94-21210 RESO
RESOLUTION NO.
94-21210
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO A HIGHWAY LANDSCAPING MAINTENANCE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR
THAT PORTION OF STATE ROAD 1-195 COMMONLY REFERRED TO AS
THE JULIA TUTTLE CAUSEWAY AND, SPECIFICALLY, FROM THE
EAST END OF THE WESTERNMOST BRIDGE TO ALTON ROAD,WITH AN
ANNUAL COMPENSATION OF $150,000 TO BE PAID BY THE FDOT TO
THE CITY.
WHEREAS, many roadside areas and median strips abutting
Florida Department of Transportation (FDOT) right-of-way areas must
be maintained and attractively landscaped, and
WHEREAS, the Mayor and City Commission adopted Resolution No.
94-21011 on January 5, 1994, establishing the Julia Tuttle causeway
Landscape Beautification Program, and
WHEREAS, the FDOT has participated in this beautification
Program by contributing $144,763 for the construction and
additional landscape of the areas between the two high bridges; and
WHEREAS, the FDOT has agreed to compensate the City $37,500
per quarter, for a total of $150,000 per year for the cost of
maintaining said landscaping as per the attached Highway
Landscaping Memorandum of Agreement.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to enter into
the attached Highway Landscaping Maintenance Agreement between the
city of Miami Beach and the State of Florida Department of
Transportation for State Road 1-195 (JUlia Tuttle Causeway) from
the East end of the westernmost bridge to lton Road, with an
annual compensation of $150,000 to be paid the FDOT to he city.
PASSED and ADOPTED this 13th
~
ATTEST:
rz"rJv--~~~
CITY CLERK
IN WITNESS WHEREOF the parties hereto have caused these presents to
be executed the day and year first above written.
BY:
STATE OF FLORIDA
OF TRANSPORTATION
APPROVED AS TO FORM
ATTEST:
Counsel
~d--e- ~
APPROVED AS TO
~S~
CITY CLERK (CITY SEAL)
By
~
ATTEST:
Date
5
CITY OF MIAMI. BEACH
COMMISSION MEMORANDUM NO.
4'l/,,-q1
TELEPHONE: (305) '73.7010
FAX: (305) 173-71'2
OFFICE OF THE CITY MANAGeR
TO:
Mayor Seymour Gelber and
Members 01 the CIty Commission
RogerM. Ca n. f\ I/'
CIlyManager~
DATE:
July 13, 1994
FROM:
SUBJECT:
RIlBOLlITIOII APPROVING ICIUlORUlIlUII 0' AGRBIXBJIT (KU) WITB
TO 'LOUDA DIIPUTJlBJIT 0' TIlMBPORTATIOB ('DOT) POR TBII
KAIBTBBAJlCII 0' Tn LABDBCAPING 'OR 1-195 (Tn JULIA
TlITTLB CAUBBWAY) PROM Tn BABT III1D 0' TIll WBBTIIRJlKOBT
BRIDGII TO ALTOB ROAD 'OR AB ABBUAL COMPIIBBATIOB 0'
$150,000 PAID BY 'DOT TO TO CITY 0' KIAKI BIIACB.
ADMINISTRATION RECOMMENDATION
It is recommended that the Kayar and City Commission endorse the
attached Resolution authorizing the Mayor and City Clerk to execute
the Memorandum of Agreement (MOA) with Florida Department of
Transportation (FOOT) for the landscaping maintenance of the Julia
Tuttle Causeway.
BACKGROUND
The city commission adopted Resolution 110.94-21011 on January 5,
1994, establishing the Julia Tuttle Causeway Landscape
Beautification Program. The FDOT has participated in this
beautification program by contributing $144,763 to the construction
and additionally landscaped the areas between the two high bridges.
To ensure the maintenance levels meets acceptable standards of the
city of Miami Beach FDOT has agreed to compensate the city $37,500
per quarter for a total of $150,000 per year for the cost of
maintaining said landscaping as per the attached Highway Landscape
Memorandum of Agreement.
ANALYSIS
In order to take advantage of the FOOT funding, the City must enter
into the attached MOA. This funding will compensate the City for
the costs associated with the maintenance of the landscaping at the
JUlia Tuttle Causeway on an annual basis.
CONCLUSION
It is recommended that the city Commiseion endorse the attached MOA
with FOOT in the amount of $150,000 so that the maintenance of the
landscaping on the Julia Tuttle Causeway can be initiated.
Attac:hment
14
AGENOA
ITEM
c -~- ~
7-13-qJ
DATE
JUN-2S-84 13.38 FROM. FL DOT
10,
PAGE
2
HIGHWAY LANDSCAPING
LIMITS FOR
JULIA TUTTLE CAUSEWAY
EXHIBIT "A"
............~..~...==.S...R..=.eB.*M_.__...~.._.~=~==============
STATE
ROAD
NO.
STREET
HAMIll
LIMITS
_...m.a.....==e=.a.=...=..=...=.dM~S~~~.~_.&__.~=================
sa 1-195
JULIA TUTTLE
CAUSEWAY
O~MILES EAST OF SR 5 TO ALTON RD.
71. MILE
.__.._._.__.._._._.=~=~=~..s._a....~.s..._______._...~===~~=:=c=
HIGHWAY LANDSCAPING
MEMORANDUM OF AGREEMENT
This AGREEMENT, entered into this cJ Y :kI day of !luFfRus-..f-- ,
1994, by the and between the STATE OF FLORIDA, DEP TMENT OF
TRANSPORTATION, a component agency of the State of Florida,
hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a
political subdivision of the State 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
has created roadside areas and median strips on that part of the
State Highway System described by Exhibit "A", which by reference
hereto, shall become a part hereof, within the corporate limits of
the CITY; and
WHEREAS, the CITY is of the opinion that said median strips and
roadside areas shall be attractively landscaped with various flora;
and
WHEREAS, the parties hereto recognizes the need for entering
into an agreement designating and setting forth the responsibility
of the parties; and
WHEREAS, the CITY, by Resolution No. 94-21210
dated July 13. 1994 ,attached hereto as Attachment "A",
by reference hereto shall become a part hereof, desires to
into this Agreement and authorizes its officers to do so.
,
which
enter
NOW THEREFORE, for and in consideration of the mutual benefits
to flow each to the other, the party covenants and agrees as
follows:
1. The CITY shall be responsible for maintenance, of all
landscaped and/or sodded areas within the DEPARTMENT
right-of-ways shown within Exhibit "A",
1
The DEPARTMENT agrees to pay to the CITY quarterly (each
three month period fOllowing a Notice to Proceed)
compensation for the cost of maintenance, as described in
Item (1) A through (1) E of this Agreement. The lump sum
payment will be in the amount of $37,500.00 dollars per
quarter for a total sum of $150,000.00 dollars per year.
It is the DEPARTMENT'S responsibility for the total
annual cost. For the purpose of this Agreement, or as
noted in Exhibit "A", the maintenance to be provided by
the CITY is defined as follows:
A. To mow, cut and edge the grass or turf in
accordance with the State of Florida "Guide for
Roadside Mowing" (1991) and Maintenance Conditions
Standards;
B. To properly prune all plants which includes:
(1) Tree trimming in accordance with Maintenance
Conditions Standards;
(2) Pruning such parts thereof which may present a
visual or other safety hazard for those using
or intending to use the right-of-way;
C. To remove dead, diseased or otherwise deteriorated
plants;
D.
To keep litter removed
accordance with the
Standards;
from roadside
Maintenance
areas in
Condition
E. To remove and dispose of all trimmings, roots,
litter, etc. resulting from the activities by A
through D inclusively as described above.
2. The CITY shall be responsible for clean-uPr removal and
disposal of debris from DEPARTMENT'S right of way, having
limits as described by Exhibit "A", or subsequently
amended limits mutually agreed to in writing by both
parties, following a natural disaster (i.e. hurricanes,
tornadoes, etc.).
3. 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 is not being properly accomplished
pursuant to the terms of this Agreement, said DISTRICT
MAINTENANCE ENGINEER shall issue a written notice in care
of the OFFICE OF THE CITY MANAGER (Attn.: Roger Carlton),
city of Miami Beach, City Hall, 1700 Convention Center
Drive, Miami Beach, FL 33139, to place the CITY on notice
2
thereof. Thereafter the CITY shall have a period of
thirty (30) calendar days from receipt within which to
correct the cited deficiency or deficiencies.
If said deficiencies are not corrected within this time
period the DEPARTMENT will maintain the roadside area
declared deficient and the actual cost for such work will
be billed to the City.
4. 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.
5. This Agreement or part thereof is subject to termination
under the following conditions:
A. As mutually agreed to by all parties with a thirty
(30) day written notice;
B. By the DEPARTMENT, if the CITY fails to correct the
cited deficiency or deficiencies within the time
allowed, as set forth in Paragraph 3 above;
C. By the DEPARTMENT, in whole or in part a~ any time
the interest of the DEPARTMENT requ~res such
termination, but in no event without less than (30)
thirty days written notice.
6. The CITY, and the DEPARTMENT each bind themselves and
their successors to the obligations respectively assumed
by each hereunder.
Neither party shall assign, subject or transfer its
interests under this Agreement without the prior written
consent of the other.
7. The CITY may construct additional landscaping within the
limits of the right-of-ways identified as a result of
this Agreement, subject to the following conditions:
A. Plans for any new landscaping shall be sUbject to
permi t approval by the DEPARTMENT. The CITY shall
not change or deviate from said plans without
written approval by the DEPARTMENT;
B. All landscaping shall be developed and implemented
in accordance with appropriate state landscaping,
safety and road design standards;
3
C. All requirements and terms established by this
Agreement shall also apply to any additional
landscaping installed under this item;
D. The CITY agrees to complete, execute and comply
with the requirements of the DEPARTMENT'S standard
permit provide as Attachment "B" to this Agreement
which by reference hereto shall be part of hereof;
E. In the event this Agreement is terminated as
established under Paragraph 5 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 Agreement. The CITY shall provide
this maintenance at no cost to the DEPARTMENT.
8. The CITY desires to enter into this Agreement only if in
so doing the CITY can place a limit on the city's
liability for any cause of action or money damages due to
an alleged breach by the CITY of this Agreement, so that
its liability for any such breach never exceeds the
project cost, or $150,000. Accordingly, and
notwithstanding any other term or condition of this
Agreement, the DEPARTMENT hereby agrees that the CITY
shall not be liable to the DEPARTMENT for damages in an
amount in excess of the project cost, or $150,000, for
any action or claim for breach of contract arising out of
the performance or non-performance of any obligations
imposed upon the CITY by this Agreement. Nothing
contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the
limitation placed upon CITY's liability as set forth in
Florida Statutes, Section 768.28.
9. 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.
10. This Agreement, regardless of where executed shall be
governed by, and constructed according to the laws of the
State of Florida.
4