93-39RESOLUTION NO. 93 - 39
A RESOLUTION OF THE CITY OF CLEARWATER# FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A HIGHWAY
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT AND A
HIGHWAY BEAUTIFICATION GRANT AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Courtney Campbell Parkway serves as the
major entry to the City of Clearwater for over 40,000 residents and
tourists daily, and
WHEREAS, the City of Clearwater and its residents have
completed beautification of the Parkway from the Clearwater line
west to the Parkway dedication monument site, and enthusiasm and
interest in beautifying the monument site west to the City's Water
Pollution Control Plant has been demonstrated; and
WHEREAS, the City Commission desires to authorize the
City Manager to execute a Highway Landscape Maintenance Memorandum
of Agreement and a Highway beautification Grant Agreement in order
to meet the City's long - range goal of beautifying the Courtney
Campbell Parkway; now, therefore,
BE IT RESOLVED BY THE CITY COty.MIsSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
a Highway Landscape Maintenance Memorandum of Agreement and a
Highway Beautification Grant Agreement between the City of
Clearwater, Florida and the Florida Department of Transportation,
copies of which are attached hereto as Exhibits A and B.
Section 2. This resolution shall take effect immediately upon
adoption.
PASSED um ADOPTED this 12th day of J, Daly, 1993.
Attest:
Cyn is S. Goud_au, City Clerk
0
Rita Garvey, Mayor/ 6064issioner
r A,•s ti t� M � , `era° '
111allWAY LANDSCAPE HAINTENANCE HEHORANDUH OF AGREEMENT
THIS AGREEMENT, made and entered into as of- the _ day.of
r 199 r by; and between the STATE OF FLORIDA
130ARTMENT OF 199 by;
RTATI� i, a component agency of the State of
Florida, hereinafter called the "Department" grid Clearwater City oE_
Clearntcr `, a political subdivision of Elie State of Florida,
existing under the Laws of Florida, hereinafter called ..he City_
W.1 T N E 5 S E T 11
WHEREAS, the Department owns State Road _�9 right -o[-
way consisting of road improvements and grassed areas abutting'
thereon located between the Memorial Monument arid the Hater Pollution
Control Plant in Pinellas County, Florida
(tile "Project 4iighway ") ; and
WIIEREAS, the Department and the City are of the
opinion that the grassed areas of the Project highway should be
landscaped with the various species of ground cover, wildflowers,
plantings, shrubs, trees and palms, to improve and enhance tine
aesthetic quality of the Project Highway arid' the area encompassing
the _ionumnnr GirP ; and ,
WHEREAS, the Department, through the Florida highway
Beautification Council ( "Council ") has awarded the City
a beautification grant for landscaping the Project -
Highway more particularly set forth in that Highway Beautification
Grant Memorandum of Agreement dated 199 (the "Grant
Agreement") attached hereto as Exhibit: "A" and by reference made in
part hereof;. and
WIIEREAS, the City agreed in the Grant Agreement to
maintain- all landscaped -areas and irrigation systems- to he'
installed -along the Project Highway (the "Project ") pursuant to the S
beautification grant; and
WIIEREAS, the beautification grant may not be initiat-,d until
the parties enter into a maintenance agreement; and
WIIEREAS, the _ City by Resolution No. 93 -39
, dated July l_i, 1993 , desires to enter No
this Agreement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of Elie mutual benefits
that flow each to the other, I-he parties covenant and agr.ec as
follows:
I. Until such time as the Project is removed from I:he
Project Highway pursuant to Paragraphs 3 and 5 hereof, the City
Shall at all times maintain the Project in a
reasonable manlier and with clue care in accordance with . .111
0 1 EXHIBIT A TO RESOLUTION 93 -39
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applicable Department guidelines, standards and procedures
( "Project Standards "). Specifically, the City
to: agrees
(a) Properly w4lLer and fertilize all plants, keeping
them as free as practicable from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and /or cut the grass to the proper length;
) Properly r e responsibility includes i) removing dead or diseased nparts of Plants (
pruning such parts thereof which present a visible hazard for those
using the roadway; and
(f) Remove or replace dead or diseased plants in their
entirety, or remove or replace those plants that fall below
original Project Standards.
The — rit-Y agrees to repair, remove or replace at its
own expense all or part of the Project that falls below Project
Standards caused by the City ,
same in accordance with the provisions of this paragraph.
ntasn �7e
event any part or parts of the Project, including plants, have to
be removed and replaced for whatever reason, then they shall be
replaced by parts of the same grade, size and specification as
Provided in the original plan. f
City or the Project. Furthermore, the
agrees to keep litter removed from the Project
Highway.
z• Maintenance of the Project shall be subject to periodic
inspections by the Department. In.the- event. that any of the
aforementioned responsibilities are not carried out or are
otherwise determined by the Department to be not in conformance
with the applicable Project standards, the Department, in addition
to its right of termination under Paragraph •4(a), may at its option
perform any necessary maintenance without need of any prior notice
and charge the cost thereof to the C
3. It is understood between the parties hereto that any or
all of the Project may be removed, relocated or adjusted at any
time in the future as determined to be necessary by the Department
in order that the adjacent state road be widened, altered or
otherwise changed to meet with the future criteria or planning of
the Department. TheCity
regarding such removal, relocation or adjustments and shall notice
allowed sixt be
y (60) days to remove all or part of the Project at its
own cost. The
it removed. City will own that part of the Project
After the sixty (60) day removal period, the
Department will become the owner of the unremoved portion of the
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Project and the Department then may remove, relocate or adjust the
Project as it deems best.
4. This Agreement mMy be terminated under any one of the
following conditions: ��
(a) By the Department, if the City fails to
perform its duties under this Agreement following fifteen (15)
days' written notice.'
(b) By either party following sixty (60) calendar days'
written notice.
5. In the event this Agreement is terminated in accordance
with Paragraph 4, the City shall have sixty (60) days
after the date upon which this Agreement is effectively terminated
to remove all or part of the remaining Project at its own cost and
expense. The _City will own that part of the Project
it removed. After the sixty (60) day, removal period,. the
Department will become the owner of the unremoved portion of the
project and then may remove, relocate or adjust the project as it
deems best.
6. Subject to Section 768.28, Florida Statutes, thew
- c ovenants and agrees that it will indemnify and hold
harmless the Department and all of the Department's officers,
agents and employees from any claim, loss, damage, rent, charge or
expense arising out of any act, action, neglect or omission by the
_City during the performance of the Agreement, whether
direct or indirect, and whether to a6y person or property to which
Department or said parties may be subject, except that neither the
City nor any of its subcontractors will be liable
under this paragraph for damages arising out of injury or damage to
persons or property directly caused or resu- lting from the sole
negligence of Department or any of its officers, agents or
employees.
7. This Agreement embodies the entire agreement and
understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded
hereby.
8. This Agreement may not be assigned or transferred by the
_ City
Department. in whole or in part without consent of the
9. This Agreement shall be governnd by and construed in
accordance with the laws of the State of rlorlda.
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10. All notices, demands, requests or other instruments
shall be given by depositing the same in the U.S. Mail, postage
prepaid, registered or certified with return receipt requested, or
by telex or telegram:
(a) If to the Department, addressed to:
11201 North Malcolm McKinley Drive, M.S. 7 -1200
Tampa, Florida 33612,
or at such other address as the Department may from time to
designate by written notice to the City ; and
(b) If to the City addressed
to:
P.O. Box 4748
('1oa,zaao-or TT_ 44618
or at such other address as the '
riry may from
time to time designate by written notice to the Department.
All time limits provided hereunder shall run from the date of
receipt of all such notices, demands, requests and other
instruments.
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All time limits provided hereunder shall run from the date of
receipt of all such notices, demands, requests and other
instruments.
IN WITNESS WHEREOF, the parties hereto have, caused these
presents to be executed the day and year above written.
Department Approval
as to Form and
Legality
Countersigned:
Rita Garvey
Mayor- Commissioner
Approved as to form
and correctness:
M. A. Galbraith, Jr.
City Attorney
R
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST: (Seal)
Executive Secretary
6
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
'4e7
HIGHWAY BEAUTIFICATION GRANT AGREEMENT
THIS AGREEMENT made and entered .into as of the
199 y dny
DEPARTMENT OF TRANSPORT71 YI N, by componenteagenrcySofTtlzergtLOIJIDf
Florida, hereinafter called the "Department," and 'City yoff __
hereinafter , a political subdivisiori' of the Slate of Florid,
hereinafteY called the City
W I T N E S S 13 T
WHEREAS, the Department owns State Road 60
way consisting of road improvements and road right -of-
thereon located between The Memorial Monument assed areas abutting
Pn7 t'- - -'r{— nnn contrnL._Plan and th_e Water
County, I'loYlda (the "Project highway ") ; landPinellas
WHEREAS, the Department and the . C t
Elie opinion that the grassed areas of the p fact FIi i�w� _ are of
landscaped with the various species of —Highway shati.1d be
plantings, shrubs, trees and alms to round cover, wildflowers,
aesthetic quality of the Proje t Highway , improve and enhance the.
the Monument Site and Elie area encompassing
; and
WHEREAS, the pepartment, through the Florida Ilighway
Beautification Cou,ficil has awarded the ��
beautification grant for landscaping the grassed areas of the
g
Project Ilighway; and
WHEREAS the Circe
dated July 1�, 1993— by Resolution No. 93 -39
authorizes its officers to execute has accepted said giant arrci
and Yecute this Agreement on its bet anc.
WHEREAS, the parties hereto
such landscaping mutually recognize the benefits of
designating the need for entering into an Agreement
and setting forth the responsibilities of each party
NOW THEREFORE, for and in consideration of the mutual benefits
to flow each to the other, the parties
follows: covenant and agree is
1 • The City -111 irrigation systems on those areassh' -All Lins Pro'ect}d113.,II��g `�ncl
specified in Construction Plans and Specifications g y `rs
Campbell Cau3evay Parkway Monument Site for. Courtney -
Clearwater. -- Prepare(] by r.he� _
93004 dated 1.ty.- aL_____.`- -
rgEr iC: 1993 _..., Project !!o,
incorporated herein b -' attached �heret-o as exhibit nA�ii
be performed by the
by (the "Pro ect"
j ) . The Project f,o
subject to periodic inspections by the bepartment. 'l�l�e C�11� be
shall not change or deviate- from the Project
1"'XI11131T 13 TO ABSUI,UTION 93 -39
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without written approval by the Department. It is the intent of
the parties hereto that except as otherwise provided in Paragraphs
2 and 6 hereof, the rity shall be the owner
of the landscaping and irrj,ation systems comprising the Project.
All installation and construction performed pursuant to this
Grant shall be performed in accordance with all applicable laws,
rules, procedures and guidelines of the Department.' Prior to
beginning any construction`or installation` the Local Government
shall verify with the Department what the applicable requirements
are. In the event that any installations are "at any time
determined by the Department to be not in conformance with the
applicable requirements, are determined to be interfering with the
safe and efficient operation of any transportation facility, or are
otherwise determined to present a danger to public health, safety
or welfare, said installations shall be immediately removed at the
Local Government's sole cost and expense. In the event that the
Local Government fails to immediately remove such installations,-or
in the event that an emergency exists, the Department may proceed
with removal and charge the cost thereof to the Local Government.
2. It is understood between the parties hereto that any or
all of the Project may be removed, relocated or adjusted at any
time in the future as determined to be necessary by the Department
in order that the adjacent state road be widened, altered, or
otherwise changed to meet with the future criteria or planning of
the Department. The city shall be given
notice regarding such removal, relocation or adjustment and shall
be allowed sixty (60) days to remove all or part of the Project at
its own cost. The �tg — will own that part of the
Project it removed. After the sixty (60) day removal period, the
Department will become the owner of. the unremoved portion of the
project and then may remove, relocate or adjust the Project as it
deems best.
3. (a) The City ' has estimated
the Project cost to be $ 38a988.23 as
shown on Exhibit °B" and in the grant application dated January 28,
1993 . The Department agrees to pay to the Citg
the total sum of $19,110_oo or fifty percent (50 %) of
the final Project cost, whichever is less, hereinafter referred'to
a the "Grant Amount." Subject to this limit, the Department will
pay only for those costs which are allowed by.Section 339.2405(11) ,
Florida Statutes: Purchase and installation of
sprinkler/irrigation systems and related equipment; purchase and
installation of ground cover, trees, shrubs, palms, plants, plants
materials, fertilizers, soil, soil amendments; and cost of and
labor, supervision, and administration associated with the
foregoing.
(b) The Department's participation in the Project cost
is limited to only those items which are directly related to this
Project. Project costs incurred prior to the effective date of
a
>3`.�j
�j
6 /qJ
this Agreement will not be considered in determining the
Departmentle Sot participation. The 501 payment shall' not bn mncle
until (1) certificntinn of acceptance is recelved from the
Nursery Superintendent
;�(2) the Highway Beautification Council
has inspected or' wa ved itfl.ilrspection rights of the Project; and
(J) a Department Landscape Architect or his designee has approved
the Project for final payment. A sikty (60) day grow -in period
will be required after Project completion. Upon receipt or
ceetitication of dcceptance and inspection approval, the City
may submit invoice for final payment.
(c) Payment shall be made only after receipt and
approval of goods and services as provided in Section 215.42,
Florida statutes.
(d) Any penalty for delay in payment shall be in
accordance with Section 215.422(2)(b), rlorida Statutes.
(e) Bills for fees or other compensation for services or
expenses shall be' submitted 'in detail sufficient for a proper
preaudit and preaudit thereof, and that bills for travel expenses
specifically authorized by this Agreement shall be submitted and
Paid in accordance with the rates specified in Section 112.061,
Florida Statutes.
(f) Records of costs incurred under terms of this
tAgreement shall be maintained and made available upon request to
he Department at all times during the period of this Agreement and
for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon
request at all times during the period of the Agreement and for
three years after final payment is made. Records of costs incurred
Includes the _mil " general accounting
records, together with supporting documents and records, o[ the
City and all subcontractors performing work,
and all other records of the City
Arid
subcontractors considered necessary by the Department for a proper
audit of costs.
4. The qty agrees to maintain the Project
and enter into an Highway Landscape Maintenance Memorandum of
Agreement, attached hereto as .Exhibit "C," which designates and
sets forth the duties and responsibilities of the parties in
maintaining the Project.
5. This Agreement may be terminated under any one of the
following conditions.
(a) By the Department, if the _ c ty
Fails to perform its duties under this Agreement, followin__ g Fifteen
(15) days written notice.
C)
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(b) By either party following sixty (60) calendar days'
written notice.
Department may at its Opt"
t4�ngrti}eie�D pis terminated in accordance
6. In the event th
with subparagraph 5(a), a or (b) below. In the event
b then ,the
P with under Subparagraphs ( b below:,
tills Agreement is terdunder Subpa agraph Subparagraph ( ) ( ' /
parties hereto shall Proceed art thereof will be
(a) Completion of the
Project tea contractors and the
undertaken by the Department or p
Department may deduct the reasonable cunderf m t }te such work
this Agreement.
money due the Cit
60
(b) The City shall have sixty ( ) days
after the date upon a t which tthis
r Agreement ii troje t attits lown eco taand
to remove all or p will own that part of the
expense. The
City 60 day removal period, the
Project it removed. After the sixty ( ) Y ortion of -
Department will become the owner of the unreloved p
Project and may in its discretion remove, relocate or adjust the
Project it deems best.
�, The beautification grant awarded by the Council shall
year from
continue for a period of one (1) m the date of this
Agreement. Subject to paragraph 5, in the event this Agreement
has paid the
terminated before the �
Grant Amount, then the Department agrees to pay the C e
all of the Grant Amount if the Project ofa the enrone
hundred percent (lope) completed or a p
the percentage of the Project's completion at the
Amount equal to
time of termination.
S. Subject to the provisions of Section 768.28, Florida
Statutes,
the �a�e -- covenants and agrees that tile
will indemnify and hold harmless the Department om anYdalaim,o lossp
Department's officers, agents and employ act action,
damage, cost, charge or expense arising out of any during the
neglect or omission by C1t whether direct or indirect, and
performance of the Agreement,
whether to any person or property to which the Department or said
ept that neither the
parties may be subject exc
nor any of its subcontractors will be under
this paragraph for damages arising out 0f any injury .
person or persons directly caused o or its�l°fficers om agents Doe
negligence of Department or Y
s employees.
may install addition0i
9. The riYy��o ---- -- Project }ti hway,
landscaping and /or irrigation systems within the Proj g
subject to the following conditions:
c3--
C)
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(a) Plans for any new installation shall be subject to
approval by the Department. The -r -rte, shall not
change or deviate from said plans without written approval by the
Department. III
(b) Any new installation• shall be developed and
Implemented in accordance with appropi:iate safety and road design
standards.
(c) The City agrees to maintain the
additional landscaping and/or irrigation systems in compliance with
the requirements of the Highway Landscape Maintenance Memorandum of
Agreement executed as a condition of this Grant.
(d) No changes will be madee in the payment terms
established under Paragraph 3 of this Agreement due to any increase
in cost to the City resulting from the
new installation.
10. This Agreement embodies the entire agreement• and
understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded
hereby.
11. This Agreement may not be assigned or transferred by the
in whole or in part without written
consen of the Department.
12. This Agreement, regardless of where executed, shall be
governed by and construed according to the Laws of the State of
Florida.
13. All notices, demands, requests or other instruments shall
be given by depositing the same in the U. S. Mail, postage prepaid, -
registered or certified with return receipt requested, or by telex
or telegram:
(a) If to the Department, addressed to:
11201 N. Malcolm McKinley Drive, M.S. 1200
Tampa, Florida 33612,
or at such other address as the Department may from time to time
designate by written notice to the C_tty ;
and
(b) If to the
addressed to:
P.O. Box 4748
C1earvater, FL 34 ,
or at such other address as the C4 t3c may from
time to time designate by written notice to the department.
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All time limits provided hereunder shall run from the date of
receipt of all such notices, demands, requests and' other
instruments. j
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year above written.
Department Approval
as to Form and
Legality
Countersigned:
Rita Garvey
Mayor -Commissioner
Approved as to form
and correctness:
M. A. Galbraith, Jr.
City Attorney
N
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST:
Executive Secretary
6
(Seal)
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
WPI NO.
JOB NO.
�i Exhibit °B"
(General)
Project Cost
This exhibit forms an integral part of the highway
Beautification Grant Agreement between the State of Florida,
Department of Transportation and the City of Clearwater date July
15, 1993.
I. PROJECT COST: $38,988.23
TOTAL PROJECT COST $38,988.23
II. PARTICIPATION:
Public Agency Participation 51% $19,878.23
Department Participation 49% $19,110.00
Primary (D)
TOTAL PROJECT COST $38,988.23
0