Loading...
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. -1- 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. -2- 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 -3- 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