94-21209 Reso RESOLUTION NO. 94-21209
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A HIGHWAY LANDSCAPING MAINTENANCE AGREEMENT WITH
THE FLORIDA,-DEPARTMENT OF TRANSPORTATION (FDOT) FOR THAT
PORTION OF STATE ROAD AlA COMMONLY REFERRED TO AS THE
MACARTHUR CAUSEWAY AND, SPECIFICALLY, FROM THE EAST END
OF WATSON ISLAND TO THE WEST END OF EAST CHANNEL BRIDGE,
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 FDOT has landscaped the areas between the east
end of Watson Island to 5th Street; 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 the
City maintaining said landscaping, pursuant to 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 execute a
Highway Landscaping Maintenance Agreement with the Florida
Department of Transportation (FDOT) for that portion of State Road
AlA commonly referred to as the MacArthur Causeway and,
specifically, from the east end of Watson Island to the west end of
East Channel Bridge, with an annual compensation of $150, 000 to be
paid by the FDOT to the City.
PASSED and ADOPTED this 13th day of ul , 94 .
MAYOR
ATTEST:
FORM ARP CFO
CITY CLERK LEG PT.
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JUN-2S-S4 13 : 36 FROI : FL DOT ID: PAGE 3
HIGHWAY LANDSCAPING
LIMITS FOR
MACARTHUR CAUSEWAY
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CITY OF MIA-M- I BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (306) 673-7782
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and DATE: July 13, 1994
Members of the City Commission
FROM: Roger M. Caft
City Manager
SUBJECT: RESOLUTION APPROVING MEMORANDUM OF AGREEMENT (MOA) WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE
MAINTENANCE OF THE LANDSCAPING FOR STATE ROAD AlA (THE
MAC ARTHUR CAUSEWAY) FROM THE EAST END OF WATSON ISLAND
TO THE WEST END OF EAST CHANNEL BRIDGE FOR AN ANNUAL
COMPENSATION OF $150,000 PAID BY FDOT TO THE CITY .OF
MIAMI BEACHO
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor 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 (FDOT) for the landscape maintenance of the Mac
Arthur Causeway.
BACKGROUND
The FDOT has landscaped the areas between the east end of Watson
Island to the City's 5th Street. This project significantly adds
beauty to the southern entrance to our City, and it is to our
benefit that it maintains its splendor for the enjoyment of our
residents and guests.
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 FDOT 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
Mac Arthur Causeway on an annual basis.
CONCLUSION
It is recommended that the City Commission endorse the attached MOA
with FDOT in the amount of $150, 000'so that the maintenance of the
landscaping on the Mac Arthur Causeway can be initiated.
Attachment
AGENDA
ITEM
DATE I
HIGHWAY LANDSCAPING
MEMORANDUM OF AGREEMENT
2 1 th
This AGREEMENT, entered into this day of MK Rc.lk ,
by the 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 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. 94-21209
dated July 13, 1994 attached hereto as Attachment "A", which
by reference hereto shall 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 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" .
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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 from roadside areas in
accordance with the Maintenance Condition
Standards;
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-up, 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
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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 at any time
the interest of the DEPARTMENT requires 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
permit 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;
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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.
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IN WITNESS WHEREOF the parties hereto have caused these presents to
be executed the day and year first above written.
STATE OF FLORIDA
E OF TRANSPORTATION
BY:
Dis c etary
ATTEST:
xecu ve Secreta y
ITNESS CIT O MIAMI BEAC
-- Y:
Mayor
APPROVED AS TO FORM: APPROVED AS T FORM:
D's rict Vi,/Legal tounsel Ci Attorney
ATTEST: FOjZE OVER
C
%- - il PT.
CITY CLERK (CITY SEAL) By
Date
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