HomeMy WebLinkAboutReso 2004-663
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RESOLUTION NO. 2004- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FROM
THE FLORIDA DEPARTMENT OF .TRANSPORTATION (FDOT),
ATTACHED HERETO AS EXHIBIT "A", FOR THE CONTINUING
MAINTENANCE AND LANDSCAPING OF SR-AIA (COLLINS A VENUE)
AND SR-S26 (SUNNY ISLES BOULEVARD); PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on June 11, 1998, by Resolution No. 98-59, the City Commission approved
and authorized the City Manager to enter into an Florida Department of Transportation
Maintenance Landscaping Memorandum of Agreement ("FOOT Maintenance Agreement") for
maintenance and landscaping of median strips and roadside areas of SR-AIA (Collins Avenue-
from 156th Street to N.W. 196th Street) and SR-826 (Sunny Isles Boulevard - east side of Sunny
Isles Bridge to Collins Avenue), for a period of three years with an option to renew; and
WHEREAS, on April 17, 2001, by Resolution No. 2001-327, the City Commission
approved and authorized the City Manager to renew the FOOT Maintenance Agreement for an
additional three-year period, ending June 30, 2004; and
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WHEREAS, said FDOT Maintenance Agreement has a renewal option which provides
for a renewal if mutually agreed to by both parties and subject to the same terms and conditions
of the original Agreement; and
WHEREAS, the City Manager has determined it would be in the City's best interest to
renew the FOOT Maintenance Agreement for the health, welfare and benefit of the citizens of
Sunny Isles Beach;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Memorandum of Agreement. The City Commission hereby approves
the Memorandum of Agreement from the Florida Department of Transportation (FOOT),
attached hereto as Exhibit "A," for continuing the maintenance and landscaping of SR-AIA
(Collins Avenue) and SR-826 (Sunny Isles Boulevard) for an additional three (3)-year period,
commencing July 1, 2004 through June 30, 2007.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute the Memorandum of Agreement from FOOT, and to do all things necessary to effectuate
same.
Section 3.
Effective Date. This Resolution becomes effective upon adoption.
PASSED AND ADOPTED this 15th day of April, 2004.
FDOT Contract Renewal
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J~e' A.Hines, City' Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
~~
ynn M. Dannheisser
City Attorney
Vote: 5-0
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
~()'es)
V(Yes)
-V(Yes)
';::1Y es)
(Yes)
FDOT Contract Renewal
Moved by:
Seconded by:
_(No)
_(No)
_(No)
_(No)
_(No)
2
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DEPARTMENT OF TRANSPORTATION
TURF AND LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT
WITH
THE CITY OF SUNNY ISLES
This AGREEMENT, entered into this I~ ~ day of
lJ' R_
~ ~- 2004, 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, a municipal corporation of the State of Florida, existing
under the Laws of the State of Florida, herein after called the
C:I,TY.
WITNESSETH
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 of the opinion that said median
strips and roadside areas shall be attractively landscaped with
various flora; 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. :<'DD~-b63
dated ~ril f5fi, Z-ae~, attached hereto as Attachment "e", which by
referen e hereto s all 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:
1. CITY'S MAINTENANCE RESPONSIBILITY
The CITY shall be responsible for the maintenance of all
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
1
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:
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,
deteriorated plants.
diseased or otherwise
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
"South Dade Maintenance Engineer", at fax number (305) 256-6304.
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 IIA", 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.
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
2
4. MAINTENANCE DEFICIENCIES
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
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:
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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.
5 . NOTICES
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 111th Avenue, Room 6214
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY:
CITY OF SUNNY ISLES
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Attention: City Manager
6. 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
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
3
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.
7. METHOD OF COMPENSATION
In accordance with requirements of Section 287.058 (1) (d) ,
Florida Statutes, the DEPARTMENT agrees to pay the CITY
quarterly (each three month period) compensation for the cost
of maintenance as described under Subi terns (1 . 1) through
(1.5) .
The lump sum payment will be in the amount of $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.
8. VENDOR RIGHTS
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.
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
4
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.
9.
PAYMENT ADJUSTMENT
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
anyone 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.
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
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
10.3.
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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 one
(1) year beginning on the date stated in the Notice
To Proceed letter.
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.B., the
Department shall only appropriate the annual amount
of $7,053.12 at the beginning of each Department
Fiscal Year.
12. RENEWAL
In accordance with Section 287.058 (1) (f), Florida Statutes,
this AGREEMENT may be renewed on a yearly basis for a maximum
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, subj ect 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 "All 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.
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
6
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.
15.2.
15.3.
15.4.
15.5.
Plans for any new landscaping shall be subject to
approval by the DEPARTMENT. The CITY shall not
change or deviate from said plans without written
approval by the DEPARTMENT.
All landscaping shall be developed and implemented
in accordance with appropriate state safety and
road design standards;
All requirements and terms established by this
AGREEMENT shall also apply to any additional
landscaping installed under this item;
The CITY agrees to complete, execute and comply
with the requirements of the DEPARTMENT'S standard
permit provided as Attachment liB" (not to actual
size) to this AGREEMENT with by reference hereto
shall be a part of hereof;
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;
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
7
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.
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This AGREEMENT is nontransferable and nonassignable in whole
or in part without consent of the DEPARTMENT.
17.
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
(1997), 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.
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
8
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.
CITY OF SUNNY ISLES
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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ATTEST~~ ~ .JL
, Ci,ny Clerk (Seal)
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Exe"cutive
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APPROVED AS TO LEGAL FORM:
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BY:(~~~
District General Counsel
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
9
ATTACHMENT "A"
Below is the state road, the limits, length and acreage of the
areas to be maintained by the CITY OF SUNNY ISLES under this
AGREEMENT.
,
"
STATE STREET NAME FROM: TO: LENGTH ACREAGE
ROAD NO. (MILES) (MEDIANS)
A1A Collins Avenue 156 Street 196 Street 2.625 3.13
826 Sunny Isles East side of Sunny Collins Avenue 0.5 1.61
Causeway Isles Bridge
TOT AL= 3.125 4,74
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
10
ATTACHMENT
''8 "
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPECIAL PERMIT
District Six
6/95
DATE:
SECTION NO:
COUNTY:
STATE PROJECT NO.
(if applicable)
PERMIT NO. :
STATE ROAD NO. :
MILEPOST FROM:
RECORD NO.:
TO:
APPLICANT:
ADDRESS:
CIT~:
\
STATE:
ZIP CODE:
TELEPHONE NO.:
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:
Name of municipality:
Yes ( )
Local
No {
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 to the following
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 Desiqn 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:
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
11
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 Desiqn Standards, 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
Rec3mmended for approval:
Title:
Date:
Approved by:
Date:
District Permit Engineer or Authorized Representative
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
12
Memorandum of Agreement
Contract No. BD947
Financial Number: 40339317202
ATTACHMENT "C"
ATTACH CITY RESOLUTION
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