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RESOLUTION 89-19704 RESOLUTION NO. 89-19704 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF COLLINS AVENUE AND ALTON ROAD, AND RENEWALS THEREOF. Whereas, Alton Road and Collins Avenue are roads under FLORIDA DEPARTMENT OF TRANSPORTATION jurisdiction which are located within Miami Beach City limits; and Whereas, the City Commission deems it desireable to have these roads attractively landscaped and well maintained; and Whereas, the FLORIDA DEPARTMENT OF TRANSPORTATION has offered to partially compensate the City in accordance with State minimum standards, for work now performed by City crews on those roads. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 1. That the City Commission authorize the Mayor and City Clerk to enter into the attached Highway Landscaping Memorandum of Agreement. 2 . That the Mayor and City Clerk be authorized to renew the agreement from year to year as long as it is in the best interest of the City. PASSED and ADOPTED this 6th day of September , 1989 /0°! ;;E spy - MAYOR ATTEST: CITY CLERK FORM APPROVED LEGAL DEPT. By Date - f q// / eeee, °IL/ C BGG Oead4frtot FLORIDA 3 3 1 3 9 C I tINCORP ORATED *; •• CA , VA`/1 1 U N L A N D II. S. ,t. .. OFFICE OF THE CITY MANAGERCITY HALL ROB W.PARKINS V(‘ tt 1700 CONVENTION CENTER DRQ'? CITY MANAGER1,9 1(\ 01 v1( TELEPHONE° 673-7010 jy COMMISSION MEMORANDUM NO. -4/7T DATE: September 6, 1989 TO: Mayor Alex Dao • and Members of e City Commi .ion FROM: Rob W. Par • s /1/1" City Manager ,/ g,SU BJ ECT: RESOLUTION A THORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION In February, 1989, Parks Division personnel brought to our attention the possibility that reimbursment might be available for landscape maintenance activities performed by City staff on State Roads within the City. The roads in question are Collins Avenue between 5th Street and 74th Street, and Alton Road between 5th Street and 63rd Street. The landscaping adjacent to these roadways, although under. the jurisdiction of the Florida Department of Transportation, is maintained at this time by City personnel without compensation. The Florida Department of Transportation has responded to our request for compensation with an offer to pay the City of Miami Beach $ “25,056 per year for performance of a basic level of landscape maintenance. ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission authorize the Mayor and City Clerk to execute the attached Memorandum of Agreement. AGENDA ITEM DATE CITY OF MIAMI BEACH TO: Bill Irvine DATE: 7/11/90 Director Parks :j Recreation FROM: Elaine M. Baker City Clerk SUBJECT: Highway Landscaping Memorandum of Agreement with the State of Florida Department of Transportation for the maintenance of Collins Avenue and Alton Road and renewals thereo . Enclosed are 3 copies of the above noted Agreement, together with a copy of the authorizing Resolution No. 89-19704, which have been executed by the City. Please forward all copies to the appropriate official for signature, with the request that the blue-backed copy and one original be returned to the attention of Mercy Williams in this office. Would you also please copy her on your letter of transmittal. She will subsequently forward a fully executed. set to you for your files. j . Thank you. .2114 IklAmtl'4/)' 14);(fr 41/1/60,4,p) ()fil4tij jiver) ,ert# 74"1:121t'l frtAkfr 0P.7::/ 1 ick ��- /97e,s�/D//D/ �ycc'' q-6-69 ".'ti's- tilovt44,t - ?-44-`) "41-*-t t." - 0C &. /44-P/" k;- 6"7tA ' At' ,/%;" itef .444 et:24/7. • ti/14„,_ 5z,e- t-v\-4 44;4-1 JA-4.2 C-e4;e6. mow.--� '�- -�-'� a4`-44 4Twutu 9/'x/ 9'9 - /9, / 97o / C /971,0 igerz �Gl90 LlcA-.., ccait-d 4v L.zteJ1,%,-vtl,..e_ sd'�,l,n.o +l< <_u,,j- -�A -ecec.,.).cd ( d LeLQ,tP4 l,-Q_ Lk As 02,w4. of -['� Std- — kQQ-Q L�..2v� w�i'�.. U Mv..,..R a„^d 1U)k- 1'vyw' Flo � (w-to e-A. bvi/te &ej f-o .ltrza. ll .1161q0 Acc, Atev04/ -a/t1 0,! _4/ . IMPI""" • 00 • ,A4,41p4.) kte-t) CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 PARKS AND RECREATION DEPARTMENT Date: 07/I3/90 TELEPHONE: 673-7730 FLORIDA DEPARTMENT OF TRANSPORTATION 1000 N.W. 111 Street Miami, FL. Attention Mary Baily Dear Ms. Bally; Enclosed you will end three (3) copies of our landscaping agreement for Alton Road and Collins Avenue and its authorizing resolution. Please sign all three copies and return the blue backed copy to: The City of Miami Beach City Clerks Office 1700 Convention Center Drive Miami Beach, FL. 33139 Attn: Mercy Williams Please send t{ie subsequent notice to proceed to: The City of Miami Beach Parks & Recreation Department 1700 Convention Center Drive Miami Beach, FL. 33139 Attn: Bill Irvine Thank you for your assistance in this matter, and please call me at 673-7720 if there are any problems. Sincerely, / - 1-7 Dan Keys cc: Mercy Williams - City Clerks Office 1111 FLORIDT1!! L DEPARTMENT OF TRANSPORTATION BOB MARTINEZ BEN G.WATTS GOVERNOR mimmin SECRETARY MEM 1PF District Six Contracts Office 1000 N.W. 111th Avenue Miami, Florida 33172 May 25 , 1990 Certified Mail Return Receipt Request No : P 325 954 275 City Manager City of Miami Beach 1700 Convention Center Drive. Miami Beach, FL 33139 Dear Sir: RE: "Landscaping Agreement. " The Department is looking forward to working with you for our upcoming fiscal year that begins on July 1 , 1990 through June 30 , 1990 . This agreement shall be contingent upon the availability of funds . Enclosed please find two ( 2 ) copies Landscaping Agreement. Please sign and notarize both copies , return both original documents to me within 10 working days . In addition, I need you to attach the Resolution which shall be specified as Exhibit "B" . Please leave "THIS AGREEMENT, ENTERED INTO THIS DAY OF , 1990" blank. If the agreement is executed by the Department, you will receive an executed copy of this agreement and Notice To Proceed under separate cover. Service under this Agreement will not be done till the Notice To Proceed is issued. If you have any questions or concerns , please contact me at ( 305 ) 470-5324 . Sincerely, 10#tA 8 PY4.- Mary liley Assistant Contras s Administrator cc: N. Markowitz , J . Fernandez , W. Frances f S .17,D sfft -; 11: L 4 4 'i i i ti • !! 3• 4 1 1 Loy 411 CITY OF MIAMI BEACH 1 • • TO: Rob W Parkins, City Manager � r, Date: 6/08/90•av- - " Ronald L. Rumbaugh, Assistant City Manager FROM: William N. Irvine, Parks and Recreation Director • SUBJECT: Department of Transportation landscape maintenance contract The attached contract has been reviewed and it meets with our approval. There are slight . PP g differences between the original contract and this one, however, they are of no substantial concern. A resolution (copy attached) which was passed in September of 1989, authorized the execution of the original contract. Elaine Baker advises that there should be noP roblem with substituting in the amended document as long as it was first reviewed and approved by the cityattorn�. We recommend that the city attorney review the new contract and ifit meets with his approval it pP it should be returnedwiththe signed resolution as requested in the Department � pof • Transportation's cover letter. d 1 w,.. •w.•y; +. r ..a .. ti... FLORIDA DEPARTMENT QF TRANSPORTATION SOd MAATfMCZ RRAYL R.fitt'mClClOA 00'VCAAOR SCC*L?AKY 7-7 aiuU7 District Maintenance Office CITY MANAGER'S 1000 N.W. 111th Avenue Miami, Florida 33172 July 14, 1989 Mr. Rob Park ins City Manager 1700 Convention Center Drive Miami, Beach, Florida 33139 • Dear Mr. Parkins: RE: Landscaping Agreement Some months ago the City made a request to have Alton Road and Collins Avenue included in an agreement with the Department for landscaping. At that time, we indicated we. could not enter into an agreement until the new fiscal year. Attached, is a draft agreement for landscaping on both Alton Road and Collins Avenue. The money will be based on the Department's cost to maintain the grass areas. If the City agrees with this plan, please return the copy with any comments you or your staff may wish to make. When we receive the draft, we will start processing the agreement. If you have any questions, please give me a call at 470-5365. Si e - 7 ; G=.. Fisher "istrict Roadside Engineer GFS:nrn 01:CSVE Enclosure s 9S9- cc: Gus Pego e9 IP " JorgeFernandez g Q -1) RE HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT This AGREEMENT,entered into this day of , 1990 ,by and between the STATE OF FLORIDA, Department of Transportation, a component agency of the State of Florida ,hereinafter called the DEPARTMENT and CTY OF MIAMI BEACH, a political subdivision of the State of Florida, existing under the Laws of the State of Florida, herein after 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 apart 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. 90-19704 dated September 6, 1989, attached hereto as Attachment "B" , which by reference hereto shall become a part hereof , desires to enter into this Agreement and authorizes its officers to do so. Page 1 NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties convenant and agree as follows : 1 . The CITY shall be responsible for maintenance, of all landscaped and/or turfed areas with a frequency of 12 cycles within DEPARTMENT right-of-ways having limits described by attachment "A" , or subsequent amended limits mutually agreed to in writing by both parties . For the purpose of this agreement or • as noted in attachment "A" the maintenance to be provided by the CITY is defined as follows: A. To mow, cut and/or trim the grass or turf in accordance with the State of Florida "Guide for Roadside Mowing" ( 1977 ) and the Maintenance Condition Standards. B. To properly prune all plants which includes : ( 1 ) Tree trimming in accordance with the Maintenance Condition 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 median strip and roadside areas in accordance with the Maintenance Condition Standards; E. To remove and dispose of all trimmings, roots , litter etc. resulting from the activities described by A through D inclusively as described above. 2 . The CITY shall not be responsible for clean-up, removal and disposal of debris from the DEPARTMENTS 'S right of way having Page 2 limits described by Attachment "A" , 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. 3 . The CITY agrees to indemnify and save the DEPARTMENT harmless , to the extent of the limitations included within Florida Statutes , Section 768 . 28 , From and all claims, liability, losses , and causes of actions which may arise solely as a result of the CITY' S negligence ; however nothing in this section shall indemnify the DEPARTMENT for any liability or claim arising solely out of the negligence,performance, or failure of performance required of the DEPARTMENT or as a result of the negligence of any third party. 4 . 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, 1700 Convention Center Drive, Miami Beach, Florida 33139 , to place said CITY on notice thereof . Thereafter the CITY shall have a period of ( 30 ) thirty 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 : A. Maintain the median strip or roadside area declared deficient with DEPARTMENT or a Contractor ' s material, Page 3 equipment and personnel . The actual cost for such work will be deducted from payment to the CITY or B. Terminate this agreement in accordance with Item seven ( 7 ) of this Agreement. 5 . 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. 6 . The DEPARTMENT agrees to pay the CITY quarterly ( each three month period) compensation for the cost of maintenance as described under Items One ( 1 ) A through one ( 1) E of this agreement. The lump sum payment will be in the amount of -0 dollars for a()5OO.Oo pertotal sum of quarter dollars per year. In the event this agreement is terminated as established by Item Seven ( 7 ) herein, no payment will be prorated for the quarter in which termination occurs for the work that has been completed. 7 . This agreement or part thereof is subject to termination under any one of the following conditions : A. In the event the DEPARTMENT exercises the option identified by Item four ( 4 ) of this agreement. B. As mutually agreed to by both parties with a ( 30 ) thirty day written notice. 8 . The terms of this Agreement commences on the date a written notice to proceed is issued to the CITY MANAGER by Page 4 the DEPARTMENT' s CONTRACT MANAGER and continues for 365 days . In the event this agreement provides for contract renewals , said agreement may be renewed on a yearly basis for a maximum of two ( 2) years after the initial contract only if mutually agreed to in writing by the Department and the Contractor, subject 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. This contract does include renewal options and/or may be extended for 365 days upon written approval by both parties ( i.e. , the CITY MANAGER for the CITY and the DISTRICT SECRETARY for the DEPARTMENT ) ,It is further understood that Attachment "A" may be amended or changed at any time, including but not limited to the beginning of the contract start date which is after the issuance of the Notice To Proceed or at any time during the contract period as mutually agreed upon in writing by both parties. Payment as specified in Item Six ( 6 ) above shall reflect such amendment or change. 9 . 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. A. 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. B. All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards ; C. All requirements and terms established by this agreement shall also apply to any additional landscaping installed Page 5 under this item; D. The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT' S standard permit provided as Attachment "C" to this agreement with by reference hereto shall be a part of hereof; E. No change will be made in the payment terms established under item number six ( 6 ) of this agreement due to any increase in cost to the CITY resulting from the installation and maintenance of landscaping added under this item; F. In the event this agreement is terminated as established under item number ( 7 ) 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. 10. 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. 11 . This agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 12 . This agreement, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. Page 6 LANDSCAPING AGREEMENT WITH THE CITY OF MIAMI BEACH. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY District Secretary ATTEST: Executive Secretary WITNESSES CITY //B /BY: Pr ` MAYOR BY: )->‘ a/itCITY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: District VI Legal Council City Attorney "7/Vtd Page 7 ATTACHMENT "A" SECTIONS INCLUDED IN THE LANDSCAPING MAINTENANCE AGREEMENT BETWEEN THE DEPARTMENT AND THE CITY OF MIAMI BEACH STATE ROAD SECTION STREET LEN GH SITE # NUMBER NUMBER NUMBER FROM TO (MILES) ACREAGE 1 A-1-A 87060 Collins Ave. N.E. 5th Street N.E. 74th Street 5.8 5.8 2. 907 • 87037 Alton Road - N.E. 5th Street N.E. 63rd Street 4.9 5.8 TOTAL 10.7 11.6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT "C" SPECIAL PERMIT PERMIT MO ;tion State Road County Telephone Number _ ,rmission from the State of Florida Department of Transportation, hereinafter called the Department , cPerate and maintain • onstruction, Street Name, intersect on, Milepost ort �-'— ---- S anon. osed work is within corporate limits of municipality. Yes ( ) No of municipality icant declares that pr or to filing this application he has ascertained the location f allexis existing ities, both aerial and underground and the accurate locations are shown on the sketches. t g tter of notification was mailed on to the following utilities/municipalities. s expressly stipulated that this permit is a license for permissive use ' -'� public property pursuant to this permit shall not operate to only and that tine const►-uct�on holder. create or vest any property right in ever it is determined,by the Department that it is necessary for the construction, repair,i r improvement, tenance, safe and efficient operation, alteration, or relocation of all, or anyP - or that it is necessary for the construction, modification, or safe andefficientportion of such high- or of any public transportation facility, any and all facilitiesh operation and main- highway or reset or relocated thereon as required by the Department,s all be immediately removed from all at the expense of the Per- ee.work shall meet Department Standards & Specifications and be performed under the , Permit/Maintenance Engineer, located at inspection supervision ida, Telephone Number __- ___• materials and equipment shall be subject to inspection by the Maintenance Engineer or esentative. 9 his authorized Department property shall be restored to its original condition as far asractical rtment Specifications, and in a manner satisfactory to the Department, p in keeping with installations shall conform to the Department's Standard Specifications for Road that is in effect the date permit is approved. and Bridge Construc- etch covering details of this work shall be made a part of this permit. Permittee shall commence actual construction in good faith within da s from date ' ap- al and shall be completed within Y of said permit construction shall not interfere with the propertydays. ial Conditions by Department and rights of a prior Permittee. ial Instructions by Department s understood and agreed that the rights and privileges herein set out are granted only le State's right, title and interest in the land to be entered upon and usd bythe holder.to the extent it holder will at all times assume all risks of and indemnify, defend and saveh sTheSta ida and the Department from and against all loss, damage, costs, or expense i harmless anythe manneer of gnt of the exercise or attempted exercises by said permit holder of theaforesaide sinr in manner on s regardless of the apportionment of negligence to the rights and privi- � parties,involved. The permit holder, there- , agrees to indemnify the Department for the agency's own negligence. Theerrni ttee sh department safety regulations during construction. The permit holder must p al theespub- through the project area in accordance with the FHWA Manual on Unif safely conduct pub- the Departmental Manual on Traffic Control and Safe Practices, orm Traffic Control Devices by displaying the necessary safety :es and taking whatever other measures are required or appropriate. It is s ecifi the limits of this indemnification will be equal to those limits established tally undarureod she section 768.28, F.S. , or any successor legislation in effect atthed by the Legislature un- ig construction, all safety regulations of the Department shall issuance of the permit. fres, including placing and displaying of safetydevices, be observed and the holder must tare pct the public through the that may be necessary in order to safely 9 project area in accordance with the Department's Manual on Traffic Controls ;afe Practices for Street and Highway Construction, Maintenance and Utili ►ffice of the Engineer designated in paragraph five (5) shall be » ty Operations and urs h1UTCD. ofi • to the Pre-construction meeting and again immediately before cfled twenty-four (24) hours se of non-compliance with the Department's re gr i commencing work. t this permit is void and the work will have tobeenbroughtthis into comp1iante or removed from the -of-Way at no cost to the Department. by: Signature of Permittee(If Corporation, place seal & attest Corporate Seal Name and Title --- uction is proposed or underway, Yes( ) Job No. Attested r approval Title Date Title Date ORIGINAL RESOLUTION NO. 89-19704 Authorizing the Mayor and City Clerk to execute a highway landscaping memorandum of agreement with the State of Florida Department of Transportation for the maintenance of Collins Avenue and Alton Road.