HomeMy WebLinkAboutReso 2001-404RESOLUTION NO. 2001qhL
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO APPLY FOR,
RECEIVE AND ACCEPT BY EXECUTION OF, A
HIGHWAY LANDSCAPING MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; DIRECTING
THE CITY CLERK TO TRANSMIT CERTIFIED COPIES
OF THIS RESOLUTION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ALL OTHER
PERSONS AS DIRECTED BY THE MAYOR AND CITY
COMMISSION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, many roadside areas and median strips abutting the Florida Department of
Transportation right-of-ways must be maintained and attractively landscaped; and
WHEREAS, the Mayor and City Commission desire that the City of Sunny Isles Beach
beautify and improve various right-of-ways within the City of Sunny Isles Beach by
landscaping; and
WHEREAS, the Mayor and City Commission of the City of Sunny Isles Beach wish to
authorize the City Manager to enter into a Highway Landscaping Maintenance Memorandum of
Agreement between the City of Sunny Isles Beach and the Florida Department of Transportation,
should we be successful in obtaining a grant for the landscape's installation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of City Manager. The Mayor and City Commission of the City of
Sunny Isles Beach hereby authorize the City Manager to apply for, receive and accept by the
execution of, a Highway Landscaping Maintenance Memorandum of Agreement between the
City of Sunny Isles Beach and the State of Florida Department of Transportation, should we be
successful in obtaining a grant for the landscaping.
Section 2. Directive of the Cites. The City Clerk of the City of Sunny Isles Beach is
hereby directed to transmit certified copies of this Resolution to the Department of
Transportation, our landscape architect, and all other persons as directed by the Mayor and City
Commission.
Florida Highway Beautification Agreement 1
Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 131h day of Dece4e4 2001.
ATTEST:
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ly7M. Dannheisser, City Attorney
/ -,
David Samson,
Moved my2 11• IN MPIL)
VOTE: 5-0
Mayor David Samson
yes,,/ no
Vice Mayor Iglesias
yes_ no
Commissioner Edelcup
yes no
Commissioner Goodman
yes no
!�no_
Commissioner Kauffinan
yes
Florida Highway Beautification Agreement 2
v
)/-Voy
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STANDARD WRITTEN AGREEMENT
MODIFICATION # 1
AMENDMENT# 1
Agreement No.: AN307
Financial Project No.: 41381017401
This Agreement made and entered into this day of 2003 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, herein called the "DEPARTMENT' and the
City of Sunny Isles Beach a political subdivision of the State of Florida, existing under
the Laws of Florida, hereinafter called the "AGENCY".
WITNESSETH:
WHEREAS the DEPARTMENT and the AGENCY heretofore on the 71h day of February
of 2003, entered into an Agreement whereby the DEPARTMENT and the AGENCY seek
to beautify and upgrade the landscape of SR-826 (Sunny Isles Boulevard) addressing the
issues referred in the Agency's Grant Application in the Section Project Description; and
WHEREAS, the DEPARTMENT has determined it necessary to amend the
AGREEMENT to modify section 7 on page 3 of the "HIGHWAY LANDSCAPE
GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF AGREEMENT"
NOW, THEREFORE, this Agreement witnesseth the following amendment is made;
Section 7 page 3 shall read as follow: " The DEPARTMENT hereby agrees that, upon
satisfaction of the conditions of paragraph 9 of this Agreement, the DEPARTMENT will
pay the AGENCY the amount of $162,300.00 or 65.6 % of the cost of such installation,
which ever is less, as a grant pursuant to Section 339.2405(11), Florida Statutes. For
purposes of this provision, the cost of such installation may only include cost which are
allowed by Section 339.2405(11), Florida Statutes".
Except as hereby modified, amended or changed, all of the terms and conditions of said
agreement and any amendments thereto will remain in full force and effect.
Agreement # AN307
Financial # 41381017401
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized officers on the day, month and year set forth above.
Name
BY:I'\_i
Authorized Si
(Print /type)
Title:
APPROVED:
Agreement # AN307
Financial # 41381017401
Co j
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
(Print /type)
Title:
FOR DEPARTMENT USE ONLY
2
LEGAL REVIEW:
HIGHWAY LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this .- day of F� 2003
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 political subdivision of the State of Florida,
existing under the Laws of Florida, hereinafter called the "CITY".
WITNESSETH
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, aesthetic and other reasons, has constructed and does maintain the
Landscape on SR 826 (Sunny Isles Boulevard) within the limits outlined in
Exhibit "B" attached hereto and incorporated by reference herein, within the
corporate limits of the City of Sunny Isles Beach, Miami -Dade County, Florida;
and
WHEREAS, the CITY is of the opinion that said highway facilities which
contain sprinkler/irrigation system, trees, palms and groundcovers (the
"Plantings" ) shall be maintained by periodic trimming, cutting, mowing,
fertilizing and necessary re -plantings and repairs; and
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.2fr0(-`{0 attached hereto as Exhibit "A"
and by this Reference made a part hereof, desires to enter into this Agreement
and authorizes its officers to do so; and
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 perform the following standards in a reasonable
manner and with all due care.
The CITY hereby agrees to maintain, at its sole cost and expense the plantings,
following the Department's landscape guidelines, safety and plant care. The
CITY's responsibility for maintenance shall include all landscaped and/or turfed
areas on Department of Transportation right-of-way within the limits of the
project. Such maintenance to be provided by the CITY is specifically set out as
follows: To maintain, which means that proper watering and proper fertilization
of all plants and keeping them as free as practicable from disease and harmful
insects: to properly mulch the plant beds: to keep the premises free of weeds:
to mow and /or cut the grass to a proper length: to properly prune all plants
which includes (1) removing dead or diseased parts of plants, or (2) pruning
such parts thereof which present a visual hazard for those using the roadway.
Contract No. AN307
Financial No. 413810 1 74 01
R
To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project
standards. All plants removed for whatever reason shall be replaced by plants
of the same grade as specified in the original plans and specifications and of a
size comparable to those existing at the time approval is obtained from
deletions. To maintain also means to keep litter removed from the median
strip or landscaped areas within the said project. Plants shall be those
items, which would be scientifically classified as plants and include but are
not limited to trees, grass or shrubs.
The above named functions 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.
2. If at any time after the CITY has assumed the maintenance
responsibility above -mentioned, it shall come to the attention of the
Department's District Secretary, that the limits of Exhibit "B' or a part
thereof is not properly maintained pursuant to the terms of the 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 City Manager to
place said CITY on notice thereof.
Thereafter. The CITY shall have a period of thirty (30) 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) Maintain the landscaping during construction or a part thereof,
with Department or an independent contractor's personnel and deduct
the cost of such work from the CITY's payment for said work or par
thereof, or
(b) Terminate Agreement in accordance with Paragraph 4 of this
agreement and remove, by Department or an independent contractor's
personnel, all of the ground cover and shrubs installed under this
Agreement or any preceding agreements except as to trees and palms
and charge the CITY for the reasonable cost of such removal.
3. It is understood between the parties hereto that the ground cover.
shrubs, trees and palms covered by this Agreement 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 written notice to remove said
ground covered, shrubs, trees and palms after which time, the DEPARTMENT may
remove said ground cover, shrubs, trees and palms.
4. This Agreement may be terminated under any one of the following
conditions under Paragraph 2.:
(a) By the DEPARTMENT, if the CITY fails to perform it's duties
following thirty (30) days written notice.
(b) By the DEPARTMENT, for refusal by the CITY to allow public access
to all documents, papers, letters or other material subject to the
Contract No. AN307 2
Financial No. 413810 1 74 01
provisions of Chapter 119, Florida Statutes an made or received by
the CITY in conjunction with this Agreement.
(c) By either party following sixty (60) calendar days written notice.
(c) By both parties, thirty (30) calendar days following complete
execution by both parties, of an agreement to terminate this
Agreement.
5. It is anticipated that the term of this Agreement will extend
beyond the Department's current fiscal year. 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 Agreement
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 Agreement or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding 1
year, however, contract so made shall be executed only for the value of the
services to be rendered or agreed to be paid for in successing fiscal years.
Accordingly, the State of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature.
6. To the extent provided by law, the City shall indemnify,
defend, and hold harmless the Department and all of its officers, agents, and
employees from any claim, loss, damage, cost, charge, or expense arising out of
any act, error, omission, or negligent act by the City, its agents, or
employees, during the performance of the Agreement, except that neither the
City, its agents, or its employees will be liable under this paragraph for any
claim, loss, damage, cost, charge, or expense arising out of any act, error,
omission, or negligent act by the Department or any of its officers, agents, or
employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have
been caused by the City in the performance of services required under this
Agreement, the Department will immediately forward the claim to the City. and
the Department will evaluate the claim and report their findings to each other
within fourteen (14) working days and will jointly discuss options in defending
the claim. After reviewing the claim, the Department will determine whether to
require the participation of the City in the defense of the claim or to require
that the City defend the Department in such claim as described in this section.
The Department's failure to promptly notify the City of a claim shall not act as
a waiver of any right herein to require the participation in or defense of the
claim by the City. The Department and the City will each pay its own expenses
for the evaluation, settlement negotiations, and trial, if any. However, if
only one party participates in the defense of the claim at trial, that party is
responsible for all expenses at trial.
7. This writing embodies the entire Agreement and understanding
between the parties hereto and there are no other Agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby.
8. 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
Contract No. AN307 3
Financial No. 413810 174 01
upon all claims, questions and disputes shall be final and conclusive upon the
parties.
Hereto.
9. This Agreement may not be assigned or transferred by the CITY, in
whole or in part without prior written consent of the DEPARTMENT.
10. This Agreement shall be governed by, and construed according to the
Laws of the State of Florida. In the event of a conflict between any portion of
the contract and Florida Law, the laws of Florida shall prevail.
11. The parties agree that in the event of any mediation or court
proceeding for the enforcement, defense or interpretation of either party's
rights under this Agreement, the prevailing party shall be entitled to recover
its reasonable attorneys' fees and costs at both the trial and appellate levels.
12. If any term, covenant, condition or provision of this Agreement(or
the application thereof to any circumstance or person) shall be invalid or
unenforceable to any extent, the remaining terms covenants, conditions and
provisions of this Agreement shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of the
agreement between the parties.
13. The parties here by waive trial by jury in any legal proceeding
brought with respect to any matter whatsoever arising out of or in any way
connected with this Agreement or the relationship of City and the Department.
Contract No. AN307 4
Financial No. 413810 1 74 01
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
DOT Approval as to Date
Form and Legality
Approved —as "t('Form Date
City Attorney, City of Sunny Isles Beach
Contract No. AN307 5
Financial No. 413810 1 74 01
STATE OF FLORIDA
TMENT, OF TRANSPORTAHON
By:
t 'cfl Secretary
ATTEST: 1
(SEAL)
Secretary
AGENCY
BY: SEAL)
City Manager,
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OF suo e�
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305)947-5107 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager ov
December 13, 2001
City Commission
David Samson, Mayor
Lila Kauffman, Vice Mayor
Norman S. Edelcup, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Christopher J. Russo, City Manager
Lynu M. Dannheisser, City Attorney
Richard Brown-Morilla, City Clerk
FLORIDA HIGHWAY BEAUTIFICATION GRANT FOR SUNNY ISLES
BOULEVARD (SR826) LANDSCAPING
RECOMMENDATION
It is recommended that the City Commission adopt the attached two resolutions relating to Sunny
Isles Boulevard landscaping improvements. The first resolution authorizes the City Manager to
formally apply for a Florida Highway Beautification Grant based on the landscape architectural
design plans of O'Leary Design Associates. The second authorizes the City Manager to enter into a
Highway Landscaping Maintenance Agreement with the Florida Department of Transportation.
REASONS
The City, being desirous of beautifying the landscaping along Sunny Isles Boulevard (SR826),
contracted O'Leary Design Associates, P.A. (O'Leary) for professional landscape architectural
services. Specifically, O'Leary was hired to prepare conceptual landscaping plans for Sunny Isles
Boulevard and to complete an application for a Florida Highway Beautification Grant. At this time,
O'Leary has completed the plans and the grant application, and staff submits same for Commission
approval.
ADDITIONAL INFORMATION
The Florida Highway Beautification Grant request is for One Hundred Twenty -Three Thousand Six
Hundred Four Dollars ($123,604.00). Acceptance of this grant would commit the City to expend
matching funds, and to enter into a Highway Landscaping Maintenance Agreement with FDOT.
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