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HomeMy WebLinkAboutReso 2001-404RESOLUTION NO. 2001qhL - 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, troy .v �9 Aso' s. yr FLOG os 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. CJR/pw Fdot - linnuuficaunn Grant App & Plans Agenda \lemo