed at the 1—fi- stated h—m or the 9o1,11 or —1i.1 are received, mV—d
and d" did—, -- later.
(C) If payment is not available -h,t, 40 days, m-- a, the me set b, S—w,,
55X3 of the Florida Btatute, -11 be dti, and ,VW., m addition to the fitl.ke --' to the
CITY. Interest penalties ofl— than one ($1.00) dollar will ... b, ,f—,d -1— tha CITY
Y
requests m-, The i—i— which have I. b, --d to the CI FY b,.— ofCITY
,—ti- -- will -.It m a delay in the payment. The invoice payment acquirements &
not start —b , properly completed i .. it, is provided to the D,--t.
(D) A Vendor 0mb,id—,, has been established within the Department of
Bt,i and Fit,, —The W,b,,, oftkia mdMd,,J include -mg a, . ad-- f., vendors
who may be experiencing bl-,, in obtaining d—ly payment(,) ft,t,, the Department. The
V-d,, C,,tb,,d,.. may be —,.—d at (SSO) 410-9724 or by palling the State Comptrollers
Hotline. 1 800 949-3791.
8 Bill, for Cees or other wmpansation for h,,II be ,,b.ilted I.
detail sufficient for , prop,, p-,,,dit and C,-udt thereof, and tl,,,t bill, f., travel expenses
s,df—1 ly uth-nd by this Agree— shall be submitted and paid m —,d— with the
,a- specified it, Sutton 112 06 1. Florida S,—t,,
9" R—M, of costs ui—d under 1— of1hi, Ag—,,— shall be —i—i— and —de
available up.,, ,q—, . the D.,--1 at all It— d,i,mg the period of IN, Agreement and
for three y .... f- fi-I payment is =& Copies ftlh— d ..... tl, and —,d, 0,11 b,
.1151 1 —1 —1.. li, 271 5
famished to the Depanment upon request. Records ofcosts imeurred include the CITY'S general
accounting records,,gfl rwith supporting documents vnd re cord, of the CITY and all
subennuaemrs performing —k and vl I other records of the CITY and subcontractors coraidered
necessary by the Deparment for a proper audit of casts.
M 'l k CITY shell Al., public amass b all docoments, papers, levers, orother
material subject to the provisions o1 Chapter 119, Floridv Stvtutes. vnd made or ceceived by the
CITY in conlunetiov with this Agreement Fvilureby Ore ClTYtogrant such publio vccess shall
be grounds for immediate unilateral cancel laden of this Agreement by the Dep--,
11, This Ageement or any part thereof is subject to termination under any one of the
fallowing conditions:
(A) ]n the evwtt the DEPARTMENT e,—i— the option identified by
Paragraph 4 ofthis Agreement.
(B) In ehe event the Legislature foils to make an annual appropriation to pay
foe the CITY'S services to be performed hereunder_
11 The term ofthis Agreement wmmutces on the date,. it n Notice to Proceed is
tssned to the CITY Mmtager by the Department's Disuiet Maintenance Engineer. District, and
shall continue for a period oCenT Gom the dvtc ofissne of said Notiee to Proceed.
This Agreement has v renettal option Renewals 11,111 be on an annual basis not to
--d two yearly renewal period,. or if the original term is gmaror thnn one year for no loneer
T. one additional rern. subject to the scone prices and ass-l-d quantities as well as all other
terms nod conditions set forth in this Agceentent, esoept that the price to be paid for rite renewal
r
nttrvtoannouniof aoxeEmEui.-TY of stw+unote ew rvo.._-11 1 c_os --, Ae Ill 1— 6
periods may be increased by three (3) percent.
Renewals shall be made at the disvretion and option of the Department end agreed to in
wrmng by both panics: i.e.,'I" CITY Manager fit,, the CI fY end fe District Directorof
Operations, Uisvict 5, forthe DEPARTMENT. Renewals shell be wntiageurupon satis(actoty
perfrmavve evaluations by the DEPARIME.NTand subject to the availabil ily of hinds
The term of this Agreement may be extended for a period not to exceed six (6) month,
upon. inen Agreement by both parties and subject to the same 1— and conditions us
applicable far renewal of this Agreement.
13. In the event this Agceement extends beyond the DEPARTMENT'S current Fiscal
Year that begins on Iuly 1 of each yearand ends on June 30 of each sueceedivg year. the CITY
and the DEPARTMENT mutually agree that the Stare of Florida's performance and obligation to
pay under (his Contract ie contingent upon nn amtuel up,l,ialm by the Ugislatur, hr
addition, Suction 339.135(6)(a) of the Florida Statutes is it, wrporated by refere— and set forth
herein below as fol loos:
F.S.' 339.135(6)(a)" -The DEPARTMENT, during any N-1 Year, shall
expevd movey, incur any liability, or enter into any Cantina which, by its
ve Invalves the e,pendimre of td nay in excess of then is budgeted as
ble foe expeaditute during such Fiscal Y., Any Comnct, verbal or
cm adei vwlati tof1hissubse6-shall buuull and void_ and no money
shull It, paid they- The DEPARTMENT shall squire a statement from the
Comptroller of the DEPARTMENTthat funds are available prior m entering into
any such Con otM1er binding commitment of funds. Nothinghereitt
ar�ncd shall prat tt the making of ea—ie oae Conti w for a period tg (I)
but wty C-1—I sa made shad) be executory only foe the surseedidg f ea1
DEand this p—R,aph shall be inw,—Nd verbatim in all Contracts of the
DEPARTMENT in excess of 525.000 end having a term fr a period of more than
one (1) Year_
14. All work done on the DEPARTMENT rights-ofw,,y shall be accomplished in
aecoM—, ith the Dcpattment of't,onsportation Manual on Uui f n Taff,, Control Devices and
The Depanment of Transportation ROADWAY AND TRAFFIC STANDARDS CURRENT
EDITION. INDEX 600 SERIES-
15, Thi—itingembodiesthe entireagruenten, and under-n.uding between the p.nies
harem and there are no other agreeanents.oA understandings. oral or written_ with reference to [he
subject matte, hereof that arc not merged herein end superseded hereby.
16, This Agreement in nontransferable and nonassign.blc iu wh.lo or lu Dart without
consent of'the DEPARTMENT
17, This Agreement,,egardlcss of when eseeured, siw,l I be governed by and c.astrued
—Ming to the laws of the State of Florida
IN. Ape,mn or nffilm—fio has been pl.oed on the convicted vendor lie, WHIM,
conviction fora public entity crime may no, submit a bid on a eont,ae, to provide any goods or
senicest apublicc .,any not submits bid on aconrcnc, with. public Iidi,y forth,
eons„ueuoa or repair of a public building or public rv.,k, may not submi, bids on leases If
prope,ty to a public entity_ may not be awarded or pe,form,vo,k as a cout,ecto,. supplier.
submanactor. or cousuhan, under a com,nut with any public -ldy, and may not transact business
,rich any public entity in exceus of the threshold amount provided iu Sec,ion 287.01 J. fb,
CATEGORY TWO far a period of 36 months from the dale IFb—g placed on the convicted
rend., list.
EXHIBIT"A„
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
SECTION S.R.LOCATION DESCRII✓1'ION LENGTH
77110000 434 F—, 14 MY, 5,195 to If lmo Road MP. 9,185 4,00
77010000 15/600(17/92) Fcom S—mi In Bl,d_ MP 3,386 to Shepetd It&MP 5.730 234
f
EXHIBIT "B"
ACTIVITY
DESCRIPTION
REPORTING
433
SODDING
SQUARE FEET
435
SEEDING, FERTILIZING, MULCHING
ACRES
436
REWORKING SHOULDERS
ACRES
451
CLEAN DRAINAGE. STRUCTURES
LINEAR FEET
459
CONCRETE SIDEWALK REPAIR
SO YARDS
461
ROADSIDE III'ICHES CLEAN AND RESHAPE
LINEAR FEET
471
LARGE MACHINE MOWING
ACRES
485
SMALL. MACHINE MOWING
ACRES
RG
WEED CONTROL -MANUAL
ACRES
4911
FERTILIZING
TONS
492
TREE TRIMMING AND REMOVAL
MANHOURS
498
STORM WATER MANAGEMENT
ACRES
527
FENCE REPAIR
LINEAR FEET
542
ROAD SWEEPING (MANUAL)
CURD MILES
545
EDGING AND SW EIPING
EDGE MILES
995
MAINTENANCE. SUPPORT SERVICES
MANHOURS
nn"oa.rvou.io, wai u,cxr cocmry or srn�ino�[twrvo. »xs, i�_o, c���imn. u. �i rip. 10
�� � � < __
>.
w��,
.�
fF,
pf
r � ,an ,Fa
,� , —�,.,��, ,� o. ,