95-21600 Reso Incomplete
RESOLUTION No. 95-21600
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE
MEMORANDUM OF AGREEMENT (MOA), CONTRACT No. B-9558,
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR THE MAINTENANCE OF THE LANDSCAPING FOR SR AlA (MAC
ARTHUR CAUSEWAY) FROM THE EAST END OF WATSON ISLAND TO
THE WEST END OF EAST CHANNEL BRIDGE.
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 Florida Department of Transportation has installed extensive landscaping on the
Mac Arthur Causeway between the east end of Watson Island and the west end of East Channel Bridge; and
WHEREAS, this beautification program significantly enhances the beauty of the southern entrance
to the City of Miami Beach; 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 Highway Landscaping
Memorandum of Agreement approved by Resolution No, 94-21209 on July 13, 1994; and
WHEREAS, the Florida Department of Transportation has determined it necessary to amend the
Memorandum of Agreement to incorporate provisions and conditions mandatory under Section
287,058(1)(a)(c)(d)(e)(f) and Section 339,135(6)(a) of the Florida Statutes when procuring contractual
servIces,
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are
authorized to execute the attached Amendment No, 1 to the Memorandum of Agreement (Contract No, B-
9558) currently in effect between the Florida Department of Transportation and the City of Miami Beach
for the maintenance of the landscaping for SR AlA (Mac Arthur Causeway) from the east end of Watson
Island to the west end of East Channel Bridge,
FO~AP VED
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By tu~.4-.---",~ '~
Date .-r;- ;, / '9 r
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PASSED AND ADOPTED THIS
ATTEST:
~~.~-[~
CITY CLERK
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~ ~O - t1S
TO:
Mayor Seymour Gelber and
Members of the City Commission DATE: June 7, 1995
Jose Garcia_pedros!L
City Manager
A RESOLUTION THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT
(MOA), CONTRACT No. B-9558 PREVIOUSLY APPROVED BY THE CITY
COMMISSION ON JULY 13, 1994, PER RESOLUTION NO. 94-21209, WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE
OF THE LANDSCAPING FOR SR AlA (MAC ARTHUR CAUSEWAY) FROM THE
EAST END OF WATSON ISLAND TO THE WEST END OF EAST CHANNEL
BRIDGE.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission approve the attached Resolution
authorizing the Mayor and City Clerk to execute Amendment No, 1 to the Memorandum of Agreement
currently in effect between the Florida Department of Transportation and the City of Miami Beach for the
landscape maintenance of the Mac Arthur Causeway, Contract No, B-9558,
BACKGROUND:
The Florida Department of Transportation (FDOT) has extensively landscaped the Mac Arthur Causeway
between the east end of Watson Island to the east end of the channel bridge. This landscape project, which
exceeded $1,000,000 when installed, significantly contributes to the beauty of the southern entrance of our
City, and therefore it is to our benefit it maintain its splendor for the enjoyment of our residents and guests.
The City Commission adopted Resolution No, 94-21209 on July 13, 1994, approving the Memorandum of
Agreement with the Florida Department of Transportation (FDOT) for the landscape maintenance of the
MacArthur Causeway by the City of Maim Beach, FDOT agreed to compensate the City $37,500 per
quarter for a total of $150,000 per year for the cost of maintaining said landscaping,
Continued...
AGENDA ITEM
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DATE
COMMISSION MEMORANDUM
Page 2
ANALYSIS:
In order to ensure the continuance of the FDOT funding for the landscape maintenance of the Mac Arthur
Causeway, the City must modifY the existing Memorandum of Agreement to include the attached
Amendment No, 1, The City is presently in the first quarter of the first year of this agreement and will be
submitting an invoice to FDOT for $37,500 in the near future, Execution of the Amendment No, 1 will
insure no delay in this reimbursement process,
The points of the Amendment No. I are predominantly for clarification purposes only and do not
substantially change the FDOT Memorandum of Agreement.
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the attached Resolution
authorizing the Mayor and City Clerk to execute Amendment No, 1 to the Memorandum of Agreement
currently in effect between the Florida Department of Transportation and the City of Miami Beach for the
landscape maintenance of the Mac Arthur Causeway, Contract No, B-9558,
JGP/KS/ls
Attachments
CONTRACT
WPI NO,
STATE JOB
COUNTY
NO. : B- 9558
:6640414
NO, : 87906 - 94 02
:~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AMENDMENT NO. 1
THIS AGREEMENT, made and entered into this day
of , by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, and agency of the State of Florida,
hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH of
1700 Convention Center Drive. Miami Beach, Florida 33139, a
political subdivision of the State of Florida, hereinafter called
the CITY,
WIT N ESE T H :
WHEREAS, the DEPARTMENT and the CITY heretofore on the 22th
day of March. 1995, entered into an AGREEMENT whereby the
DEPARTMENT retained the CITY to provide routine landscaping
maintenance on SR AlA (MacArthurCauseway) : and
WHEREAS, the DEPARTMENT has determined it necessary to amend
the AGREEMENT to incorporate provisions and conditions mandatory
under Section 287.058 (1) (a) (c) (d) (el (f) and Section 339.135(6) (a)
of the Florida Statutes when procuring contractual services.
NOW, THEREFORE, this AGREEMENT witnesseth the following
amendments are madei
1, The following sentence shall be added and inserted in page 2,
after the second sentence of the first paragraph:
The CITY shall submit the quarterly invoice/bill in
detail sufficient for proper preaudit and postaudit
thereof,
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AGENDA
ITEM
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DATE
AMENDMENT NO. 1
CONTRACT NO.: B-9558
2. Tbe following subsection sball be added and inserted to
section 5" page 3:
D. 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 which are subject to provisions of
Chapter 119, of the Florida Statutes,
3. Tbe following paragrapb sball be added and inserted after tbe
second paragrapb, in section 6., page 3:
The terms of this AGREEMENT "shall only" commence when
the DEPARTMENT issues the CITY the Notice To Proceed
(NTP) letter, Inclusive of the NTP issuance date, this
AGREEMENT is for a period of three hundred sixty five
(365) calendar days, This 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 CITY, 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.
4. Tbe following section sball be added and inserted after
section 10" page 4:
11, Nothing in this AGREEMENT shall be construed to violate
the provisions of Section 339.135 (6) (a), of the Florida
Statutes (1993), 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
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AMENDMENT NO, 1
CONTRACT NO,: B-9558
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
yearsi 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.
EXCEPT as hereby modified, amended, or changed, all of the
terms and conditions of said AGREEMENT and any supplements and
amendments thereto shall remain in full force and effect.
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576
AMENDMENT NO, 1
CONTRACT NO,: B-9SS8
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
CITY OF MIAMI BEACH
BY:
City Mayor
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary or Designee
ATTEST: ATTEST:
Secretary or Notary (SEAL) Executive Secretary (SEAL)
BY:
District General Counsel
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