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Res 54-151 iA DWW'; RemlLil\!S ice_,_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and WHEREAS, the City Commission of the City of Delray Beach beautify and improve various rights of way by landscaping within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach wish to authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Delray Beach and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach hereby authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Delray Beach and the Florida Department of Transportation. Section 2. The City Clerk of City of Delray Beach is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Commission. PASSED AND ADOPTED by the City Commission of the City of Delray Beach at regular meeting assembled this 3rd day of September, 2015. YOR ATTEST: City Clerk RESOLUTION NO. 54-15 HIGHWAY BEAUTIFICATION AND LANDSCAPE MANAGEMENT DRAFT Rule Chapter 14-40, F.A.0 For immediate use by all 2015 applicants for Highway Beautification Council Grants PART I GENERAL PROVISIONS 14-40.003 Hiehwav Landscape Projects 14-40.020 Grant Application Process 14-40.030 Repealed PART I GENERAL PROVISIONS 14-40.003 Highway Landscape Project, (1) Department Authorization Required. tl Chapter is required is requiredrsany person right of way. Whenever flh J494hgtion or r landscaping on the Depa .+Pht's riglf%f way, Accommodation Manual, inb'rporated$ refer cut, or trim, vegetation that scr' tts out4mad have been issue }far` 1 to C (2) Defin "t . (a) "Abh jt+ Private Pro e, control of 1an11,ich adjoins, i (b) "Departm means the (c) "Highway L40pape Pr( Department right of 44 ; inclu thereof, by a local goverr apt (d) "Landscape" or "Lan&s i 7zation byttre Department pursuant to this Rule o*e, or insla lfndscaping on the Department's 4hlies cdbses the displacement of will 0;cducted as specified in the Utility Rule 14-46.001, F.A.C. Requests to remove, ns for which outdoor advertising sign permits ode in accordance with Rule 14-10.057, F.A.C. means anyJ6&rson or non-governmental entity having lawful iQtt, to, Department non limited access right of way. �a4r�ent of Transportation. s any planned or actual landscape or landscaping on fiction or installation, planning, beautification, and maintenance governmental entity, or abutting private property owner. is any vegetation, mulches, irrigation systems, and any site amenities, such as, street furnitua G decorative paving, fences, and lighting (excluding public utility street and area lighting). (e) "Local Governmental Entity" means as defined in Section 11.45(1), F.S. (f) "Non Governmental Entity" means any person or organization, other than a governmental entity, who seeks approval of a highway landscape project. (g) "Screen" or "Screening" means the planting or installation of any vegetation or other landscape material which will reach a height greater than the height of the bottom of the lowest sign face, as viewed from a height of 3.5 feet above the roadway surface at the edge of the travel lane closest to the outdoor advertising sign. (h) "View Zone" means as defined in Section 479.106(6), F.S. (3) Approval Criteria. (a) Approval is based on review of a complete set of landscape plans. The District Landscape Architect can be consulted during preparation of landscape plans. The following plan preparation guidelines must be used: 1. Project data must be included on sheet 1 of the plans, and must include a location map with beginning and end of project mile posts, index of plans included in the set, state road number, local government and contact information, and name and address of the person and firm who prepared the plans. 2. Plans must be drawn to scale, exhibiting an accurate and legible representation of existing conditions (above and below ground), and all proposed work. Plans must show all dimensions necessary to demonstrate compliance with this rule. If there is a baseline survey or centerline of construction, station points must be used. If there is no baseline survey or centerline, dimensioning must be from a fixed point. All dimensions must be noted in English system measurements (inches, feet, yards, miles, etc.). Plans must be plotted to scale on 11" X 17" multipurpose pa3ei Scale shall be such that clarity and legibility are preserved. Plans must contain a graphic scale andrih arrow with standard orientation on each plan sheet, and reference the state road number, section�ntaber, milepost, and local street names. Plans must also include curbs, edge of pavement, edge of tt ve la' hels;x,guardrails, right of way fence and/or right of way lines, sidewalks, intersections, medio,breaks, drtv8ways, bike lanes, transit facilities, surveying monuments, signs, view zones of permitt d indoor advertisitri,ns, lighting, traffic signals, other traffic control devices, drainage features, ]ittlr clear sight, lateral offsets, set backs, and clear zone limits, existing off site features and conditions high affect or are affeciM by,. the project, easements, above and below ground utilities, and all existing vegelatign. DefA)s and text mQ'4ie large enough to be legible on all plan sheets. 3. Electronic files willbe accepted whap � q ted by the L�1e artment. 4. All proposed landscaping must be iderified &14�e plans. `F,all plants, give the following information in tabular form:° r i ty Common Name Botanical Name, including variety or cultivar Quantity Size when installed (height, caliper, spread, container size, clear trunk, multi -trunk, or any other descriptive aspect of the desired plants) �Maximum maintained or typical mature height, spread, and trunk diameter of normal mature plant spec imenss measured 6 inches above the ground. J. Eanuacape pions must mcluaq Written 9p crttcations for materials and installation. v , 6. Landscape planssmust include'$gaphic installation details and demonstrate that lateral offsets and sight distances at interspct)ons will Otte adversely impacted. 7. The approval of lands cape plauf r6quires a work zone traffic control plan in accordance with FDOT Design Standard 600 series i tporVioted in the Utility Accommodation Manual by reference in Rule 14- 46.001, F.A.C., and the Manua(.+ Niform Traffic Control Devices as incorporated by reference under Rule 14-15.010, F.A.C. 8. A comprehensive maintenance plan must accompany the plans. The intent of design elements, such as to screen a view, maintain a clear sight distance, or assist with water retention, must be included in a description of the project, accompanied by a written or graphic guide describing the performance requirements of the entity responsible for maintaining the project. The maintenance plan must include requirements necessary to maintain and manage sight distance, horizontal and vertical clearance, accessibility, plant health, form, height and spread, mulch thickness and cover, edges, weeds and litter, irrigation system(s), hardscape, lighting, benches, and site amenities, and any other requirements necessary for the design intent to be fulfilled. The maintenance plan must include a work zone traffic control plan, and define the limits of the mowing and litter control that will be performed as part of the landscape project. When the landscape project is to be maintained by the Department, a maintenance cost estimate based on anticipated maintenance activities must be an attachment to the plans. 9. Plans must be prepared by a person who meets the requirements of Chapter 481, Part IL F.S. (b) No planting or installation of vegetation or other landscape material for landscape projects, or issuance of permits for such planting or installation, including construction and beautification projects, is allowed on Department right of way which screens or which, when mature, will screen an outdoor advertising sign permitted under Chapter 479, F.S. This prohibition also applies to outdoor advertising signs located within incorporated municipalities and not required to obtain a Department permit pursuant to s. 479.07(1), F.S. This prohibition applies to all landscape, construction, and beautification projects on Department right of way regardless of the source of funds for the project, except for landscape projects approved by the Department prior to the date of the original, state sign permit for the sign. For purposes of this rule, a landscape, construction, or beautification project is QObved when it is specifically identified in the Department's five year work program, is a perV I landscape project, is part of an executed agreement between the Department and a local goge�trtrtt, or has been approved in writing by the Department for installation at a later date by a local gov, Y entie at 1. Screening is prohibited within an established vievy k e to s t 2. When a landscape project is proposed within 1;)Wijet approachingv# rmitted outdoor advertising - sign designer of record will notify the sign permitt�e.t the address providedApaccordance with rule subsection 14-10.011(2), F.A.0 1�- t19, y k p s p 3. The limits of the screening prohibition may be adjuiteel to 4r 0r than or les n the dimensions provided in section 479106(6)(b), F.S. ptVsiant to a writt64r r aiI ent between the department, sign permittee, and a local governmental entitle is�pagreement l:ni; be transferable to all future sign owners. (c) A local governmental entity may reque §4pprOV.01p alter, rJtu6ve, or install landscaping on the Department's right of way dirgughpubmissiotio ka lands64k an. W _p public health, safety, and welfare, operation of the tr°d OAi , system, baAhep h environment may be jeopardized, the 11 Department will require tht�lans be` ged and geNK by a regts'fefed landscape architect. After review by the Department, and the Ma'long of ahs+ necessar}jr visions by the local governmental entity, the Department will prepare a writtt-agmen requiringte local governmental entity to properly construct and maintain th l s e proles ,F OutfiAgkhkentire!,j&Idscape irrigation system. The landscape plan 5 Nit to e aFeer �t. If separa`r' 'the maintenance plan as described in subparagraph will becomeA (3)(a)8 wi14bpme an addiht5 lsexhiblkof the agreety Ent. When the agreement is executed, and a Notice to Probeod s issued by tli&Peparhhetttt the local governmental entity may proceed with the project. (d) Non-govermQtpl entities mhkek approval to alter, remove, or install landscaping on the Department's right of *�ty,,through s l mission of a landscape plan, and a resolution from the appropriate local government that cots tWts the 166 government to execution of an agreement to properly construct and maintain the landscape, pr��Pkla$ described in Section (c) above. (e) An abutting private propIr Towner is not required to comply with paragraph (3)(d) of this rule and may apply for a permit to alter or install landscape materials on the Department's non limited access right of way directly abutting the owner's property between the right of way line and the nearest edge of pavement through submission of a Permit for Landscaping on State Road Right of Way Form 650-050- 09, Rev. 09/08, which is incorporated herein by reference at ht!ps://www.flruies.org/Gateway/reference.asp?No=Ref-05493 asp?No=Ref-05493 and is available at http://www.dot.state.fl us/proiectmanagementoffice/hi hwaybeautification/Council/Grants shtm . When public safety, operation of the transportation system, or the quality of the environment is jeopardized, the District Landscape Architect will require abutting private property owners to submit for approval a landscape plan, maintenance plan, and work zone traffic control plan. (f) Non-governmental entities or abutting private property owners seeking approval to install landscaping on the Turnpike right of way shall submit a completed Form 650-050-09 to the District Landscape Architect, Florida's Turnpike Operations Center, P. O. Box 9828, Fort Lauderdale, Florida 33310. The application must be accompanied by a landscape plan, maintenance plan, and work zone traffic control plan. (g) Approval will only be granted when it is determined that all plans meet the requirements of this rule. No permit will be issued to an abutting private property owner to provide visibility of such property through the cutting, trimming, or removal of trees, shrubs, or herbaceous plants. (4) Government Approvals. If the proposed highway landscape project is to be located on an Interstate Highway facility, Federal Highway Administration (FHWA) review is required. Approval pursuant to this Part does not relieve the local governmental entity, non governmental entity, or abutting private property owner of local or other jurisdictional requirements. (5) Installation and Maintenance.sr; (a) All landscape installation or maintenance activities perfo&fndej y a local governmental entity, non governmental entity, or abutting property owner on the Dep, rsryVs right of way must be performed in conformity with approved landscape plans. g r to %, (b) If a landscape project is proposed for a median grlini sed area ch is maintained pursuant to an agreement between the Department and a local govorrniental, and the agent obligates the local governmental entity to maintain the median or gran e 'area in accordance' fi gn approved maintenance plan, the agreement will be applied to the maintenaikj xQf the landscape project@ the Department has previously agreed to provide funds for such maintenance$ nto ince sed compensaQh,will be provided by the Department for maintenance of the lat�lspape project. g. fl %T ff c , (6) As -built plans, or a summary of ch 4440fe required tor'all landscape projects, and must be submitted to the District Office within 30 d4�s o�project co Ij ption. (7) Donation of Landscape Projects. The installation, and maintenancg4prkapdscape requirements of this rule. Ti Aat 44an& manageability of the med14 installation of plants, mater project may be removed by the agreement. Ta m, its mill accept donations of plants, materials, on tl+,Statp Hig ay System that meet the jee1t4Asf s bkstantiially improve the appearance or �q}4 must be dn;File with the Department before se agreer*llat must stipulate that the sign and the landscape m, for,failure' meet the requirements of this Rule Chapter or P Yn k (a)SignspVowledgih''g Vopated I'aTidscape pfcj�ct& by an individual or entity may be erected on the right of way; pben the donatiQfil nclud&jtstallation d maintenance or solely maintenance pursuant to an executed agreement. Such sigr will rein in place for a term of five years, unless otherwise specified in the agI•fenent. Signs itognizing+nated landscape projects are a feature of the landscape project, not traffic cdatrpl device. SA p ses within the same local governmental jurisdiction should have a unifying theme repreAtd through sign appearance, design, fabrication, and installation, and can include the local governmbnlal juris4ibtional logo as part of the sign design. The sign face must be non- retroreflective, have no movi"pA } not be illuminated, and not contain commercial logos, business slogans, tag lines, telephone nu�rhots, web addresses, or trademarks, or give the impression of promotional advertising. Color combinations or shapes that are similar to warning and regulatory signs are prohibited. Signs will not interfere with any official traffic control device. Signs will be placed at each end of the landscape project. Any sign acknowledging donated landscape projects not meeting the requirement of this rule will be removed by the Department. (b) Interstate Highways: The sign acknowledging donation of landscape projects on the Interstate Highway System will be provided by the Department. This sign will be similar to the Adopt -a -Highway Program sign used by the Department, except that the word 'landscaping" will be substituted for the words "litter control" and the colors will be green lettering on white background. The signs shall be installed and maintained by the Department. (c) Arterial Highways: The approved sign design for arterial highways is depicted in Figure 1. The rectangular sign panel will be no larger than 18 inches tall and 24 inches wide. Recommended text sizes and message are shown in Figure 1. The sign must be mounted on break away posts. The top of signs will be a maximum of no more than two feet above grade. Installation of signs is contingent upon an agreement with the appropriate local governmental entity. The approved sign panel(s) must be provided and replaced by the local governmental entity. Signs will be placed according to the approved landscape 1.9' R irrR) _ �- -, &irl �-I IT 8"SUMS"c LANDSCAPE 2" SERIES V By P' Y ,8• �, CONTRIBUTOR �a r . .r �6' b Figure 1 Arterial and Limited Access" Landsoape Roadway Bigg' plan. Rulemaking Authority 334.044(2), 337.2! 337.2505, 337.405, 339.24, 479.106 FS. 8-06,12-24-08, 14-40.020 Grant AI (1) Purpose. The Del accordance with Section council. c V 2 Defrnitin " (a) "AgrF Pit m�he of the grantP (b) `Appl¢4nt" means a loa, highway beautifk@ tion council (c) "Council"tansthe Flo (d) "Department" laps the (e) "Grant" means find§ pro (f) "Grant Application"Piga 650-050-10, Rev. 05/15, incoti F 7.405 FS. i IX tdmplemented 33 (26), 335.167, .fir- iVew 9 22=94 Amended 1-19-99, 4-2-02, 5-22-05, 2- 7�1�, ode gr464904Emce 16i 41g Tway beautification projects in rnmental entity or a local highway beautification a local M� and the Department setting forth the terms entity, as defined in Section 11.45(1), F.S., or alocal accordance with Section 339.2405(9), F.S. =tification Council. Ja Department of Transportation. y the Department to Applicants, pursuant to this rule chapter. fgorida Highway Beautification Council Grant Application, Form herein by reference at https://www.flruies.org/GatewayLreference.asp?No=Ref-05492 and available on the Department website at http://www.dot.state.fl.us/projectmanagementoffice/highwaybeautification/Council/Grants.shtm. (g) "Grant Coordinator" means the Department District employee responsible for the Council grant program. (h) "Highway Beautification Project" means landscaping intended to enhance the attractiveness of roads on the State Highway System. Landscaping is to be installed on state highway right of way and may include property owned by a local governmental entity that abuts Department right of way, if the property is visible to the state highway system. (3) Grant Application. (a) Applicants must submit a grant application to the Grant Coordinator having jurisdiction over the state highway on which the beautification project is proposed. Grant applications must be accompanied by the following supporting documents: location map, photographs of existing conditions, one page written project narrative, written or graphic conceptual plan (in accordance with Part I of this rule chapter), one paragraph descriptions of each evaluation attribute, photographs or sketches of examples of proposed improvements, list of proposed plant species (scientific and botanical names) and anticipated quantities, anticipated maintenance schedule, proposed means of providing supplemental water, project schedule, and resolutions required in paragraph (e) below. (b) The grant application deadline is October 1 for each fiscal year. When preparing a grant application, applicants should meet and work with the Grant coordinator beginning three months or more in advance of the deadline, to give adequate time for review and revisions. Any incomplete or late filed applications will not be accepted. Because addendums, corrections, and edits of any kind will not be accepted after the application deadline, applicants are strongly encouraged to submit a draft application to the Grant Coordinator by September 1. d ,° (c) For the Council to consider a grant application, ten pape,#gl5p es, and one electronic file copy of the completed grant application and supporting documents a sitbe Teceived by the Grant Coordinator by October 1.( to a (d) Applicants may submit an unlimited number The Grant Coordinator will note on the application it if previous projects were maintained in accordance4m (e) The applicant's governing body must have p authorizing the individual who signs the grant applic documents associated with the grant. A p4y�of such any number of project sites. received Council grants and the terms of prior n approviiigthe grant application and plicant to exe6itlq, agreements and resolution or resIcifutions must be included with the application. 1 14 (f) Applicants are encouraged to subm ` ane8pplications fc h'ghway beautification projects supported with equal (50 percent) matchingipnds oriktnd contrifiittlgtns from other sources. Design fees up to 10 percent of the grantbaMoilt may be cq}lajdered t yfalKl the applicant's match. Specific Authority 339.240 lemente 339 0 7 5,F sto;) New 1-19-99, Amended 11-22- 01, 3-20-03, 8-10-03, 12`'2 '3, 2-8-0 2-24 08;a t� ,.L � a �rg°� �rwa�i-, 14-40.022 Florida Highway IlicautilicAtiou Council {grant Award Process. (1) The Counci) w0al) gt semia #liky;of&ihm ofted if Veeded to consider all grant applications submitted bVAA brandinafo (2) The Cou 1l will conside a I rant alications si#tinitted by each Grant Coordinator. (a) The Counbll will evaluate th Irpplicatib ;based on the following attributes: 1. Aesthetic value ill the project o4hance t�re�beauty of the project location? 2. Level of local s6ppbxt: is the cont ittnity making a meaningful investment in the project as evidenced by letters, local pressttyerage, locals4lunteer labor, local business participation, and level of match? 3. Cost effectiveness: is t"' uality ah4 cost of the materials and labor efficient use of grant funding? 4. Feasibility of installation!WI'd i tenance: are the materials and methods of construction and maintenance 9including water h d1 igation) compatible with roadway safety and operation, and documented ability and commitment of maintaining agency? 5. Environmental Benefits: does the project and proposed level of maintenance improve environmental conditions, such as preventing litter, minimizing erosion, improving air and water quality, screening visual blight, conserving energy, conserving water, and storing carbon? 6. Right plant right place: is the project Florida Friendly as defined in Section 373.185, F.S., and required in Section 335.167, F.S.? 7. Emphasis on low maintenance and water conservation: will the plants grow strong and live long without extra ordinary care? 8. Waste reduction: does the project include recycled, reused, and reclaimed materials to the greatest extent feasible? 9. Forethought and planning: does the project contribute to a documented area wide or regional beautification plan? 10. Value to the community: will the grant make a meaningful difference aesthetically, economically, and to the quality of life in the community? (b) The Council will assign a numerical score to each application by: 1. Reviewing each grant application and assigning a numerical score using the established range of 0 to 10 points for each attribute for a total possible score of 100 points. 2. Totaling all the attribute scores for a total application numerical score. (c) Grant applications will be ranked in priority by numerical score, the highest numerical score being ranked the highest priority. (3) The Council will provide the Department Secretary with a list ofyrioritized grant applications, with recommended funding levels, and conditions for grant awards. , Specific Authority 339.2405 FS. Law Implemented 339.2405 F�f a dory -New 3-9-99, Amended 11-22- 01, 3-20-03, 8-10-03, 12-23-03, 12-24-08, 14-40.023 Funding, Construction, and Maintenance, (1) Award of Grants. a l� (a) The Secretary will award grants in the order the accordance with available funding. Each grant will 641 Department's beautification grants budget. (b) Official notice of each grant award Wiij he made by named in the grant application. t q`tL A � (c) To accept a grant, an applicant must sehtl plettpf pf Coordinator within 15 days from the date of roccvipt�61', (d) Funds will be released by,ttlpipgartment vogn, agr per plans approved by theAa by the Department, and r is for g (e) All funding of grants is &, tntingen (2) Execution of Agreements.k qML; f, (a) Agreements lqsWtlftpd,.with thp6gi acceptance 4.4d meet thz;lre remenl required agrgments will resft (tip. the applicant who fails to comply wittlr (b) The agreemeriis),between thep 1. The intended use 4 the grant, as'ifl 2. The payment terms fdr',the grant on the Council' ggioritized list and in d to a maximum of 10% of the total by electromcanall to the applicant electronic mail to the Grant the project is constructed as is written final acceptance J by the Department. �xecd dawithin one year from date of the letter of 1�7j&003(3)(c), F.A.C. Failure to execute the beinj withdrawn. Future grant applications from an will not be accepted for a period of two fiscal years. the Department must state: the grant application. Jump sum reimbursement or progress payments for long term work). A 3. Any actions which the De aft + will take in the event of noncompliance by the applicant. 4. The methods to be used by to epartment to determine compliance with the terms of the agreement. (c) The individual(s) who sign the agreements on behalf of the grant applicant, or the grant applicant's designee, shall certify that the project is implemented as specified in the agreements, and shall provide a certification of completion before the final invoices are submitted for the project. Specific Authority 339.2405 FS. Law Implemented 339.2405 FS. History New 3-20-03, Amended 8-10- 03, 12-24-08, FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of DATE , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the "DEPARTMENT" and the LOCAL GOVERNMENTAL ENTITY , a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road _HWY#_ as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the unpaved areas within the right of way of State Road HWY# ; and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY and has, through the Florida Highway Beautification Council, awarded AGENCY a beautification grant for installing such landscaping; and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designating and setting forth the responsibilities of each party; and WHEREAS, AGENCY, by Resolution No. ### , dated DATE , and attached hereto as Exhibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE, for and in con ration Ne mutual benefits to flow each to the oth�r, the parties covenant and agree as follows: /6- I The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s) included as Exhibit `B." Such installation shall be pursuant to Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Maintenance Plan(s) included as Exhibit "C", and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plan(s) included as Exhibit "D", and Rule 14-40.003, Florida Administrative Code. 4. If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a. If installation is not completed pursuant to the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. b. If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of paragraph 8 of this AGREEMENT, the DEPARTMENT will pay the AGENCY the amount of $ XX.XX1' 00 as a grant pursuant to Section 339.2405(l 1), Florida Statutes. For purposes of this provision, the cost of such installation may only include costs which are allowed by Section 339.2405(l 1), Florida Statutes. 8. Payment shall be made to the AGENCY by the DEPARTMENT under the following conditions. a. This AGREEMENT has not been terminated pursuant paragraph 4. b. The grant award has not lapsed pursuant to paragraph 11. C. Written certification of the completion of the installation and acceptance by the AGENCY is provided to the DEPARTMENT. d. The Highway Beautification Council has inspected and issued written approval of the work or has issued a written waiver of its inspection rights pursuant to this AGREEMENT. e. A DEPARTMENT Landscape Architect has inspected the work and has issued a written determination that the AGENCY has completed the installation of the landscaping pursuant to the terms of this AGREEMENT. Payment under paragraph 8 of this AGREEMENT is also subject to the following conditions. a. Proof of receipt and approval of goods and services must be available upon request by the DEPARTMENT or the State Comptroller pursuant to Section 215.42, Florida Statutes. b. Bills for fees or other compensation for services or expenses that are recovered pursuant to this AGREEMENT shall contain detail sufficient for a proper preaudit or postaudit thereof. Records of costs incurred under the terms of this AGREEMENT shall be maintained by the AGENCY 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 shall be provided to the DEPARTMENT upon request. Records of the costs incurred include the AGENCY'S general accounting records, together with supporting documents and records of _LOCAL GOVERNMENTAL ENTITY_ and all subcontractors performing work, and all other records considered necessary by the DEPARTMENT for a proper audit of costs. 10. The administration of funds awarded by the DEPARTMENT to the AGENCY may be subject to audits and/or monitoring by the DEPARTMENT as described in this section. a. In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this AGREEMENT, the AGENCY agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope or project -specific audit of the AGENCY is appropriate, the AGENCY agrees to comply with any additional instructions provided by the DEPARTMENT to the AGENCY regarding such audit. The AGENCY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. b. In the event that the AGENCY expends a total amount of State awards (i.e., State financial assistance provided to the AGENCY to carry out a State project) equal to or in excess of $300,000 in the AGENCY's fiscal year, the AGENCY must have the State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapters 10.550 and 10.650, rules of the Auditor General. Paragraph 7 to this AGREEMENT indicates State funds awarded through the DEPARTMENT by this AGREEMENT. In determining the State awards expended in its fiscal year, the AGENCY shall consider all sources of State awards, including State funds received from the DEPARTMENT, except that State awards received by a non -State entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in paragraph 10.c. above, the AGENCY shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General. d. If the AGENCY expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the AGENCY expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from the AGENCY's funds obtained from other than State entities). Copies of the financial reporting packages required by paragraph 10 of this AGREEMENT shall be submitted by or on behalf of the AGENCY directly to each of the following: FDOT District Highway Beautification Council Grant Coordinator District Office Address (include the internet address) State of Florida Auditor General Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this AGREEMENT shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General, as applicable. When submitting financial reporting package to the DEPARTMENT for audits, AGENCY should indicate the date that the financial reporting package is delivered to the DEPARTMENT in correspondence accompanying the financial reporting package. 11. The beautification grant awarded pursuant to this AGREEMENT shall be effective and continue for a period of one (1) year from the date of this AGREEMENT. 12. The term of this AGREEMENT commences upon execution. 13. The AGENCY 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 AGENCY, its agents, or employees, during the performance of the AGREEMENT, except that neither the AGENCY, its agents, nor its employees will be liable pursuant to 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. 14. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this AGREEMENT, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report their findings to each other within seven 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 AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENT's failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs 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 costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 15. 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. 16. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 17. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. 4 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. By: LOCAL GOVERNMENTAL ENTITY STATE OF FLORIDA (AGENCY) DEPARTMENT OF TRANSPORTATION Mayor or Chairman Attest: (SEAL) Clerk/Director Legal Approval By: District Secretary Attest: (SEAL) Executive Secretary Legal Approval ,XAMPLF, Catalog of State Financial Assistance (CSFA) Number - 55003 CSFA Title - Florida Highway Beautification Council Object Code — 750003 Category - 088850 1D14'.113Yow.1 i RESOLUTIONBYLOCAL GOVERNMENTAL ENTITYACCEPTING GRANT, AND A UTHORIZING ITS OFFICERS TO EXECUTE THIS AGREEMENT ON ITS BEHALF ]EXAMPLE EXHIBIT "B" LANDSCAPE PLANAPPROVED BY DISTRICT LANDSCAPE ARCHITECT EXAMPLE EXHIBIT "C" LANDSCAPE MAINTENANCE PLANAPPROVED BYDISTRICT LANDSCAPE ARCHITECT EXAMPLE Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 650-050-10 FLORIDA HIGHWAY BEAUTIFICATION COUNCIL PRODUCTION SUPPORT 05/15 GRANT APPLICATION GENERAL INSTRUCTIONS: Statutory requirements for the Florida Highway Beautification Council Grant Program are found in Section 339.2405, Florida Statutes. Within Rule Chapter 14-40, Florida Administrative Code, are sections dealing with the grant application process, grant award process, and funding, construction, and maintenance of beautification projects. These documents and other helpful information can be reviewed on Florida's Highway Beautification Programs website, http://www.dot.state.fl.us/proaectmanagementoffice/highwaybeautification/ When a decision is made to apply for a Florida Highway Beautification Council Grant, please immediately notify the District Highway Beautification Council Grant Coordinator (Grant Coordinator). A directory of Grant Coordinators is posted on the program website. The Grant Coordinator will provide guidance, and help ensure that no other Department projects are in conflict with the grant project. Grant applications for landscape projects in conflict with other Department projects will not be accepted. Please complete all items in this application. This form includes a three tab Excel spreadsheet that can be found on the Florida Department of Transportation website. Attached sketches, photographs, conceptual plans, maps, narratives, and spreadsheets must be bound, and be no larger than 11 x 17 inches. Any pages larger than 8 % x 11 inches must be folded. Maximum number of pages for the application is 15; excluding plans, resolutions, and letters of support. To be eligible for a grant, ten (10) paper copies and a digital copy of the completed application form and other project information included in supporting documents must be received by the Grant Coordinator by the end of business on October 1. Late or incomplete applications, or any addendums or changes will not be accepted. Please retain a file with at least one copy with original signatures of all submitted documents. Questions should be directed to the Grant Coordinator. ATTRIBUTES: The Council will evaluate the application based on the following attributes: 1. Aesthetic Value: Describe how the project will enhance the beauty of the project location. 2. Level of Local Support: Describe how the community is making a meaningful investment in the project as evidenced by letters, local press coverage, local volunteer labor, local business participation, and level of match. 3. Cost effectiveness: Describe how the quality and cost of the materials and labor is an efficient use of grant funding. 4. Feasibility of Installation and Maintenance: Describe how the materials and methods of construction and maintenance (including water and irrigation) are compatible with roadway safety and operation, and document the ability and commitment of the maintaining agency. 5. Environmental Benefits: Describe how the project and proposed level of maintenance improve environmental conditions, such as preventing litter, minimizing erosion, reducing stormwater runoff, improving air and water quality, screening visual blight, conserving energy, conserving water, and sequestering carbon. 6. Right Plant Right Place: Describe how this project meets the requirements of Florida Friendly Landscaping as defined in Section 373.185, F.S. and required in Section 335.167, F.S.. 7. Emphasis on Low Maintenance and Water Conservation: Describe how the plants will grow strong and live long without extraordinary care. 8. Waste Reduction: Describe how the project utilizes recycled, reused, and reclaimed materials to the greatest extent feasible. 9. Forethought and Planning: Describe how the project contributes to a documented area wide or regional beautification plan. 10. Value to the Community: Describe how the grant will make a meaningful difference aesthetically, economically, and to quality of life in the community. PROJECT INFORMATION: Provide with the following supporting documents. • Location map • Photographs of existing conditions • One page written project narrative • Written or graphic conceptual plan (in accordance with Rule Chapter 14-40, F.A.C.) • One paragraph description of each evaluation attribute • Photographs or sketches of examples of proposed improvements • Estimated project budget (complete all three tabs on the accompanying Excel spreadsheet) • Anticipated maintenance activities and schedule • Anticipated means of providing supplemental water • Anticipated project schedule • Required resolution(s) THIS PAGE OF THE APPLICATION FORM IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE SUBMITTED. Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT APPLICATION 650-050-10 PRODUCTION SUPPORT 05/15 Page 1 of 3 APPLICANT INFORMATION: Applicant Name (Local Government Entity as defined in Section 11.45, F.S. or a local highway beautification council as established in accordance with Section 339.2405(9), F.S.): Federal Employer Identification (FEI) Number of Applicant: Contact Name: Position or Title: Address: Phone #: Email: Participating Organization(s): This application is for a grant in current fiscal year: (e.g., 2014-2015) PROJECT SUMMARY: County: U.S./S.R.#: City: Local Name: Length of Project: (Miles or Feet) From To (Must indicate mileposts and visible landmarks, i.e. intersections) (Must indicate mileposts and visible landmarks, i.e. intersections) GRANT SUMMARY (based on Tab 1 of accompanying spreadsheet): Amount requested: $ Applicant's match: $ Estimated Total Project Cost: $ Rule 14-40.020 F.A.C. 650-050-10 PRODUCTION SUPPORT 05/15 Page 2 of 3 APPLICANT ASSURANCES: The person preparing this Application should initial each of the following to indicate that the Application is complete. All existing agreements between applicant and Department are in good standing. Resolution: The applicant's governing body (local government entity, as defined in Section 11.45, F.S.) must have passed a resolution or resolutions approving the grant application and authorizing the individual who signs the grant application for the applicant to execute agreements and documents associated with the grant and maintenance of the landscape project. A copy of such resolution or resolutions must be included with the application. The Application is being transmitted to the District Highway Beautification Council Grant Coordinator having jurisdiction of the state highway on which the beautification project is proposed. All Project Information listed on page one of the application is attached to this form. The Project will meet all the Department of Transportation requirements pursuant to Rule 14- 40.003. The local governing body understands the attributes (listed in the last section of this form) to be used by the Florida Highway Beautification Council to prioritize all projects, and has addressed each attribute to the maximum extent possible. The Application, not including plans, resolutions and letters of support, is 15 pages or less. PREVIOUS GRANTS: During the past ten (10) years, in what years has the Applicant received a grant from the Florida Highway Beautification Council? The undersigned hereby certifies that all requirements of the grant program are understood, and that all information provided with this grant application is true and correct, and represents the desires of the local government entity where the project will be installed. Signature: Position/Title: Date: END OF APPLICANT SECTION Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 650-050-10 FLORIDA HIGHWAY BEAUTIFICATION COUNCIL PRODUCTION SUPPORT 05/15 GRANT APPLICATION Page 3of3 THIS SECTION TO BE COMPLETED BY FDOT DISTRICT HIGHWAY BEAUTIFICATION COUNCIL GRANT COORDINATOR. Is the applicant a local government entity, as defined in Section 11.45, F.S., or a local highway beautification council established in accordance with Section 339.2405(9), F.S.? Yes No If Grants have been received during the past ten (10) years, are the projects being satisfactorily maintained according to the terms of agreements? Yes No Comments: As District Highway Beautification Council Grant Coordinator I certify that the application was received from an eligible applicant on or before the October 1 application deadline, and to the best of my knowledge, the application meets all of the requirements of Rule 14-40.020, Florida Administrative Code. Signature of Grant Coordinator Date Within ten (10) working days after October 1, the Grant Coordinator shall send eight copies of the complete application to: State Transportation Landscape Architect Florida Department of Transportation 605 Suwannee Street, MS 40 Tallahassee, FL 32399 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and WHEREAS, the City Commission of the City of Delray Beach beautify and improve various rights of way by landscaping within the City of Delray Beach ; and WHEREAS, the City Commission of the City of Delray Beach wish to authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Delray Beach and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach hereby authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Delray Beach and the Florida Department of Transportation. Section 2. The City Clerk of City of Delray Beach is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Commission. PASSED AND ADOPTED by the City Commission of the City of Delray Beach at regular meeting assembled this 3rd day of September 2015. ATTEST: City Clerk MAYOR RESOLUTION NO. 54-15 Coversheet TO: Mayor and City Commissioners FROM: Randal Krejcarek, Director Environmental Services John Morgan, Sustainability Officer THROUGH: Donald B. Cooper, City Manager DATE: August 5, 2015 Page 1 of 2 SUBJECT: AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 54-15/ FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT BACKGROUND The Highway Beautification Grant Program is a statewide competitive program dedicated to the beautification of Florida highways as denoted in Chapter 339.2405, Florida Statutes. The Legislature has authorized $1,017,000 statewide for the 2015-2016 fiscal year. The Florida Highway Beautification Council may award a grant up to $101,700 for projects that beautify the State Highway System through landscaping. The grant can fund 100% of project costs; however, the Florida Department of Transportation (FDOT) strongly recommends that a local match of services in kind and/or dollars be offered to help achieve a high ranking and successfully compete for the funds. Grant applications must be for roads on the State Highway System. The eligible roads in Delray Beach are A1A, Federal Highway, and Atlantic Avenue. The sections of these roads that have FDOT projects underway or imminent are not eligible for grant funding. The deadline for grant application submissions is 5:00 p.m. on October 1, 2015. The complete grant application requirements are described in Rule Chapter 14-40, Florida Administrative Code. The Rule is being amended and applicants and applications must adhere to the requirements found in the DRAFT Rule. The applications will be reviewed, ranked, and awarded at the Annual Ranking Meeting of the Florida Highway Beautification Council in January 2016. Applications are evaluated base on the following attributes: (1) aesthetic value, (2) level of local support, (3) cost effectiveness, (4) feasibility of installation and maintenance, (5) environmental benefits, (6) right plant right place, (7) emphasis on low maintenance and water conservation, (8) waste reduction, (9) forethought and planning, and (10) value to the community. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=9448&MeetingID=575 10/1/2015 Coversheet DISCUSSION Page 2 of 2 The purpose of Resolution No. 54-15 is to authorize the City Manager to apply for a Florida Highway Beautification Council Grant and enter into all necessary agreements should the project be selected by the Florida Highway Beautification Council. Adoption of the resolution is a prerequisite for the grant application. City staff is currently working with FDOT District IV to identify an acceptable corridor project(s) for the upcoming grant application cycle. TIMING OF THE REQUEST The deadline for grant application submissions is 5:00 p.m. on October 1, 2015. RECOMMENDATION By motion, adopt Resolution No. 54-15 authorizing the City Manager to apply for a Florida Highway Beautification Council Grant and enter into all necessary agreements should the project be selected by the Florida Highway Beautification Council. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=9448&MeetingID=575 10/1/2015