89-SRESOLUTION No. 89-,5
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER AND HIS STAFF TO ENTER INTO
A HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM
OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION
WHEREAS, many roadside areas and median strips abutting
Department of Transportation rights-of-way areas must be main-
tained and attractively landscaped; and
WHEREAS, the Mayor and City Commission desire that the
City of Boynton Beach maintain various landscaped rights-of-way
areas within the City of Boynton Beach; and
WHEREAS, the Mayor and City Commission of the City of
Boynton Beach wish to authorize the City Manager and his staff to
enter into a Highway Landscaping Maintenance Memorandum of
Agreement between the City of Boynton Beach and Florida
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA.
Section 1. The Mayor and City Commission of the City of
Boynton Beach hereby authorize the City Manager and his staff to
enter into a Highway Landscaping Maintenance Memorandum of
Agreement between the City of Boynton Beach and the State of
Florida Department of Transportation.
Section 2. The City Clerk of the City of Boynton Beach
is hereby directed to send copies of this Resolution to the
Department of Transportation and all other persons as directed by
the Mayor and City Commission.
PASSED AND ADOPTED this ~ day of_ ~
, 1989
ATTEST:
Ci~Y~rk
(Corporate Seal )
'Vice Mayor
MAI Nl ENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 , by and between the STATE OF FLORIDA DEPA~OF TRAN~-~, a
component agency of the State of Florid~ hereinafter called the
"DEPARTMENT" and the CITY OF BOYNTON/.,E~Op~litical subdivision of the
State of Florida, existing under the Laws of Florida hereinafter called
the " CITY ,, '
WITNESSETH
WHEREAS, as a part of the continual updating of the State of Florida
Highway System, the Department, for the purpose of safety, protection of
the investment and other reasons, has constructed and does maintain FOUR
lane ( DIVIDED ) highway facilities as described in Exhi~"
attache-d-hereto an-~-~-lncorporated by reference herein, within the corporate
limits of BOYNTON BEACH and
f-.~REA~z ~he~.. C~TY. _ is of the opinion that said hiqhwav
~ClJl~les tnaz conzaln landscape median and utility stripes sh~ll ~e
,m_~alQ~_~l~_~ perlodl? t~m]ng, cutting~ mowiq~,~g, liltter
up ,,u ,ucessary re-p~an~l~. . , p_ick
WHEREAS, the parties hereto mutually recognize the need for entering
into an Agreement designating and setting forth the responsibilities of
each party; and
WHEREAS, the CITY by Resolution No. ____~-s
dated May 2 , 19 8% ~ttached hereto and by this reference~
part h~reof, desires to en~ into this Agreement and authorizes its
officers to do so.
NOW THEREFORE, for and in consideration of' the mutual benefits to flow
each to the other, the parties convenant and agree as follows:
1. The CITY shall perform the following
standards in a reasonable manne~~all due care·
~_ehe C.I, TY hereby agrees to maintain the plantin s, followl
partment s landsca~uidel-~nes ~ ...... : - g~
· - - · --- ~ -. - y ~ne ~mits of
pro3ect. Such maintenance to be provided b' the C' - the
out as follows: ...~ the C~~~
. all plants and kee ~n the~as ~Fe . . . ]zat]o~
harmful insects'· to -~-~;'~.- '.-~-~ ~._e Q~ p~a~l, ca rom d~ea~
~ . . ,. v-~:-.y mu~c. ~ne ~an~ peas; to kee the re '
Tree of.~ee?; to mow and/or cut the"6'rass
~ne all plants which includ~: ~ ~_~_~-~v:[ ,~,~c~; ~o properly
~,,~, ur k~l prun~n sucn a'r't~ ther'
those usinq the roadway' ~~~.lch present a visual, hazard for
acing dead
ex~sting af Che time a
· _ _ , p~r~ ~s.obta~.ned from the~ ~epartme~trict
Secretary for the use Of~material~r dele,~
~u,s. )o maintain a)so
~tte~ removQ~ f~om ~he medi~ip ~n.dscape~
~~roject. Plants shall be those items whic~ wm)-ld~
scientifically classified as'plants and in~lude'bb't are ,or ¥~ted'to
tre~s, gra~s, or shru'bs.
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The above named functions to be performed by the CITY
shall be subject to periodic inspections by the artment. '~Such '
inspection findings will be shared with the clD~ and shall be the
basis of all decisions regarding, reworking o-r agreement termination.
2. If at any time after the CITY
the maintenance responsibility -- has as umed
ab°ve-m~to the s
attention of the Department's Deputy Assistant Secretary tha~ the limits
or a part thereof is not properly maintained pursuant to the terms of this
Agreement, said Deputy Assistant Secretary may at his option issue a
certifiedwritten notice]etterthatin carea deficiency of CITY or deficiencies exist(s), by sending a
, to place said CITY
on notice thereof. Thereafter t~y shall h~-ve a peri~
thirty (30) calendar days within whic-%-6--~o cor~the cited deficiencies.
If said deficiencies are not corrected within this time period, the
Department may at its option, proceed as follows:
(a) Maintain the landscaping or a part thereof, within
Department or Contractor's personnel and invoice the
City for expenses incured, or
(b) Terminate Agreement in accordance with Paragraph 4 of this
Agreement and remove, by Department or private contractor's
personnel, all of the ~ndscapi~ installed under this
Agreement or any preceding agreements except as to
Trees and Palms and charge the CITY the reasonable
~moval.
3. It is understood between the~ art' '~
~r~,_~r.~es 9~d palms covered by thisP~2,l~-9~ret° ?at the ~ver
ur a~Justed at: ~ . ~,::m~,~ may De removed.~~
any t~me ~n the future as det ' _ , re]oc~ted
ermined to be necessary Dy the
Department in order that the adjacent state road be widened, altered or
otherwise changed to meet with future criteria or planning of the
Department. The CITY shall be given sixty (60) calendar days notice
to remove said materia~ter which time the Department may remove same.
4. This Agreement may be terminated under any one of the following
conditions:
(a) By the Department, if the CITY fa~ls t~ perform its
duties under Paragraph 1 ~en (10) days written
notice. '
(b) By the Department, for refusal by the CITY
allow public access to all documents, p pers, ;etters, or
to
other material subject to the provisions of Chapter 119,
Florida Status and made or received by the CITY
conjunction with this agreement, in
5. The term of this Agreement commences upon execution.
6. To the extent permitted by law, the city shall
indemnify and hold harmless the Department, it
all suits, actions, claims and liability arisi~mployees
from
negligent performance of the work under this agreement,~the CITY
or due to-6- e
failure of the Ci.~ to construct and maintain the project in conformance
with the standards described in item under 1 of this agreement.
7. 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.
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8. The Department's Deputy Assistant Secretary shall decide all
questions, difficulties and disputes of any nature whatsoever that may
arise under or by reason of this Agreement, the prosecution or fulfillment
of the service hereunder and the character, quality, amount and value
thereof; and his decision upon all claims, questions and disputes shall be
final and conclusive upon the parties hereto.
9. This Agreement may not be assigned or transferred by the
.... CITY , in while or' part without consent of the Department.
10. This Agreement shall be governed by an construed in accordance
with the laws of the State of Florida. In the event of a conflict between
any portion of the contract and Florida law, the laws of Florida shall
prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
D--O-~--Approvai as to
Form and Legality
Date
BY:
ATTEST:
))eputy Assistant Secretary
~~ive S ~ c~r~xt~a ry
: .~.~,~~~ '(SEAL)
I
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F×AMPLE
ATTACHMENT A
County
SRNoo
Locations
LOCATION OF PROJECT:
U.S. STATE ROAD ~1
TO NORTH ROAD.
(FEDERAL HIGHWAY) MEDIANS FROM SE 5TH AVENUE
SE 6TH AVENUE TO SE 5.TH AVENUE - FIRST MEDIAN AREA SOUTH OF
SE 5TH AVENUE (~15 ON PLANS).
SE 5TH AVENUE TO SE'2ND AVENUE - FIRST AND SECOND MEDIAN
AREAS (2) NORTH OF SE 5TH AVENUE (~14, ~13 ON PLANS).
NE 10TH AVENUE TO NE 12TH AVENUE - ONLY MEDIAN BETWEEN THESE
TWO ROADS (~1! ON PLANS).
NE 12TH AVENUE TO NORTH ROAD - ONLY MEDIAN BETWEEN THESE TWO
ROAD.S (~12 ON PLANS).
NOTE:
StraightMilep°stSLtne(MP)Diagrams.are obtained frem' Department of Transportation