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HomeMy WebLinkAboutR-2026-036 ILA with Hollywood - Median MaintenanceRESOLUTION NO. 2026-036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN INTERLOCAL AGREEMENT (ILA) WITH THE CITY OF HOLLYWOOD FOR MAINTENANCE OF THE ROADWAY MEDIANS ALONG DANIA BEACH BOULEVARD AND GRIFFIN ROAD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AND EFFECTIVE DATE. WHEREAS, the City of Hollywood maintains streetscapes, including medians, within areas under its jurisdiction that are adjacent to the City of Dania Beach; and WHEREAS, the City of Dania Beach maintains streetscapes, including medians, within its municipal boundaries; and WHEREAS, the Cities previously reviewed their respective median maintenance responsibilities and determined that certain medians are not contiguous with either City’s jurisdiction, resulting in overlapping responsibilities and potential interruptions in maintenance services; and WHEREAS, the Cities determined that simplifying maintenance responsibilities would provide more consistent and efficient maintenance; and WHEREAS, the Cities previously entered into an agreement whereby the City of Dania Beach assumed responsibility for landscaping maintenance of the medians located from Gulfstream Road and Dania Beach Boulevard eastward, including the circle and two triangular medians and the City of Hollywood assumed responsibility for landscaping maintenance of six (6) medians on Griffin Road from State Road 7 to SW 35th Avenue; and WHEREAS, the Interlocal Agreement (ILA), which Agreement is attached as Exhibit “A” and incorporated into this resolution by this reference, has been amended to include additional sections of Dania Beach Boulevard medians extending eastward, and adoption of the updated ILA will benefit both municipalities; and WHEREAS, the City Commission previously authorized acceptance of funding through the Florida Department of Transportation State Highway Beautification Grant Program under Resolution No. 2024-145 for landscape improvements along Dania Beach Boulevard, and the Florida Department of Transportation has subsequently issued award letters, executed Joint Participation Agreements (JPA) and Landscape Maintenance Memoranda of Agreement 2 RESOLUTION #2026-036 (MMOA), an administrative amendment to the agreements, and Notices to Proceed (NTP) for implementation of the beautification improvements associated with this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an Interlocal Agreement (ILA), which ILA is attached as Exhibit “A”, and incorporated into this resolution by this reference, with the City of Hollywood for the maintenance of landscaped roadway medians along Griffin Road and Dania Beach Boulevard. Section 3. That the cost of these median sections’ maintenance is already part of the ongoing maintenance service contract in used by the City of Dania Beach, and the cost of the refurbishing is estimated at $276,000.00 to the City and is already budgeted in the fiscal year 2026 Grant Fund, Account No. 103-39-68-539-63-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on March 24, 2026. Motion by Commissioner Ryan, second by Commissioner Lewellen. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2026-036 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF HOLLYWOOD, FLORIDA AND THE CITY OF DANIA BEACH, FLORIDA FOR MAINTENANCE AND LANDSCAPE IMPROVEMENT OF MEDIANS This Interlocal Agreement (“Agreement”) is entered into this _________ day of ___________, 2026 by and between the City of Hollywood, Florida (“Hollywood”) and the City of Dania Beach, Florida (“Dania Beach”), collectively referred to as the “Parties,” to define the responsibilities for maintenance and landscaping improvements of certain medians located within the municipal boundaries of both cities. WITNESSETH: WHEREAS, Hollywood maintains the streetscapes, including medians, throughout the City; and WHEREAS, Dania Beach maintains the streetscapes, including medians throughout its City; and WHEREAS, both municipalities also have FDOT maintenance agreements which require each city to maintain various medians for FDOT; and WHEREAS, Hollywood and Dania Beach have been reviewing their maintenance responsibilities of various medians within both cities and have determined that certain center medians are not contiguous within the jurisdiction of either city which is creating overlaps or interruptions of maintenance services due to location of the center medians; and WHEREAS, it is impractical for both cities to provide maintenance of these center medians, and it has been determined that the maintenance responsibilities should be simplified in order to ensure that such maintenance is provided in a consistent manner; and WHEREAS, it is impractical for both cities to provide maintenance of these center medians, and it has been determined that the maintenance responsibilities should be simplified to ensure that such maintenance is provided in a consistent manner; and WHEREAS, the Parties desire to renew and update their cooperative arrangement to ensure consistent maintenance and enhancement of median landscaping, including new improvements planned along Dania Beach Boulevard. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants hereinafter set forth, Hollywood and Dania Beach agree as follows: 2 ARTICLE 1 MAINTENANCE RESPONSIBILITIES 1.1 Dania Beach Boulevard. Dania Beach shall continue to perform landscape maintenance, inclusive of irrigation, at its sole expense, for the medians depicted in Exhibit A, located within or adjacent to Hollywood city limits. In addition to existing maintenance, Dania Beach shall include the installation of new landscaping along the three eastmost medians on Dania Beach Boulevard, consistent with the City’s landscape master plan. Installation work will occur following FDOT design approval and subsequent bid award, with completion projected by the second or third quarter of 2026. Upon completion, Dania Beach shall assume ongoing maintenance of the newly installed materials. 1.2 Griffin Road. The Parties reaffirm their previous maintenance delineation along Griffin Road, as depicted in Exhibit B with Hollywood maintaining the six center medians from SW 35th Avenue to SR 7, and Dania Beach maintaining medians east of SW 34th Avenue. ARTICLE 2 MAINTENANCE STANDARDS AND COMPLIANCE All landscape maintenance performed by Dania Beach under this Agreement shall conform to the Florida Department of Transportation (“FDOT”) Landscape Standards, the Florida Green Industries Best Management Practices Manual, and the City of Hollywood’s applicable streetscape specifications. Both Parties shall coordinate to update standards if FDOT requirements change. ARTICLE 3 INSPECTION AND REPORTING Dania Beach shall perform visual inspections of the maintained medians no less than once every thirty (30) days and shall provide Hollywood with a brief written summary or photo log upon request. Any material failures of irrigation, turf, or plant health shall be corrected within fifteen (15) days of notice. ARTICLE 4 CONSTRUCTION COORDINATION During installation of new landscaping on Dania Beach Boulevard, Dania Beach shall coordinate construction staging, traffic control, and lane closures with Hollywood’s Public Works and FDOT to avoid disruption to local businesses and traffic operations. ARTICLE 5 FUTURE IMPROVEMENTS Any additional enhancements, re-landscaping, or irrigation system upgrades within the defined maintenance area after initial installation shall be subject to mutual written approval of both Parties. Unless otherwise agreed, the cost of such improvements shall be borne by the Party proposing the change. 3 ARTICLE 6 DAMAGE AND RESTORATION If median landscaping is damaged by utility work, accidents, or FDOT activities, the Parties shall coordinate to ensure prompt restoration. The Party receiving notice of the damage shall immediately inform the other Party and FDOT, as applicable. ARTICLE 7 TERM This Agreement shall become effective upon full execution and approval by both City Commissions and shall remain in effect for ten (10) years, unless terminated earlier under Article 12. The Agreement may be renewed for successive ten-year terms upon mutual consent by both Parties. The term of this Agreement shall begin on the last date of execution and approval by both Parties. ARTICLE 8 INDEMNIFICATION AND INSURANCE Each Party shall be responsible for its own negligent acts and those of its officers, employees, and agents to the extent provided by Section 768.28, Florida Statutes. Each Party shall maintain all legally required insurance for its employees and ensure any contractors performing maintenance or installation work carry appropriate coverage. ARTICLE 9 FDOT APPROVAL CONTINGENCY The installation of new landscaping improvements under this Agreement is contingent upon FDOT approval of design plans. Neither Party shall commence construction activities until all necessary permits and approvals have been obtained. ARTICLE 10 FUNDING AND GRANTS Each Party may independently apply for and administer any applicable state, federal, or other grant funding related to maintenance or landscape improvement activities under this Agreement. ARTICLE 11 RECORDS AND AUDIT Each Party shall maintain all records related to performance of this Agreement for at least five (5) years after expiration or termination. Such records shall be made available for inspection by the other Party upon reasonable notice. 4 ARTICLE 12 TERMINATION Either Party may terminate this Agreement without cause by providing one hundred eighty (180) days’ written notice to the other Party. ARTICLE 13 NOTICE Notices shall be in writing and sent by certified mail, return receipt requested, to: As to Hollywood: George R. Keller, Jr., City Manager 2600 Hollywood Boulevard, Rm. 402 Hollywood, Florida 33020 With a copy to: Damaris Henlon, City Attorney 2600 Hollywood Boulevard, Rm. 407 Hollywood, Florida 33020 As to Dania Beach: Ana M. Garcia City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Eve A. Boutsis With a copy to: City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 ARTICLE 14 PUBLIC COMMUNICATION Any signage, press release, or public information referring to the landscape improvements shall identify both Hollywood and Dania Beach as cooperating entities unless otherwise agreed in writing. ARTICLE 15 JURISDICTION, VENUE AND GOVERNING LAW This Agreement shall be governed by the applicable laws of the State of Florida and the United States. Any and all legal action necessary to enforce this Agreement shall be held in Broward County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any 5 other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16 MISCELLANEOUS 16.1 Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Hollywood and Dania beach. 16.2 Waiver. No waiver of any provision in this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. ARTICLE 17 ENTIRE AGREEMENT This document represents the entire understanding between the Parties and supersedes all prior agreements or understandings related to median maintenance. Any amendments must be in writing and approved by both City Commissions. SIGNATURES ON THE FOLLOWING PAGES 6 WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation PATRICIA A. CERNY JOSH LEVY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS DAMARIS HENLON GEORGE R. KELLER, JR. CITY ATTORNEY CITY MANAGER 7 WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF HOLLYWOOD, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. 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