2000-23808 RESO
RESOLUTION NO. 2000-23808
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT (MOA), WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), FOR THE MAINTENANCE OF THE PROPOSED
LANDSCAPING TO BE INSTALLED AS A COMPONENT OF THE S.R. AlA /
COLLINS AVENUE (FROM LINCOLN ROAD TO 26TH STREET)
IMPROVEMENTS PROJECT; SAID AGREEMENT TO COMMENCE UPON
EXECUTION AND REMAIN IN EFFECT UNLESS AND UNTIL TERMINATED
BY THE FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, the Florida Department of Transportation (FDOT) has established the improvement of
its roads and highways on Miami Beach as a priority; and
WHEREAS, to that end, the FDOT has agreed, at its expense, to complete a comprehensive
reconstruction ofthe section ofS.R. AlA / Collins Avenue, from Lincoln Road to 26th Street (the Project);
and
WHEREAS, improvements currently planned include drainage, new curb and gutters, pavement,
lighting and landscaping; and
WHEREAS, the landscape plan includes the use of large Coconut and Washingtonia Palms, installed
in concrete cutouts with tree grates; and
WHEREAS, recognizing the benefits and need for landscaping on this Project, FDOT has agreed to
install same, it at its expense, with the understanding that the City will assume all responsibility for future
maintenance and replacement ofthe landscaping, as set forth in the attached Maintenance Memorandum of
Agreement; and
WHEREAS, the City and FDOT have formerly completed several joint roadway landscape
improvement programs, and continue to work together to further enhance the quality of the City's roadways
through improvement such as this Project.
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 approve and
authorize the Mayor and City Clerk to execute the attached Maintenance Memorandum of Agreement (MOA),
with the Florida Department of Transportation (FDOT), for the maintenance of the proposed landscaping to
be installed as a component of the S.R. AlA / Collins Avenue (from Lincoln Road to 26th Street)
Improvements Project; said Agreement to commence upon execution and remain in effect unless or until
terminated by the Florida Department of Transportation.
PASSED and ADOPTED this 23 day of February, 2000.
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MAYOR
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CITY CLERK
APPROVED AS TO
FORi'A & LANGUAGE
& FOR EXECUTION
ATTEST:
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. ~O
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy J/is
City Manager
DA TE: February 23, 2000
TO:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA), WITH THE FLORIDA
DEP ARTMENT OF TRANSPORTATION (FDOT), FOR THE
MAINTENANCE OF THE PROPOSED LANDSCAPING TO BE INSTALLED
AS A COMPONENT OF THE S.R. AlA / COLLINS AVENUE (FROM
LINCOLN ROAD TO 26TH STREET) IMPROVEMENTS PROJECT; TO
COMMENCE UPON EXECUTION OF AGREEMENT AND REMAIN IN
EFFECT UNLESS AND UNTIL TERMINATED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Florida Department of Transportation (FDOT) has established the improvement of its roads and
highways on Miami Beach as a priority. To this end the FDOT has agreed, at the Department's
expense, to complete a comprehensive reconstruction of the section ofS.R. AlA / Collins Avenue
from Lincoln Road to 26th Street. Improvements currently planned includes drainage, new curb and
gutter, pavement, lighting and landscaping. The landscape plan includes the use of large Coconut
and Washingtonia palms installed in concrete cutouts with tree grates. Additionally, the FDOT has
agreed to furnish and install a 4" PVC conduit between the tree grates for a future irrigation system
should the City wish to install it.
ANAL YSIS:
The Florida Department of Transportation has agreed to make substantial improvements to S'R.
AlAI Collins Avenue from Lincoln Road to 26th Street at its expense. Recognizing the benefits and
need for landscaping on this project the Department has agreed to install it at their expense with the
understanding that the City will assume all responsibility for future maintenance and replacement
of the landscaping.
AGENDAITEM~
DATE 2-23-00
Commission Memorandum
February 23,
Execute a Maintenance Memorandum of Agreement
Page 2
As the City and the Florida Department of Transportation have jointly completed several roadway
landscape improvements programs and continue to work together to further enhance the quality of
the City's roadways through improvements such as the S.R. AlA / Collins Avenue Project being
proposed,it is in the best interest of the City and its residents that this resolution be adopted.
LALt;;AGt
T:\AGENDA \2000\FEB2300\CONSENT\3COLFDOT.MEM
DEPARTMENT OF TRANSPORTATION DISTRICT SIX (6)
HIGHWAY LANDSCAPING
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE CITY OF MIAMI BEACH
THIS AGREEMENT, made and entered into this ~31LO day of ff-trilMi 20C;(), by 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 ofthe State of Florida, existing under the Laws of Florida, hereinafter called the "CITY".
WIT N E SSE T H:
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
Department, for the purpose of safety, protection of the investment and other reasons, has constructed and
, does maintain a highway facility as described in Exhibit "A" attached hereto and incorporated by reference
herein, within the corporate limits of the CITY; and
WHEREAS, the CITY is of the opinion that said highway facilities that contain landscape areas
outside the travel way to the right of way line, including tree grates but excluding sidewalks, shall be
maintained by periodic expanding of tree grates, trimming, cutting, mowing, fertilizing, litter pick-up and
necessary replanting; and
\VHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
\VHEREAS, the CITY by Resolution No.~ooc .-z,~O~ated[t;l.r..,,~ 2~ 20 00, attached hereto and by
,this reference made 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. The DEPARTMENT hereby agrees to install or cause to be installed landscaping on the highway
facilities at it's sole expense as specified in plans and specifications hereinafter referred to as the
Project; and incorporated herein as Exhibit "B"
2. The CITY, solely agrees to maintain the landscaping at no cost to the DEPARTMENT within the
areas outside the travel way to the right of way line, including tree grates but excluding sidewalks, by
periodic expanding oftree grates, trimming, cutting, fertilizing, litter piCk.llP and necessary replanting,
following the DEPARTMENT'S landscape safety and plant care guidelines. The CITY'S
responsibility for maintenance shall include all landscape/turfed areas and areas covered with
interlocking pavers or similar type surfacing (hardscape), including tree grates, within the areas
outside the travel way to the right of way line, excluding sidewalk, on Department of Transportation
right-of-way within the limits of the Project. Such maintenance to be provided by the CITY is
specifically set out as follows:
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To maintain, which m~ans the proper watering and fertilization of all plants and keeping them as free
as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises
free of weeds; to properly prune all plants which includes (1) removing dead or diseased parts of
plants, or (2) pruning such parts thereof which present a visual or other safety hazards for those using
the roadway. To maintain also means to properly remove all flowers, and remove all fronds (leaves)
which droop below a perpendicular angle to a tree trunk, from the Cocos nucifera trees (Coconut
Palms) which overhang any trave11anes, sidewalks, parking areas, or any other areas where pedestrian
or vehicular activities may conflict with production of fruit (coconuts) or dropping fronds. To
maintain also means removing or replacing dead or diseased plants in their entirety, or removing or
replacing those that fall below original project standards. All plants removed for whatever reason
shall be replaced by plants of the same size and grade as specified in the original plans and
specifications at no cost to the DEPARTMENT. To maintain also means to keep the hardscape and
tree grate areas free from weeds and replacement of any areas becoming in disrepair so as to cause a
safety hazard. To maintain also means to keep litter removed from the areas outside the travel way
ofthe right of way line. Plants shall be those items which would be scientifically classified as plants
and include but are not limited to trees, grass, or shrubs.
The above named functions to be performed by the CITY, shall be subject to periodic inspections by
the DEPARTMENT. Such inspection findings will be shared with the CITY and shall be the basis
of all decisions regarding, repayment, reworking or agreement termination. The CIYY shall not
change or deviate from said plans without written approval of the Department.
3. If at any time after the CITY has assumed the landscaping maintenance responsibility above-
mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits
or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District
Secretary may at their option issue a written notice that a deficiency or deficiencies exist(s), by
sending a certified letter to the CITY, 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 deficiencies. If said
deficiencies are not corrected within this time period, the Department may at its option, proceed as
follows:
(a) Maintain the landscaping or a part thereof, with DEPARTMENT'S or contractor's personnel
and invoice the CITY for expenses incurred, or
(b) Tenninate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by
DEP ARTMENT'S or contractor's personnel, all of the landscaping installed under this
Agreement or any preceding agreements and charge the CITY the reasonable cost of such
removal.
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 determined to be necessary by the
DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to
meet with future criteria or planning of the DEPARTMENT. The CITY shall be given sixty (60)
calendar days notice to remove said landscaping after which time the DEPARTMENT may remove
same.
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5. The CITY agrees to reimburse the DEPARTMENT all monies expended for the project, should the
landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement.
6. This Agreement may be terminated under anyone of the following conditions:
(a) By the DEPARTMENT, if the CITY fails to perform its duties under Paragraph 3, following
thirty (30) days written notice.
'(b) By the Department, for refusal by the CITY to allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the CITY in conjunction with this Agreement.
7. The term of this Agreement commences upon execution.
8. To the extent permitted by law, the CITY shall indemnify and hold harmless the DEPARTMENT,
its officers and employees from all suits, actions, claims and liability arising out of the CITY'S
negligent performance of the work under this agreement, or due to the failure of the AGENCY to
maintain the Project in conformance with the standards described in Section 2 of this Agreement.
9. The CITY may construct additional landscaping within the limits of the rights-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) The CITY agrees to comply with the requirements of this Agreement with regard to any
additional landscaping installed;
(d) No change will be made in the project's costs due to any additional landscaping installed.
10. This writing embodies the entire agreement and understanding between the parties hereto and there
are no other agreements and understanding, oral or written, with reference to the subject matter hereof
that are not merged herein and superseded hereby.
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11. 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 contracts for periods exceeding I 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 for an amount in excess of$25,000.00 and which have a term for a period
of more than 1 year.
12. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any
nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment
of the service hereunder and the character, quality, amount and value thereof; and his decision upon
all claims, questions and disputes shall be final and conclusive upon the parties hereto.
13. This Agreement may not be assigned or transferred by the CITY in whole or part without the consent
of the DEPARTMENT.
14. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of
Florida shall prevail.
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IN WITNESS WHE~OF, the parties hereto have caused these presents to be executed the day and
year first above written.
CITY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
'fA
Mayor or Chairman
By:
. AttesJi1M (' eud~
Clerk
(SEAL)
Attest: ~~
Executive Secreta
(SEAL)
APPROVED AS TO LEGAL FORM:
City Attorney
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By:
,hpPROVED PS TO
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PROJECT LOCATION:
EXHIBIT "A"
S tate Road Number:
From:
To:
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FM Number: 249687-1-31-01
County: Miami-Dade
S.R. Number: AlA
AlA/Collins Avenue
Lincoln Road
26th Street
FM Number: 249687-1-31-01
County: Miami-Dade
S.R. Number: AlA
EXHIBIT "B"
The Department agrees to install the Project with a contractor in accordance with the plans and
specifications attached hereto and incorporated herein.
Please see attached plans.
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