DISTRICT SEVEN HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT
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DISTRICT SEVEN HIGHWAY BEAUTIFICATION GRANT 0::.: ~/'<..
AND MAINTENANCE MEMORANDUM OF AGREEMENT
#c:?A ,# c::?Y' 98 #84 # C//- 9'8
This agreement, made and entered into as of the 2~ay of C(a~a.Jr, 199:l, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTA1lON, 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, existing under the Laws of Florida, hereinafter called the
"Local Government."
\VITNESSETH
WHEREAS, the Department owns State Road 60 right-of-way consisting of road
improvements and grassed areas abutting thereon located between Courtney Campbell Monument
Site and the small, western most bridge in Clearwater
, Florida (the "Project Hig~way"); and
WHEREAS, the Department and the Local Government 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 area encompassing the Local Government and;
WHEREAS, the Department, through the Florida Highway Beautification Council, has awarded the
Local Government a beautification grant for landscaping the grassed areas of the Project Highway;
and
WHEREAS, the Local Government, by Resolution No. 97-61 dated 12/4/97 , attached
hereto as Exhibit "A", has accepted said grant and authorizes its officers to execute this Agreement
on its behalf; and
WHEREAS, the parties hereto recognize the need for entering into an agreement designating and
setting forth the responsibilities of each party in maintaining the landscaping; and
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 parties.
NOW THEREFORE, for and in consideration of mutual benefits to flow each to the other, the
parties covenant and agree as follows:
1. The Local Government shall install landscaping and irrigation systems on those areas of the
Project Highway as specified in Construction Plans and Specifications for Courtney Campbell
Causeway 'Beautificationprepared by the City of Clearwater dated
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1/15/98 , Project No. 97082 , attached hereto as Exhibit "B",
incorporated herein by reference (the "Project"). The Project to be performed by the Local
Government shall not change or deviate from the Project without written approval by the
Department. It is the intent of the parties. except as otherwise provided in Paragraphs 7 and
1 0 hereof, that the Local Government shall be the owner of the landscaping and irrigation
systems comprising the Project.
All installations 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 veritY 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. or 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 installation shall be immediately brought into departmental compliance
at the sole cost and expense of the Local Government. In the event that the Local
Goverrunent fails to immediately remove such installations. or in the event that an emergency
exists. the Department may. at its option, proceed with removal of such installations and
charge the cost thereof to the Local Government.
2. Until such time as the Project is removed from the Project Highway pursuant to Paragraphs
, and 10 hereo( the Local Government shall at all times maintain the Project in a reasonable
manner and with due care in accordance with all applicable Department guidelines. standards
and procedures ("Project Standards"). Specifically. the Local Government agrees to:
(a) removal of litter from all landscaped areas of the Project Highway;
(b) watering and fertilization of aU plants;
(c) mulching of all plant beds;
(d) keeping plants as free as practicable from disease and harmful insects;
(e) weeding the Project premises routinely;
(t) mowing anellor cutting grass within the landscaped areas;
(g) pruning all plants. specifically removing of all dead or diseased parts of plants and
pruning of all parts of plants which present a visible hazard to those using the
roadway; and.
(h)
removal or replacement in their entirety of all dead or diseased plants or other parts
of the Project that have fallen below project standards.
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The Local Government agrees to repair. remove, or replace at its own expense. aU or part of
the Project that falls below Project Standards caused by the Local Government's failure to
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maintain the 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 material of the same grade, size, and specification as
provided in the original plans for the Project.
3. 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 9(a), may,
at its option, perform any necessary maintenance without need of any prior notice and charge
the cost thereof to the Local Government.
4. The Department's Local Maintenance Office shall be notified forty-eight (48) hours in
advance of commencing any responsibility for the roadway within this Project. The Local
Maintenance Engineer with responsibility for the roadway is B. Bennettlocated at Ulmerton
Road. Clearwatet telephone number'727-570-5101 . Prior to commencing any field
activities on this project, the City is to notify all the utilities of their work schedule, so that
any affected utilities can be field located and marked to avoid damage during maintenance
activities.
5. The Local Government will comply with all departmental Maintenance of Traffic Regulations.
All vehicles, equipment, and personnel shall maintain a minimum of 15 ft. clearance from the
edge of pavement. If the permittee desires to work closer than 15 ft. to the edge of pavement
or close a traffic lane, a Maintenance of Traffic Plan must be submitted to the Local
Maintenance Engineer for approval prior to beginning construction and/or maintenance
activities. The permittee shall have Maintenance of Traffic certified personnel set up or
supervise the set up and operation of such Maintenance of Traffic devices at the Project site.
6. The Department will require the Local Government to cease operations and remove all
personnel and equipment from the Department's right-of-way if any actions on the part of the
Local Government or representatives of the Local Government violate the conditions or intent
of this agreement as determined by the Department.
. .
7. 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, change
to meet with the future criteria or planning of the Department. The Local Government 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 Local Government will
own that part of the Project if 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. Wherever the Local Government
removes any or all of the Project pursuant to this paragraph, the Local Government shall
restore the surface of the affected portion of the Project premises to the same safe condition
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as it was before installation of such landscaping pursuant to the Grant. The restoration
expected shall include the grading and filling holes and indentations caused by the aforesaid
removal. as well as any seeding or sodding necessary to provide a grassed area.
8.
(a)
The Local Government has estimated the Project cost to be $ 56,672. 10 as shown
on Exhibit "e" and in the grant application dated 1/30/98 . The Department
agrees to pay up to, but not to exceed 50% of the total project cost, resulting in the
total sum of $ 22.189.10 for the final project cost, hereinafter referred to as
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 sprinklerlirrigation systems and related equipment; purchase and
installation of ground cover, trees, shrubs, palms, plants, plant materials, fertilizers,
soil, soil amendments; and cost of 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 this Agreement will 'not be considered in determining the Department's
participation. The Department's payment shall not be made until: 1) Certification of
Acceptance is received by the Local Government; 2) the Highway Beautification
Council has inspected or waived its inspection rights of the Project; and 3) a
Department Landscape Official has approved the Project 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),
Florida Statutes.
(e) Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre-aupit and pre-audit 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.
(t) 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 (3) years after final payment is made. . Copies of these
documents and records shall be furnished to upon request at all times during the
period ofthe Agreement and for three (3) years after final payment is made. Records
of costs incurred includes the Local Government general accounting records, together
with supporting documents and records, of the Local Government and all
subcontractors performing work, and all other records of the Local Government and
subcontractors considered necessary by the Department for a proper audit of costs.
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9. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department, if the Local Government 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.
10. In the event this Agreement is terminated in accordance with subparagraph 9(a), then the
Department may, at its own option, proceed with under subparagraphs (a), (b), or (c) below.
In the event this Agreement is terminated under subparagraph 9(b), 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 to the Local Government under this Agreement.
(b) The Local Government 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 Local Government will own that part of the Project
and restore the area to its pre-landscaped safe condition at its own cost an expense.
After the sixty (60) day removal period, the Department will become the owner of the
unremoved portion of the Project and may in its discretion remove, relocate or adjust
the Project as it deems best.
( c) Should the Department maintain the Project or a part thereof with Department forces
or private contractors, the Local Government shall be charged for the reasonable
costs of such work.
11. The beautification grant awarded by the council shall be in effect for a period of one year from
the date of this Agreement. Subject to Paragraph 9, in the event this Agreement is terminated
before the Department has paid the Local Government the grant amount, then the Department
agrees to pay the Local Government all of the grant amount if the project has been one
hundred percent (100%) completed or a percentage of the grant amount equal to the
percentage of the Project's completion at the time of termination.
12. The term of this Agreement shall be for a period often (10) years, commencing on the date
of execution of the, Agreement, with one ten (10) year renewal option. Any renewal must be
agreed upon by both parties in writing thirty (30) days prior to the expiration of the existing
Agreement.
13. To the extent provided by law, the Local Government shall indemnify, defend, and hold
harmless the Department and all of its officers, agents and employees from any claim, loss,
damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by
the Local Government, it agents, or employees, during the performance of the Agreement,
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except that neither the Local Government, its agents, or its employees will be liable under this
paragraph for any claim, loss~ damage, cost, charge, or expense arising out of any act, error,
omission, or negligent act by the Department or any of its officers, agents, or employees
during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by
the Local Government in the performance of services required under this Agreement, the
Department will immediately forward the claim to the Local Government. The Local
Government and the Department will evaluate the claim and report their findings to each
other within fourteen (14) working days and will jointly discuss options in defending the
claim. After reviewing the claim, the Department will determine whether to require the
participation of the Local Government in the defense of the claim or to require that the Local
Government defend the Department in such claim as described in this section. The
Department's failure to promptly notify the Local Government of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Local
Government. The Department and the Local Government will each pay its own expenses for
the evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
14. The Local Government may install additional landscaping and/or irrigation systems within the
Project Highway, subject to the following conditions:
(a) Plans for any new installation shall be subject to approval by the Department. The
Local Government shall not change or deviate from said plans without written
approval by the Department.
(b) Any new installation shall be developed and implemented m accordance with
appropriate safety and road design standards.
(c) The Local Government agrees to maintain the additional landscaping and/or irrigation
systems in compliance with the requirements stated herein.
(d) No changes will be made in the payment terms establishe,d under Paragraph 1 of this
Agreement due to any increase in cost to the Local Government resulting in the new
installation.
15. 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.
16. This Agreement may not be assigned or transferred by the Local Government in whole or part
without written consent to the Department.
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1'. This Agreement, regardless of where executed, shall be governed by and construed according
to the Laws of the State of Florida.
18. The Department's District 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.
19. 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, address to: 11201 N. Malcolm McKinley Drive
MS. 7-1200
Tampa, Florida 33612
or at such other address as the Department may from time to time designate by
written notice to the Local- Government, and;
(b) If to the Local Government, address to: Parks and Recreation Dept
P.O. Box 4748. Clearwater. Florida 117~H
or at such other address as the Local Government 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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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written. .
ST ATE OF FLORIDA
DEPARTMENT 0
~i~
Department Appro s to
Fonn and Legality
By:
1f4r("'llIhl .~
ATTE~W. '," eal) -
tive Secretary' ,-
CITY OF CLEARWATER
A Political Subdivision of the
Stat f Florida
L
Michael J. Roberto
City Manager"
BY:
Ric
Pu
9~
Local Goverrunent Approval as to
Fonn.and Legality
ATTEST:
Cyn ia E. .Goude:i'ta~'..
Cit Clerk
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eaif
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RESOLUTION NO. 97-61 I
RESOLUTION OF THE CITY OF CLEARWATE~ FLORIDA
AUTHORIZING THE CITY MANAGER TO APPLY FOR A FLORIDA
HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY
MANAGER TO ENTER INTO A HIGHWAY LANDSCAPING
MAINTENANCE MEMORANDUM OF AGREEMENT AND
HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Gulf-to-Bay Boulevard (S.R. 60) serves as a major entry into the City of Clearwater for
over 44,115 residents and tourists each day; and
WHEREAS, the City of Clearwater has completed beautification of 3.7 miles of the Courtney Campbell
Causeway, from Bayshore Drive to the Pinellas County line, and on the south side at the monument site,
and enthusiasm and interest has been demonstrated in beautifying both the north and south sides of the
Courtney Campbell Causeway from the point where the other projects ended, to continue on the north to
the welcome center and on the south to roadway park adjacent to the Water Pollution Control plant at the
entrance to the City of Clearwater; and
WHEREAS, the City Commission desires to authorize the City Manager to apply for a Florida Highway
Beautification Grant and to enter into a Highway Landscaping Maintenance Memorandum of Agreement
and Highway Beautification Grant Memorandum of Agreement in order to meet the City's long-range
goal of beautifying major roadways into Clearwater; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATE~ FLORIDA:
Section 1. The City Manager is hereby authorized to apply for a Highway Beautification Grant and to
enter into a Highway Landscaping Maintenance Memorandum and Highway Beautification Grant
Memorandum of Agreement with the Florida Department of Transportation.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 4th
of December
, 1997.
/""/ Rif".<I r..<ITVPY
Rita Garvey, Mayor-Commissioner
Attest:
Approved as to form:
/s/ Cynthia E. Goudeau
Cynthia E. Goudeau, City Clerk
EXHIBIT "A"
Resolution 97-61
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/ rl,f J 01 7;
/'l'rOjCcf tnfonnnUon: Please include in the project package:
I. ~ mf\p which shows lI~e eXf\ct location of the project within the St:lte, county :lnd
. cIty where proposed,
2. ^ written Project Description (with photogr:1phs if possible),
3. A conceptual perspective skelch of the proposed project,
4. ^ del..tiled list of plant materials, fertilizers, soil amendments and all other
materials included in the project,
Oet.1ilcd cost in formation for e.1ch of the Eligible Grant categories (noting
whether they are wholesale or retail costs),
Oet.1i1cd cost information for each of the Applicant Matching Project Costs
categories (noting whether they :ue wholesf\le or retail costs),
Detnilcd desIgn nnd coh.s(ructlon plnns.
.5:'
6.
7.
nit! following d:1tn nre for use by the COllncil in Rnl1ldng the project npplicnttons:
Locntlon of the Pa:ojecf:
CountY:Pinellas City: Clearvater
U.S.lS.R.# 60 LoCrtI Name: Courtnev Campbell Cause.....ay
length of Project: 6.760 Fee t (Miles or feet)
prom: "Courtne Cam bell Memorial Monument Site" Southside & Clearvater "Welcome
Center"
East To: Public Beach Accesswa Souths ide & Small Brid e Northside) (Northside)
SlIIttlnnrv or Elh.~ible Grime Proicct'costs (to be paid for by the Grant):
Sprinkler/irrigation system (purchase/install)
Plant materials, fertilizer, soil amend.ments
L1bor for installation of the Plantings
TOTAL ELIGlnLE GRANT COSTS
$' 1,001.50
$ 11..066.25
$ !0,~2!.~?
$ 22,189.10
nmmnr of A liean! Mafchin
continuing maintcn:1nce):
Plant Materials
Water (lnlcked or irrigation System) ,
labor for installation (include cstimate of voluntter labor costs)
Esbblishment Period Costs (labor etc.)
Other (identify)
Costs (local Government Share, nol including
TOTAL APPLICANT MATCHING COSTS
$
$
$
$
S
$
$
$_34, ~B3. 00
-0-
-0-
31,288.00
3,~9~!O9.
I ,
TOTAL PROJECT COST
$ ~6,6n,v19
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 3/98
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RUSH
Reason for RUSH :
Advertise
Award
_X_ New
(Needed by
__/__/____ (date))
(Letting Date) ___ Termination/Cert of Comp
Supplemental Renewal Correction
Court Order Overrun
LOA
Addition
Contract # _AG271___ Contract Type __AK Method of Procurement _G__
Vendor Name CITY OF CLEARWATER____ Vendor 10 F596-000-289-005____
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes No _X_N/A
Fed Agmt Amt State Funds Local Funds
Beginning date of this Agmt: 09/18/98(Must be after fund approval)
Ending date of this Agmt: 09/30/99(Estimate if necessary)
Execution date of this Agmt: __/__/__(Only on original agreements)
Has work been authorized to begin? ___ Yes _X_ No
Have standard financial provisions been altered by contract terms?
___Yes _X_ No If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes _X_ No
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Brief Description of Work/Comments:HIGHWAY BEAUTIFICATION
SR-60, M.P.5.954 TO M.P.7.543, SEC. 15040, PINELLAS COUNTY
******************************************************************
ORG-CODE *EO * OBJECT * AMOUNT
(FISCAL YEAR)
*FIN PROJ or JOB # *FCT
(FUND) alpha
------------------------------------------------------------------
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55 074040710 *11 * 730054 * $ 22,190.00
(98/99)
* 40408517401
(0010)
*493
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55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
*xxx
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
*xxx
TOTAL AMOUNT * $ 22,190.00 *
Originator:_DEBORAH KLAUS___ DATE SENT:09/08/98__ PH/SC:_512-7652_
E-mail USERID(s)_MT710DK
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TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5590
WORK PROGRAM VERIFICATION
ALLOTMENT _177,274.00
CI __X 6S LINE 0001
FUNDS APPROVED BY __JOHN FAIN
FOR THOMAS F. BOYD, CPA, COMPTROLLER
DATE: __9/9/98