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HomeMy WebLinkAbout2006 09 25 Consent 401 Landscape Construction and Maintenance Agreement FDOT COMMISSION AGENDA ITEM 401 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR September 25, 2006 Meeting MGR ,r----roEPT J/;?- Authorization REQUEST: The Public Works Department requests City Commission authorization to enter into a Landscape Construction and Maintenance Agreement with the' Florida Department of Transportation for landscape and sidewalk maintenance associated with the Vistawilla Office Center PURPOSE: The purpose of this agenda item is to request City Commission authorization to enter into a Landscape Construction and Maintenance Agreement with the Florida Department of Transportation for landscape and sidewalk maintenance associated with the Vistawilla Office Center project located on the south side of S.R. 434, east of Vistawilla Drive and west of S.R. 417. CONSIDERA TIONS: . The final engineering for the Vistawilla Office Center was approved (with conditions) by the City Commission at the January 23,2006 (Phase I) and September 7,2006 (Phase II) Commission meetings, . The approved final engineering plans show the existing FDOT sidewalk in the S,R 434 right-of-way along the Vistawilla Office Center's property frontage being removed and replaced with a new public sidewalk located on the Vistawilla Office Center property, . The Landscape Construction and Maintenance Memorandum of Agreement (Attachment 1) is required by FDOT to be executed by the governing jurisdiction in order for the public sidewalk to be removed from the S,R 434 right-of-way. Although other projects (most recently Jesup's Reserve) have had similar reconfigurations of the S.R 434 sidewalks, FDOT now requires the proposed sidewalk and landscape design to be formally approved as indicated herein. . Resolution 2006-4*see Exhibit A) was approved by the City Commission at the September 7,2006 Commission Meeting, and it authorizes the City Manager to enter into the Landscape Construction and Maintenance Memorandum of Agreement. Consent Agenda Item 401 September 25,2006 Page 2 . In summary, Resolution 2006-4;f\and the proposed Maintenance Agreement make the City responsible for maintenance of the landscaping in the S.R. 434 right-of-way and for the portion of the public sidewalk that will be located on private property. The City is already responsible for landscape maintenance of the S.R. 434 right-of-way in this area as approved by Resolution 2004-05. Resolution 2006-4~nd the proposed Maintenance Agreement provide for the additional maintenance of the public sidewalk where it will be located outside of the S.R. 434 right-of-way. The City is responsible for ensuring that this sidewalk conforms with generally accepted standards of sidewalk maintenance. All onsite landscaping and special amenities (pavers, etc.) are to be maintained by the property owner. . The Vistawilla Office Center developer will be required to provide a sidewalk easement to the City to ensure compliance with the attached Agreement. FUNDING: None RECOMMENDATION: Staff recommends that the Commission provide authorization to enter into a Landscape Construction and Maintenance Agreement with the Florida Department of Transportation for landscape and sidewalk maintenance associated with the Vistawilla Office Center project. ATTACHMENTS: 1. Attachment 1 - Landscape Construction and Maintenance Memorandum of Agreement 2. Exhibit A - Resolution 2006-4 *' 3. Exhibit B - Landscape Plans for Vistawilla Office Center 4. Exhibit C - Landscape Maintenance Plan 5. Exhibit D - Maintenance of Traffic Plan COMMISSION ACTION: ATTACHMENT 1 LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY OF WINTER SPRINGS, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 434 as part of the State Highway System; and WHEREAS, the CITY seeks to install and maintain certain landscaping within the right of way of State Road 434 in conjunction with the West End Center project; and WHEREAS, the CITY, as part of said landscaping, seeks to remove sidewalk from said right of way and to connect the remaining sidewalk to a CITY sidewalk located off of said right of way; and WHEREAS, the DEPARTMENT agrees to allow the landscaping only under certain conditions necessary to protect the traveling public using said right of way; and WHEREAS, Rule l4-40.003(3)(c), Florida Administrative Code, requires the parties to enter into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, CITY, by Resolution No. 2006- 47/dated , and attached hereto as Exhibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY hereby agrees to install or cause to be installed landscaping as specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it maybe amended from time to time, and the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003 by reference. The CITY shall not change or deviate from said plan(s) without written approval ofthe DEPARTMENT. 2. The CITY agrees to maintain the landscaping in accordance with the Landscape Maintenance Plan(s) included as Exhibit "C." Additionally, the CITY agrees to maintain existing sidewalk which remains within DEPARTMENT right of way within the area between the boundary line on either side of the abutting property extending forward to the back of curb, or if no curb then to the edge of travel lane. Said maintenance will be in accordance with Florida Administrative Code Rule 14-40.003 and the Florida Highway Landscape Guide, as they may be amended from time to time. The CITY's responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14-40.003(3)(a)5. The CITY agrees to maintain the CITY sidewalk in conformance with generally accepted standards of sidewalk maintenance. The above named functions to be performed by the CITY shall be subject to periodic inspections by the DEPARTMENT. The CITY shall not change or deviate from said planes) without written approval of the DEPARTMENT. 3. All landscape installation and all maintenance activities undertaken by CITY shall be in accordance with the Maintenance of Traffic Planes) included as Exhibit "D" and Florida Administrative Code Rule 14-40.003(5). 4. If at any time after the CITY has assumed the landscaping installation or the maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to the terms ofthis AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY to place said CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) If installation is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the CITY under this AGREEMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the installation under (a) above, and maintenance by CITY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take maintenance action with regard to all or part thereof, with DEPARTMENT or Contractor's personnel, and invoice the CITY for expenses incurred, or (c) The DEPARTMENT may terminate the AGREEMENT, in which case the CITY shall at its own expense and within sixty (60) days after written notice by the D EP ARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its original condition. The CITY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the CITY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, CITY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at anytime in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed. The CITY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove the same. 6. CITY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, CITY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The term of this AGREEMENT commences upon execution. 8. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other AGREEMENTS and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9. This AGREEMENT may not be assigned or transferred by the CITY in whole or part without the consent of the DEPARTMENT. 10. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion ofthe AGREEMENT and Florida law, the laws of Florida shall prevail. 11. Public Entity Crime - A person or affiliate who has been placed on the convicted vendor list 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 on a contract with a public entity for the construction or repair of a public building or public 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, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public 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, and may not transact business with any public entity. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. (AGENCY) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Mayor or Chairman District Secretary Attest: (SEAL) Clerk/Director Attest: (SEAL) Executive Secretary Legal Approval Legal Approval EXHIBIT" A" RESOLUTION RESOLUTION NO. 2006-47 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FOOT) has jurisdiction over and maintains State Road 434 as part of the State Highway System; and WHEREAS, the Mayor and City Commission seeks to install and maintain certain landscaping within the S.R. 434 right-of-way to a higher standard than provided by FOOT; and WHEREAS, the Mayor and City Commission, as a part of said landscaping, seeks to remove portions of the existing sidewalk within the S.R. 434 right-of-way and to connect the remaining sidewalk to a City sidewalk located off said right-of-way; and WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to authorize the City Manager to enter into a Landscape Construction and Maintenance Memorandum of Agreement between FDOT and the City of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission of the City of Winter Springs hereby authorizes the City Manager to enter into a Landscape Construction and Maintenance Memorandum of Agreement between the City of Winter Springs and the Florida Department of Transportation in a form acceptable to the City Commission. SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to FOOT and all other persons as directed by the Mayor and City Commission. SECTION III - This Resolution shall take effect immediately upon adoption by the City Commission. Passed and adopted this day of ,2006. CITY OF WINTER SPRINGS, FLORIDA JOHN F. BUSH, MAYOR ATTEST: ANDREA LORENZO-LUACES, CITY CLERK EXHIBIT "B" LANDSCAPE PLANS VISTA WILLA OFFICE CENTER Outdoor Design Works, Inc. landscape Archhecture VISTAWILLA OFFICE CENTER LANDSCAPE PLAN Outdoor Design Works, Inc. Llndscape Architecture .Installalion. Pavels Lighting EXHIBIT "C" LANDSCAPE MAINTENANCE PLAN VISTA WILLA OFFICE CENTER ~ Vistawilla Office Center Right of Way Landscape Maintenance Guidelines Part I Lawn Maintenance Consideration A. Mowing, Edging and Trimming: All turf areas shall be mowed as needed so that no more than 1/3 of thle leaf blades are removed per mowing. Mowing shall be with a (reel/rotary/or mulching) mower. Mower blades will be sharp at all timeS to provide a quality cut. Mowing height will be according to grass type and variety. Clippings will be left on the lawn as long as no readily visible clumps remain on the grass surface 36 hours after mowing. Otherwise, large clumps of clippings will be distributed by mechanical blowing or collected and removed by the contractor. In the case of fungal disease outbreaks, clippings will be collected until the disease is undetectable. Tree rings and plant beds and all building sidewalks, fences, driveways, parking lots and other surfaced areas bordered by grass will be edged every other mowing. Turf around sprinkler heads will be trimmed or treated with a non-selective herbicide so as to not.interfere with or intercept water output.; Contractor will clean all clippings from sidewalks, curbs and roadways immediately after mowing and/or edging. Clippings will not be swept, blown, or otherwise disposed of in sewer drains. B. Fertilization: All turf areas shall be fertilized as per the maintenance specifications attached. Complete fertilizers shall be granular in composition and contain 300" to 50% of the nitrogen in a slow or controlled release fonn. The ratio of nitrogen to potash will be 1: 1 or 2: I for complete fertilizer formulations. Phosphorus shall be no more than~f the nitrogen level They shall also contain magnesium and micronutrients (i.e. manganese, iron, zinc, copper, etc.). Fertilizer wi!} be swept off of walks and drives onto lawns or beds. After fertilization, a minimum of!tinch of water will be applied by the client. C. Pest Control: The contractor will inspect lawn areas each visit for indications of pest problems and advise the client or representative of such problems. Upon confirmation of a specific problem requiring treatment, pesticides will be applied as needed on a spot treatment basis, whenever possible, using the least toxic; effective pesticide. All spraying of pesticides and fertilizer applications will be performed when temperatures are beIow 90 F and wind negligible. No pesticide will be applied to turf areas without the express approval of the client. This includes weed and feed formulations. Records will be kept on pests identified and treatment(s) rendered for control. All pest control service is in addition to the basic oontract charges. The amount charged will be on a per job basis based on materials cost plus labor. The cost will be agreed on by client and contractor before such service is rendered. Pesticide applications will be made in accordance with the rules and regulations governing use of pesticides in Florida. Posting and notification of pesticide sensitive persons will be done. The pest control applicator will be operating under License # . Expiration Date D. Thatch Removal/Scalping: Removal of thatch (a spongy, build-up of dead and living grass shoots, stems and roots) should be considered when thatch thickness exceeds one inch. The best time for thatch removal is March through Augus.t when the turfgrass is rapidly growing. Thatch removal is in addition to the basic contract charges. Verticutting, using a vertical mower, is the recommended method of mechanically removing thatch from Bermuda, 81. Augustine and Centipede lawns. Blade spacing shall be 3" for 81. Augustine and Bahia grass, 2-3" for Centipedegrass and 1-2" for Bermuda and Zoysiagrass. Part n . Irrigation Systems: The contractor shall inspect and test all components and zones in the irrfgatlon system monthly and shall reset zone times acconling to seasOnal evapotranspiration changes. Minor adjustments and repairs such as bead-emitter cle?n;:ng or replacement, filter cleaning, small leaks, and minor timer adjustments shall be made by the contractor, with the client paying for parts. Once a year the contractor will recalibrate each zone following Cooperative Extensbn Service recommendations. During weekly maintenance, the contractor will note and report to client any symptoms of inadequate or excessive irrigation, draining problems, etc. Repairs or system beyond the above scope will be charged to the client at an murly rate per person plus parts. The contractor will notifY the client or client1s agent, of the nature of the problem before repairs are made. Part ill Considerations for Insurance, Licenses, Pennits and Liability The contractor will carry liability amounts and workmen1s compensation coverage required by law on his operators and employees and requires same of any sub-contractors and provide proof of same to the client The contractor is also responsible for obtaining any licenses and/or permits required by law for activities on client1s property. Situations which the Contractor may deem are hislher responsibility: Any damage due to operation of his equipment in performing the contract. Complying with all laws pertaining to protected plant species such as the mangrove. Damage to p!ant material due to improper horticultural practices. Improper replacement or retrofitting of irrigation system components. Injury to non-target organisms in application of pesticides. Situations which the Contractor may deem are not hislher responsibility: Death or decline of plant materials due to improper selection, placement, planting, or maintenance done before the time of this contract. Damage due to improper irrigation comporents existing at the time of contract execution. Exposed cablesfwires or sprinkler componentsllines normally found below the lawn's sur1iice. Flooding, storm, wind or cold damages. Disease or damage to lawns or landscape plants caused by excessive irrigation or lack of Water due to inoperative irrigation components provided these were reported to the client, or irrigation restrictions imposed by the Southwest Florida Management District or civil authorities. Damage caused by or to any item hidden in the landscape and not clearly guarded or marked. Damage due to vandalism. Table 2. Suggested fertilization schedule for St. Augustine grass lawns. 1 The arbitrary dividing line between north and south Florida is a straight east-west line from coast to coast through Orlando. (2ComPlete fertiljzer at 1.0 lb of nitrogenll 000 sq ft. ~ i 3Slow release nitrogen fertilizer sources should be used to prevent an excess of succulent growth dming chinch bug season. Apply 1.0 Ib of nitrogen/looo sq ft as activated sewage sludge, urea formaldehyde, sulfur- coated urea, ffiDU, resin-coated material or other slow-release source. 4Iron (Fe) may be applied in smnmer to provide dark green color without stimulating excessiv~ grass growth. Ferrous sulfate (2 oz in 3 to 5 gal. water per 1000 sq ft) or a chelated iron source may be used. OF UNIVERSITY of FLORIDA IFAS Extension EXHIBIT "D" MAINTENANCE OF TRAFFIC PLAN LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY OF WINTER SPRINGS, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 434 as part of the State Highway System; and WHEREAS, the CITY seeks to install and maintain certain landscaping within the right of way of State Road 434 in conjunction with the Vistawilla Office Center project; and WHEREAS, the CITY, as part of said landscaping, seeks to remove sidewalk from said right of way and to connect the remaining sidewalk to a CITY sidewalk located off of said right of way; and WHEREAS, the DEPARTMENT agrees to allow the landscaping only under certain conditions necessary to protect the traveling public using said right of way; and WHEREAS, Rule 14-40.003(3)( c), Florida Administrative Code, requires the parties to enter into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, CITY, by Resolution No. 2006- 47A, dated , and attached hereto as Exhibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY hereby agrees to install or cause to be installed landscaping as specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with Florida Administrative Code Rule 14-40.003, as it may be amended from time to time, and the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003 by reference. The CITY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 2. The CITY agrees to maintain the landscaping in accordance with the Landscape Maintenance Plan(s) included as Exhibit "C." Additionally, the CITY agrees to maintain existing sidewalk which remains within DEPARTMENT right of way within the area between the boundary line on either side of the abutting property extending forward to the Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, CITY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed. The CITY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove the same. 6. CITY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, CITY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The term of this AGREEMENT commences upon execution. 8. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other AGREEMENTS and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9. This AGREEMENT may not be assigned or transferred by the CITY in whole or part without the consent of the DEPARTMENT. 10. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. 11. Public Entity Crime - A person or affiliate who has been placed on the convicted vendor list 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 on a contract with a public entity for the construction or repair of a public building or public 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, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public 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, and may not transact business with any RESOLUTION NUMBER 2006-47 A A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department ot Transportation (FOOT) has jurisdiction over and maintains State Road 434 as part ot the State Highway System; and WHEREAS, the Mayor and City Commission seeks to install and maintain certain landscaping within the S.R. 434 right-ot-way to a higher standard than provided by FOOT; and WHEREAS, the Mayor and City Commission, as a part ot said landscaping, seeks to remove portions ot the existing sidewalk within the S.R. 434 right-at-way and ta connect the remaining sidewalk to a City sidewalk located off said right-at-way; and WHEREAS, the Mayor and City Commission ot the City ot Winter Springs wish to authorize the City Manager to enter into a Landscape Construction and Maintenance Memorandum ot Agreement between FOOT and the City ot Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION I - The City Commission ot the City ot Winter Springs hereby authorizes the City Manager to enter into a Landscape Construction and Maintenance Memorandum ot Agreement between the City ot Winter Springs and the Florida Department ot Transportation in a torm acceptable to the City Commission. SECTION II - The City Clerk of the City of Winter Springs is hereby directed to send copies of this Resolution to FOOT and all other persons as directed by the Mayor and City Commission. SECTION III - This Resolution shall take effect immediately upon adoption by the City Commission. Passed and adopted this 7th day of September, 2006. CITY OF WINTER SPRINGS, FLORIDA ATTEST: LORENZO-LUACES, CITY CLERK City of Winter Springs, Florida Resolution Number 2006-47 A Page 2 of 2