89-R-67RESOLUTION No. 89-R-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE A
"MEMORANDUM OF AGREEMENT -HIGHWAY MAINTENANCE" WITH THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the City Council of the City of Edge-
water, Florida, hereby authorizes the appropriate officials of
the City of Edgewater, Florida, to execute a "Memorandum of
Agreement -Highway Maintenance" with the State of Florida,
Department of Transportation.
SECTION 2. A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked Exhibit "A".
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, at a Regular meeting of said Council
held on the 18 day of September 1989, and ap-
proved as provided by law.
This Resolution was introduced and sponsored by
Fish , and was read and passed by a vote of the
City Council of the City of Edgewater, Florida, at a Regular
meeting of said Council held on the 18 day of C>nrcmhc.
1989, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
Mayor
ounce ma Zone One
Excused
Councilwo an-ZoneTwo
Couhc lman-Zone Three
7 -1 -7;44 `amp
Councilman -Zone Four
1
TEST:
City Cle k {
Authenticated this —1� y o -O 1989.
ayor
This Resolution Prepared by:
Res. 89-R-67
MEMORANr OF AGREEMENT - HIGHWAY M rMANCE
THIS AGREEMENT, entered into this 18TH day of
September , 1989 by and between the STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, a component agency of the State of
Florida, hereinafter called the DEPARTMENT and the CITY of
EDGEWATER, a political subdivision of the State of Florida,
existing under the Laws of Florida, hereinafter called the CITY.
W I T N E S S E T H
WHEREAS, as a part of the continual updating of the
State of Florida Highway System, the DEPARTMENT, for the purpose
of safety, has created roadway, roadside areas and median strips
on that part of the State Highway System within the limits of the
CITY; and
WHEREAS, the CITY hereto is of the opinion that said
roadway, roadside areas and median strips shall be attractively
maintained;
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 dated 18th day of
September , 1989, attached hereto as Attachment "A", which
by reference hereto shall become a part hereof, desires to enter
into this Agreement and authorizes its officers to do so.
(1)
NOW, THEE' ')RE, for and in considerat n of the mutual
benefits to flow each to the other, the parties covenant and agree
as follows:
1. The CITY shall be responsible for routine maintenance
of all paved, landscaped and/or turfed areas within Department
rights -of -way having limits described by Item 14, or subsequent
amended limits mutually agreed to in writing by both parties. For
the purpose of this agreement, the maintenance to be provided by
the CITY is defined in Item 15.
2. The CITY shall be responsible for clean-up, removal
and disposal of all debris from the DEPARTMENT'S rights -of -way
(described by Item 14, or subsequent amended limits mutually agreed
in writing by both parties) following a natural disaster (i.e.
hurricane, tornadoes, etc.) or from other normal occurrences such
as vehicle accidents and spills. However, the DEPARTMENT shall not
deduct from the payment of the CITY, costs for impairment of
performance of any activity or part thereof defined in Item 15, as
a result of such event and the redirection of CITY forces towards
fulfillment of the CITY'S responsibility under this article.
3. To the extent permitted by Florida law the CITY
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 contract, whether direct or indirect, and whether to any
Person or property to which the DEPARTMENT or said parties may be
subject, except that neither the CITY nor any of its subcontractors
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.
(2)
4. If, r any time while the terms this agreement are
in effect, it shall come to the attention of the DEPARTMENT'S
District Director Of Operations, District 5, that the CITY's
responsibility as established herein or a part thereof is not being
properly accomplished pursuant to the terms of this agreement, said
District Director Of operations, District 5, may, at his option,
issue a written notice, in care of the City Manager, to place said
CITY on notice thereof. Thereafter the CITY shall have a period of
(30) thirty calendar days within which 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:
A. Maintain the roadway, median strip or roadside area
declared deficient with the DEPARTMENT or a
Contractor's material, equipment and personnel. The
actual cost for such work will be deducted from
payment to the CITY or
B. Terminate this agreement in accordance with Item 7
of this agreement.
5. It is understood between the parties hereto 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 with future
criteria or planning of the DEPARTMENT.
6. The Department agrees to pay to the CITY quarterly
(each three month period following a notice to proceed) compensa-
tion for the cost of maintenance as described under Item 1 of this
agreement. The payment will be in the amount of $7,701.20 per
quarter for a total sum of $30,804.80 per year. In the event this
(3)
agreement is termin ed as established by Item herein, payment
will be prorated to the date termination occurs.
7. This Agreement or any 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 4 of this agreement.
(B) As mutually agreed to by both parties with a thirty
(30) day written notice.
(C) In the event the Legislature fails to make an annual
appropriation to pay for the CITY'S services to be
performed hereunder.
8. The term of this Agreement commences on the date a
written notice to proceed is issued to the City Manager by the
Department's District Maintenance Engineer, District 5, and
continues for a period of one year from said notice to proceed.
This agreement may be renewed and extended for two (2) one-year
periods upon the same terms and conditions as the original
agreement upon written approval by both parties (i.e., the City
Manager for the CITY and the Deputy Assistant Secretary, District
5, for the DEPARTMENT). In the event this Agreement extends beyond
the DEPARTMENT'S current fiscal year that begins on July 1 of each
year and ends on June 30 of each succeeding year, the CITY and
the DEPARTMENT mutually agree that the STATE OF FLORIDA'S
performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of the Legislature.
(Section 287.0582, Florida Statutes)
(4)
9. The C: : may construct additional andscaping 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. The CITY shall not
change or deviate from said plans without written
approval by the DEPARTMENT;
B. All landscaping shall be developed and implemented
in accordance with appropriate DEPARTMENT safety and
road design standards;
C. All requirements and terms established by the agree-
ment 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 permit;
E. No change will be made in the payment terms estab-
lished under Item 6 of this agreement due to any
increase or decrease in cost to the CITY resulting
from the installation and maintenance of landscaping
added under this item;
F. In the event this agreement is terminated as estab-
lished under Item 7 herein, the CITY agrees to accept
full responsibility for all additional maintenance
described in this section at no additional cost to
the DEPARTMENT.
10. All work done on the DEPARTMENT right-of-way shall be
accomplished in accordance with the Department of Transportation
Manual on Uniform Traffic Control Devices and Safe Practices for
Streets and Highway Construction.
(5)
11. This iting embodies the entire :reement and under-
standing 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.
12. This agreement is nontransferable and nonassignable
in whole or in part without consent of the DEPARTMENT.
13. This agreement, regardless of where executed shall be
governed by, and construed according to the laws of the State of
Florida.
14. The rights -of -way included in this agreement are:
S.R. 5 (U.S.1) - Section 79010, from the South City Limits of
Edgewater (M.P. 11.967) to the North City Limits of Edgawater (M.P.
16.636).
S.R. 442 - Section 79210, from the West City Limits of Edgewater
(M.P. 2.628) to the intersection of S.R. 5 (U.S. 1) (M.P. 3.972).
This is a total of 6.013 miles or 21.364 lane miles.
15. The routine maintenance activities to be included
under this agreement are as follows:
PLANT MIX PATCH (MANUAL)
BASE REPAIR
MISCELLANEOUS ASPHALT REPAIR
MOTOR GRADER OPERATIONS
SPOT REPAIR HAND
SPOT REPAIR MECHANICAL
SEEDING FERTILIZING AND MULCHING
REWORKING NON -PAVED SHOULDERS
MISCELLANEOUS SLOPE & DITCH REPAIR
CLEAN DRAINS S BOX CULVERT
(6)
INLET CLEF NG (MANUAL)
REPAIR OR REPLACE DRAINS
CONCRETE REPAIR
CONCRETE SIDEWALK REPAIR
ROADSIDE DITCHES CLEAN & REPAIR
LARGE MACHINE MOWING
SLOPE MOWING
INTERMEDIATE MACHINE MOWING
SMALL MACHINE MOWING
WEED CONTROL (MANUAL)
WEED CONTROL (MECHANICAL)
FERTILIZING
TREE TRIM & REMOVAL
ROADSIDE LITTER REMOVAL
ROADSIDE SWEEPING
EDGING AND SWEEPING
NON -ROUTINE MAINTENANCE
MISCELLANEOUS ROUTINE & MAINTENANCE
These activities shall be performed in accordance with the
DEPARTMENT'S performance standards.
(7)
IN WITNES! !HEREOF the parties heretc ave caused these
presents to be executed the day and year first above
written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
/M __
District Director
District 5
Attest: katio, � I. Y�
Executive Secretary or Notary
Approved as to Form and Legality:
D rict General Co el
AuthYrT,§&MVMPW4rdUAMP FUNDS APPROVAL:
the Comptroller's Office
s ro Av iiobil' of Funds'
I
(S)
CITY OF: Edgewater
BY:
Mayor
Attest:
APPROVED AS TO FORM AND LEGALITY:
75 City Attorney
(9)
ATTAC� "A"
RESOLUTION NO. 89-R-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE A
"MEMORANDUM OF AGREEMENT -HIGHWAY MAINTENANCE" WITH THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the City Council of the City of Edge-
water, Florida, hereby authorizes the appropriate officials of
the City of Edgewater, Florida, to execute a "Memorandum of
Agreement -Highway Maintenance" with the State of Florida,
Department of Transportation.
SECTION 2. A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked Exhibit "A".
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, at a Regular meeting of said Council
held on the 18 day of September 1989, and ap-
proved as provided by law.
This Resolution was introduced and sponsored by
Fish , and was read and passed by a vote of the
City Council of the City of Edgewater, Florida, at a Regular
meeting of said Council held on the is day of
1989, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
Mayor
ounci ma ne One
Excused
Councilwoman -Zone Two
f yy
Counc lman-Zone Three
Councilman Zone Four
1
A EST:
City
Authenticated this �_ y /o� -O� , 1989.
Mayor
Res. 89-R-67