HIGHWAY BEAUTIFICATION GRANT MEMO OF AGREEMENT
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HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT
THIS AGREEMENT made and entered into as of the I&~day of
~~~i ,1991, 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 Clearwater ,
a political subdivision of the State of Florida, hereinafter
called the City
WIT N E SSE T H
WHEREAS, the Department owns State Road 60
right-of-way consisting of road improvements and grassed
abutting thereon located between Bayshore Drive
the Pine.lks County Line in Pine11as County, Florida
lIproject Highway");
road
areas
and
(the
WHEREAS, the Department and the Ci.ty 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 the
aesthetic quality of the Project Highway and the -Cit-y
WHEREAS, the Department, through the Florida
Beautification Council ("Council") has awarded the Cit.y
'b"eautification grant for landscaping the grassed areas
ProJect Highway;
, 'WHEREAS, the City by Resolution No. QO-Sl dated
12-20-90 , has acceptedsaid grant and authorizes its officers
to execute this Agreement on its behalf;
Highway
a
of the
WHEREAS, the parties hereto mutually recognize the benefits
of such landscaping and the need for entering into an agreement
designating and setting forth the responsibilities of each party;
and
NOW THEREFORE, for an consideration of the mutual benefits
to flow each to the other, the parties covenant and agree as
follows:
1. The City shall install landscaping and irrigation
systems on those areas of the proj ect Highway as specified in ,
Construction Plans and Specifications for Courtney Campbell Parkway
Beautification prepared by Anderson-Lesniak Assoclatesdated
1-15-91 , Project No. 89137 , incorporated herein
by reference (the "Project"). The Project to be performed by the
City shall be 'subject to periodic inspections by the,
Department. the City shall not ,change or deviate from the
Project without written approval by the Department. It is the
intent of the parties hereto that except as' ctherwise provided in
paragraphs 2 and 6 hereof, the City shall be the owner of
the landscaping and irrigation systems comprising the Project.
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 adj acent 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 ninety (90) days to remove all or part of the Project
at its own cost. The f:it-y will own that part of the
proj ect it removed. After tne ninety (90) day removal period,
the Department will become, the owner of the unremoved portion of
the Project and the Department than may, at its own cost, remove,
relocate or adjust the Project as it deems best.
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3. The City has estimated the Project cost to be
$ 186 , 765.00 as shown on Exhibit "B" Q.f--t.Re-~-ant.--a-ppli:-ea'=ieft
dated~.....st I l.. (qer{. The Department agrees to pay to the City .
the total sum of $ HH 57? 00 or fifty percent (50%) of the
final Project cost, whichever is less (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: (a) purchase and installation of sprinkler/irrigation
systems and related equipment; (b) purchase and installation of
ground cover, trees, shrubs, palms, plants, plants materials,
fertilizers, soil, soil amendments; and (c) cost of and labor,
supervision and administration associated with the foregoing.
The Departmentls participation in the project cost, as
described in Exhibit "B", is limited to only those items which
are directly related to this proj ect. proj ect costs incurred
prior to the effective date of this agreement will not be
considered in determining the Department's 50% participation.
The 50% payment shall not be made until (1) certification of
acceptance is received from aHorticulturist-La~-ili:'-eh-i-t-ect; (2)
the Highway Beautification Council has iI).spected or waived its
inspection rights of the project; and (3) a"Department Landscape
Archi tect or his designee has approved the project for final
payment. A sixty (60) day grow-in period will be required after
project completion. Certification of acceptance and inspection
by the Council may be requested sixty (60) days after project
completion. Upon receipt of certification of acceptance and
inspection approval, the Citv may submit invoice for final
payment.
(a) Payment shall be made only after receipt and
approval of goods and services as provided in
Section 215.42, Florida Statutes 1 \
(b) Any penalty for delay in payment shall be in
accordance with Section 215.422 (2)(b), Florida
Statutes.
(c) Bills for fees or other compensation for services
or expenses shall be submitted in detail sufficient
for a proper preaudit and postaudit thereof, and
that bills for travel expenses specif~cally
authorized by this Agreement shall be submitted and
paid in accordance with the rates specified in
Section 112.061, Florida Statutes.
(d) Records of costs incurred under terms of this
Agreement shall be maintained and made available
upon request to the 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 to the Department at all
times during the period of t~e Agreement and for
three years after final payment is made. Copies of
these documents and records shall be furnished to
the Department upon request. Records of costs
incurred includes the r.iry'~general accounting
records, together with supporting documents and
records, of the rity and all subcontractors
performing work, ana all other records of the
City and subcontractors considered necessary
by the Department for a proper audit of costs.
4. The City agrees to maintain the Project and enter
into an agreement which designates and sets forth the duties and
responsibilities of the parties in maintaining the Project.
5. This Agreement may be terminated under anyone of the
following conditions:
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(a) By the Department, if the City fails to perform
its duties under this Agreement, following thirty
(30) days written notice.
(b) By either party following sixty (60) calendar days
written notice.
(c) By both parties, thirty (30) calendar days
following the complete execution by both parties of
an agreement to terminate this Agreement.
6. In the event this Agreement is terminated in
accordance with Subparagraph 5(a) then the Department may at its
option proceed under subparagraphs (a) or (b) below. In the
event that this Agreement is terminated under Subparagraph 5(b)
or 5(c) then the parties hereto shall proceed under subparagraph
(b) below.
(a) Completion of the Project or a part thereof will be
undertaken by the Department or private contractors
and the Department may deduct the reasonable cost
of such work from the money due the City under
this Agreement.
(b) The City shall have ninety (90) 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 ninety (90) day removal period, the
Department will become the owner of the unremoved
portion of the Project and the City then may
ta}>;.e any action with the proj ect Highway or, all or
part of the Project it deems best.
7. The beautification grant awarded by th Council shall
continue for a period of one (1) year from the date of this
Agreement. Not wi thstandng any provision of this Agreement to
the contrary but subject to Subparagraph 5(a), in the event this
Agreement is terminated before the Department has paid the
City the Grant Amount, then the Department agrees to pay
the, City all of the Grant Amount if the proj ect has been
completed or a percentage of the Grant amount equal to the
percentage of the Project's completion.
8. 'Subject to the provisions of Florida Statutes 768.28,
the Ci ty covenants and agrees that it will indemnify and
hold harmless the Department and all of Department's officers,
agents and employees from any claim, loss, damage, cost, charge
or expense arising out of any act, action, neglect or omission by
City during the performance of the Agreement, whether direct
or indirect, and whether to any person or property to which the
Department or said parties may be subject except that neither the
Ci ty 'nor any of its sUb-contracto:rs, will be liable under
this paragraph for damages arising out of any injury or damage to
person or persons directly caused or resulting from the so-le
negligence of Department of any of its officers, agents or
employees.
9. The City may install additional landscaping and/or
irrigation systems wi thin the proj ect Highway, subject to the
following conditions:
(a) Plans for any new installation shall be subject to
approval by the Department. The City shall not
change or deviate from said plans without written
approval by the Department.
(b) Any new installation shall be developed and
implemented in accordance with appropriate safety
and road design standards.
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(c) The rity agrees to complete, execute and
comply wlth the requirements of the Highway
Landscape Maintenance Memorandum of Agreement
attached hereto as Exhibit "A".
(d) No changes will be made 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
City in whole or in part without consent 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 ~elex or telegram:
(a) If to the Department, addressed to 4950 W. Kennedy
Boulevard, Suite 500, Tampa, Florida 33609 or at
such other address as the Department may from time
to designates by written notice to the County; and
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(b) If to the rity address to P.O. Box 4748
rlprlrwMrpr, Florida, 34618
or at such' other address as the from time to
time de~ignates 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. '
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
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D part ent,(i&val
as to datej Form and
Legality
By:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
c:....:l ).~. ~ ~C):h
~, Di~trict secret,ary
~+- '-M~ ( .. .1)
Executive secret~
ATTEST:
FLORIDA
Approved as to form
and correctn 55:
Attest:
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HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the ,~~ day of
~l~)-t , 1991, 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 ClearwatE:;r a
political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the City
WIT N E SSE T H
WHEREAS, the Department owns State Road 60 right-of-way
consisting of road improvements and grassed areas abutting
thereon located between Bayshore Drive and the Pinellas County Line
in P; np 11 r1 S County, Florida (the "proj ect Highway") which
defines the boundaries of the Project (as d..e~ined below);
WHEREAS, 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 the
aesthetic quality of the Project Highway and the City
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 , 1991 (the, "Grant
Agreementll) attached hereto as Exhibit lIAlI and by reference made
apart hereof;
WHEREAS, the City by Resolution No. 90-53 ,
dated 17.-20-GO , desires to enter into this Agreement and
authorizes it officers to do so.
'NOW THEREFORE, for and in consideration of the mutual
benef i ts that f low each to the other, the parties covenant and
agree as follows:
1. The ('; +-y hereby agrees to maintain the Project
in a reasonable manner and with due care in accordance with the
Department I.S guidelines, standards and s~ecifications in effect
as of the date this Agreement ("Project Standards").
Specifically, the ('; +-y agrees to carry out the following
maintenance responsibilities:
(a) Proper water and proper fertilization of all plants
and keeping them as free as practicable from disease
and harmful insects;
(b) Proper mulching of plant beds;
(c) Keeping the premises free of weeds;
(d) Mowing and/or cutting the grass to the proper length;
(e) Proper pruning of all plants which includes (i)
removing dead or diseased parts of plants or (ii)
pruning such parts thereof which present a
visible hazard for those using the roadway; and
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(f) Removing or replacing dead or diseased plants in
their entirety, or removing or replacing those
that fall below original Project Standards.
The City agrees to repair, remove or replace at its own
expense all or part of the project that falls below Project
Standards caused by the r; t-y I S failure to maintain same in
accordance with the provisions of this paragraph. In the 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 plans for the Project. Furthermore, the
City agrees to keep litter removed from the Project Highway.
The above named functions to be performed by the City shall
be subject to periodic inspections by the Department. It is the
intent of the parties hereto that except as otherwise provided in
paragraphs 2 and 5 hereof the City shall be the owner of the
landscaping and irrigation systems comprising the Project.
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 r; t-y shall be given notice regarding
such removal, relocation or adjustment and shall be allowed'
ninety (90) days to remove all or part of the Project at its own
cost. The C; t-y will own that part of the proj ect it
removed. After the ninety (90) day removal period, the
Department will become the owner of the unremoved portion of the
proj ect and the Department then may, at its own cost, remove,
~elocate or adjust the Project as it deems best.
3. This Agreement may be terminated under anyone' of the
fOllowing conditions:
(a) By the Department, if the City fails to
perform its duties under this Agreement or for
refusal by the C.ity to allow public access to
all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida
Statutes and made or secured by the County in con-
juction with this Agreement following ten (10)
days written notice.
(b) By either party following sixty (60) calendar days
written notice.
(c) By both parties, thirty (30) calendar days follow-
ing the complete execution by both parties of an
agreement to terminate this Agreement.
4. The term of this Agreement commences on .4:/......,1/2., 199/,
and continues for a period of three (3) years. This Agreement
may be renewed on a yearly basis for a maximum of two, one year
renewals. Any renewal must be agreed' upon by both parties in
writing thirty (30) days prior to the expiration of the existing
agreement.
5. In the event this Agreement is terminated in accordance
wi th Subparagraph 3 (a) then the Department may at its option
proceed under subparagraphs (a) or (b) below. In the event that
this Agreement is terminated under Subparagraph 3(b) or 3(c) then
the parties hereto shall proceed under SUbparagraph (b) below.
(a) Maintenance of the Project or a part thereof shall
be undertaken by the Department or private
contractors and the Department may charge the
City for the reasonable costs of such work
for a one (1) year period.
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(b) The City shall have ninety (90) 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
Cit' will own that part of the Project it
- remov~d. After the ninety (90) day removal period
portion of the Project and the Department then may
take any action with the Project Highway or all or
part of the Project it deems best.
6. Subject to Florida Statute 768.28, the City covenants
and agrees that it will inuenmify and hold harmless Department
and all of 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 r; t-y during the
performance of the Agreement, whether direct or indirect, and
whether to any person or property to which Department or said
parties may be subj ect, except that neither the r; t-y nor
any of its sub-contractors will be liable under this paragraph
for' damages arising out of injury or damage to persons or
property directly caused or resulting from.tge ~be negligence of
Department or any of its officers, agents or employees.
7.' This Agreement embodies the entire agreement and
uhderstanding 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 , in whole or in part without consent of the
Department.
9. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
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 4950 West Kennedy
Blvd., Suite 500, Tampa, Florida 33609 or at such other
address as the Department may from time to designate by
written notice to the County; and
(b) If to the Cj~y address to P.O. Box 4748
Clearwater, Florida, 34618
or at such other address as the City from time
time designates by written notice to the Department.
All time limits provided hereunder shall run from the date
of receipt of all such notices, demand3 requests and other
instruments.
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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
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D part ent pproval
as to Date, Form and
Legality
By:
'D~
ATTEST: _
Executive Secretary
Rlta Garvey
Mayor-Commissioner
Approved as to form
and correctness:
CITY OF CLEARWATER, FLO IDA
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By: ~~
Attest:
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Exhibit liB"
(General)
Project Cost
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WPI NO.
JOB NO.
This exhibit forms an integral part of the Highway
Beautification Grant Agreement between t~e State of Florida,
Department of Transportation and C~ ~ () C(e~rc..c..?t;~ dated
AIA,.....~ Il, 1Cf71 .
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PROJECT COST:
(28.5 % )
(16.8% )
(,7.3%)
(l.7.4% )
$ 186,765.00
TOTAL PROJECT COST
$ 186,765.00
TOTAL PROJECT COST
* l.abor and Hated::!ls provided by City
* * l_,bor provided by volunteers
* * * Cash for purchases provided by City
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$ 53,1,26.00
$ 31,407.00
$13,660.00
$ 88,572.00
whichever is
less
II.
PARTICIPATION:
*Public Agency Participation
* * In-Kind
* * * Cash
Department Participation
Primary (D)
$186,765.00
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CITY oj CLEARWATER
Interdepartmental Correspondence Sheet
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TO:
q}"~~aq~deau~ City Cl.rf 1 t\\
Ream Wilson, Parks and Recreation Director , ~
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FROM:
COPIES:
SUBJECT:
DATE:
Highway Beautification Grant Agreement
August 22, 1991
Attached is a fully executed copy of the grant and maintenance agreements between
the City of Clearwater and the Florida Department of Transportation regarding the
beautification of the Courtney Campbell Causeway. This is provided for your
files.
Please contact me if you have any questions.
RW/deb
Attachment
llEr.El'lED
AUG 2 3 1991
CITY CLER~<