Res 40-07! \.
RESOLUTION N0.40-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A
PORTION OF I-95 (SR 9) LOCATED WITHIN -THE CITY OF
DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the appropriate City officials of the Ciry of Delray Beach are
authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with
the State of Florida Department of Transportation, for maintenance by the Ciry of a portion
of I-95 (SR 9), a copy of which Agreement in substantial form as Exhibit "A", is attached.
The City Manager and City Attorney are authorized to make minor revisions to such
Agreement as are deemed necessary and proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. 'That this Resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED in regular session on this 10'~ day of ~, 2007.
~~C~.~
MAYOR
ATTEST:
~~~ \V ~
Ciry Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: TIMOTHY TACK, PROJECT MANAGER, ESD/CRA
THROUGH: CITY MANAGER
DATE: JULY 3, 2007
SUBJECT: AGENDA ITEM # C) • ~t~ -REGULAR MEETING OF JULY 10.2007
SUNSHINE PARK MAINTENANCE MEMORANDUM OF AGREEMENT
(MMOA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION
~FDOT) CITY PROJECT # 200?-040
ITEM BEFORE COMMISSION
Request for Commission approvaUauthorization for Mayor to execute Maintenance
Memorandum of Agreement with the Florida Department of Transportation (FOOT)
for the maintenance of landscaping along the east side of the I-95 wall abutting
Sunshine Park.
BACKGROUND
The work is for the construction of a pocket park at 200 SW 15th Avenue, Delray
Beach, Florida. This project generally consists of the following: grading, landscaping,
irrigation, lighting and sidewalk. Part of the landscaping is in the FOOT Right of
Way, and therefore FOOT requires a MMOA with the City of Delray Beach.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of the Sunshine Park Maintenance Memorandum of Agreement
with the Florida Department of Transportation (FOOT) subject to the addition of
language stating that the City shall indemnify FOOT in amounts not to exceed those
set forth in Florida Statute 768.28.
Enc
Cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Carolanne Kucmerowsld CMT (originals)
City Clerk
Project File
Agenda File
U:lwwdatalagendaWgenda Info. 7.10.OT2007 Agenda Memo Sunshine FINAL.doc
RESOLUTION NO. 40-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A
PORTION OF I-95 (SR 9) LOCATED WITHIN THE CITY OF
DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the appropriate City officials of the City of Delray Beach are
authorized to execute a Maintenance Memorandum of Agreement on behalf of the City with
the State of Florida Department of Transportation, for maintenance by the City of a portion
of I-95 (SR 9), a copy of which Agreement in substantial form as Exhibit "A", is attached.
The City Manager and City Attorney are authorized to make minor revisions to such
Agreement as are deemed necessary and proper for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED in regular session on this day of
2007.
MAYOR
ATTEST:
City Clerk
A T L A N T I C A V E N U E
~ I I
~~ , i
w
-- >
Q ¢ Q d
p~ ~
~ ~
- Q
~/
c~- S. W. 1ST S T,
o ~
0
~, ~
a ~` ``
o ~ -
Ci ~
i
0
o _ ._.__ ~_ _._...._
N
C
O
v
S.W. 2ND ST.
~.
I
° - 1
Q `
b 3 ~ ~ ~ ~
0
_ _
a ~'
r
0
r ~ --°-
w in
z
w
z
~ S. W.
Z -
~ a I
S ~
y ~ ~ 1
.~, 3RD C'T.
O j
S CITY of DELRAY BEACH SUNSHINE NEIGHBORHOOD PARK DATE:07/03/2007
ENVFIONMENTAL 9ERWCE3 DEPAfCTMENT LOCATION MAP 'Q100°~`
j ~ 8OUTM 9WNTON avH~, O~RAY BEIaCF~ F~Ot~A 93H4 2007-040 ~ OF
ui
0
v
m
a
°~
d
0
z
0
a
0
¢_ ~
~z' u
~~ V
a~~a
at' ~~
___r-_
~ ~~
~~x
~~~
~~
~~
E~p~
3F
g
~~~
$S~
~¢¢~
~~ 8
8,
~$~
{i
€€!$~
~~
~~.
~~~
~~~
8
~~
w ~
~L
o
g~~
~~~
~~
~~
~a~
~£
58~
~~
~~
SECTION NO.:
FM NO.(s):
COUNTY:
S.R NO.:
DISTRICT FOUR {4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this dayof 20_,by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State ofFlorida, hereinafter called the DEPARTMENT and the (IlVSERT
TOWN OR COUNTYj, 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 (NAME OF ROAD) as part of the
State Highway System; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain the highway facility as described in Exhibit A attached hereto and
incorporated by reference herein, within the corporate limits (or unincorporated if County) of the
AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside the travel way to the f way line, excluding standard
concrete sidewalk, shall be maintained by periodic mweeding, mowing, fertilizing,
litter pick-up, necessary replanting, irrigation r ncrete replacements as needed;
and
WHEREAS, the parties hereto ize the need for entering into an Agreement
designating and setting forth the responsi es of each party; and
WHEREAS, the AGENCY'by Resolution No. dated , 20
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation
and/or landscape lighting (including meter) on the highway facilities as specified in plans and
specifications hereinafter referred to as the Project and incorporated herein as Exhibit B.
2. The AGENCY agrees to maintain the improvements within the medians and areas outside
the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing,
curb and sidewalk edging, litter pickup and necessary replanting, following the
DEPARTMENT'S landscape safety and plant care gwidelines. The AGENCY'S
responsibility for maintenance shall include all landscaped/turfed areas within the median
and areas within the travel way to the right of way line, including landscape lighting
(including meter).
Such maintenance to be provided by the AGENCY is specifically set out as follows:
Ta maintain, which means the proper watering and fertilization of ail plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants which includes: (1 }removing dead or diseased parts of plants, or (2)
pruning such parts thereof which present a visual hazard for those using the roadway. Ta
maintain also means removing or replacing dead or diseased plants in their entirety, or
removing or replacing those that fall below original Project standards. All plants removed
for whatever reason shall be replaced by plants of the same size and grade as specified in the
original plans and specifications. To maintain also means to keep the landscape lighting in
working order and keeping it from disrepair so as to not cause a safety hazard. Ta maintain
also means to keep litter removed from the median and areas outside the travel way to the
right of way line. Plants shall be those items which would be scientifically classified as plants
and include but are not limited to trees, grass, or shrubs.
If it becomes necessary to provide utilities to the median or side areas (water/electricity) for
these improvements, all costs associated with irrigation maintenance, impact fees and
connections aswell as an-going cost of water are the maintaining AGENCY'S
responsibility.
The above named functions to be performed by the AGENCY, maybe subject to periodic
inspections by the DEPARTMENT at the discrerion of the DEPARTMENT. Such
inspection findings will be shared with the AGENCY and shall be the basis of all decisions
regarding, repayment, reworking or agreement termination. The AGENCY shall not change
ar deviate from said plans without written approval of the DEPARTMENT.
3. If at any time a$er the AGENCY has assumed the unprovements and/or maintenance
responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S
District Secretary that the limits or a part thereof is not properly maintained pursuant to the
terms of this Agreement, said District Secretary may at his option 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) Maintain the improvement's or a part thereof, with DEPARTMENT or contractor's
personnel and invoice the AGENCY for expenses incurred, or
2
(b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscape/hardscape installed under this Agreement or any preceding agreements
except as to trees and palms and charge the AGENCY the reasonable cost of such
removal.
4. It is understood between the parties hereto that the improvements covered by this Agreement
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 future criteria or planning of the DEPARTMENT. The AGENCY
shall be given sixty (6Q} calendar days notice to remove said landscape after which time the
DEPARTMENT may remove same. All permits (including tree permits), fees, and any
mitigation associated with the removal, relocation or adjustments of these improvements are
the maintaining AGENCY'S responsibility.
5. The DEPARTMENT agrees to enter into a contract for the installation of landscape Project
for an amount not to exceed $ as defined in Exhibit C.
The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited
to only those items which are directlyrelated to this Project. The AGENCY shall be invited
to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day
warranty and establishment period.
6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the
Project, should the improvements areas fail to be maintained in accordance with the terms
and conditions of this Agreement.
7. This Agreement may be terminated under anyone {i) of the following conditions:
(a} By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph
3, following ten (10} days written notice.
(b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions ofChapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
8. The term of this Agreement commcnces upon execution.
9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
DEPARTMENT, its officers and employees from all suits, actions, claims and liability
arising out of the AGENCY'S negligent performance of the work under this agreement, or
due to the failure of the AGENCY to maintain the Project in conformance with the standards
described in Section 2 of this Agreement.
3
10. The AGENCY mayconstructadditional landscape/hardscape within the limits oftherights-
of--ways identified as a result of this document, subject to the following conditions:
(a) flans for any new improvements shall be subject to approval by the
DEPARTMENT. The AGENCY shall nat change or deviate from said plans
without written approval by the DEPARTMENT.
(b) All improvements shall be developed and implemented in accordance with
appropriate state safety and road design standazds;
(c) The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscape installed;
(d) No change will be made in the payment terms established under item number five (5)
of this Agreement due to any increase in cast to the DEPARTMENT resulting from
the installation of landscape added under this pazagraph.
11. This writing embodies the entire Agreement and understanding between the parties hereto
and therc are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and vaid, and no moneymay be
paid on such contract. The DEPARTMENT shall require a statement from the Comptroller
of the DEPARTMENT that funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one (i) year, but any contract sa made shall be executory
only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and which have a term for a period of more than 1 year.
13. 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.
14. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
4
15. 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 contract and Florida law, the
laws of Florida shall prevail.
16. Any and all notices given or required under this agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
If to the Department: If to the Agency: (INSERT CONTACT
State of Florida Department of Transportation PERSON)
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309-3421
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
AGENCY
By:
Att (SEAL)
Clerk
STATE OF FLORfDA
DEPARTMENT OF TRANSPORTATION
By:
Transportation Development Director
Attest: (SEAL)
Executive Secretary
Approval as to Form Date Approval as to Form Date
SECTION NO.:
FM NO.(s}:
COUNTY:
S.R. NO.:
EXHIBIT A
PR03ECT LOCATION:
(NAME OF ROAD) from to
SECTION NO.:
FM NO.(s):
COUNTY:
S.R NO.:
EXHIBIT B
The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans
and specifications attached hereto and incorporated herein.
Please see attached plans prepared by
Dated
7
SECTION NO.:
FM NO.(s):
COUNTY:
S.R NO.:
EXHIBIT C
PROJECT COST
This Exhibit forms an integral part of the DISTRICT FC}UR (4) HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT between the State of Florida, Department of
Transportation and the AGENCY.
Dated
I. APPROXIMATE PROJECT COST: $
8