Agenda Item 8EAGENDA ITEM # 8E
OCTOBER 24, 201 I
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Responsibility for Maintenance of Atlantic Blvd. Medians
SUBMITTED BY: Jim Hanson, City Mana
DATE: October 12, 2011
BACKGROUND: At a recent City Commission meeting, staff was asked for a report on the
cost to maintain the medians on Atlantic Boulevard. The question was
raised in the context of determining if the City of Neptune Beach should
be sharing in the cost of that maintenance.
The City of Atlantic Beach's cost to maintain the landscaping on the
Atlantic Boulevard medians between Third Street and the Mayport
Flyover equals approximately $37,320 per year. About $21,500 of that is
paid to a maintenance contractor. Approximately $10,800 is spent for
irrigation, approximately $2,200 for palm tree trimming and the rest is for
miscellaneous repairs and replacement plants. The Florida Department of
Transportation (FDOT) reimburses Atlantic Beach about $18,000 per year
for the cost of maintenance for of the right -of -ways on Atlantic Blvd. but
most of that is offset by other city costs for street sweeping and litter pick
up by city employees.
The City of Atlantic Beach entered into an Agreement on January 10,
1997 with the FDOT allowing for the installation of trees and other
landscaping with the condition that Atlantic Beach agreed to maintain the
landscaping including watering, fertilization, mowing, trimming and
control of litter. A copy of that Agreement is attached.
There are a few citations in the minutes of City Commission meetings
leading up to the execution of this Agreement in 1997 about meeting with
Neptune Beach officials to discuss the maintenance of the median
landscaping. However, there was no indication in the minutes that an
Agreement was ever reached.
Jim Jarboe was the City Manager of Atlantic Beach at that time and recalls
that the City of Neptune Beach was unwilling to fund any portion of the
cost of the maintenance on the project that was being proposed by the City
of Atlantic Beach. Neptune Beach did agree to pay $25,000 toward the
cost on concrete curbs related to the project per a resolution adopted by
AGENDA ITEM # 8E
OCTOBER 24, 2011
their City Council on April 7, 1997. Because the Agreement in January of
1997 did not include Neptune Beach as a party, it can only be assumed
that there was no Agreement reached for Neptune Beach to participate in
the maintenance costs at that time.
RECOMMENDATION: This report is being made at the request of the City Commission. No
recommendation is being made.
BUDGET: No budget impact is proposed from this staff report.
ATTACHMENT: (1) Agreement with the Florida Department of Transportation dated
January 10, 1997.
AGENDA ITEM # 8E
OCTOBER 24, 2011
agrees to :
(a) Properly water and fertilize all plants, keeping them as free as practicable
from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass to the proper length;
(e) Properly prune all plants which responsibility includes (i) moving dead or
deceased parts of plants or (ii) pruning such parts thereof which present a visible hazard
for those using the roadway; and
(f) Remove or replace dead or diseased plants in their entirety, or remove or
replace those plants that fall below original Project Standards.
The agrees to repair, remove or replace at its own expense all or part of the Project
that falls below Project Standards caused by the City 's failure to 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 parts of the same grade, size, and specification as provided in the
original plans for the Project. Furthermore, the Cit agrees to keep litter removed
from the Project Highway.
2. 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 4(a), may at its option perform any necessary maintenance without need of any
prior notice and charge the cost thereof to the City ,
3. It is understood between the parties hereto that any or all of the Project may
be removed, relocated or adjusted at any time in the future as determined to be necessary
by the Department in order that the adjacent state road be widened, altered or otherwise
changed to meet with the future criteria or planning of the Department. The Cites 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 Cam- will own
that part of the Project it removed. After the sixty (60) day removal period, the
Department will become the owner of the unremoved portion of the Project and the
Department then may remove, relocate or adjust the Project as it deems best, with the _
AGENDA ITEM # 8E
OCTOBER 24, 20l I
Cites being responsible for the cost incurred for the removal of the Project.
4. This Agreement may be terminated under any one of the following
conditions:
(a) By the Department, if the C— i ' — 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.
5. In the event this Agreement is terminated in accordance with Paragraph 4,
the City% 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 �C1 will own that part of the Project it removed. After the sixty (60)
day removal period portion of the Project, the Department then may take any action with
the Project Highway or all or part of the Project it deems best, with the Cif being
responsible for any removal costs incurred.
6. Subject to Section 768.28, Florida Statutes, the City covenants and
agrees that it will indemnify and hold harmless the Department and all of the
Department's officers, agents and employees from any claim, loss, damage, rent, charge
or expense arising out of any act, action, neglect or omission by the City during the
performance of the Agreement, whether direct or indirect, and whether to any person or
property to which Department or said parties may be subject, except that neither the City
nor any of its subcontractors will be liable under this paragraph 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.
7. 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.
8. This Agreement may not be assigned or transferred by the CitX in
whole or in part without consent of the Department.
9. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
10. All notices, demands, requests or other instruments shall be given by
depositing the same in the U. S. Mail, postage prepaid, registered or certified with return
receipt requested, or by telex or telegram:
AGENDA ITEM # 8E
OCTOBER 24, 2011
(a) If to the Department, addressed to:
605 Suwannee Street, MS -37
Tallahassee, Florida 32399
or at such other address as the Department may from time to time designate by written
notice to the City ; and
(b) I£ to the City , addressed to:
800 Seminole Road
Atlantic Beach, Florida 32233,
or at such other address as the City 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.
IN WITNESS WHEREOF, the parries hereto have caused these presents to be
executed the day and year first above written.
Department Approval
as to Date, Form and
Legality
Department Approval
as to Date, Form and
Legality
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ffim
District Secretary
ATTEST: (SEAL)
Executive Secretary
614 a I
A Political Subdivision of the
State of F1
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Bv. ✓ . ter
ATTEST: CttkP SEAL