Resolution 97-898RESOLUTION N0.'11 —
A RESOLU'I ION AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT
BETWEENl'HECITY AND THE FLORIDA DEPARTMENT OF I RANSPOR'TATION FOR THE
MAINTENANCE OF STATE ROAD RIGHTS OF WAY HY THE CI rY'. SETTING FORTH AN
EFFECTIVE DATE
WHEREAS RF Cip' of I.Olg—d dIll- to -Tuna- JIc ntaintGtanee ofceaDin poaions of Smtc
Rood 436 0nd U.S. HiyJts.1 1]l92 at a Imcl Mich balutifies the Cly s wmdors and soil enhancnthe
I ttomn oreaonomio da.dlor,na,u am:InaEtyonife Writs aai:Gl,. nna
WHEREAS. Ihepres n;he Ciry ofl,ong.roN (-Cily') and the Florida Dep--
dTrwlspWWiS.,('FOOT "jc�p sonnNE, 14c1997. and
WHEREAS, the Ciry wd rho PUoI-mnegainlW dtewnvact for We mmvmg wa maintenance of
Stmc Road 434 Gom 14 to Tnlmo Road and US I lieh-y 17l92 from Seminola Bo--. Sk,d Roatl'.
mtd
WHEREAS, the re-ne&-1W contract Will bt'm effect front Nby 14, 1997 uvoagb Mal' 14. 1991L
and
WHEREAS, We -.Dgnatcd conlrncI is I'or rho svm of Thirty-Wrm Thoasond Dopers f333.008.40).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
LONGWONE. FLORIDA'.
Ssuon 1. DDI the City Commission fully endorses tllc ra-ncgoviuted--1 bntsvicen OF CLS
and FDO'r.
See'-2 Thatlbc Conin on hembY vuthor na duccu tltot c'Mem B-FIof
t-HighwYY MDii c ben ecn die City of Loogsvoad and dte Flondn DaParm tof
T�n�nOtion.neoPr or�a; aaiaon namd�a Dni�o orwa City elm!, ana ar aed ¢among¢ rmly
wntaivea barniu m naaGnaa
Ssa'rn3 Thotmis Resolalion shall t0keofWctimmedintely upon its ndnption
APPROVED AND ADOPTED thu. daynf 199]-
May
Apyro� W as to Won and logvliyfo: d�a
Use dmllaltc of U4sy ofL—gsvoad Daly.
Rid 5-Ta)lor.lr Altomcy
AnESI.
GarG'aldn�uD Znmbn., E D Z-e bL r
. Ci7
G) P, I GINA L
I IN OF 1,01— IIIII-ND I - -01-1 014
1111MI I' MAI 0 F AG
F. mo i,,(,oNrRA( I NO. AK-496
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I. The CITY SHALL berespansible for routine ineintenance of all p... iL lid—pi,d and/or turfed
areas within DEPARTMENT rights -of -ray harine limits described by Exhibit A, or subsequent amended
limit, mutually agmod t. in wntimg by both portico I.r the purpose oftltis Agreement. the mnihilt.ee to
IT, provided by the CITY is defined in E,,hibitN
2, The CITY SHALL be responsible for clean-ap. removal and disposal .1 all dob,is ftom the
DEPARTMENT'S ngh—f- y(described by Exhibh A. or subsequent amended limits matanlly agreed in
wnting by bosh parties) following n namrvl dlsnster (i.c. hunicanc, Y—does, etc.) or f mother normal
ocwrrences snch as vehicle accidmns and spil Is. However, Ne DEPARTMENT shal not dedpc[ fmm the
pnyment of the CI fY, easss far impairment ofpe,fornana ofany nett. -try or par thereof defined in Exhibit
E- ns a ,,W, of such event and ilia redirection of CITY forces towards fulfillment of the CITY
responsibility under this article
3- To tbeext.nt pemtiued by Florida lure the CITY agrees thm it will indemnify vnd hold harmless
the DEPARTMENT ild all of the DEPARTMENTS officers. ag—, and employees from any claim. loss.
damage st, charge or expetue nnaing om of any net. action. neglem.,omission by the CITY during the
,,film— of this Agre —R, whether dircm or indirec, and whether to any pereo t or property to which
the DEPARTMENT., said panics may be subject. exceptthot neither the CITY nor any of its subcommetors
.rill be liable undo, Hiss section 11, damages ,,ising out.f inju,y or damage to persons or p,lp-, dimetly
tensed or restating fmm the negligence of the DEPARTM[NT orany of its offiee,s, agen�c oremployees.
L 14 at any time while the tams of this Agreement are in offect, it shall utme tm the attention of the
DEPARTMENT'S Disrrict Dh.etor of Op,mtm— Disr,ict 5, that the CITY responsibility as established
herein o apart thereof is not being properly accomplished pursuant to die terms fthis Agreement. said
District Director of Operations District 1, may, at his option, issue a wri 11- notice m care fthe Public
Works Director to place said CITY on notice thereof. Thereafter the CITY SHALL have a period of (30)
thing calendar days ithin which to eorteet iho cited deficiency or deficiencies. If said defeieney
or deficiencies arc not corrected within this time period the DI:PARTMEN f rang at its option. ptnceed av
follows:
(A). Maintain the roadway_ median strip or roadside urea declared deficient with die
DEPARTMENT or a Comractors matenaL equipment and personnel. The actual cost for such work will be
deducted from payment to he CITY or
(fi). Terminate this Agreement m nceordance witb Item 12 ofthis Agreement.
5. It is understood bet - the panics hereto that die work covered by this Agreement may be
idj-d et anytime in the fn«ne as foundnecessary by the DEPARTMENT in order that the adjacent state
road be widened altered or oIh—i,o chanced and maintained m meet with future criteria or planning of the
DEPARTMENT.
6, The Department agmes to pay to the CITY quarterly (each three month period following a notice
o proceed) compensation for the cost of memtcnwice ds demribed under hem 1 of this Agreement 'Ihe
payment will be in the amount of SN,350.1111 par quarter for a total sum of S33,IIdo.00 peryca, In the --
IN, Agreement is teanm—d as ostablished by hear 12 herein, payment shalt be prorated to the date
temimation -- Detailed quarterly iosoicea. as provided further hero shall be sent to the Maintenance
Contract Engineer of the Deparmtonl at 420 W. Lndsveel Rood, Orlando FL 32824. Delivery shall be
err tiveuponreceipt of. proper queerly invoice Whichd-itsellqunntiees completed and is accompanied
by any associated documents.
7. payment shall 1 e made only after receipt of goods and scrvioes as provided m Section 215 42.
Florida Statutes whieh is ineoryorored by reference, end set forth herein M., as follows:
21,42 Parchuses tronz apprnpriaHaas, proof of 1 i -U. The St- Cornptraller may
require p—J! as he or she deems necessary, of delivery end receipt of purehnses bef re
h000ting any voucher for payment from apprepnntions ,We in the General Appropriations
Act or otherwise provided by l---
The CITY will report with each iavoiw submiunL a summary of all maintenance activities completed that
quarter. This report will be based oo the F.D. O.T. Maintenance Mbagemem System Activity wd Production
reporting st.dard,. Seven (7) e,I-d,r days will be allowed to npp— goods and services upon receipt of
a correct invoice as provided further herein and allowed by Section 215.422(I)-Florida Statutcc
8. Section 115,421 Florida Slalutes is incorporated by inference. and set forth herein below es
folla.vs:
215422 Warrants, vouchm and iuvelees; processing time limits; dispute resolution;
agency or jodiclal brooch eumpfiaan:
(I) The voucher authorizing payment ofaa invoice submitted to an agency of the state or the
judicial branch, required by law to be filed sv ith the Comptroller, shall be filed widz the
Comptroller of later than 20 days alter receipt of the invoice and receipt, inspectio, and
approval ofthe goodso f _ ept that in c c lheofo bona fide dispute theuo . her
shall contoin a stwemeot othe dicspute end authorize paymunr only m the a-- not
disputed. The (umpwller finny establish dollar dssesholds and o11—uitcria far all invoices
and may delegme to a crate agency or thejudicial branch responsibility for maintaining the
offcial vouches and documents for invoicas whieh do not exceed dte thresholds or chid,
t the estaFliahed criteria. Sue, records shell be nvi wined sith the requirements
esublished by the Secretary of Simc. The electronic poy earn request transmission to lk
/� ztznt t-muitsa wncs�o rcos�s. ri t.o. sn izmv rn<.ca
Comptroller shall c e filing of a v Dater for payment of I—i— far which the
Comproller has delegated too an agency custody ofofllaal records Appmvmandhspedion
of goods or services shall take na longer than 5 working days u,d-, the bid speeifcations,
purchase order. ar contract specifies olh,mi,. II'n vouchr fil
ed within the 20"day period is
timed by the DepmtrnenI of Battling and Finance because of an error, it shell oevedheless
be timely fled. lire 20-day filing requirement may be waived m whole or in It, by the
Department of Banking and Fitw,ce on a showing of—,plionvl circumstances iv acwNance
with rules and renulati softhblii,d 1, For the puryos sofdetei...i gth lb,
of
ce dote the agency ortl,ejudicial brae eh. deemed to receive vn invoic: on the date on
whkh a proper invoice is fst received at die place designated by the agency or thejudicial
branch. Thc agency or thejudicial branch is deemed it, receive an invoice on the date of the
i—ib, if the agency or thejudicial bmnci, has feilcd to an..Ii— the invoice with the ante of
nrnipt at the time the agency or the judicial bmnch actually received the invoice or failed at
the lime the order is placed or contract made to designate a specific location m which the
' list be delivered.
(2)The warrdal in payment of on invoice sob.iticd to on agency of the state or thejudicial
branch shall be issued not later than 10 days afler the Blinn of the voucher authorizing
pnymenL Ho.vever_this requirement may be waived in whole or in pen by the Depnrtmeat
of Ranking and Finance on o showing of e,—ptlowl circumstances in accordance with rules
and"Iiblati sof the depnn t. If the l0-day poriod contains fewer than 6 working days.
the Deport ,— of Banking and Finan�, shall be deemed in enmplia— with this subsection
if the, arrant is issued within 6 working da ,itltouta dto the actual number of calendm
days For parpgecsofthis scab-, a payment is deemed to be issued on the lust working day
that payment is available frr delivery or mailing Io the vendor.
(3)(a) F.ach agency of d,e state or thejudicial branch which is r,,Ii,,d by law m file
vouches wib, the Comptroller shall keep , record of the dote of receipt of Ilte invoice, dates
of receipt_inspection,-dapproval of the goods or s: date of l ling ofthevouch-and
I, oflss i, Chet in payment lhereofS lflhev ueher not filed or the warrant
sued within co
the e required, en explanation in writing by the aeency hand or the
cli of Jus e ehall be sIbbbb,d to theepa Department If Eanking and Finance I,
presenb,d by it Ageaeies and thejudicial branch shall ntinue to deliver or nail nau,
payments promptly.
(b If., warrant io paybt— of an invoice is not issued within 40 days of er receipt of the
and receipt inspection, and app—1 of toodservices,
he gs and icesgency , the aorj udicial
bmnch chaff pay to the vendor ib additio It then t of the i
established It— Ios.55.03(1) on the unpaid balance front d,e explmfi an ofsuch 40-dny
period -id such time as the warrant hs issued to the vendor. Such intezest shall be added to
the invoice ev the time of submiavion w the Comptroller for payment whenever possible. If
addition of the it l—. penalty is not p—dd , the agency or judicial brand, shad pay the
inter tt penalty puyment within 15 days,fre- issuing the w ,r 1 ll,e provisions of this
p ;lymph apply only to undisputed vnounts at which payment has barn audtori''ed. Disputes
shall1e resolved in accordance with rules developed end adapted by the Cbiefbh,hice for the
judicial"'__, and rules adopted by the Depanment of Banking and pi,i n e or in a Conn.)
administrative pmceedmg before. haying office ofthe Division of Adminlstrntive);caring,
for state agencies, provided that, 6r the purp.ses of s. 120.i7(I)..o petty to a dispute
nv.lving I— that SI 000 in ;ernes penalties shell be deemed to be substantially affened by
the dispute orm have a subsuuttial interest in dte decision resolving the divpmc. In be
.fan error on the part of the vendor_ the 40-day period shell hegia to run upon receipt by the
elan r the judicial branch of a ct,d i h,other ,m dy of the e The
provisions of dtis pe`graphdo n tapply x1t the filing requimntem undorsubsee�ion (1) r
o
subsection (2) by been waived In whole by the Depanment of Banking and Finvnc,. the
v e vp,i w, and 1hajudici.l branch shall be responsible for initiating the penalty
payment, te,ired by this subsection end shall use hi, subsection as authority w make such
payments. The budget request submitted r. the Lcgislewre shall sp,,ib.11, disclose the
t ofany interest paid by an agency .r thejudicial branch pursuam he this shb—io
The temp.mry tin 11,bilily.)' funds to make a timely payment due for goads e, services
does nor relieve vn agency .r the judicial bmneh front the obligation to pay interest penalties
d this
(c) el
Ao agency or tbnjudi.ial branch may make panial peyntent, to a contractor upon partial
be,
i... y of goods or services or upon p ""I wmpleti.n of
c.n,trueth" when a request for
such pvnial payment is made by the contmc i approved by the agency. provisions of this
and rules of the Depenmcnt of Bankingkih, and Pinanue shall apply to panivl payments
n they as they apply m fiill payments.
'(4)If thect softhni ce provide a di-- ,f,,hy,in less flu 30loveage.c
e
ofihes ,Mjhdidal branch shall prel'em tIWIy process it and use all diligence to obtainthe
5
ving byom eplienee with the invoice terms.
(5) All purchasing agreements ben ,estate agency or thejudieial bmneh andaaehdor_
npplievble to this a ti.n, shall i de& n statement of the vend.;, rights sad the ,rate's
responsibilities under this section. The vendor's rights shell ;.elude being provided with the
F neend telephone number ofthe vendor ombudsmen within the Daparment of BvNdne and
ar,, which infon wh ')tall also be placed on ell .gut or judicial bmneh purchase
orders
(6) The Department oP Banking end Finance shall monitor eaGt agcnry's end the judicial
branch's e.mpliance with the time limits and imetest penalty shelprovisi.n of this ,ec6on. The
an depment l provide a tep.n to an agency or t. the juanc didvl brh if the department
determines that nn acc ge the ancy or the judiciabm l neh has fmaintain ailed h, eptable rate of
ompliance -it
h the e Iim wd in st penalty provisions of this se The
depam neesm nt shall bhlhcriteria Cor detemtmmga ,I.ble the, feu pfv , The report
shall also include a It,, of late vouches or pnyntems. the atmtuntofintcrest owed or paid.and
any corrective acts recommended The department shall perform m ,i-ng
responsibilities, pl, — to This section, using the Manvgement Senates and Puruhuving
Subsysten or Ne State Automated Mvnugement AaountivS Subsystem provided ins. 215,94.
F 1, agency and the judicial branch .bull be responsible for the vacancy of information
tared into the Management Services vnd Purchasing Subsystem or Ne State Automated
Menagan vt Accounting Subsystem for use in this monitoring.
p) There is stunted a vendor ombudsman wiihln the Department of aanki, who shall be
responsible for the following funotloas:
(a) 1,1'omrlag the duties ofthe department ptusvant to subsection (6).
(b) Revi-ml, requasts for wvivers due to exceptional circumstances.
(c) Diss ring infl relvti o tiro prompt payme tt politics of this state vnd
v
tingdors ving their Dayments in o timely 1--.
(d)s vev
Performing such other duties as dwemtin.d by the department.
(8) The Department oft -king vnd Finvtce an is amhoriged d directed to adopt and
promulgate rules and regulations to inrplemerrt this section nod fo..... lotion of disputes
volving amounts often. tlron $I,Ooo in interest penoltios For state agencies. No agency or
Ne judicial branch shell adopt vny rule or policy that is inwnsistent with this section or the
Department of BlAbing and Finance', rules or policies
ac (9) Eh agency and the judicial branch shall include in the offeilil position description of
ry officer or employee who is responsible far the upprovvl ar processing of vendors
or distribmi of w enders that the requir of This
andaton. Iv additiooneach employee shall be required to sign a at leastcanaually
thar he orvhe has beenop—t&d with a copy of Nis section and the rule pro Wu ib,d by the
Comptroller. The star. -shall alas acknowledge Nat the employee understands the
approval and processing ti .e limltati-, and the provision for ill,—,bie in st penalty
payments. Each agency and the judicial branch shall c nify it compliance with this
subsection w thstent faie Comptroller on or before February I of each yenr,s
(10) 11—il ere to comply with this section by any agency of the state or dtejudiciat
brmch shall consitute good cause for discharge of employees duly found responsible. or
predominately responsible. 1.r failure to comply.
(11) Trvvel and outer reimbursements b, state oRicers vnd employees moat be the amens
Ply— to vendors under this section. 'INis section does not apply to payments made to stvte
agencies the judicivl Inertch. or Na legislvtive branch.
(12) In Nee nr Nat e agency or the judicial branch wormers with a third party. u
volving fund, or pays froi a local bank ac to process vnd pay invoices for goods or
ell requir cots for liva ml obligvti and time pma ving set forth in this section
sha11 be applicable and th...... agency or the judicial bmnch sIll l be responsible for paying
_bdb'_h intarost assessed for uotimcly payment. The state agency orjudi .1 branch may,
through its c-- with a third puny, require Ne third party to pvy interest bob, the third
pany9 Cunds.
(11) No—thstunding the provisions ofs,,b—ti—(1)-,l(12). in ord.r b, allevivte any
hardship that may he caused to a health care provider as o result of delay u, receivi,g
eimbursement for services, any payment or payments for hospitalmedical, or other health
es which ll to be reimbursed by a bi,l agency or the judicial branch, either
deadly or indirectly, shall be made to the hl,ibh urre provided not more than 35 doys from
the data eligibility for payment of the elude, is determined. the state agency ,, the judicial
branch shall pay till, health case provided inter... at a... oP I percent pee month wlcolated
ealea,d, day bus nthl unpaid balance from till expiration of such 35-day period until
onch time as payment fs made to the hculth care provider, unless..wive, in ,h,l, has boon
,mend by the Depanment of Oankibg and Finance pursuant to subsection (1) or subsection
(1
(I4) The Co, b., I c, may adopt rules w authorize advancepayment, Por goods and services,
P—id,n bjl at limited ., e agree end subscriptions. Such rules shell
provide oN,jective criteria foi�detwminGng when it istin the best interest of the start to make
payments in advance and shall also provide 10, adequate protection to ensure that such goods
will be provided.
or15) Notltittg contained in this n shall bo eo tried to be at appropriation Any
t whioh becomes due and owing pu,savtt ro 'hi, section shall only be payable from the
appropriation charged for.such goofs and services.
(l6) Nobvithstanding the provisions nfs. 24.120(3) applicable warrants issued for payment
of invoices submitted by the Departntan, of Lottery, the Comptroller may. by written
Aereement with the Depanment of the Lottery- establish o .honer time requirement than the
IO days P_lded in s,,b,,l,ion(2) for rm—b issued for payments. Pursuant to such written
Agreement. the Depanment of Lowry shall r,imbmse the Comptroller for emu associated
with unnvane processing invoices do, the Agnt cud ofpracessing outstanding debt and prize
payments pursuant ro s. 24.115(4).
In funh—l— of Section 115,422, the panics agree es follows:
(A) Al, pennlry fo, delay m payment shall be in —.,dance with Section 215.422(3)(b),
Florida S,atutes, Section 215,422(5} Florida Swtutcaprovides that all pu-.ingagreetnents behveen a state
agency -d a vendorapplicable to this seltion_shall ineludea ,,.lament of the vendors lights and .fie state',
responsibilities under ,his section The v,.de, right, .hall include being Provided with the name and
tolephone number of the Vendor Ombudsman within the Deparintznt of Mlking and Finance.
(II) The City should be aware ofthc folling time fraznns. Upon rocelpl.,ha Dap--1 has
r se van (7) working days to m,,pect and approve the goods and cervices, ns allowed by said s—t, The
Department has 20 days to deliver a request far pa,—, (-.1- m the Depanmem of Finance). The 20
days — mr—d f om the lacer of the dale a proper tvvotce is received at the l—d- stated harem or dre
goods or services xrc received. inspected end approved. whichever actors Infer.
(C) Ifpnynrent is not available within 40 days.asepara�e interest 'rote set by Secfioo 55.03
of [he Florida Stahtte'day will be due nod payable, io addition,. the in�-oicc amount. to the City. Interest
penalties ofl—l],-- (51.00) dollar will not beedoreed-lessthe City requests pap—, 'Minvoices
which have fo be rammed m the City because of City preparation errors will r 0 m o delay m the pnymem.
The mvm e payment requirements do not start until a properly completed invmco is provided to the
Department.
(D) A Vendor Ombudsman has been established within the Dcpenntenf of Bnnkmg end
Finance. The duties of this ndividunI include —mg as an advocxtc lbr vendors who may ba experiencing
problems m obtaining timely paymcnt(s) f—, the Depanmem. The Vendor Ombudsman may be contacted
of (904) 488-2924 or by calling the State Comptrollers Hotline 1-800-M 3792:'
9. Bill, forfe-orothercompensauon f—micea or expenses shill be submiued in detail sufficient
for n proper p—.dit and po-alit thereof, and that bills for travel expenses spe6it.11y authorized by this
Agreement shall he submiued and paid in accordance with tha rotes specified in Section 112.061. Florida
Statutes.
10. Necords ofcoss intoned under terms of this Agreem-t shall be maintained and made avaJable
upon request to the Depnnment at nIl times during the period of this Agreement and for three years after final
peymem id made. Copies of th—documents and records shell be lb—hed to the Depanmentupon aquert.
Records of casts inwrred include the Cl FY'S general neeoun,ing retold, together with supporting doeomenis
and r—M, of the CITY mid ell s.bcootrnctors performing work, and all other records of the CITY nod
subcomrectors considered ...e—y by,hc Department for o proper audit of cos..
1. The CITY dltnll allow public access to all documents papas. levers. or othermatedal xubr- to
the provisi M,.pter119, Ploride Statutesand made or received by the CITY in conjunction with this
Agreement. F'vilnre by the Cf1Y so grunt such public access shall be grounds for immediate unila,craI
cancel lotion of this Ag--1 by the Deperm,en,.
12. 'this Agteement or any pan thereof is subject to Icrutination under any one ofthe following
conditions.
(A) In the event the DEPARTMENT exercises the option idantitied by Item 4 of this
r Agrecmcn,.
(b) As mutually agreed to by both pairs 01, a thirty (30) day uxiuea votice
(C) lb,beeven, die Legisle,ure feild,o.,keen annual appmprienoa I. pay fir the ClTY'S
serves to be performed hereunder.
13. The 1-1 of,hid Agreement commences on the deft a writl. notice to proceed is issued I. he
City Manager by the Departments Dwitr ,M,,-, ,ante Engineer.Dis,rict S. and shal l continue for a pe,nod
of�fmm de date of idsue of said notice to proceed.
' its A,--,, has o renewal option. Rtoewels shall be on an annonl basis no, to exceed.. yearly
,--lp iodd, or if,heorigm,U,arm is greater drnn one year far no loag,rb—oneaddi,lonelterm_dAj—
I` III.-Avom, of. 11 lbbI —of 1-111 toe- n1-s 111 i,viwn. seissw i,— is
o the same pnces end associated quantities as well ns all other terms mrd conditions - fotth In this
Agreement, except that till price to he paid for the renewal periods may be increased by three (3) percent.
Renewals shall be made at the discretion and option of the Department and agreed to in writing by
both parties- i.e., the City Manager for tlhe CITY and the District Director of Operations. District 5, for the
DEPARTMENT. Renewals shall be contingent upon sotistbctory performance eveluetioos by tlh,,
DEPARTMEM and sotpeet to the availability of funds.
The teeth of this Agreement may be extended fore period nor to exceed six (M months, upon written
Agreemem by bath parties and subject to the snmo telnta and conditions es applicable
for renewal of this Agree[nent.
14, In the event this Agreemetrt extends beyotd the DEPARTMENT'S ett — Fiscal Year that begins
on July I of each year end ends on lone 30 of each succeeding year- dhe CITY and the DEPARTMENT
� mutually agreethat dte Smte of Florida's perf rmance and obiigationmpay under dtis Conttactis wntingent
upon ws annual appropriation by the Eegialautre ns required by Section 339.135(6)(a) which is incoryornted
by reterence, and set fi-h hereiobd— is f.11—:
F_S-"339_135(Mbb -The DEPARTMENT, during any Fiscal Veer, shall
not expend mone, incur any liability, or e-, into any Contract which, by its terms
involves the expenditure ofm nay inexcexsofthe a mounts badgered es available
for expenditure during such Fiscal Year, Any C--, verbal or wrhten, made in
violation of this subsection shall be null and void, and no money shell be paid
Nerean. The DEPARTMENT shal I tequirc n statement 1— the Comptroller of the
r DEPARTMENI'thatlnods are available prior to entering into any such Contract or
other binding commitment of funds. Nothing herein cnnmined shall prevent the
making ofCb ,—, foe a period exceeding one (1) yevr, but any C nunm so made
shall be executory only for the --dm- Ii—I year., and this paragraph shell be
i—,,.rmcd verbatim in all Contracts of the DEPAR'IMF.NT mexcess ofS25.000
vvd having a term for a period ofmore than one (1) year.
15. The CITY may eo.— landseapng, idtin the limits ofthe cigh,, f, q identified asa result
,17N, dveumem. sabj— to the following conditions.
(A) Plans for any new lvvdsetpmg shell be subject Iv vpprovnl by the DEPARTMENT. "the
CITY SHALL not ohnnge ox deviate from s,,id plate without written approvol by the DEPAR I MP,NT:
(B) All landscaping shall be developed and implemented in accordance with appropriate
DEPARTMENT safety and mad design stanclacds;
(C).All r,q iramevtsend terms exmblished bythe Agreement shall alsoapply w any additional
landscaping imstalled under this Ieem:
(D) The CITY apnea to complete, execute and comply with rho rcquieemenm of tho
DEPARTMENT'S s-dord permit.
(E) No chvnge..il be mode in the poyment rants established under Item 6 of this Agreement
due to vny inercnsc or decrease im cost to the CITY resnitimg from the i-Alvtivm vnd mvintenvnee of
landscaping added under this it-
(F) Iv the et cot INs Agreement is tennmated as established under Item 12 herein, the CITY
r agreestm aecept[ull responsibility for all additional innmten—describedm this section at no additional cost
to the DEPARTMENT.
16. All work donsonthc DEPARTMEN"Frigh—f-u ly steall be accotnplishedm accordance with
the Department of I—p—ior Manual on Uniform Traffic Control Devices and The Department of
Tramsponation ROADWAY AND IRAFFIC STANDARDS CURREN f EDITION INDEX 600 SERIES.
17, Thie ubli,embodies the emtirc agreement and under -standing between the pmtica hereto and
there are no other o menu and understandings, oml or urinen. with rcfemmcc to the subject matter hereof
that are not merged herein end snpaseded hereby.
18, This Agreement is nomramsferable amd momassigneble in whale ox im part uid, our consent of the
DEPARTMENT.
19. This Agrecment_regordless o[whcre executed. shall be governed by and omnrtrucd aceoxding to
the laws ofthc State of Florida.
20, This Pollowing smtemcnt is required by Section 2.87.113(2)(a). Florida S,--
A p-- or affiliate who has been placed on the conviraod vendor list following a conviction For
public a me may not submit a bid on o contract to provide any goods or services to a public entity for
the wnsruc — or repair of a public building or public work mey not submit bids on lease of real property
to a public entity, end may not tmnsaet busm—wish any public e ky in excess of the threshold amount
pmvided in Section 287.017 Floridn Statutes. I'or Category two fora period of 96 months fmm the date of
being placed on the convicted vendor list.
/� wotoennoustarncxxwn�r nm or waysr000 roues.. nvoo-n..astvs trriaa =fiizsw enct is
'I ff RE'll ",-
i i,,, 'h 13 "u ,, " [ aims
f "1 n1 "1 1 11 T'l I lllS APPRIll 11,
EXHIBIT"A"
&I'l, Road T� L th
i acoo(Us i>isa) s.mi�om¢rod p rtooa s,�c rcm
END OF EXHIBIT "A"
EXHMMB"
B4ELIIY &.4,
RSQUARE Me Rs
Lcxme ePcruaEs Te
MINAC R siRURtmFS -Manuel
spuAU McTeRs
s-CLGArvs REsxnRE MEieRs
MnCHN'E MOw11:G
MANUAL SQUARE METERS
MET�Uc iorv5
NG ANUR[ntovAL
ROAD S—Er
vG(MANUAL)
The activi�ia shut be perto din ecc.--the o[pARTmery pertm ..nan—
FLORIDA DEPARTMENTOIATRANSPORTATION
Oviedo M,,,t,,a...
2400 ,p ReadC O—dl Florida 32765
ApM 22, 1997
CIA of L,,g,D,d
Ms Sondra LI—
SUBJECT, E—Iq --d or I-- sidewalk
S'P/7906 9232/73
S;:;, C",JetC,tN"'b'�b' , AD 546
W t N-1,Ir 5612604
0,,,,ty S-1-1.
DII, MsLomax.
I am writing i, —p— to your letter dated April 8, 1997, concerning your
responsibility of rnalntaining existing broken cracked sidewalk th't falls within the
imiis f th,, M 0 A The Department If f 1—p.,tat— is aware and plans t, --t
� —, th--h , --al, sidewalk contract. This I— not in lly—V
relieve the C,ly of respotlsibiliy If fLIL111, areas that may III— b,,k,, A, o,,D,d
&h.fl,,s M. Haftjj, Jr P E
Maintenance Engineer
c, S-1 chant, K,,,,, Bobby C,-I[l file
w�Tw4aeOt2 of Gort&ooDFtoR'oAaa>ap„s>
Pt,oNEl4p>I46o°a. owo
Mr. Scott Gan,_ F. D.O.'1 Field operations Lngiii-
2400 camp Road
Oviedo. F1. 32765
Dear Mr.G ant;
I per our conversation this morning, 0.1971 am sending you a list of the problems we found
with the newly --add sidewalks on 434,1 will proceed to list them below for your
iNbrma,ion. The problems with all ofthese areas are that where the fo,ms were laid for the
,o be poor"' e
w ved but refilled with din rsod, so theref, [here
gap ranges 6om to 2' to6e so on z sides others arejoston one side. They appear to be
safety hazards as wheels, bikes, mollers and pedest oold very easily nap
down i, ,his ar and have equipment darnage or physical damage occor..M ofthese lot
are described az if one was moving 6om East to West on 434. North and South will indicate the
exact side where they are situated.
Urd,ed lile and Marble N. Side 434 cracked and section broken at entrance
Seminole Hosp. On the N_side of 434 (2) two sidewalk sections.
Rehabiliry Sports NledcineN- Side by orility pole (1) one seeriom
Hot end Now Hamburgers (closed) atea N side by ddve,hro, iflay pole (I section).
DuNdn Donuts N. Side of 434 by entrance (1 )side walk section
Great Western Bank N. Side oF434 in 6ont of the baN: (1) one sea,on
Harbor Isle and Slade Drive N. Side of 434 (2) two —,i—
Slade Dr_ to Roekleke Rd. N_ Side of 434 (2) two sections.
Sus, befre Palm Springs Drive on 434 N. Side (2) two sections_
Come, oOdk Spring, Dnve and 434 N. Side (1) section
Thirty Coo, Wes, of b, corns, of Palm Springs Dive end 434 N. Side (1) —1.
E�h� sae Qwn.y of Lil�lo.o��C,4:�s^
Longwood Mescal Building, 1385 S R. 434 (2) two sections N. Side
Watson Realty to H&D Realty N. Side (4) four,ections
Rolling Hills Church N. Side t2) two sections
All sidewalk sections alon6 the Sleepy Hollow brick wall N. Side 434
Sp-gwood Wood Village Shoppine Center N_ Side 434 (1) section
From 1410 the Shell Gas Station S_ Side (1) om section
Front of Shell Gas Station & Side (1) —ion
All sidewalk seatods fom A B.C. Liquor to Roberts St. S. Side
Between Roberts St. and the entrance to Kd,11 od S. Side all secions
Roxboro Rd. to Pres— Ave. all sections S Side 434
Bddk of Winter Patk and Longwood Springs Profusional Big. & Side (2) —bons
13aak of Winter Park to Tollgate Trail S. Side (2) sections
All sections from Tollgate Trail to Palm Sptngs DrS. Side
All sections fom Palm Springs Drto building 1200 S Side.
Blockbuster Video S_ Side (1)—li-
All sections in font of Arby's Roast Beef S. Side
S-- Bank to Rangeline Rdall sections S. Side
Rangeline Rd_ And 434 S- Side (1) s-m
Patio Gnll Restaurant S. Side (3) sections
Higi line Dr. S. Side 434 (I) section
Car Wash S. Side 4.34 (1) serene
Central FI. Pkwy. Corner S. Side (I) section
Pella Windows and Doors S. Side 434 (2)1-ions
Building S 262 front S- Side 434 (1) section
Wilma io R.R. tracks S. Side 494 (2) seonons
Ace Hardware S_ Sidc 434 (2) seoe —
We also have found sec n, East of 427 chat scan to have tripping hazards as -hey are high
where joined together and have formed a lip and some have cracked sections. Directionaly we
stoned by heading East.
Coma 434 to 421 S. Side heeded East (4) sections orecked with (3) see i— with high arena
Big_ 162 S. Side fido section (1)
Big. 180 S. Side Egli section (1)
Big 212 S. Side High sections (2)
From building 212 $. Side to Chet', Pest Control high sections (4)
Daplez k 288/290 S. Side high actions (5)
Wlvte Rose S- Side Egli —6 ns (5) sections necked (2)
Big 400 S. Side high sections (5) ,ections
Alistase Insurance Big. S. Side high sections (2)
Corner of G,— end 434 S. Side (2) broken sections
Open field S- Side (11) necked sections end (1) high section
Otha side of bridge S. Side 434 (10) broken sermons cad (3) high seodons
Pisa Hut S- Side (4) high sections and (2) cracked
F—ind, Credit J.— S_ Sids (5) NO seciions
Comer of Oxford and 434 S. Side bosh -- (2) se iioas broken
Big 820 S- Side (1)-6.ds --d and (1) recfmn with a seined cement mound
Ble 860/890 S. Side high sections (4) and (11 cracked secions
Comer of—, St_ S_ Side (1) —kid add high section
Allied Tire 434/17-92 comer ctacked (1) large section
Texaco N_ Side 434 (1) cracked seetiou
Fideliry — N. Side (1) cracked and (4) Melt
Budget Office Supplies M Side (1) cta.ked and (1) high
1s1 Baptist Church N. Side (4) high and (4) a—k,d
Times Square Shoppidg Plan N. Sidd (6) ctacked and (7) high, (1) section cement mounded
United Bank N. Side (1) o.eked saotiod
Wayman and 434 N- Side bath wtnera (4) s,ai—,.tdoked/high
Empty lot betwaem Waymai N. Side did Auto Max (1) a kdd (2) high
Front of Auto Max N. Side (7) cracked and high
Big_ 591 N_ Sid,, (4) high secaoi
Blg 551 N_ Side (1) high section
Big. 521 N. Side (1) dgh section
Blg. 501 IN Side (1) high section
State Farm hts. Co. N. Side (1) high section
Blg. 421 N. Side (2) high add (1) cracked section
Big 235 N_ Side (2)-- ... k,d
Blg. 281 N. Side (2) high s—i-,
Big 429 N. Side (4) high sections and 12) c..ked.semiods
BIg.2I ] N_ Side (4) high sections
Corner fMy,[, and 434 N_ Side (3) high sectiorrs
Blg_ 185 N_ Side (6) high sections and (4) cracked
Big 153 N_ Side (1) high section
Big_ 149 N_ Side (4) high sections end (5) snaked —itns
Pica Palace M Side (4) high seerioos and (5) cracked sections
Hopefully this iNofmaritt will be helpfW to T On Monday night 4/'ll the Ciry oPLongwood
Commission voted to accept the new f'.U.O.T. contract, however, they had d wncems about the
damaged sidewalks listed above. Their question was as stated'. "Under the new contra« listing,
sidewalk repairs, u responsible for fixing them and are we libel for any accidents that could
r upon them since they were damaged before we decided m accept the new contractT' The
cepted but with she sripulari n [hat told know the li o the abov
question N writing so thae we would know exauly what our responsibiliry son this issue.o
t ould appreciate you ctntaain6 me as soon as possible with this idormatien so char we can
proceed with the new contract as scheduled m May.
Sincerely;
sna 1.tm
City of Longwood Parks & Rec. Division