R91-7 RESOLUTION NO. R9t- 7
A RESOLUTION OF THE CITY COM~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECtiNG--THE MAYOR ~ND
CITY CLERK TO EXECUTE A HIGHWAY
BEAUTIFICATION- GIFT PROGRAM MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR
IMPROVEMENTS TO CERTAIN FDOT MEDIANS
ALONG BOYNTON BEACH BOULEVARD, WITHIN
THE CITY OF BOYNTON BEACH, MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, many roadside areas and median
within/abutting Florida Department of Transportation
rights-of-way areas must be maintained
landscaped; and
WHEREAS, FDOT has monies available to provide gifts to
City's for landscaping and improvement of new and existing
medians within/abutting FDOT rights-of-way; and
WHEREAS, the Mayor and City Commission desire that the
]ity of Bolrnton Beach beautify and improve various FDOT
median strips along Boynton Beach Boulevard within the City
of Boynton Beach by construction and landscaping; and
WHEREAS, the City Commission of the City of Boynton
Beach desires to authorize the Mayor and City Clerk, at the
appropriate time to enter into a
Agreement (Agreement) between the
FDOT for the road median strip
strips
(FDOT)
and attractively
along Boynton Beach Boulevard within the City of Boynton
Beach more particularly described in Exhibit "A" attached
hereto and made a part hereof, provided, however, the City's
ubligation to maintain the improved median strips is
contingent upon receipt of funds from FDOT as contemplated
in the Agreements.
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COMMISSION
DF THE CITY OF BOYNTON BEACH, FLORIDA.
Section 1. Each Whereas clause set forth above is
true and correct and incorporated herein by this reference.
Maintenance Memorandum of
City of Boynton Beach and
landscaping improvements
Section 2. The Mayor and City Clerk are hereby
~uthorized and directed, at the appropriate time, to execute
the Agreements between the City of Boynton Beach, Florida,
and the State of Florida Department of Transportation for a
matching grant in an amount not to exceed $25,000.00 for the
median landscaping improvements along Boynton Beach
Boulevard, within the City of Boynton Beach more
particularly described in Exhibit "A" attached hereto and
made a part hereof, provided however, the City's obligation
to maintain the improved median strips is contingent upon
the receipt of funds by FDOT as contemplated in the
Agreements.
Section 3.
The City Clerk of the City of Boynton
Beach is hereby directed to send copies of this Resolution
to the Florida Department of Transportation and all other
)ersons as directed by the Mayor and City Commission.
Section 3. This Resolution shall take effect
mmediately upon passage.
PASSED AND ADOPTED this /~ day~ary, 1991.
// ~a¥or
C6mmissioner
~TTEST:
(bo porat~- Sea ~)
H~fG I'FT. CRA
IYT/ras
Commissioner
EXHIBIT "1
MKIN_TENANCE
MEMORANDUM OF .AGREEMENT
THIS AGSEEME~T, made and entered into this day of
19. , by and between the STATE OF FLORIDA DEPARTMENT'OF TRAN-~PORTATION, a
component agency of the State-of Florida
"DEPARTMENT'' ~ d ~h~ ~ .... · hereinafter called the -
. . Y y ton Bc~. a political subd ~
Statg of F!qrida, existing under the Laws f- ivision of the
the ~ City ". o_ Florida, hereinafter called
- WI T N E S S E TIH
WHEREAS', as a .part of the continual updating of the State of Florida
Highway System, the Department, for the purpose Of safe=y, protection of
the investment. . and other reasons, has constructed and does maintain ~
lane ( dmvlded ) highway facilittes_~,s described in Exhibit
attached hereto and incorporated by reference herein, within the corporate
limit? of ~oynton Beach and
· UEREA~, ~he ~ ia of the_opinion ~hat said highway
fan,lilies that contain t~ndscape median an~ -~ ....
· ~ u=ma=n strl es shall be
· ~ tiliz~ng, litter ick
WHEREAS, the parties hereto mutually recognize the need for entering
into an Agreement designating and setting forth ~he responsibilities of
each party; and
WHEREAS, the City
dated by Resolution No.
, 19 , attachFd-hereto and by this reference made
part h[reof,'desires to en[er into this Agreemen~ 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 convenant and agree as follows:
1. The Department is providing to the City , materials,
(including but not limited to plants and landscaping supplies) aa described
in Exhibit "B".
2. The City shall perform the following
standards in a reasonable manner and with all due care.
The
- hereb agrees to
De artment's landsca e maintain the lantin s, folio
r uidetines, safer win the
~t%,' s
areas on De artment of ~rans or~i~nmnc-iuae all landsca ed ~nd or t~rfed
~ the
~nem as fre ert~iization
bed ...... ,m _ issase and
~~ - .... =u~ =0 geed the
~ff'_s_-,? =o roverl:
~~.~,=~u or aiS~sed parts
unose UStn ~ cmereoz which r
~~"=~, aiso means remo,.~-- r~ for
the
~ cae use of al~erna m --._ ~ artment
~~5~_~.raedian s~rfp or l~n~; *n also
SCientif~c--- ~ ~- rxants ~all be ~h~ ~' -caped areas
-~, ~~~-~u~ ~ are not ~to
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The above named functions to ~e performed'by the City ~
shall be subject to periodic inspections'by the Department. Such
inspection findings will be share~ with the Department and shall be the
basis of all decisions regarding, ~eworking ~r agreement termination.
3. If at any time after the has assumed
the
limits
or of this
City,
thirty
I at its
(a) Maintain the landscaRingor a part thereof, within
~P~r~en~°r.cen~r~t~,~Pe~bn~eland ~nvoice the
(~) Zerm~t~ ~gr.e,e~nt i~¢e~rdana~ ~i:th Paragraph 4 of this
Ag~ea~en~ an~
p nnel, ali Of.~the~land, ac~lhg installed unde
.~.~ ~. , .~ , - r this
~gre~ment-or any precedifig~r~e~Mants except as to
~rees and Palms and charge the City the reasonable
cost of s~oh renewal.
4. ~ It is~lfderstoodbe~een the'~pa~tes ~hereto that the ground cover
or aojus~en at any time in the future hS d~termi~ed to be necessary by the
Department in or~r that./~theadJa~zent gt~k~ read,be ~idened, ~ttered or
otherwise changed ~0 ~eat~ with
Department. The ~ Shall be given sixty (60) cai'ended:days notice
to remove said mat~ria~l after which time ~the Department may remove same.
5. This AgreemeRt may be terminated under any one of the following
conditions:
(a)
By the Department, if the City fails tq~perform its
duties.under Paragraph 1, following ten (10) days written
notice.
By the Department, for refusal by the .City to
(b)
allow public access to all documents, papers,'letters, or
other material subject= tel the provisions of Chapter 119,
Florida Status and made or received by the C~tv in
conjunction with this agreement. -
6. 'The term of this Agreement commences upon execution.
7. To the extent permitted by law, shall
indemnify and hold'harmlessthe De
~mployees from
all suits, actions, claims andliability City's
negligent performance of the work under this agreement, or due to the --
failure of the ~ toconstrnat and maintain the project in con
with the standards described in item under 2 of this agreement, ferments
8. This writing embodies the entireAgreement, and g~erstanding
between .the parties hereto and 'there are no other Agreements and
understanding, oral or written, With referenc'e to the subject matter hereof
that are not merged herein and superseded hereby.
9. The Department, during, any fiscal year, shall not expend money,
incur any liability,~or enter into any contract which; by its terms,
involves ~he expenditure of money in excess df ~heamounts~ budgeted as
available for expenditure
written, made in Any , verbal or
money may be paid onlsuch contract. The De lire a
statement from the Comptroller of the Depa [ha~ funds are available
prior to enterin~?Int0 any such contractor otherbind!ng commitment of
funded. Nothing herein contained shall prev~n~ th~ making of contracts for
periods exceedingl :year, bu~ any e°~tract So~m~e shall be executory 'only
for the value of the services to be rendered or agreed to be paid for in
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succeeding fiscal years; and this pa~agraph~ shalI be incorporated verbatim
in all contracts of the .Dep~rtmmnt w~ch ~re for an am
$25,000 and wh ~ ...... ~ = . .. ~ ount in excess of
ich ~w= ~ ~m ~or a perxod o~ more than 1 year.
10. The Department's Deputy Assistant Seoretary shall decide all
questions, difficulties and disputes of any nature whatsoever that may
arise under or by reas6n 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' d~sputes shall be
final and conclusive upon the parties hereto.
ll. This Agreement may not be assigned or transferred by the
___City , in while or part w%thout consent of the Department.
12. This Agreement shall be governed by an construed in accordance
with the laws of the State of Florida. In th~ event of a conflict between
prevail.any portion of the contract_ and Florida law, the laws of Florida shall
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed the day and year firs~ above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
DOT Approval as ~o
Form and Legality
Date
BY:
Deputy Assistant Secretar~
ATTEST:
(SEAL)
~xecutlve Searetar~
BY:
ATTEST:
__(SEAL)
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LOCATION
EXHIBIT "A"
JOB'NO.-~9004-3511
}Pi ~ (s) 4119110
COun£~ Palm Beach
SR NO. 804
SR 804 - at 1-95
NOTE: Mileposts (MP) are obtained from Department of Transportation
Straight Line Diagrams.
COUNTY Palm Beach
SR NO, 804
EXHIBIT
The Departmen~ agrees to supply ~o the
of materials:
Estimated Quantit
60.c.y.
160 bags
300 s.y.
6504 PL
123 PL
4 PL
5PL
(1682)
(4822)
(91)
(2O)
(12)
LS/LS
1
i
1
1
1
24
24
6
26
12
8
6
108
2
2
2
1
2
260 FT.
120 FT.
80 FT.
80 FT.
60 FT.
City the following list
Type and Size
Planting~soil (top soil)
Shredded melaleucs mulch
(3 cubic feet toga bage)
Uni-Deco~concrete paving bricks ~405 Brown
Jasmine'Multiflbrum-Downy Jasmine 1 gal
Lantana Montevidesnis-purple weeping
Lantana i gal
Ixoria-~cWra Grant 3 gal
Bougainvillea~-dwarf red 3 gal
Zamia Furfu,racea 2' to 3' 3 gal
Ligustrum Japnicum-Single trunk-12'o.a.
Ac~elorrhaphe Wrightii Paurotis/Evergiade
14' o.a. min of 8 seems
Irrigation will be bid as a lump sum
item. The components are: See page #2
1 i/2 PRESSURIZED VAC. BREAKERS
RAINMATIC 2000 BATTERY TIMER
TORO 1 1/2" HYDROLIC CONTROL VALVE
;aXiETCK RECTANGULAR VALVE BOX
FIMCO 1 1/4" HYDROLIC INDEX VALVE
RAINBIRD 12" POP-UPS W/NOZZLES
RAINBIRD 6" POP-UPS W/NOZZLES
RAINBIRD FLOOD BUBBLERS
1 1/4"X1 1/4xl/2" THR. TEES
i"Xi"X1/2" THR. TEES
3/4"X3/4"X1/2" THR. TEES
1/2"X1/2"X1/2" THR. TEES
1/2" FUNNY PIPE ELBOWS.
] 1/2" MALE ADAPTERS
1 1/4"Xl" REDUCER BUSHINGS
1"X3/4" REDUCER BUSHINGS
3/4"X~/2" REDUCER BUSHINGS
1 i/2"X 1 1/4" REDUCER BUSHINGS
i/2" SLX THR. 90 DEGREE ELBOWS
l 1/4" SCHEDULE 160 P.V.C. PIPE
1" SCHEDULE 160 P.V,C. PIPE
3/4" SCHEDULE 160 P.V.C. PIPE
1/2" SCHEDULE I60 P.V,C. PIPE
1/2" FUNNY PIPE