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2000-23922 RESO RESOLUTION NO. 2000-23922 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT (MOA), ~TH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF & LANDSCAPE MAINTENANCE SERVICES ON 1-195 (JULIA TUTTLE CAUSEWAY), FROM THE EAST SIDE OF THE INTRACOASTAL BRIDGE TO ALTON ROAD, AT AN ANNUAL COST OF $150,000, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT COMMENCING ON SEPTEMBER 1, 2000, AND CONCLUDING ON AUGUST 31, 2001, ~TH AN OPTION TO RENEW FOR TWO YEARS, ON A YEAR-TO-YEARBASIS. WHEREAS, in July of 1994, the Mayor and City Commission approved an initial Memorandum of Agreement with the Florida Department of Transportation (FDOT) to provide for maintenance oflandscaping along the Julia Tuttle Causeway; specifically, from the east end of the westernmost bridge, to Alton Road; and WHEREAS, this Agreement has been renewed annually since that time; and WHEREAS, the current Agreement for the Julia Tuttle Causeway expires on August 31, 2000; and WHEREAS, the FDOT has expressed a desire to enter into a new Memorandum of Agreement (MOA) for a three year period, on a year to year basis; 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; and WHEREAS, to ensure the Julia Tuttle Causeway landscaping continues to be maintained at the high standards set by the City, and to receive the annual funding of$150,000 from the Florida Department of Transportation that is necessary to support these maintenance standards, it is recommended the City approve the attached new fiscal year 2000/2001 Memorandum of Agreement, which is to commence on September 1, 2000, and conclude on August 31, 2001, with an option for renewal for two years, on a year-to-year basis. 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 the attached Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for the turf and landscape maintenance services on 1-195 (Julia Tuttle Causeway), from the east side of the intracoastal bridge to Alton Road, at an annual cost of $150,000, to be paid to the City by FDOT; said Agreement commencing on September 1,2000, and concluding on August 31, 2001, with an option to renew for two years, on a year to year basis. PASSED and ADOPTED this 24 day of May, 2000. fJJ! . MAYOR ATTEST: ~rf~ CITY CLERK T:\AGENDA\20001MA Y2400ICONSENTlFDOTTUOO.RES APPROVED />S TO FORM & LANGUAGE & FOR execuTION 1W- '- ~J.tJ/rt) ityMorney ~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. j-CA- 00 Mayor Neisen O. Kasdin and Members ofthe City Commission Lawrence A. Levy ~ City Manager DATE: May 24, 2000 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT (MOA), WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF AND LANDSCAPE MAINTENANCE SERVICES ON 1-195 (JULIA TUTTLE CAUSEWAY) FROM THE EAST SIDE OF THE INTRACOASTAL BRIDGE TO ALTON ROAD AT THE ANNUAL COST OF $150,000 TO BE PAID TO THE CITY OF MIAMI BEACH BY THE FLORIDA DEPARTMENT OF TRANSPORTATION, SAID AGREEMENT COMMENCING ON SEPTEMBER 1, 2000, AND CONCLUDING ON AUGUST 31, 2001, WITH AN OPTION TO RENEW FOR TWO YEARS, ON A YEAR-TO-YEARBASIS. ADMINISTRA TION RECOMMENDATION: Adopt the Resolution. ANALYSIS: In July of 1994, the City Commission approved the initial Memorandum of Agreement with the Florida Department of Transportation (FDOT) to provide for maintenance oflandscaping along the Julia Tuttle Causeway, specifically from the east end of the westernmost bridge to Alton Road. This agreement has been renewed annually since that time. The current agreement for the Julia Tuttle Causeway expires on August 31, 2000. For the past several years, the City has out-sourced the Julia Tuttle Causeway to a private landscape maintenance company. The annual compensation from FDOT of $150,000 pays for the total cost of the agreement with the private contractor and replacement of select landscape materials needed on the project. The Parks and Recreation Department's Landscape Maintenance Division monitors the work of the contractor on a regular basis to ensure the established specifications are being followed and the landscape materials are properly maintained. Any deviations from the contract are noted in writing and sent to the attention of the contractor for resolution. AGENDA ITEM C'1 H- DATE S 2-y..-o 0 T:\AGENDAI1000\MA Y2400\CONSENl\FDOTTlIT.MEM Commission Memorandum May 24, 2000 Page 2 Memorandum of Agreement w/FDOT To ensure the Julia Tuttle Causeway landscaping continues to be maintained at the high standards set by the City of Miami Beach, and to receive the armual funding of $150,000 from the Florida Department of Transportation that is necessary to support these maintenance standards, the City must approve the attached new fiscal year 2000/2001 Memorandum of Agreement which is to commence on September I, 2000 and conclude on August 31, 200 I, with an option for renewal for two years, on a year-to-year basis. Jt.~ T:\AGENDA\2000\MA Y2400\CONSENT\FDOTTUT.MEM " . DEPARTMENT OF TRANSPORTATION TURF AND LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into this 84:- day of A1^~ 20 00 by and between the STATE OF FLORIDA, Depart ent of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF MIAMI BEACH, a municipal corporation 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 Attachment "A", which by reference hereto shall become a part 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. 2()OO - 2.51:2.'L dated Hav, d4-* 19000, attached hereto as Attachment "e", which by referenceOhereto 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 parties covenant and agree as follows: 1. CITY'S MAINTENANCE RESPONSIBILITY The CITY shall be responsible for the maintenance of all landscaped and/or turfed areas within the DEPARTMENT'S right- of-way having the limits described by Attachment "A". The CITY shall be responsible for performing the work described below with a minimum frequency of twelve (12) times per year: CITY OF MIAMI BEACH 3YR MOA (JULIA TUTTLE) 1 ,. , .' \', 1.1. Mow, cut and/or trim and edge the grass or turf in accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program". 1.2. Properly prune all plants which includes plant and tree trimmings in accordance with the latest edition of the "Maintenance Rating Program". Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. 1.3. Remove and dispose dead, deteriorated plants. diseased or otherwise 1.4. Keep litter removed from roadside and median strips. 1.5. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by (1.1) through (1.4) inclusively as described above. 2. WORK SCHEDULE The CITY shall submit a schedule to the DEPARTMENT containing the dates of when the CITY is planning to perform the mowing work. In addition, before the CITY starts the work, the DEPARTMENT shall be notified via fax of the state road(s) and day(s) in which the CITY will be working. The fax shall be sent to the attention of the "South Dade Maintenance Engineer", at fax number (305) 256-6304. 3. NATURAL DISASTERS The CITY shall not be responsible for the clean-up, removal and disposal of debris from the DEPARTMENT'S right of way having 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. 4. MAINTENANCE DEFICIENCIES If, at any effect, it MAINTENANCE established time while the terms of this AGREEMENT are in shall come to the attention of the DISTRICT ENGINEER that the CITY'S responsibility as herein or a part thereof is not being properly CITY OF MIAMI BEACH 3YJl MOA (JULIA TUTTLE) 2 " 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, to place said CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) 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: 4.1. Maintain the median or roadside area declared with DEPARTMENT and/or a Contractor's equipment and personnel. The actual cost for will be deducted from payment to the CITY or deficient material, such work 4.2. Terminate this AGREEMENT. 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 registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest lllth Avenue., Room 6214 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager 6. LANDSCAPE MODIFICATION 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. 7 . METHOD OF COMPENSATION In accordance with requirements of Section 287.058 (1) (d) , Florida Statutes, the DEPARTMENT agrees to pay the CITY CITY OF MIAMI BEACH 3Yl\.MOA (JULIA TIITTLE) 3 / .' ., quarterly (each three month period) compensation for the cost of maintenance as described under Subitems (1.1) through (lo5) . The lump sum payment will be dollars per quarter for $150,000.00 dollars per year. in the amount of $37,500.00 a total appropriation of In accordance with Section 287.058(1) (a), Florida Statutes, the CITY shall submit the quarterly invoice/bill in detail sufficient for proper preaudit and postaudit thereof. 8. VENDOR RIGHTS Section 215.422(5), Florida Statutes, requires the Department to include a statement of vendor (Contractor) rights. Contractors are hereby advised of the following: Contractors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has 5 working days to inspect and approve the goods and services, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, by the Department of Transportation. If a payment is not made within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1} Florida Statutes will be due and payable, in addition to the invoice amount, to the Contractor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department of Transportation. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the State Comptroller's Hotline, 1-800-848-3792. CITY OF MIAMI BEACH 3YR MOA (JULIA TUlTLE) 4 / 9. PAYMENT ADJUSTMENT In the event temporary work by the DEPARTMENT forces or by other Contractors temporarily prevent the CITY from performing the work described in this AGREEMENT, the DEPARTMENT shall deduct from the lump sum payment the acreage of the affected area and only compensate the CITY for the actual work it performs. The DEPARTMENT shall initiate this procedure only if the temporary work described in this section is for a period of one (1) month or longer. Adjustment to the CITY'S payment shall also be done as noted in Item Three (3). In the event this AGREEMENT is terminated as established by Item Ten (10) herein, no payment will be prorated for the quarter in which termination occurs for the work that has been completed. 10. TERMINATION This AGREEMENT or part thereof is subject to termination under anyone of the following conditions: 10.1. 10.2. 10.3. 11. TERMS 11.1. 11.2. In the event the DEPARTMENT exercises the option identified by Item Four (4) of this AGREEMENT. As mutually agreed to by both parties. 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 which are subject to provisions of Chapter 119, of the Florida Statutes. The terms of this AGREEMENT shall only commence when the DEPARTMENT issues the CITY the Notice To Proceed letter. In accordance with Section 287.058(1) (e), Florida Statutes, this AGREEMENT is for a period of three (3) years beginning on the date stated in the Notice To Proceed letter. CITY OF MIAMI BEACH 3Yll MOA (JULIA TUITLE) 5 11.3. In accordance with Section 287.0582, Florida Statutes; "The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature." To comply with Section 287.0582, F.S., the Department shall only appropriate the annual amount of $150,000.00 at the beginning of each AGREEMENT year. The expected AGREEMENT appropriation over the three year AGREEMENT period will be $450,000.00. 12. RENEWAL In accordance with Section 287.058(1) (f), Florida Statutes, this AGREEMENT may be renewed on a yearly basis for a maximum of two (2) years after the initial contract or for a period no longer than the term of the original contract, whichever period is longer, only if mutually agreed to in writing by the DEPARTMENT and the CITY, subj ect 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. 13. ATTACHMENT "A" AMENDMENT It is further understood that Attachment "A" may be amended or changed at any time, as mutually agreed to in writing by both parties. Payment as specified in Item Seven(7) above shall reflect such amendment or change. 14. TIME EXTENSION In accordance with Section 287.012(10), Florida Statutes, this AGREEMENT may be extended if mutually agreed to in writing by both parties, for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this AGREEMENT; provided the DEPARTMENT may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this AGREEMENT. 15. ADDITIONAL LANDSCAPING 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: CITY OF MIAMl BEACH 3YR MOA (ruLIA mE) 6 15.1. 15.2. 15.3. 15.4. 15.5. 15.6. 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. All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; All requirements and terms established by this AGREEMENT shall also apply to any additional landscaping installed under this item; The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT'S standard permit provided as Attachment "B" (not to actual size) to this AGREEMENT with by reference hereto shall be a part of hereof; No change will be made in the payment terms established under Item Seven (7) of this AGREEMENT due to any increase in cost to the CITY resulting from the installation and maintenance of landscaping added under this item; In the event this AGREEMENT is terminated as established under Item Ten (10) 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. 16. The DEPARTMENT herein authorizes the CITY to recover on the DEPARTMENTS'S behalf and in the DEPARTMENT'S name, any and all costs against third parties who damage or cause to be damaged the landscape and the "Welcome" sign structure maintained by the CITY pursuant to this AGREEMENT. Such landscape shall include but is not limited to: palm trees, plants, shrubbery and flowers. 17. 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. CITY OF MIAMI BEACH 3YR MOA (JULIA TUTILE) 7 " 18. This AGREEMENT is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 19. This AGREEMENT, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. 20. 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 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 years; 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. CITY OF MIAMI DEAO{ 3YR. MOA (RJLIA TU'ITLE) 8 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. LANDSCAPING AGREEMENT WITH THE CITY OF MIAMI BEACH. CITY OF MIAMI BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~-Mc..~ BY: ATTEST:_~} pC{;tUu- City Clerk (Seal) ATTEST: Exe APPROVED AS TO LEGAL FORM: ATTEST: City ATTES T:~ Vg APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH 3YR MOA (JULIA TU'lTI.E) 9 ~~ 61-~;p Dale ATTACHMENT "A" Below is the state road, the limits, length and acreage of the area to be maintained by the City of Miami Beach under this AGREEMENT. STATE ROAD LOCAL LENGTH ACREAGE No. NAME FROM: TO: (MILES) 1-195 Julia Tutle E. side of Alton Road 2.360 32.030 Causeway Intracoastal Bridge TOTAL = 2.360 32.030 CITY OF MIAMI BEACH 3YR MOA (JULIA TUTTLE) 10 ATTACHMENT "8 " STATE 01' PLORIDA DBP.u.TKBNT 01' TRANSPORTATION SPECIAL PBRIIIT District Six 6/95 DATE: SECTION NO: COUNTY: STATE PROJECT NO. (if applicable) PERMIT NO.: STATE ROAD NO.: MILEPOST FROM: RECORD NO.: TO: APPLICANT: ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: Applicant requests permission from the State of F'lorida Department of Transportation, hereinafter called the Department, to construct, operate, and maintain the facility shown in the accompanying engineering as described here: Location of Construction, Street Name, and Nearest Intersection: 1. Is the proposed work within the corporate limits of a municipality: Name of municipality: Yes ( ) Local No ( Government Contact: 2. Prior to filing this application, the location of all eXisting utilities, both aerial and underground, has been ascertained, and the accurate locations are shown on the drawings (as applicable). A letter of notification was mailed on to the following utilities/municipalities: 3. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. -4. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and/or efficient operation, alteration, or relocation of any or all portion of said highway and/or transportation facility; the Permittee shall immediately remove any and all installed facilities from said highway and/or transportation facility, or reset or relocate thereon as required by the Department at the Permittee's expense. S. All work shall meet Department's Roadway and Traffic Desiqn Standards, Specifications for Road and Bridqe Construction, and other applicable criteria in effect at the time of permit issuance. The work shall be performed under the inspection supervision of , Permit/Maintenance Engineer located at , Telephone No. This designated engineer shall be notified forty-eight (48) hours prior to the pre-construction meeting and again immediately before commencement of work. All material and equipment shall be subject to inspection by the designated engineer or his authorized representative. 6. All Department property shall be restored to its original condition as far as practical in keeping with Department Specifications, and in a manner satisfactory to the Department, within thirty (30) days of the installation of the permitted work, unless otherwise approved by the Department. 7. A drawing covering details of this work shall be made a part of this permit. This drawing shall include plan, profile, and cross sections as appropriate, and may be required to bear the seal of a professional engineer licensed in the State of Florida. As built drawings are required: Yes ( ) No ( ) 8. The Permittee shall COmmence actual construction in good faith within days from the date of said permit approval and shall compete construction within days from the commencement of work unless the permittee shows good cause for delay and the Department approves an extension. No extension beyond one (1) year from the date of issuance of this permit will be granted. 9. This construction and maintenance shall not interfere with the property and rights of a prior Permittee. 10. Special Conditions and Instructions by the Department: 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in interest, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all loss, damage, cost, or expense arising in any manner on account of the exercise or attempted exercise by said Permittee of the aforesaid rights and privileges. 12. During construction through Department acceptance of the permitted work, all safety regulations of the CITY OF MIAMI BEACH 3YR. MOA (JULIA TUTrLE) 11 Oepartment shall be observed and the holder must take measures, including placement and display of safety devices, that may be necessary in order to safely conduct the public through the project area in accordance with the Oepartment's current edition of the Roadway and Traffic Desiqn Standards, Index Series 600, and the Manual of Uniform Traffic Control Devices. 13. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the work will be brought into compliance or removed from the right-of-way at no cost to the Department. Submitted and Agreed to by: Corporate Seal Signature of Permittee Name and Title (typed) Attested Recommended for approval: Title: Date: Approved by: Date: District Permit Engineer or Authorized Representative CITY OF MIAMI BEACH 3YR MOA (JULIA TUTTLE) 12