Resolution 98-935rior,aa P cme~c oc x~a~eeorcae,o~ ~eoo*i e.e==en o~ a, issa, am cne
ac cne r omm,ss~o~ four e~ao~ses cne ~o~«a~z ee~wee~
«~o ~ ~ o< <na ~ ~a ~ ~~ e=. ~~ YoE
s ~. a, F~o=~aa, o j e,
AGENDA MPMORANDLIM
To: Honorable Mayor and City Commissioners
From_ W-Shelton Smlth, City Adminwuator
Date: t/IS/98
Subj: Renewal F.D.O.T. Comma far 1998
R~[DMMFNDATIDN'.
[ recommend the City aaoept the renewal of the F.D.O T. m m. (as per attaehad)-
Richard Taylor is familiar vnth this contract and in speaking with him today.. he reaffirmed this,
and had approved the content last year.
EXpLANATIONIRACKGRO[1ND-
Flighways' 1y-92 evd 434 have beev on a connect with the Ciry fr the last 20 months Ayear
wal is required. The renewed contract will run from May 20th, 1998 through May 19th,
1999.
The renewal contract will be for the same amount of monies from F U.O.T. which is 333,000 00
per yeaz. I inquired if mo could ba negotiated this year evd w told that this is the top
t the[ is paid by [Ite State for this type of co t. [n r wing th i et the Packs
Deptn ll be able to eontivuetha maintenance afthase highways atthe level htisnaw which
beautifies the Ciry's rridors and will be an enhancement to the promotion of morebusinasses
settling in these areas ofthe Ciry
Flc A~AST-
As pnr the attached latter please note that the contribution by the City to this project is
S38 912.28 wlvch includes depreciation oPequipmeut. vehicles and incudes gaa, oil and repairs
Minus the 533,000 the[ the State contributes and the City will be resDOneible Por S13,O12.28,
which also ivcludes ovetuvporery employee (in case of an emergency, ie- staff illnevs or
injury). The 533,000.00 we negotiated last year was double fiom the year before movies of
SIfi.S]S,Oq so therefore we can vow meiv[ain the aovtree~ts chlowervu-
SUBMITTFU BY. /'
Io n Rr k comet Ser-
APPROVED RV-. __~,L_____;_~i_~_~~-
W- Shelton Sm,th. pry Admirtisttator
To Shchon Smith, C.A
Vin: Julm Itrock, Ceimn. Ser A4//
front. ~Sandm Lomax, Parks
IJam: (/19/98
Net F IJ.O I'. Contract Renewal
As per ached you will see the requast for renewal [or the mowing eontmn linen f U.O.T.
Wehavc now been l'ulflling this contract(s)for the tan 20 months. Prior to this last years
uc done on e.vtimatcs until we fitushed x full year. at which time I informed before the
was due lhallwonld have very close actual figures. fam pleased to say that the
way above the a ual. This year the City co will be approx ately St3,012.28,
wshich et<ludcs gas, oil, repaircand depreciation, after the F D O T_ paym nt of 533,000,00 per
wmract year. This is because of several reasons I will list bolow.
A. Weheve three new people on the crew (three left through resignation, disdtergc and
aosfer)_ lTeso were longevity people with much higher pays. The new people we have arc all
working wish the lower wages for their position. Combine this with the 16 hours reduced fiom
ach of the 20 cuts putting 7A Hours as the wrreet lime spun on tbejob. (it wee taking the otner
w 40 hours to complete the srtme work and this wrrent staff closed Clio time gap to2A hours
per and the ayear(winter monthx)we spend l4 ~OUrs, during slow growing grass
,~ n~ cleaning~dmhts~and maintaining the crash and drbns cleanup. trimming trees end general
ma~ntenattrr, banu.(mnn«ary aaeinsa erszz~og.oo/. Trey am ex~enem.
B_ They are able to tlo with only one temporary sniff person. (only used in case of an
mergency) on the highways (monetary savings of %7,100 00). The roads arc now in lop
condition end a regular routine is set far each cup Phis Drew is very herd working and dedicated
o the beeutiGcetiott aspeu of tbejob. I also introduced a time motion study/survey wish a
ring log on all ectiviry maintained on the highways about 10 months ago and that has been a
valuable tool for all concerned.
bast year f cstlmrtetl that it would wn the City approximately %44 420.50 as their share o[the
t of the c a full year of ma ce had not bee omplued. how r the above
mamtoned cost is now the bell eppro tmete, correct figum with ell the a vings hediwted.
~_.=-_
.FLORIDA ~ DEPARTMENT OF TRANSPORTATION
~~~F3a~ s
i
«~G/~'i~/'19~{~~~~.. P.E.
~.a
OR161NAL
CITY OF LONG\VDOU ANTI TlHt FLORIUADPSAIYTMI~;N'f OR"r1iANS1'OR'FA"1'10_j' o-
r HIGH\V.\Y MAIN'I'ENANCC MEMOIi.ANDi1M OF AGRI~,Ri~IENT N -
Y'. II. O. T. CON'CRAC'I'NO. AI~:A9!
THIS Agreement, emarod into dtis ~~~ day of~7~, 199]. by rind between the STATE OP
FLORIDA. DEPARTMENT OF TRANSPORTATION, acomponent ngency of the State of Florida,
hueinaNer cnlled dte DFFARTMCNT and the CITY OF L,ONGWOOD, n political subdivision of the State
of Florida, existing under the Laws of Florida, hereinafter called the CITY.
W ITNES SETH
WHEREAS. as a part of the continual updating of the Stare of Florida Highway System, the
DGPARTM[:NT. for the purpose oCsafcty, has created roadway, roadside areas and median nrips on that part
of the State Highvny System within the limits of the CITY; and
~ WIiERLAS. the Cl"fY hereto ie of theoDinion that snid roadwny-roadside areav and median
snips shall be nn~aetively maintained;
WHEREAS. the parties hereto mutually cecognizx the need Far entering trim an Agreement
designnnng and swing forth the responsibilities of each pany: aad/q
wHERI:AS, the CITY, by Resolmion dated the tan dvy of ~,19y~, attached
hereto as Attvchment"A". which by referenoo hereto vhall bewmc a pan hereol:deairea to Gttu into this
Agreement and authorizes its oticers to do sro.
NOW.'I}IERtFORH, brand in oonsideration ofthemutual bcnehts to flow each to the othu,
the ponies covrnnnt vnd agree as Collows:
1. Tnc crrY SHALL bo rcsponsmle r r ronroe maimsaan~e orau paves. IaaASCeprd endmr mrted
r
dress within DEPARTMENT rightsrof-way having limits dose bad by Exhibit A-ornubsrquem emended
limns mutually agreed to in writing by bosh panics. Por the DUryosa efthis Agmeinent. thcmaintenance to
be provided by the CITY is defived iv Exhibit E.
2. IYre CITY SHALL be respovsible f r clean-up, removal and disposal ol'all debris from the
DEPARTMENTS rightsrof--way (described by Exhibit A, or subscyuent amended limits mutually agreed in
writing by both parties) following a natural dsastu (i.c hurzicane, tomadoea, eta) or from other normal
oocurrutces such az vehicle accidents end spills. However. the DEPARTMENT shall not deduct from the
paymGn of the ClTY,costs[br impvrmant of peKtrmance ofany activity orparl thereof defined inP hibit
B, ns n rosuh of such event and ehe redircotiav of CITY forces wwmds fulfillment of the CITY'S
responsibiliryvnder this ankle.
~ 3. To the extent permitted by [lorida law the CI"CY agrcos that iv will indemnity and hold harmless
the DEPARTMENT and all of the DEPART'MENT'S ofFCers. agents, and employees from any claim, loss,
damage. cost, charge or expense arising out of any act, action, neglect or omission by the CITY dmin¢ the
perfonnmce of this Agreemen4 whether direct or indirect, and whether to any pereon or property to which
the DEPAR"CMENT or said parties mny be subjcea. except that neither Ne CITY nor any oCits suboonrtec[ors
will be liable under this section for damages arising out of injury or damage to persons or property directly
vaused or rcsutting from the negligwoe of the DEPARTMP;N"f ur any ofiu o[ticers, ogetrls, oremployees
4. If, at any time while die temrs ofthis Agreement arc in effut, i[ shall wme to the attention of the
DEPARTMENT`S District Direuor of Operations- Distract 5. that the C[TY'$ responsibility as established
nereia or a pan mereuf ix nol being propedr ncu,mpbaned pnrsnam m n,e ler~nx of mix Agmemem. seta
r
Uislrict Direcmr of Opcmtions. District 5. m _ m his option. issue a wriuen naliw in wee of the Public
Works Director to place said CITY on votiu Wercof. 'Cherwfies the CRY SHAT.[, haves period of (20)
shiny calendar days wihin which ro oorrcct the cited defoicvcy or deficiennes. If said deficiency
or defieieuoies ere not coerecled within this lime period tho DEPARTMENT may at its option, proceed as
follows:
(A). Mainmin the roadway, median snip or roadside area declared deficient .vith the
DEPARTMENT or a Contractor's moterial, ulnipmG~t and peaonvcl. 'Che actual rosl for such work wil I be
deducted from paymenT to the CLTY or
(R). Tennioaie this Agreement in aacoedaveewith I Wm I2 of this Agreement.
5. It is understood between the patties hereto mat the work covered by this Agreement may be
~, adjured at any time in We future as found necessary by The D6PARTMEIJT in order that the adjacent state
road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the
UEPARTMENT.
6. The Deparhnemagreas to pay to the CITY quwterly (each Wren month period following a noriee
to proceed) compensation for ehe cost of maintemnce as described under Item I of this Agreement The
payment will be in We amount of SN,25U.00 per quaver for e total sum of 533,000.00 per year. In the event
this Agreement is terzninated as crablishcd by Item 12 herein payment shall be prornmd ro the date
term~nanon oeours. Dotailed quarterly invoices, as provided furhter herein shall be sent to We Maimenance
Contcaes Engineer of the Department at 4201N_ I.nndstree Road Orlando CL 12R24. Delivery shall be
~ ti,ee~oanuovei of nunun+tni arr of wrvewcon rw vo. n9wwwna wiina_.ai_wn i,wts
enbetixa apoa re~ivt urn prnpergnartery mania wmc~, aanha;dl gnanbbnx wn,plcred and ix arsompaniaa
r
by nny associated documcntz
~. Payment shall be made Duly efler receipt of goods and scrv'iccx u provided in Section 215.42.
Honda Statures. whiah'is inwrporaled by reference, aad set forth herein below oe' Iollows~
21 S.A2 Vllrrhascs from appropriations, proof of delivery. The Stale Comptroller may
require proof, os he or she deems necea ", of delivery avd receipt of purcbasea before
honoring nny voucher (r payment from appropriations made in the General Appropriations
net or otherwise pmvided by law.
The CITY will report with each invoice submittal, a summary of all meintenenee activities completed that
qumter.l'his report will be based on Ne F.D.O.T. Maintenance Managemwrt System Activity end Production
reporting svandards. $eNUI ('1) calendar days will be allowed to approve goods and services upon receipt of
~, acorrea Invoice as provided Curther herein and allowed by Section 215.422(1), Florida Stemtes.
8. Section 215 "122, Ylorida Statutes is inooryorated by reference and set foM heein below as
follows:
zls.azz war adla ...a ma , , ~x ~, a uIn ,; di.""path raxombon,
agency orjudicial brunch comPllonceowe
(1) The vouchernuthorivog payment of an invoice submitua a an agency ofNc stets orthe
judicial bmoch, reyuirN by Ivw to bn tiled with the Comptroller. shall be flod with the
Compvoller of Iota than 20 days aher receipt of the invoice and receipt inspection, and
approval of the goads or aevices. except that in the case of a bona ~Ue dispute the voucher
shall wntnin a statement of the dispute and euthcris payment only in the amount not
disputed. The Comptroller may establish dollar Ihreaholda and other aiteria for ell invoices
and may delegoie to a state agency or Ihejudieiel bmnell msponsibllity far maintaining bra
official vouchcrx end documents for invoices which do act e=ceed the thresholds or which
et the eswblished criteria Such rewrds shots be mointainrd with the requirements
stablished by the Scaemry of Smte. "flee aleuronio poymont rer{uast tmnsmission to the
~ alaWOa,woun~oi ..enir~ierv. err of wnawplo lea na. n9as~v~om aiiuo. ssrscw sacra
Comptrolltt shall wnsitule IiI~-- nl > ,richer tin payment of invoices for which the
Comproolla hvsdelenated to an,~. <<~~a~~v~fo(hcial records. Approval end inpection
of goods or services iholl take ~ wonting days unless the bid spceihovtions,
pnrm,nxeorder. nrwmreaa, Ira ~ouanar read w,thm a,e2o,lar perioa ix
umed by the Deparment ~~i ue becaaseofen error, it shall neverthelesx
be timely bleb The 20~1ey li.;:.e rr.,airement may be woivW in whole or in part by the
Oepenment of DenkinS and finance on ashur+ing of exceptional ciroumstonees is oecoNanee
with rotes wdregulations of the d nt. For the purposes of detemtining the receipt of
rce date, the egettoy or thejudicial bench is deemed to receive en invoice on the dare on
who h a proper invoice is fat received at the place designated by the agency or the judicial
branoh. The agency or the judicial branch iv deemed to receive nn invoice on thn dace of the
oeif Ne agenny or thejudicial branch haz failed to annotate the invoice with the date of
ceipt at the time the agcnoy or thejudicial branch auuelly received the Invoice or failed at
rho time the order is planed or contrau made to designate a spneitic location to which the
uxt be delivemd.
(2)Thew in paymemofvn mbmiued to an agency ofthe sate or thejudicial
breach shall betissued not Ivtor thenorl0 days of or Ne fling of the voucher authorizing
payment tloweve~ this requirement may be waived in whole or in part by the Depattment
of Ranking and Fina ashowing of exceptional circumstances in accordance with mien
atd regulations ofthe department. If the 10-day period contains fewer than 6 working doge
the Depamnent of Banking and Finance shat l be deemed in compliance with this subsection
if thewarrant is issued within 6 working days without regard to the actual otunber of extender
days. For Durposes of this section,apeyinent is deemed to be issued on the first working day
that payment is available for Delivery or mailing to the vendor.
(3)(a) Each agency of the state or the judicial bronoh which is required by law to file
ouohus wiW We Comptroller stroll keep n record of the date of receipt of the invoice dates
ofreceipS inspeetioty and eppmvnl of the geode orservices dateof filing of the voucher; and
date of issunnw of the warant in payment thereof. If the voncher is not tiled or the warrant
sued within the time required, an explanation in writing by the agency head or the
ch of Justice shall bo submittrd ro rho Depvnmem of Btmking and Finance in a manner
prescribed by it. Agnnoias and the judicial bmnrlt shall continue to deliver or mall state
payments Promptly.
(b) Ifa wnaent in payment of nn invoice is not issued within 40 days nfier receipt of dre
end receipt, inspection, and approval of the goods and services, the anency oejndicinl
brnnuh shall pay to the vendor, in addition to the amount of the invoice interest at a rate as
stablished pursuantw s. 55.01(1) on the unpaid balance hem dte expiration of such 4Pdny
period until such time ns the warrant is issued to the vendor. Such interest shall be added to
the invoice at the time of submission to the Compuroller I'or payment whenever possible. If
addition of the interest penalty is not possible the agency nr judicial branch shell pay the
intv.r xt penalty payment within li days afro issuing [hc wnrtent. The pmviaions of this
r rvru~orznuunmoe n~ntlnnrvrnrtr of inxerronn rev rvo nsozmom wrino. sm~,w i~ph.
parasapn appir onlr to nr ~.. mad a~noama o.. whim paytmm~ nos ~--~n anNodzad Diantnes
shall be texolved ina~~~~~~'...wilhnilcs developed nndadnptad h.' nie(nwrice for dte
judicial brunch and r '-~~'.h-. Departntmtt of n n formal
ad tr .:b Ipec nfth. H arings
fo e agr - - ~. the Purpos,7' ~t ~. I to I nt y to n dispute
valuing loss that Fl st penvhics shall'. tad to ~ tbsyu tinllY nffoaed by
the dispute to hav suFnr~ tial in nthe d. . r. the dispute. In the case
of an on Ne pan of the vcndor. the 40day pe , '-shall begin to rvn upon receipt by the
agency or the judicial bmnch of a oorreated invoice or other remedy of the crtor. The
provisions ofthis paragraph do not apply whey the f ling requiremcm under subsection (1) or
subseotion CZ) has been waived io whole by the Dcpertnrent of 13enking end Plnanoe. the
e egencic~ and rho judicial bmnch shall be responsible for initiating the penalty
payments required by this subsection and shall use this subsection ns authority to make such
p¢ymwK The budget request submined to vfie Legislature shall specifoally disolose the
t of any interest paid by an agency or the judicial bane6 pure o this subsection.
'Ihe uempoary umvailability of funds to make a timely payment due for goode or services
does not relieve en egcnoy or thejudicial branch from the obligation to pay interest penalties
under this section.
(c) An agency or the judicial branch may mxlce partial payments to a eontmetor upon partial
delivery of goods or services or upon partial wmpletion of wnstruvtion when a request for
such partial payment is made by the wntrnctorand approvetl by thcagency. Provisions of this
and rules of the Department of 6enking and Finance shall apply to partial payments
in then s they apply to full payments.
(A)[fthet soFthci ceprovidea disc tofpayme in less than l0 days, ngeneies
ofNesmte wdjndiual bmnch shall prefuvntially process it antd use all diligutoc to obtain the
ving by compliance with the invoice terms.
s(5) All purchaving agmements between v sate agency or the judicial branch and n vendor,
applicable o this , aholl include a of the endor rights and the s
stetameut '
respovsihitltics audcr this sactlon. The vendors rights shall include being provided t:ith the
and telephone number ofdte vcndor ombudsmen within the Depnrlment of Bevking and
Pitmnce, which information shall also be placed on all agency or judicial branch purchase
orders
(6) TheDPartmem of Flunking and Fnance shall monitor each egntcy's and the judicial
branch's compliance with the time limits and interest pcttalty provision oC this nectioa The
department shall provide e report to nn agency or to the judicial branch if the department
determines that the agrncy or thejudicial bmnch bas failed to maintain tin acceptable ate of
ompliw vith the ti a limits wtl in nt penalty provizinnc of thin se The
departmemshall eslablislmcriteria fordetentening ao..sblet omplianec~The report
>natl also instate a hst or late voncnera nr parmenb, the a»,oam ~t mmrest e.tca or paia, ana
any conecu.e nvuons rwommended. The dapenmem I pertann manuoring
'csponsibilitics- puauant to this seuion, using the Manupcnrcnt ticrvicca and Purchasing
Sobsv or the Stvte AmomareA Matugen ntAwouming Subsystem provided in s.215.94.
Loch agrncy and thi judicial branch shall be responsiblc for the ocourvcy of information
tared into the Manaee+nent Services and Purchesine labsystem or me Stale Anamated
Maoagemerot Acnowrcing Subsystem for use in this monitoring.
(]) Thcro is ercatcd a vendor ombudsmen within mr, Den, anmenr oCHanking who shell be
esponsihle for the Following functiorva:
(a) Performing the duties of the department pursuant to subsection (6).
(b) Reviewing requests for waives due m exveptioual circumstanws.
(c) Uissrnrinating information relative to the prompt payment policies of this slate and
ring vendors iv receiving their payments in a timely manner.
(d) Performing such otherduties as detenniued by the department.
(g) the Department of Hardcing end Pinanee is authorised and directed m adopt and
promulgate ales and regulations ro implement this section and for resolution of disputes
nvolving amounts of less than $1,000 in interest praralties for sate vgennics. No agency or
the judicial branch shall ndopt nny rule or policy that is inconsistent with this section oe the
Uepaztment of [3aNcing and Finance's rules oe policies.
(9) Each agency and thejudicial bronnh shall include in the official position desoriptiou of
rv o[licer or employee who is responsible far the approval or processing of vandor's
or disnibuti of w endors diet the require of this
vndatory. Iv additionncaoh employee sI nII be required to sign a slvtemmt at least aonvally
that he or she has been provided wiN a copy of this section and the rules promulgated by the
Compvollu. The statement shnll also acknowledge that the employee understands the
approval and processing time limiwtions end the provision for nummatic interest penalty
payments Eaoh agency and the judicial branch shall certify its omplionce with this
subsection to dre Compuolleron or haloes Febn~ary I clench ycvr.
(10) t'ersis[ent failure to comply with this section by nny vgeney of the state or thejudicial
branch shnll conshmte good carisc Por discharge of employoes duly found responsible, or
predominately responsible, for failure m wmply.
(I1) Travel and other reimbursements m sate officers nud umpluyees mss be the same az
payments m vendors under this section. This section does not apply ro payments made m smtc
agencius. the judicial branch, or the legislstive brnnclt_
(12) In the event lhata stateagenoy or thejudicial brandy contracts with alhird party, uses
. e.olving lvntl. or pays fromalocvl bunk account ro process end pay invoivcs mrgoods or
. all requiremetris for fnanoial obligations and rime promseinp sw mrth in this section
shell be applirxble and the sate agency or thejudiual brunch shall be rcsponsiblc Cor paying
vendurs the mimes assessed for untimely payment. Thc.sorc agency orjndiciel branch may,
through its conimm with uthird potty, require the third puny to pay interest from the third
pang's mods.
p3> Neneid,amnding me pr„visiens aratmaeminna P> aw 0 z>. in nmm m aueoiare any
namanip mat mny be <an=;~ to a hedm, care proviaer na n maws of array in tacit-ing.
r imbu¢-ement for xerviccs. vny pai~mun or p~yntcnix for hospital. medial, oroNcr bc~lih
which ar o be reimbursed by e state agenry or me judiGOl branch- cimer
dnreetly ore ndimcdy, stall be laude io the hevlih cure orovided not more than 3> days Cron
the date eligibility Cor payment of the claim is cletnmined_ wo score agency or thejudicial
bench shall pay the health cam providul imemst otn mte of I percent per month cnleulvted
calatdar day basie on the unpaid balance time the expiration of such 35-day period until
oiuch time uv payment is made to the hrnlm cmn provider, unlevs n waiver in whole hax been
granted by the Deportment oft3ardring vnd Fioanm pursuwt to subsection (I) or subsection
~~)
(I4) The Comptmllermay adoptrules to authorize ndvenee paymenu For goods and services.
including, but not limited to, mnimenence agreements and subscriptions Suoh roles shell
provide objective criteria for determining when it ie in the best intecast of the state to make
payments in advance and shall also provide for adequate protection to ensum that such goods
will be provided.
o (15)'Nothing wntained in this section Shull he ronsvued to be an appropriation. Any
t which becomes due and owing pursvonr to miv Becton stall only be payable from the
appropriation charged Por uch goods and scrzvicrs.
(t~ Notwvhstanding the pmvisiorns of s. 24.120(3} applicable warrants issried frr payment
oC invoices robinined by the Depaitmarr of Lottery, the Wmptroller mny, by written
Agree wiN dte Deportmeot of me Lottery, establish eshoner time mquir nt than the
l0 days providea in subsection(2)for wvrrnnts issued for payments. Pareuant ro such written
Agmement, the Deportment of Lonery shall reimburse the Comptrollu for costs associated
.vitb processing invoices under the Agreement antl of processing oaYRnnding debt and pri[e
payments porsannt to s. 24.1 15(4).
In CuNYUance oCSeuion 215 422, the parries ogrm as follows
(A) Any penalry for delay in payment shall be in aceordnnce .vith Secpon 215 422(3)(6)_
floridn Statutes. Saetion 215421(5), plurida Statutes pmvidca that all purchasing egrcemen6 betweena state
agency and a vendor, vpplicable to this motion. Blatt include u statement of the vendors rights end the state's
responsibilities under this section. 'Ihc vcndor.s rights shell include being provided with the name and
telephone nnmbee of the Vendor Ombudsman within the Department of BnN:ing nvd Finmca•_
(F3)'[lre City should be aware of me following dme frames Upon receipt, the Deporment has
r Mu~sroavvoun~orwau.Harrt an ni waarrwn rourva. neosr <rnr xiiao. snirzew ewrs
amen (e working den m inmen and oppro~e n,e goods aria ~cr.-ica~. LLt minw~ by a:dd amw,o. me
Department Has 20 days .a der~ara reaneat ror paymem (eond,er ,o ma Drnanmen, of Finanuy Tna 20
anya are measnr d r o,n e,a m„er erne aa,e a proper invoia is aeai~ea a. o,e maa,~on alma Harem er me
goods or services are received, inspev,cd and aPProved wnicheverocaun~ lu,er.
(C) If paymentis no, available wi,hio 40 days, a separate in,eres, "rate sal by Section 55.03
of the Florida Sta,ute" dray wil I be due and Datable, in addition to ,he invoice amomt, to the City. Intuest
penalties of less Then one (SI 00) dollar will eat be enfotred urvess dte City myuests pnymenl. The invoices
which have to be renvned to the City because of City preparation errors will result in a delay in the payment.
The invoice payment rcquiremevts do nol Hart until a properly complGOd invoice is provided to the
Deprtment.
(D) A Vendor Ombudsman has boon established within dte Department of Ranking and
~ Finance. ITe duties of,nis individual include acting as an advocate for vendors who may be experiencing
problems in obmining timely payment(s) [xo,v d,e Department The Vendor Ombudsman may be wntacted
at (9047 488-2924 or by cnllin8 ,hn S,ate Comptrollers Idotlive, I A00~48-3]92."
9. Rills for fees or otAcr cnmpcnsation for serviers or expenses shell rte submi,ted in detail sufficient
for a pmper preaudi, and pos,audit thereof, and that bills (or travel exprnses specihcaily authorized by tfiis
Agreemem ahatl be submit,ed and paid in aceordmee wiN the vales speeifed in Section 112.061. Florida
Statutes.
10. 2ecords ofcos,s incurred ender [eons of this Agreement shall be main,nined and made nvailablc
upon rcque t to the Depennren, ac ail times durin6 theperiod of this AgreemG,t end for three years efier final
~ a[a;oennonn,or aoxu,.anr cnr o; ;t,nawooo ,oo no. neaemun, „e; ro. seixau enors
payment is made. Copirs of these tlowmcnts vnd xecoNs abal l be fi~mished to the Department upon request.
r
Records ofcoauincurred include the CITY'S general accounting rucnni.togcthuwiUi supporting documents
and rccordz of the CITY and all subcontractors performing work and all other records of the CITY vnd
subcontractors considered accessary by the Department fox n proper audit of costs.
11. lire CITY shall allow public access to all documents, papers, Ieucrs, oe other motenal subject to
the provisiorLS Of Chapter 119, Plontla SmNres, and mode orreceived by the CITY In conjunction with this
Agreement Failure by the CITY to grant such public access shall be grounds fox immedie[o uoilnteral
cancellation of this Agreement by the Department.
!2. This Agreement ox any pan thueof is eobjecr to rumination under any one of the [ollowing
conditions.
(A) [n Ne event the DEPARTMENT cxucises the option identifed by Item A of tbis
~ Agaement
(B) As muwolly agreed to by both panics with a thirty (JO) day written noeiee.
(C) In theevenr the Legislature fails to make vn annual appropriation to pay forthe ClTV'S
seivne~s to be perlonned hueundu.
13. The remt ofthis Agreemeot eommeoces on the date e wriuen note to peoceed is issued to the
City Manager by she Depanment's District Maintenance kinginecr, District 5, and shall continue for a period
of9n9m_a~from the date of iasuc ofsaid notice to procec-0-
This Agreunent has a renewal option. Renewals shall be on an annual basis not to excced two yearly
irnewol periods or if the original temr is grtnter than one yuor I'or no longer then one additional term, subjeu
~ nnmoawNOwt ornaxt_uµvr env on wrvo~rooo rou no. rnuF a_an, xrn Na. ssi.ew nnot is
o the xa o pnacx ana a..oe~dtea gnanehox ax wen ax nu ea,er tcrmx ana eonaamnx su mrm m mix
- Asree,nem, except otat me paeo m be n,dd rer me mnewal nedodx ~n,n be inemased by h,me O) porcen~
Renewals shall be mode at the diecsetion and option ol'(I~e Depanmem vnd ogrced to in writing by
both panics: i.e., the City Manager for ehe CITY and the District Director of Operations. Uistriat >. for the
DEPARTMENT. Renewals shall be contingent upon satisl'xetory performance evaluations by the
DEPARTMENT and subject to the availabiliry of fords.
The tettn of mis Agreement may be extutded foe a period not to exceed six (6) months. upon writtev
Agreemem by both panics and wbjeet to me same terms evd conditions as applicable
for renewal of This Agreement.
14. In the event this Agreement extends 6eyorW the DEPARTMENTS current Eiscal Yearthat begiRc
on July I of each yeaz and Dods on lone 30 of rvrAt stteceedivg year. the CITY and Ote DEPARTMENT
~ mutually agree that lho State of Florida's pecfonvvneeand obligation to pay under Otis Conrmet is contingent
uppn an annual appropriution by Ore Lugis'lamre as requited by Section 339.135(~(a) whidt is incorporated
by referene4 and set forth hereinbelow as follovvz
PS. "339-135(6xa)" -The DEPARTMENT, during evy Eiswl Yeer. shall
not expend m nay, incur any liability. or voter into arty Conhvct which, by its terms
involves me expenditure of money iv excess of the ninounts hudgeted ns available
for expenditure during such I fiscal Year. Avy Conrcact. verbal or wrinen. made in
violation of this subscelion shall be null and void and no money ehall be paid
thereon- 7'hc DEPAR]'MENTShall require v statenrem boor me Comptroller of me
~ Mutorznnw>ioi nr.arrnitrvi ci rr or wucrvoou ta+xa. rrsoem<snt t~iiun. sniuoa iwt,cii
DEPAIi'IUEN'I'thot funds arc nvnileblc prior tc ontcring imo any nidr Contract or
other binding cammiunimt of fund. Nothing hvein contained shall pmvent the
making of Comracts for o period cxueding one (I) yens bet any Coniractso made
shall be executory only Ibr thesucceeding fisonl years; and This pnrngraph shall be
ineoryoruted vevbntim in all Commci. of the DF.PAR'fMENT in excess of $25,000
end having a temr for n period of more then one (I) yeae.
I i. The CITY may eonswet landscaping wilhln theilmits of the rightsrof-way identi[ed as a result
of this document, subject to the following conditions:
(A) Plans Cor any new Inndseaping shell be subjeu ro approval by the DEPARTMENT. The
CITY SHALL cot ehvtgc or deviate from said plans without written approval by the DEPARTMENT,
(~) All Iondsenping shall be developed and implemented in acwrdance with npproprinte
~. DEPAR'fMEN'f s'nfety and rood design standards
(C) All requirements and terms estnblished by Iitc Agreement shall also apply to wy ndditional
Iavtlscaping installed ender this Item-
(D) The CITY agrees to complete- execute and comply with the requirements of the
DEPARTMENT'S stnndaM pcrmih.
(E) No dwnge.vill be madein Ne payment temts esublished coder Item 6 of this Agreement
due to any increase or decrease in cost to the CITY resulting from the installation and maintennnoe of
laodsenping added under this item:
(k) In the event this Agrcemratt is terminoted as cetablished under Rein 12 hucin_ the CITY
~ rtsMOrznuoumoi nuaeunAT rJiv or iyxarrtroo twtsa. naoo-uusm tt~i rva. :siuu+ incl. rx
agmesw accept full responxibility f r all ndditionul maintenanea dese bed in ttiis section at no addtional wst
to the DtpARTMLN'!'_
IG_ All work done on the D[;pAR'fMEM aphis'-ol'-way shall bo accgmDlished in aowrdanee with
the Department of Transpottntion Monuvl on Uniform 'fmftic Control Devioes evd'IYte Deparmevt of
Ransponation ROADWAY ANDTRAEfIC STAIvDA12DS CURRkNT EUITION,MDEX 600SERIFS-
17. This writing embodies the entire agreemratt and under-standing betweev the parties hereto and
there are no other agreetvents and understandings, oral or.wiueat, with refarcnoeto the subject matter hereof
that are not merged hernia and superseded hucby.
18. 'Itis ngmemeat is nontronsfmble and nonussignable in whole or in pert without consent of the
DEPARTMENT.
19. This AgreemenS reyordless of where cxecuttd shell bt governed by and construed according to
~ the lows ofthe State of Florida.
20. This[ollowing statement is required by S~otion 28].1IJ(?)(n), t'IO~da Statutes:
A person or a[fliate who has been placed on the convioted vendor list following a wnvictiov Cor
publio emiry crime mey not submit a bid on a conttau to provide any goods or servings to a public emiry for
the consuuction or repair of a public building or public work, may not submit bids on leazes of real progeny
to a public evtiry. end may not ¢anmet business with an}~ public entity in excess of the threshold amount
pcovided in Section 28],01 ] Ploridn Statutes Cor (4tcl{on~ two far a period of~6 months Gom the date of
being placed on the convicted vendor list.
~ nirnto~~rnoun~ornmtixmui cirv of rovcwoou Boa nu. ..wr.~enr +rei no. ss~ran+ rneris
IN \VCI'NESS W HILRI:OI~ the panicv hcrob have vaLLaed iliac
pnsenu' io be ececuted she Aay and yenr first nbovc rvnt~en.
5'I'A'[ti OF I~I.ORIDA
UEPARTMGNT Of TRANS[+ORTA'f10N
AY __
isvior Dircraar of OOerntions
Uistna Five
Attes[:J Lf
E M1va e rttaS ry,6cNOW y
c
Ay __
~. >"~`-
FISCAL WILL STAMP FUNDS APPROVAL:
//d / CITY MAYOR
Aitex~i'Cfa'E~lc~r ~~~L/!(~
ITY CLPRK
APPROV~ AS~CO EQR4I AND LEGALITY:
- 'I"fY ATTORNEY
~, nimiow,rvnuni orn~i~nn~~rvr u~r of ionoxooo rourvo. nwe nz~m rriivo. ±siww rnen ie
F.~DI BIT "A"
~~B~~ Fromm Le"Qth
i vboo(us nisz~ swi~oin ¢i.a s. n r aoaa ~.is rc~
END OF EXBTBIT "A"
Exx~urr°s„
~n n_t~ o~um~.s
spuiaE eaxexs
~ ~~ sQU~ngrenE
M.tcFtINE MOVnnc
nurvunE
~c(mnrvuaE)
spu ME.rexs
/^ :ASV . ~~~,. 1(Li#>7 of ?Gnny~fiTnnD
~nmary l7, 199e
Mr. Charles M. Heffinger, Jr., P.E.
Main re Engineer
~Drenan
2400 Camp Roatl
OvieAO, Ploeida 32]65
Dear Mr. Heffinger:
R{:: Maintenance Agreunent AL.496 Rer:crval-PDOT/City ol'Langwaod
~ I{eautifrnt[on Glvunenl SR 434 and Elwy. 1] & 92
Enclored for YDOT is an original of our Resolutiao No. 98-975 paused by the City Commission
0o February 2, 1998, and a copy of the agreement of May 16, I99'/.
Should you have xny gnutions, please contact me at 26(}}466.
Sincerely.
CITY OF I.ONGWOOD
Termy At J
Ad vc Assistant
City Clerk's ORCe
TA!
8nclosure: 2
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