HomeMy WebLinkAboutReso 98- 59RESOLUTION NO. 98-�
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEPARTMENT OF TRANSPORTATION
MAINTENANCE LANDSCAPING MEMORANDUM OF
AGREEMENT ATTACHED HERETO AS EXHIBIT "A."
WHEREAS, the City of Sunny Isles Beach desires the median strips and roadside areas of
the State Highway to be attractively landscaped with various flora; and
WHEREAS, the City Commission has determined that the maintenance of such median strips
and roadside areas would be advantageous for the safety and welfare of the citizens of Sunny Isles
Beach as well as to the general appearance of the City; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. The Department of Transportation Maintenance Landscaping Memorandum of Agreement
("Agreement") with the City of Sunny Isles Beach attached hereto as Exhibit "A", is hereby
approved and adopted upon the terms and conditions therein.
2. The City Manager is hereby authorized to execute and sign said Agreement and all
documentation relating thereto.
3. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this I Ph day of J
ATTEST:
Richard BFou=11%brilla, City Clerk
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DOT U ndkee Apodinvet Res. -1
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
L Dannheisser, City Attorney
Moved by: 61^�
Second by: S
VOTE:
Mayor Samson (yes) ✓ (no)
Vice Mayor Turetsky (yes) ✓ (no)
Commissioner Kauffman
Commissioner Iglesias S+a-�
Commissioner Morrow (yes)= (no)
DOT Landscape Agent Res. —2—
_ This AGREEM entered into this �� day of
00AS 1 19 " , 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 SUNNY
ISLES BEACH, a municipal corporation of the State of Florida,
existing under the Laws of the State of Florida, herein after
called the CITY.
WHEREAS, as a part of the continual updating of the State of
Florida Highway System, the DEPARTMENT for the purpose of safety
has created roadside areas and median strips on that part of the
State Highway System described by Attachment "A", which by
reference hereto shall become a part hereof, within the corporate
limits of the CITY and
WHEREAS, the CITY hereto is
strips and roadside areas shall
various flora; and
of the opinion that said median
be attractively landscaped with
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.9 9 - S 9
dated �ull� l (,1� 7 attached hereto as Attachment "C" , which by
reference hereto shall become a part hereof, desires to enter into
this 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:
The CITY shall be responsible for the maintenance of all
landscaped and/or turfed areas within the DEPARTMENT'S right-
of-way having the limits described by Attachment "A". The
CITY shall be responsible for performing the work described
below with a minimum frequency of twelve (12) times per year:
SUM'ISLE.AG
1.1. Mow, cut and/or trim and edge the grass or turf in
accordance with the latest edition of the State of
Florida "Guide for Roadside Mowing" and the latest
edition of the "Maintenance Rating Program".
1.2. Properly prune all plants which includes plant and tree
trimmings in accordance with the latest edition of the
"Maintenance Rating Program". Pruning such parts thereof
which may present a visual or other safety hazard for
those using or intending to use the right -of' -'way.
1.3. Remove and dispose dead, diseased or otherwise
deteriorated plants.
1.4. Keep litter removed from roadside and median strips.
1.5. Remove and dispose of all trimmings, roots, branches,
litter, etc., resulting from the activities described by
(1.1) through (1.4) inclusively as described above.
2. WORK SCHEDULE
The CITY shall submit a schedule to the DEPARTMENT containing
the dates of when the CITY is planning to perform the mowing
work. In addition, before the CITY starts the work, the
DEPARTMENT shall be notified via fax of the state road(s) and
day(s) in which the CITY will be working. The fax shall be
sent to the attention of the "North Dade Maintenance
Engineer", at fax numbers (305) 654-7182.
3. NATURAL DISASTERS
The CITY shall not be responsible for the clean-up, removal
and disposal of debris from the DEPARTMENT'S right of way
having limits described by Attachment "A", or subsequent
amended limits mutually agreed to in writing by both parties
following a natural disaster (i.e. hurricane, tornados, etc.).
However, the cost of any cycle or part thereof that could be
impaired by any such event may be deducted from the payment to
the CITY.
4. MAINTENANCE DEFICIENCIE
If, at any time while the terms of this AGREEMENT are in
effect, it shall come to the attention of the DISTRICT
MAINTENANCE ENGINEER that the CITY'S responsibility as
established herein or a part thereof is not being properly
SUNYISLE.AG 2
5.
6.
7.
accomplished pursuant to the terms of this AGREEMENT, said
DISTRICT MAINTENANCE ENGINEER 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 thirty (30) calendar days within which to correct
the cited deficiency or deficiencies. If said deficiencies are
not corrected within this time period the DEPARTMENT may at
its option, proceed as follows:
4.1. Maintain the median or roadside area declared deficient
with DEPARTMENT and/or a Contractor's material,
equipment and personnel. The actual cost for such work
will be deducted from payment to the CITY or
4.2. Terminate this AGREEMENT.
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All notices, requests, demands, consents, approvals, and other
communication which are required to be served or given
hereunder, shall be in writing and shall be sent by registered
mail or certified U.S. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest lllth Avenue., Room 6214
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY: City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Attention: City Manager
LANDSCAPE MODIFICATION
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.
METHOD OF COMPENSATION
In accordance with requirements of Section 287. 058 (1) (d) ,
Florida Statutes, the DEPARTMENT agrees to pay the CITY
SUNYISLE.AG
quarterly (each three month period) compensation for the cost
of maintenance as described under Subitems (1.1) through
(1.5) .
The lump sum payment will be in the amount of S 1,763.28
dollars per quarter for a total appropriation of
$7.053.12 dollars per year.
In accordance with Section 287.058(1)(a), Florida Statutes,
the CITY shall submit the quarterly invoice/bill in detail
sufficient for proper preaudit and postaudit thereof.
Section 215.422(5), Florida Statutes, requires the Department
to include a statement of vendor (Contractor) rights.
Contractors are hereby advised of the following:
Contractors providing goods and services to an agency should
be aware of the following time frames. Upon receipt, an agency
has 5 working days to inspect and approve the goods and
services, unless the bid specifications, purchase order or
contract specifies otherwise. An agency has 20 days to deliver
a request for payment (voucher) to the Department of Banking
and Finance. The 20 days are measured from the latter of the
date the invoice is received or the goods or services are
received, inspected and approved, by the Department of
Transportation.
If a payment is not made within 40 days, a separate interest
penalty at the rate established pursuant to Section 55.03(1)
Florida Statutes will be due and payable, in addition to the
invoice amount, to the Contractor. The interest penalty
provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than
one dollar will not be enforced unless the Contractor requests
payment.
Invoices which have to be returned to a Contractor because of
Contractor preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until
a properly completed invoice is provided to the Department of
Transportation.
A Vendor Ombudsman has been established within the Department
of Banking and Finance. The duties of this individual include
acting as an advocate for Contractors who may be experiencing
problems in obtaining timely payment(s) from a state agency.
The Vendor Ombudsman may be contacted by calling the State
Comptroller's Hotline, 1-800-848-3792.
SUNYISLE.AG 4
In the event temporary work by the DEPARTMENT forces or by
other Contractors temporarily prevent the CITY from performing
• the work described in this AGREEMENT, the DEPARTMENT shall
deduct from the lump sum payment the acreage of the affected
area and only compensate the CITY for the actual work it
performs.
The DEPARTMENT shall initiate this procedure only if the
temporary work described in this section is for a period of
one (1) month or longer. Adjustment to the CITY'S payment
shall also be done as noted in Item Three (3). In the event
this AGREEMENT is terminated as established by Item Ten (10)
herein, no payment will be prorated for the quarter in which
termination occurs for the work that has been completed.
10. TERMINATION
This AGREEMENT or part thereof is subject to termination under
any one of the following conditions:
10.1. In the event the DEPARTMENT exercises the option
identified by Item Four (4) of this AGREEMENT.
10.2. As mutually agreed to by both parties.
10.3. In accordance with Section 287.058(1)(c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY
refuses to allow public access to any or all
documents, papers, letters, or other materials made
or received by the CITY pertinent to this AGREEMENT
which are subject to provisions of Chapter 119, of
the Florida Statutes.
11. TERMS
11.1. The terms of this AGREEMENT shall only commence
when the DEPARTMENT issues the CITY the Notice To
Proceed letter.
11.2. In accordance with Section 287.058(1)(e), Florida
Statutes, this AGREEMENT is for a period of three
(3) years beginning on the date stated in the
Notice To Proceed letter.
SUNYISLE.AG
11.3. In accordance with Section 287.0582, Florida
Statutes; "The State of Florida's performance and
obligation to pay under this contract is contingent
upon an annual appropriation by the Legislature."
To comply with Section 287.0582, F.S., the
Department shall only appropriate the annual amount
of $7,053.12 at the beginning of each AGREEMENT
year. The expected AGREEMENT appropriation over the
three (3) year AGREEMENT period will be $21,159.36.
12. RENEWAL
In accordance with Section 287.058(1)(f), Florida Statutes,
this AGREEMENT may be renewed on a yearly basis for a period
of two (2) years after the initial contract or for a period no
longer than the term of the original contract, whichever
period is longer, only if mutually agreed to in writing by the
DEPARTMENT and the CITY, subject to the same terms and
conditions set forth in this AGREEMENT, and said renewals
shall be contingent upon satisfactory performance evaluations
by the DEPARTMENT and subject to the availability of funds.
13. ATTACHMENT "A" AMENDMENT
It is further understood that Attachment "A" may be amended or
changed at any time, as mutually agreed to -in writing by both
parties. Payment as specified in Item Seven(7) above shall
reflect such amendment or change.
14. TIME EXTENSION
In accordance with Section 287.012(10), Florida Statutes, this
AGREEMENT may be extended if mutually agreed to in writing by
both parties, for a period not to exceed six (6) months and
shall be subject to the same terms and conditions set forth in
this AGREEMENT; provided the DEPARTMENT may, in its
discretion, grant a proportional increase in the total dollar
amount based on the method and rate established herein. There
shall be only one extension of this AGREEMENT.
15. ADDITIONAL LANDSCAPING
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:
15.1. Plans for any new landscaping shall be subject to
SUNYiSLE.AG 6
approval by the DEPARTMENT. The CITY shall not
change or deviate from said plans without written
approval by the DEPARTMENT.
15.2. All landscaping shall be developed and implemented
• in accordance with appropriate state safety and
road design standards;
15.3. All requirements and terms established by this
AGREEMENT shall also apply to any additional
landscaping installed under this item;
15.4. The CITY agrees to complete, execute and comply
with the requirements of the DEPARTMENT'S standard
permit provided as Attachment "B" (not to actual
size) to this AGREEMENT with by reference hereto
shall be a part of hereof;
15.5. No change will be made in the payment terms
established under Item Seven (7) of this AGREEMENT
due to any increase in cost to the CITY resulting
from the installation and maintenance of
landscaping added under this item;
15.6. In the event this AGREEMENT is terminated as
established under Item Ten (10) herein, the CITY
agrees to accept full responsibility for all
maintenance within the entire area(s) defined by
plans and permits defined and established as a
result of this item. The CITY shall provide this
maintenance at no cost to the DEPARTMENT.
16. This writing embodies the entire AGREEMENT and understanding
between the parties hereto and there are not other agreements
and understanding, oral or written reference to the subject
matter hereof that are not merged herein and superseded
hereby.
17. This AGREEMENT is nontransferable and nonassignable in whole
or in part without consent of the DEPARTMENT.
18. This AGREEMENT, regardless of where executed shall be governed
by, and constructed according to the laws of the State of
Florida.
19. Nothing in this AGREEMENT shall be construed to violate the
provisions of Section 339.135(6)(a), of the Florida Statutes
SUNYISLE.AG 7
(1993), which provides as follows:
The Department, during any fiscal year, shall not expend
money, incur any liability, or enter into any contract which,
by its 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 subsection, 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 a contract for periods exceeding
one 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 years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which
are of an amount in excess of $25,000 and which have a term
for a period of more than one year.
SUNYISLE.AG
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.
LANDSCAPING AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH.
STATE OF FLORIDA
CITY OF SUNNY ISLES BEACH DEPARTMENT OF TRANSPORTATION
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BY:
Ci Manager e
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"City Clerk (Seal)
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BY: OG
City Attorney
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APPROVED AS TO LEGAL FORM:
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ict General Counsel
SUNYISLE.AG
6
ATTACHMENT "A"
Below is the state road, the limits, length and acreage of the area
to be maintained by the City of Sunny Isles Beach under this
AGREEMENT.
STATE
ROAD STREET LENGTH ACREAGE
No. NAME FROM: TO: (MILES)
AlA Collins Ave. 156 St. 196 St 2.625 3.13
826 Sunny Isle E. Side Collins Ave 0.500 1.61
Causeway of Sunny
Isle Bridge
TOTAL = 3.125 4.74
SUNYISLE.AG 10
District Six
6/95
DATE:
SECTION NO:
COUNTY:
STATE PROJECT NO.
APPLICANT:
ADDRESS: _
CITY: _
TELEPHONE NO
ATTACINENT "B "
STATH OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPHCIAL PERMIT
PERMIT NO.:
STATE ROAD NO.: _
MILEPOST FROM: _
(if applicable) RECORD NO.:
STATE:
TO:
ZIP CODE:
Applicant requests permission from the State of Florida Department of Transportation, hereinafter called the Department, to construct,
operate, and maintain the facility shown in the accompanying engineering as described here:
Location of Construction, Street Name, and Nearest Intersection:
1. Is the proposed work within the corporate limits of a municipality: Yes ( ) No ( )
Name of municipality: Local Government Contact:
2. Prior to filing this application, the location of all existing utilities, both aerial and underground, has been ascertained,
and the accurate locations are shown on the drawings (as applicable). A letter of notification was mailed on _
_ _ _ _ t o t h e f o 1 1 o w i n g
utilities/municipalities:
3. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or
upon public property pursuant to this permit shall not operate to create or vest any property right in said holder.
4. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance,
safe and/or efficient operation, alteration, or relocation of any or all portion of said highway and/or transportation
facility; the Permittee shall immediately remove any and all installed facilities from said highway and/or transportation
facility, or reset or relocate thereon as required by the Department at the Permittee's expense.
5. All work shall meet Department's Roadway and Traffic Desicin Standards, Specifications for Road and Bridge Construction, and
other applicable criteria in effect at the time of permit issuance. The work shall be performed under the inspection
supervision of , Permit/Maintenance Engineer located at , Telephone
No. This designated engineer shall be notified forty-eight (48) hours prior to the pre -
construction meeting and again immediately before commencement of work. All material and equipment shall be subject to
inspection by the designated engineer or his authorized representative.
6. All Department property shall be restored to its original condition as far as practical in keeping with Department
Specifications, and in a manner satisfactory to the Department, within thirty (30) days of the installation of the permitted
work, unless otherwise approved by the Department.
7. A drawing covering details of this work shall be made a part of this permit. This drawing shall include plan, profile, and
cross sections as appropriate, and may be required to bear the seal of a professional engineer licensed in the State of
Florida. As built drawings are required: Yes ( ) No ( )
8. The Permittee shall commence actual construction in good faith within days from the date of said permit approval
and shall compete construction within days from the commencement of work unless the permittee shows good cause
for delay and the Department approves an extension. No extension beyond one (1) year from the date of issuance of this
permit will be granted.
9. This construction and maintenance shall not interfere with the property and rights of a prior Permittee.
10. Special Conditions and Instructions by the Department:
11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's
right, title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in
interest, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of
Florida and the Department from and against any and all loss, damage, cost, or expense arising in any manner on account of
the exercise or attempted exercise by said Permittee of the aforesaid rights and privileges.
12. During construction through Department acceptance of the permitted work, all safety regulations of the Department shall be
observed and the holder must take measures, including placement and display of safety devices, that may be necessary in
order to safely conduct the public through the project area in accordance with the Department's current edition of the
Roadway and Traffic D sian Standard , Index Series 600, and the Manual of Uniform Traffic Control Devices.
13. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit
is void and the work will be brought into compliance or removed from the right-of-way at no cost to the Department.
Submitted and Agreed to by: Corporate Seal
Signature of Permittee
Name and Title (typed) Attested
Recommended for approval: Title: Date:
Approved by: Date:
District Permit Engineer or Authorized Representative
SUNYISLE.AG 1 1
ATTACHMENT "C"
ATTACH CITY RESOLUTION
SUNYISLE.AG 12
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305)949-3113 fax
David Samson
Mayor
To:
City Commission
Ining Turetsky
Vice Mayor
From:
City Manager
Commissioners
Danny Iglesias
Date:
June 11, 1998
Lila Kaufman
Connie Morrow
Subject:
TURF AND LANDSCAPE MAINTENANCE MEMORANDUM
.lames DiPietro
OF AGREEMENT
City Manager
Lynn M. Dannheisser
CityAttomey
RECOMMENDATION
It is recommended that the City Commission adopt, by resolution, the Florida
Department of Transportation "Turf and Landscape Maintenance Memorandum of
Agreement."
REASONS
The State of Florida has statewide standards for grass cutting and litter removal on
State Roads. The State standard of removing litter and cutting grass once per month
is unacceptable. The City will provide these services much more frequently to the
benefit of residents and visitors alike. Based upon a State per acre formula, FDOT will
pay the City $7,053.12 per year ($1,763.28 per quarter) to maintain Collins Avenue
and Sunny Isles Beach Boulevard.
ADDITIONAL INFORMATION
Sunny Isles Beach will obtain bids to cut the grass at least twice per month. With
respect to litter removal, City staff will accomplish same on a weekly basis.
Respect miffed,
James DiPietro
City Manager
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FLORIDA17=�
DEPARTMENT OF TRANSPORTATION
LAWIOR CHILES 1HOKAS P. SAME Jr.
GOVERROR SECRETARY
District Six Maintenance
1000 N.W. 111 Avenue, Room 6214
Miami. Florida 33172
(305) 470-5434
June 2, 1998
Mr. James DiPietro
City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
RE: Contract No.: To Be Assigned
Fin Project No.: 40339317201
Countv: Dade
Dear Mr. DiPietro:
The City and the Department have expressed a desire to enter into a "Turf and Landscape
Maintenance Memorandum of Agreement". Enclosed you will find the Department documents for
this purpose. The agreement is for a period of three years (annual agreement appropriations shall
be in accordance with Section 287.0582, F.S.) with a renewal option. If the City desires to enter into
this agreement, the four agreements must be executed and return to me by Friday, June 19, 1998 or
sooner if possible.
If you should have any questions concerning this matter, please contact me at telephone number
(305) 470-5434.
Sincerely,
Arnie Fernandez. Jr.
Assistant Maintenance Contracts Administrator
cc: File
Enclosure
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