1992-18
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HIGHWAY BEAUTIFICATION GRANT
MEMORANDUM OF AGREEMENT
GREEMENT, made and entered into this ~ day of
19~, by and between the STATE OF FLORIDA DEPARTMENT
OF RAN OR ATION, a component agency of the State of Florida,
hereinafter called the "DEPARTMENTII and the city of Clermont, a
political subdivision of the State of Florida, existing under the Laws
of Florida, hereinafter called the CITY.
WIT N E SSE T H
WHEREAS, as a 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 created roadside
areas/median strips on the highway facilities outlined in Attachment
IIAII within the limits of the city of Clermont and
WHEREAS, the CITY is of the opinion that said highway facilities
that contain grassed medians shall be landscaped with various species
of qround cover and plantinqs.
WHEREAS, the parties hereto mutually recognize the need for
entering into an Agreement designating and setting forth the
responsibilities of each party; and
WHEREAS, the CITY by Resolution No. 747 dated January 28. 1992,
attached hereto and by this reference made a part hereof, desires to
enter into this Highway Beautification Grant 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 CITY shall install and maintain landscaping on the
highway facilities outlined in Attachment IIAII as specified in plans
and specifications included as Attachment IIBII with the following
exceptions:
The landscape installation to be performed by the CITY, shall be
subject to periodic inspections by the DEPARTMENT. Such inspection
findings will be shared with the CITY and shall be the basis of all
decisions regarding payment reduction, reworking or agreement,
termination. The CITY shall not change or deviate from said plans
without written approval by the DEPARTMENT.
2. If at any time after the CITY has assumed the landscaping
installation and maintenance responsibility above-mentioned, it shall
come to the attention of the DEPARTMENT'S District Secretary that the
installation and maintenance is not being performed 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 in care of Wayne Saunders. City Manaqer.
P.O. Box 120219. Clermont. Florida 34712 to place said CITY on notice
thereof. Thereafter the CITY 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)
Complete the installation or maintenance or a part thereof,
with Department or contractor's personnel and deduct the
cost of such work from the CITY'S payment for said work or
part thereof, or
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(b)
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Terminate Agreement in accordance with Paragraph 5 of this
Agreement and remove, by Department or private contractor's
personnel, all of the landscaping installed under this
Agreement or any preceding agreements except as to turf
qrass and charge the CITY for the reasonable cost of such
removal.
3. It is understood between the parties hereto that the
landscaping covered by this ~greement 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 CITY shall be given sixty (60) calendar days
notice to remove said landscapinq after which time the Department may
remove said landscapinq.
4. The DEPARTMENT agrees to pay to the CITY the total sum of
$5.968 or 50% of the total project cost as defined in Attachment "C",
whichever is less. subject to this limit, the DEPARTMENT will pay
only for those costs which are allowed by section 339.2405(11),
Florida Statutes:
(a)
(b)
(c)
Sprinkler/irrigation system (purchase and installation)
Plant materials and fertilizers/soil amendments
Equipment and labor
The DEPARTMENT'S participation in the project cost, as described
in Attachment "C", is limited to only those items which are directly
related to this project. The 50% payment shall not be made until:
(1) certification of acceptance is received from the CITY; (2) the
Highway Beautification Council has inspected or waived its inspection
rights of the project; and (3) a DEPARTMENT landscape architect and
his designee has approved the project for final payment.
(a)
(b)
(c)
( d)
(e)
Payment shall be made only after receipt and approval of
goods and services as provided in section 215.42, Florida
Statutes.
Any penalty for delay in payment shall be in accordance with
section 215.422(2) (b), Florida Statutes.
Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof, and that bills for
travel expenses specifically authorized by this Agreement
shall be submitted and paid in accordance with the rates
specified in section 112.061, Florida Statutes.
Records of costs incurred under terms of this Agreement
shall be maintained and made available upon request to the
Department at all times during the period of this Agreement
and for three(3) years after final payment is made. copies
of these documents and records shall be furnished to the
Department upon request. Records of costs incurred includes
the CITY'S general accounting records, together with
supporting documents and records, of the CITY and all
subcontractors performing work, and all other records of the
CITY and subcontractors considered necessary by the
Department for a proper audit of costs.
The CITY agrees to return all monies received under the
terms of this Grant Agreement, to the Department, should the
landscaped area fail to be maintained in accordance with the
Maintenance Agreement.
5. This Agreement may be terminated under anyone of the
following conditions:
2
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(a)
(b)
(c)
(d)
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By the Department, if the CITY fails to perform its duties
under Paragraph 2, following ten (10) days written notice.
By the Department, for refusal by the CITY to 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 CITY in conjunction with this
Agreement.
By either party following sixty (60) calendar days written
notice.
By both parties, thirty (30) calendar days following the
complete execution by both parties, of an agreement to
terminate this Agreement.
6. The term of this Agreement commences on September 1. 1992 and
continues until December 31, 1993.
7. 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, cost, 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 any person or property to which the DEPARTMENT or said parties
may be subject, except that neither the CITY nor any of its
sub-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 the DEPARTMENT or any of its
officers, agents or employees.
8. The CITY may construct additional landscaping within the
limits of the right-of-ways identified as a result of this document,
subject to the following conditions:
(a)
(b)
(c)
Plans for any new landscaping shall be subject to approval
by the Department. The CITY shall not change or deviate
from said plans without written approval by the Department;
All landscaping shall be developed and implemented in
accordance with appropriate state safety and road design
standards;
No change will be made in the payment terms established
under Item Number Four(4) of this Agreement due to any
increase in cost to the CITY resulting from the installation
of landscaping added under this item.
9. 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.
10. 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.
11. This agreement may not be assigned or transferred by the
CITY, in whole or in part without consent of the DEPARTMENT.
12. This Agreement, regardless of where executed, shall be
governed by, and construed according to the Laws of the state of
Florida.
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13. Pursuant to section 337.185(7) (a) of the Florida statutes the
following provision is hereby incorporated into this agreement:
"The Department, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by it
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 sub-
section is null and void, and no money may 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 1 year, but any contract so made
shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal year; and
this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000 and
which have a term for a period of more than 1 year."
14. Notwithstanding the termination of the Agreement, the
obligation to maintain the landscaping pursuant to the terms of the
Agreement shall continue in full force and effect for such time as the
landscaping remains on the highway facilities.
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
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BY:
ATTEST: ~.. ~ ~~ ~~EAL)
Executlve Secret
city of Clermont
(AGENCY)
BY: ~ ~
City Manager
ATTEST: ~ 2c/ £f~
(AGENCY)
BY:
ATTEST:
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LOCATION:
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ATTACHMENT "A"
SR 50 and SR 25 (US 27) interchange from east side of
interchange to west side median.
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Attachment "c"
(General)
PROJECT COST
This exhibit forms an integral part of the Highway Beautification
;~:~;p~~~:~~~~ta~~t~~~~ ~~ec~;~;~n~fd:~~~ida, ~~;rrg~nt of
TOTAL PROJECT COST
1. PARTICIPATION:
Public Agency Participation (50%)
or
$5,976.39 whichever
is greater
Department Participation
Primary (D)
(50%)
or
$5,968.00
whichever
is less.
TOTAL PROJECT COST
$11, 944.39
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CITY OF CLERMONT
RESOLUTION
NO. 747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AUTHORIZING THE CITY
MANAGER AND HIS STAFF TO APPLY FOR A HIGHWAY
BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, many roadside areas and median strips abutting
Department. of Transportation rights-of-way areas must be maintained
and attractively landscaped; and
WHEREAS, the City council desires that the city of Clermont
beautify and improve various rights-of-way areas within the City of
Clermont by landscaping and
WHEREAS, the City Council of the City of Clermont wishes to
authorize the City Manager and his staff to apply for a Highway
Beautification Grant from the Florida Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Clermont, Lake County, Florida that:
SECTION 1.
The City Council of the city of Clermont, Florida, hereby
authorizes the City Manager and his staff to apply for a Highway
Beautification Grant from the State of Florida Department of
Transportation.
SECTION 2.
The City Clerk of the City of Clermont is hereby directed to
send copies of this Resolution to the Department of Transportation
and all other persons as directed by the Mayor and city Council.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, THIS 28th DAY OF January , 1992.
~ £{~~
Attest:
" ~
\
ity Clerk