HomeMy WebLinkAboutReso 2017-2689 RESOLUTION NO. 2017- Zget
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE
INSTALLATION OF A STREET LIGHTING SYSTEM AND
ASSOCIATED COMPONENTS ON COLLINS AVENUE;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") has entered over the years in
multiple agreements with the FDOT; and
WHEREAS, the FDOT and the City have agreed to enter into several maintenance
memorandum of agreements("MMOA") for certain improvements that are being upgraded; and
WHEREAS, the City and FDOT want to expedite the permitting process for the
installation Streetlights on Collins Avenue; and
WHEREAS, the City Commission wishes to authorize the City Manager to enter into the
Maintenance Agreements for these upgrades.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the Authorization to the City Manager. The City Commission hereby
authorizes the City Manager to execute the Maintenance Agreements with FDOT, attached hereto
as Exhibit"A".
Section 2. Authorization of City Manager. The City Manager is authorized to do all things
necessary to effectuate the terms of the Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of : •ril 20 7.
Georg- . Scholl, Mayor
FDOT Streetlight Maintenance Agreement Page 1 of 2
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`Jane • . ' ine MC, City Clerk
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APPROVED�AS TO FORM
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AND•LEGA l S FFICIENCY:
Amyl
!s! rot, City Attorney
Moved by: CQMy{111SSIONE4 CATO
Seconded by: (C� M4106- GOL1 W1'#/4
Vote:
Mayor Scholl I (Yes) (No)
Vice Mayor Goldman /_(Yes) (No)
Commissioner Aelion -ASSOr (Yes) (No)
Commissioner Gatto ✓(Yes) (No)
Commissioner Svechin /(Yes) (No)
FDOT Streetlight Maintenance Agreement Page 2 of 2
FLORIDA DEPARTMENT OF TRANSPORTATION
LIGHTING SYSTEM AND ASSOCIATED COMPONENTS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF SUNNY ISLES BEACH
This AGREEMENT, entered into on , 20 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
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, hereinafter called the CITY, and collectively
referred to as the PARTIES.
RECITALS :
A. The DEPARTMENT has jurisdiction over State Road (SR) AlA
(Collins Avenue) from Bayview Drive to NE 192nd Street, which
are located within the limits of the CITY; and
B. The CITY, pursuant to Permit Number # 2016 C 691 18, has
drafted design plans for lighting improvements on SR-AlA,
the limits of which are described in the attached Exhibit
'A' (the PROJECT LIMITS) , which by reference shall become
a part of this AGREEMENT; and
C. The CITY will install a new lighting system, and associated
lighting components, along SR-AlA within the PROJECT LIMITS,
in accordance with the design plans for Permit Number # 2016
C 691 18 (the "Project") ; and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting forth
the responsibilities of each party with regards to the
maintenance of the existing and proposed lighting systems
and associated lighting components installed pursuant to the
Project; and
E. The CITY, by Resolution No. , dated
attached hereto as Exhibit 'B' , which by reference shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT and authorizes its officers to do so.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach
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NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the PARTIES covenant and agree as follows :
1 . RECITALS
The recitals in this AGREEMENT are true and correct, and are
incorporated herein by reference and made a part hereof.
2 . ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the existing and proposed lighting systems and
associated lighting components (collectively the
"IMPROVEMENTS") within the PROJECT LIMITS to the CITY upon
the DEPARTMENT' s issuance of the executed Permit to the CITY.
3 . CITY' S MAINTENANCE RESPONSIBILITIES
So long as the IMPROVEMENTS remain in place, the CITY shall
be responsible for the maintenance of the same. The CITY
shall maintain the IMPROVEMENTS in accordance with all
applicable DEPARTMENT guidelines, standards, and procedures,
which shall include but shall not be limited to the
Maintenance Rating Program Handbook, as may be amended from
time to time. The CITY shall further maintain the
IMPROVEMENTS in accordance with the standards set forth in
the Project Plans, and in the Project Specifications and
Special Provisions . The CITY' s maintenance obligations shall
include but not be limited to:
3. 1 General Requirements :
a. Maintaining a service log of all maintenance operations
that sets forth the date of the maintenance activity,
the location that was maintained, and the work that was
performed.
b. Submitting Lane Closure Requests to the DEPARTMENT when
maintenance activities will require the closure of a
traffic lane in the DEPARTMENT' s right-of-way. Lane
closure requests shall be submitted through the District
Six Lane Closure Information System, to the DEPARTMENT' s
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach
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area Permit Manager and in accordance with the District
Six Lane Closure Policy, as may be amended from time to
time.
3 .2 Roadway Lighting Requirements :
The CITY shall be responsible at no cost to the
DEPARTMENT for the maintenance of all the Roadway Lighting
System, and associated components within the project
limits . The CITY shall be responsible for performing the
work described below:
a. The parties herein agree that the lighting system
includes : light poles, attached signs, light fixtures,
luminaire, foundations, pull-boxes, conductors,
conduits, load centers, and all wiring from the tie-in
(service point) location with the power company to the
load center and from the load center to the components
that make up the lighting system.
b. The CITY shall maintain the entire lighting systems at
a minimum of 95% operational at all times .
c. The CITY assumes responsibility for the cost of
electricity, maintenance and repairs to the entire
lighting systems .
d. The CITY is responsible for the removal, disposal and
replacement of knock-down light poles and light poles
foundation caused by traffic accidents in a manner that
will protect the general public.
e . The CITY shall replace stolen wire and any other
component of the lighting system affected by theft and
vandalism. The existing electrical panel and circuit
wires shall be maintained by the CITY.
f. The CITY shall conduct the lighting system work in a
manner as to ensure the least practical interference
with the roadway and pedestrian.
g. The CITY shall perform all work in accordance with the
latest laws of the State of Florida, applicable
municipal ordinances, regulations and requirements of
the Public Services Commission, the current standard of
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the National Electric Code, the latest edition of the
Department of Transportation Standard Specifications
for Road Bridge Construction, and the latest edition of
the Manual on Uniform Traffic Control Devices for
Streets and Highways (MUTCD) and amendments thereto.
h. In the event that the lighting system is damaged due to
construction by the DEPARTMENT, or any third party
permitted by the DEPARTMENT, the lighting system shall
be restored promptly to its original condition by the
DEPARTMENT or the third responsible party at no cost to
the CITY. The CITY shall not be liable for any damages,
claims, losses or actions arising out of such damages .
i . It is understood between the parties hereto that the
Electric System 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.
The CITY shall submit all services logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator as required
in the above maintenance responsibilities .
The DEPARTMENT may, at its sole discretion, perform periodic
inspection of the existing and proposed lighting systems,
and associated lighting components, to ensure that the CITY.
is performing its duties pursuant to this AGREEMENT. The
Department shall share with the CITY its inspection findings,
and may use those findings as the basis of its decisions
regarding maintenance deficiencies, as set forth in Section
4 of this AGREEMENT. The CITY is responsible for obtaining
copies of all applicable rules, regulations, policies,
procedures, guidelines, and manuals, and the Project
Specification and Special Provisions, as may be amended from
time to time .
4 . MAINTENANCE DEFICIENCIES
If at any time it shall come to the attention of the
DEPARTMENT that the CITY' s responsibilities as established
herein are not being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
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issue a written notice, in care of the CITY MANAGER, to
notify the CITY of the maintenance deficiencies . From the
date of receipt of the notice, the CITY shall have a period
of thirty (30) calendar days, within which to correct the
cited deficiency or deficiencies . Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said deficiencies are not corrected within this time
period, the DEPARTMENT may, at its option, proceed as
follows :
a. Maintain the roadway lighting system, or a part thereof
and invoice the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all the roadway lighting system located
within the PROJECT LIMITS, and charge the CITY the
reasonable cost of such removal .
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 certified
U. S. mail, return receipt requested, postage prepaid,
addressed to the party to receive such notices as follows :
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Sunny Isles
18070 Collins Avenue, 3rd Floor
Sunny Isles Beach, Florida 33160
Attention: City Manager
With a copy to: City of Sunny Isles
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, Florida 33160
Attention: City Attorney
City of Sunny Isles
18070 Collins Avenue, 3rd Floor
Sunny Isles Beach, Florida 33160
Attention: Public Works Director
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Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof unless
proof of prior actual receipt is provided.
6 . REMOVAL, RELOCATION OR ADJUSTMENT OF THE ROADWAY LIGHTING
a. The PARTIES agree that the IMPROVEMENTS addressed by
this AGREEMENT may be removed, relocated or adjusted at
any time in the future, at the DEPARTMENT' s sole
discretion. In the event that the DEPARTMENT relocates
or adjusts the roadway lighting system, the CITY' s
maintenance responsibilities will survive the
relocation or adjustment, as long as the materials
remain within the PROJECT LIMITS.
b. In the event that the DEPARTMENT is required to replace
the roadway lighting system at any time as part of
maintenance activities, a roadway project, or related
construction activities, the DEPARTMENT shall replace
the roadway lighting system with a standard lighting
system, and the CITY' s maintenance obligations under
this AGREEMENT shall terminate. However, the CITY may,
with the approval of the DEPARTMENT, upgrade the roadway
lighting system at its sole cost and expense with the
understanding that the CITY shall assume all maintenance
obligations for the upgraded roadway lighting system,
and enter into a new maintenance agreement .
7 . TERMINATION
In addition to the provisions of Section 6 (b) hereunder, this
AGREEMENT is subject to termination under any one of the
following conditions :
a . By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following the
thirty (30) days written notice, as specified in Section
4 of this AGREEMENT.
b. 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 unless the records are
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exempt from Section 24 (a) of Article I of the State
Constitution and Section 119. 07 (1) , of the Florida
Statutes .
c. If mutually agreed to by both parties, upon thirty (30)
days written advance notice. An agreement to terminate
shall be valid only if made in writing and executed with
the same formalities as this AGREEMENT.
d. By the CITY, upon thirty (30) days advance written
notice to the DEPARTMENT.
Prior to termination of the AGREEMENT under this Section,
the CITY shall, at its sole cost and expense, remove all the
proposed lighting systems, and associated lighting
components, to a standard roadway lighting system, in
accordance with the DEPARTMENT' S guidelines, standards, and
procedures, and to the satisfaction of the DEPARTMENT, and
shall further any remaining IMPROVEMENTS, and restore the
area to the same or similar condition as existed prior to
the installment of the IMPROVEMENTS, in accordance with the
DEPARTMENT' S guidelines, standards, and procedures, and to
the satisfaction of the DEPARTMENT.
8 . TERMS
a. The effective date of this AGREEMENT shall commence upon
execution by the PARTIES and shall continue so long as
the IMPROVEMENTS remain in place until termination as
set forth in Section 7 .
b. E-Verify
The CITY shall :
i. Utilize the U. S . Department of Homeland
Security' s E-Verify system to verify the
employment eligibility of all new employees
hired by the Vendor/Contractor during the term
of the contract; and
ii . Expressly require any subcontractors performing
work or providing services pursuant to the state
contract to likewise utilize the U. S . Department
of Homeland Security' s E-Verify system to verify
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach
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the employment eligibility of all new employees
hired by the subcontractor during the contract
term. (Executive Order Number 2011-02)
The CITY shall insert the above clause into any contract
entered into by the CITY with vendors or contractors
hired by the CITY for purposes of performing its duties
under this AGREEMENT.
c. This writing embodies the entire AGREEMENT and
understanding between the PARTIES hereto and there are
no other agreements and understanding, oral or written,
with reference to the subject matter hereof that are
not merged herein and superseded hereby.
d. This AGREEMENT shall not be transferred or assigned, in
whole or in part, without the prior written consent of
the DEPARTMENT.
e . This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the AGREEMENT.
f. Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Leon County,
Florida.
g. A modification or waiver of any of the provisions of
this AGREEMENT shall be effective only if made in
writing and executed with the same formality as this
AGREEMENT.
i . The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
j . No term or provision of this AGREEMENT shall be
interpreted for or against either Party because the
Party or its legal representative drafted the provision.
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k. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768 . 28, Florida
Statutes, as may be amended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT' s sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768 . 28, Florida
Statutes .
9 . INDEMNIFICATION
Subject to Section 768 . 28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly indemnify,
defend, save and hold harmless the DEPARTMENT, its officers,
agents, representatives and employees from any and all
losses, expenses, fines, fees, taxes, assessments,
penalties, costs, damages, judgments, claims, demands,
liabilities, attorneys fees, (including regulatory and
appellate fees) , and suits of any nature or kind whatsoever
caused by, arising out of, or related to the CITY' s exercise
or attempted exercise of its responsibilities as set out in
this AGREEMENT, including but not limited to, any act,
action, neglect or omission by the CITY, its officers,
agents, employees or representatives in any way pertaining
to this AGREEMENT, whether direct or indirect, except that
neither the CITY nor any of its officers, agents, employees
or representatives will be liable under this provision for
damages arising out of injury or damages directly caused or
resulting from the negligence of the DEPARTMENT.
The CITY' s obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT' s option, to
participate and associate with the DEPARTMENT in the defense
and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the CITY' s
receipt of the DEPARTMENT' s notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT' s
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
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•
The CITY shall pay all costs and reasonable attorney' s fees
related to this obligation and its enforcement by the
DEPARTMENT. The indemnification provisions of this section
shall survive termination or expiration of this AGREEMENT,
but only with respect to those claims that arose from acts
or circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY' s evaluation of liability or its inability to
evaluate liability shall not excuse the CITY' s duty to defend
and indemnify the DEPARTMENT under the provisions of this
section. Only an adjudication or judgment, after the highest
appeal is exhausted, specifically finding the DEPARTMENT was
solely negligent shall excuse performance of this provision
by the CITY.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF SUNNY ISLES BEACH: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
• BY BY:
• District Director of
• CITY Manager
Transportation Operations
• .
• _".
. I
• - till_Air.--
' ( -1 ATTEST (SEAL)(SEAL) ATTEST:
• I
CITY ClerS Executive Secretary
• •
LEGAL REVIEW:
(1044—
BY.
BY:
ytt-Yr Att*ney District Chief Counsel
•
•
Maintenance Meinorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach
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EXHIBIT 'A '
PROJECT LIMITS
Below are the limits of the existing and proposed lighting systems,
and associated lighting components, to be maintained by the CITY
under this AGREEMENT.
State Road Number: AlA
Local Street Names : Collins Avenue
Agreement Limits : From Bayview Drive to NE 192nd Street
County: Miami-Dade
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EXHIBIT 'B '
CITY OF SUNNY ISLES BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners .
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