93-39 v RESOLUTION NO. 93- 39
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING
THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR THE CITY TO MAINTAIN CERTAIN PORTIONS
OF ATLANTIC BOULEVARD AND MAYPORT ROAD, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach desires to enter into an
agreement with the State of Florida, Department of Transportation,
for the City to maintain certain portions of Atlantic Boulevard and
Mayport Road in exchange for payment from the State of Florida,
Department of Transportation, to the City, and
WHEREAS, the City desires to authorize the Mayor and City
Manager to execute such an agreement with the State of Florida,
Department of Transportation, a copy of which is attached hereto.
NOW THEREFORE, be it resolved by the City Commission of the
City of Atlantic Beach as follows:
SECTION 1. The proposed Agreement for Maintenance between the
City of Atlantic Beach and the State of Florida, Department of
Transportation, a copy of which is attached hereto, is approved.
SECTION 2 . The Mayor and City Manager, and other officers of
the City as are necessary, are authorized to execute said Agreement
for Maintenance on behalf of the City of Atlantic Beach.
SECTION 3 . This Resolution shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission this 27th of September,
1993 .
ATTEST:
tl
/-1 '. , I.%
MAUREEN KING W=' i 7P"G1 'LIFIr.? JR
City Clerk Mayor, Presiding 4 i cer
Approved as to form and correctness:
-AN C. JE► , ESQUIRE
City Atto -y
-0 AGREEMENT FOR MAINTENANCE
4. THIS AGREEMENT, made and entered into this day of
1993 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component Agency of the State of Florida, hereinafter called the "DEPARTMENT" and
AT-49r/L 6E/kg , hereinafter called "CITY" .
WITNESSETH:
WHEREAS, as part of its maintenance responsibilities for the STATE OF FLORIDA
HIGHWAY SYSTEM, the DEPARTMENT has been maintaining the existing limits of the
state highways identified in Attachment "A" and made a part hereof, and
WHEREAS, the CITY desires to maintain portions of the state roads identified
in Attachment "A" in order to improve the aesthetic appearance of the CITY and
WHEREAS, the entire lengths of the above-mentioned state highways are within
or adjacent to the corporate limits of the CITY; and
WHEREAS, the CITY, by Resolution No. 613-3(3 dated
9 'i""'��J c2-� , 19,
, attached hereto and 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 each to flow
to the other, the parties covenant and agree as follows:
1. The CITY, shall appoint a representative for the administration of this
Agreement. The CITY representative will be the "contact" for the local
Maintenance Engineer and/or his representative concerning all aspects of this
Agreement, includingcommunications with the
public and/or political officials.
The CITY shall be responsible for maintenance of all landscaped and/or turfed
areas within DEPARTMENT right-of-way having limits described in writing by both
parties. The CITY shall be responsible for the maintenance of traffic during all
operations covered by this Agreement, in accordance with Part VI of the Manual on
Uniform Traffic Control Devices and the current Roadway and Bridge Design
Standards and any other applicable standards. For the purpose of this agreement
or as noted in Attachment "A" the locations to be maintained by the CITY shall be
maintained to a minimum standard so as to meet the Maintenance Rating Program's
(MRP) desired rating of 80. Should any item of maintenance fall below the desired
rating the CITY agrees to immediately concentrate efforts and to bring the
deficient item up to a minimum MRP rating of 80. The CITY will not be responsible
for a below 80 rating if the cause and effect is not due to neglect by the CITY.
2 . The CITY shall accomplish the following during the term of this
Agreement:
A. Routinely mow, cut and/or trim the grass or turf (includes total
greenscape) in accordance with State of Florida "Guide for Roadside
Mowing" (` and any amendments thereto.
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B• Properly prune all plants which includes:
(1) Routinely trimming trees
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(2) Routinely pruning such parts thereof which may present a
visual or other safety hazard for those using or intending to
use the right of way
C. Routinely remove dead, diseased or otherwise deteriorated plants.
D. Routinely keep litter removed from the right-of-way.
E. Routinely remove and dispose of all trimmings, roots, litter, etc.
resulting from the activities described herein.
F. Routinely edge and sweep any excess grass from sidewalks, curbs and
gutters.
G. Routinely sweep roadways, curbs and gutters, valley gutters,
intersections and barrier wall gutters.
3 . The CITY and the DEPARTMENT shall be responsible jointly for clean-up,
removal and disposal of debris from DEPARTMENT right of way described by
Attachment "A", or subsequent amended limits mutually agreed to in writing by both
parties, following a natural disaster (i.e. hurricane, tornadoes, etc. ) .
4. To the extent permitted by law, the CITY covenants and agrees that it
will indemnify and hold harmless DEPARTMENT and all of DEPARTMENT'S officers,
agents and employees;" from any claim, loss, damage, cost or charge of expense
arising out of any act, action, neglect or omission byCITY during the performance
of this agreement, whether direct or indirect, and whether to any person or
property to which DEPARTMENT or said parties may be subject, except that neither
CITY nor any of its agents or contractors will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or
resulting from the sole negligence of DEPARTMENT or any of its officers, agents or
employees.
5 . If, at any time while the terms of this agreement are in effect, it
shall come to the attention of the DEPARTMENT'S local Maintenance Engineer that
the CITY responsibility as established herein is not being properly accomplished
pursuant to the terms of this Agreement, said local Maintenance Engineer may at
his/her option issue a verbal and/or a written notice to the designated CITY
representative to place said CITY on notice of any deficiency. Thereafter the
CITY shall have a reasonable period of time, as determined by the
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Maintenance Engineer or his designated representative to correct the cited
deficiency or deficiencies. If said deficiency or deficiencies are not corrected
within this time period the DEPARTMENT may at its option, proceed as follows:
Maintain the area declared deficient. The actual cost
for such work will be deducted from payment to the CITY or
B. Terminate this Agreement.
6. It is understood between the parties that the landscaping covered
by this Agreement may be removed, relocated or adjusted at any time in the future
as found necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered or otherwise changed and maintained to meet the future criteria
or planning of the DEPARTMENT.
7. The DEPARTMENT agrees to pay to the CITY quarterly (each three month
period following a notice to proceed) compensation for the cost of maintenance as
described under items (2) A through (2) G of this Agreement. The lump sum payment
will be in the amount of $ 4(c30 per quarter for a total sum of
$ I —(-)(—) per year. In the event this Agreement is terminated as
established by items five (5) or eight (8) herein, payment will be prorated for
the quarter in which termination occurs.
8 . This Agreement or part thereof is subject to termination under any one
of the following conditions:
A. In the event the DEPARTMENT exercises the option identified by item
five (5) of this Agreement.
B. As mutually agreed to by both parties upon thirty (30) days written
notice.
9. The terms of this Agreement commence on the date a written notice to
proceed is issued to the CITY by the DEPARTMENT'S District Maintenance Engineer
and continues for a period of three '(3) years. It is understood that, at the end
of the initial three (3) year period, this Agreement may be renewed for no more
than two (2) one (1) year renewal periods. Renewals shall be made at the
discretion and option of the DEPARTMENT and agreed to in writing by the CITY.
10. In the event this Agreement extends beyond the DEPARTMENT'S current
fiscal year, the CITY and DEPARTMENT mutually agree that performance and payment
during subsequent fiscal periods is contingent upon funds being appropriated,
allocated, or otherwise made available by the legislature.
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Therefore, Section 334.21 (8) (a) , Florida Statutes is applicable to this
agreement which states as follows: - 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 fiscalyear.
Any contract, verbal or
written, made in violation of this subsection shall be null and void, and no money
shall be paid thereon. 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 a period exceeding one (1) year, but any
contract so made shall be executoryonly for the succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT in
excess of $25, 000. 00 and having a term for a period of more than one (1) year.
11. The CITY may construct additional landscaping within the limits of the
rights-of-way identified as a result of this document, subject to the following
conditions:
A. Plans for any new landscaping shall be subject to approval by the
Department's local maintenance engineer. The CITY shall not change or
deviate from said plans without written approval from the Maintenance
Engineer.
B. All landscaping shall be developed and implemented in accordance
with appropriate state safety and road design standards.
C. All requirements and terms established by this Agreement shall also
apply to any additional landscaping installed under this 'item.
D. The CITY agrees to complete, execute and comply with the
requirements of the DEPARTMENT'S standard permitting Memorandum of
Agreement.
E. No change will be made in the payment terms established under item
number seven (7) of this Agreement due to any increase in cost to the
CITY resulting from the installation and maintenance of landscaping
added under this item.
F. Termination of this Agreement as provided in paragraph eight (8)
above, shall not be construed so as to relieve the CITY of its
responsibilities incurred by any other Agreement between the CITY and
the DEPARTMENT entered into pursuant to paragraph eleven (11) above.
12 .This writing 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.
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13. This Agreement is nontransferable and nonassignable in whole or in part
without the written consent of the DEPARTMENT.
14 . This Agreement, shall be governed by, and construed according to the laws
of the State of Florida.
15. Contractual Services
In the event this contract is for a contractual service as defined by
Section 287.012, Florida Statutes, the following provisions shall also apply
pursuant to the requirements of Section 287.058, Florida Statutes :
(1) The Contractor shall allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Contractor in conjunction with this
contract. Failure by the Contractor to grant such public access shall be grounds
for immediate cancellation of this contract by the Department.
(2) Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof, and
bills for travel expenses specifically authorized by this contract shall be
submitted and paid in accordance with the rates specified in Section 112 . 061,
Florida Statutes .
A Vendor Ombudsman has• been established with the Department of Banking and
Finance. The duties of this individual include acting as an advocate for
contractors/vendors who may be experiencing problems in obtaining timely
payment (s) from a state agency. The Vendor Ombudsman may be contacted at
(904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792 .
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s
IN WITNESS WHEREOF the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
_ BY:
CITY KIM D. LEINBACH DISTRICT SECRETARY
CITY MANAGER
APPROVED AS TO FORM AND LEGALITY:
ATTORNEY
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AttachmentA
CITY OF ATLANTIC BEACH
PROPOSED MAINTENANCE ACTIVITIES
ACTIVITIES:
Litter Removal
Mowing
Street Sweeping
Edging and Sweeping
Tree Trimming and Removal
STATE ROAD NUMBER LIMITS
S . R . 10 (Atlantic Blvd . ) From east end of
Intercoastal Bridge to
3rd Street
S . R . 101/A1A (Mayport Road) From Atlantic Blvd . to
Assisi Road