98-22770 RESO
RESOLUTION NO.
98-22770
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 AN AMENDMENT TO THE CURRENT FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) MAINTENANCE LANDSCAPE AGREEMENTS WITH THE CITY
FOR THE MAC ARTHUR CAUSEWAY AND JULIA TUTTLE CAUSEWAY, RESPECTIVELY,
TO INCORPORATE A STATEMENT OF VENDOR (CONTRACTOR) RIGHTS, AS
REQUIRED BY FDOT, AND FURTHER AUTHORIZING THE CITY TO RECOVER COSTS
FROM THIRD PARTIES, (ON BEHALF AND IN THE NAME OF THE FDOT), THAT
DAMAGE THE LANDSCAPING, IRRIGATION OR SIGNS.
WHEREAS, the Florida Department of Transportation (FDOT) has landscaped
the State Road AlA (Mac Arthur Causeway), from the east end of Watson Island, to
the west end of the East Channel Bridge and the Julia Tuttle Causeway; and
WHEREAS, the City and FDOT entered into Memorandum of Agreements in 1994,
for the City to maintain the landscaping on the Mac Arthur and Julia Tuttle
Causeways, respectively; 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 at each site, pursuant to the existing Agreements; and
WHEREAS, the FDOT has deemed it necessary to amend the Agreements to
incorporate provisions and conditions mandatory under Section 215,422(5), Florida
Statutes, to include a statement of vendor (Contractor) rights as required by the
State Comptroller of the FDOT; and
WHEREAS, the City has also requested Amendments to Section 12 of the
Agreements, to authorize the City to recover costs from third parties, on behalf
and in the name of the FDOT, that damage the landscaping or signs,
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 Commission hereby
authorize the Mayor and City Clerk to execute the attached Amendments to the
current Memorandums of Agreement with the Florida Department of Transportation
(FDOT) for the maintenance of the landscaping for State Road AlA (Mac Arthur
Causeway) and the Julia Tuttle Causeway, respectively, to incorporate a statement
of vendor (Contractor) rights, as required by FDOT, and further authorizing the
City to recover costs from third parties, on behalf and in the name of the FDOT,
that damage the landscaping, irrigation or signs,
PASSED AND ADOPTED THIS
17th
di
r - - - OR
June
, 1998,
ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci, m iam i-beach, fl, us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 3Co CJ -'18
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: June 17, 1998
Sergio Rodriguez
City Manager
"
A RESOLUTI N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO
THE CURRENT FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) l\tlAINTENANCE LANDSCAPE AGREEMENTS WITH THE CITY
FOR THE MAC ARTHUR CAUSEWAY AND JULIA TUTTLE CAUSEWAY,
RESPECTIVELY, TO INCORPORATE A STATEMENT OF VENDOR
(CONTRACTOR) RIGHTS, AS REQUIRED BY FDOT, AND FURTHER
AUTHORIZING THE CITY TO RECOVER COSTS FROM THIRD
PARTIES (ON BEHALF AND IN THE NAME OF FDOT) THAT DAMAGE
THE LANDSCAPING, IRRIGATION OR SIGNS.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution,
BACKGROUND:
In 1994, the City Commission approved Memorandums of Agreement with FDOT to provide for
maintenance oflandscaping along the Julia Tuttle Causeway, specifically from the east end of the
westernmost bridge to Alton Road, and the MacArthur Causeway from the east end of Watson Island
to 5th Street, and respectively, In accordance with these agreements, FDOT pays to the City
$150,000 annually for landscape maintenance for each of the areas, The current agreement for the
MacArthur Causeway expires on June 30, 1998, The current agreement for the Julia Tuttle
Causeway expires on August 3 I, 1998, As a condition of payment for the remaining balance due
on the current agreements, FDOT has required that the City amend the existing agreements to
include provisions and conditions mandatory under Section 215.422 (5), Florida Statues, to include
a statement of the vendor (Contractor) rights, as stipulated by the State Comptroller of the FDOT,
Additionally, the City also requested that a section be added and inserted after Section 12, which
authorizes the City to recover costs from third parties that damage the landscaping, irrigation system
or signs, on behalf and in the name of FDOT.
AGENDA ITEM
c''lCD
<'-'-\1-9 e
DATE
These Amendments will permit the City to initiate actions necessary to recuperate the cost of
repairing damages to property such as the "Welcome to Miami Beach" sign on the MacArthur
Causeway that was destroyed due to a vehicular accident. These amendments must be executed prior
to the expiration of the current agreements.
ANAL YSIS:
In order to take advantage of continued FDOT funding and control of the maintenance in these areas,
the City must authorize these amendments for the duration of the agreements, Additionally,
authorization to recover costs from third parties will permit the replacement of damaged material or
signage in these major thoroughfares that serve as gateways to our community at no cost to the City,
CONCLUSION
It is recommended that the City Commission adopt the attached resolution authorizing the
amendments to the agreements with FDOT in order to provide for continued maintenance of the
landscaping on the MacArthur and Julia Tuttle Causeways,
Ix IOMJeb ~' '
I!f;lGENDA IIUN I 798\CONSEN1IFDOT AMENMEM
CONTRACT
WPI NO.
STATE JOB
COUNTY
NO. :B-A986
:6640413
NO.:87906-9128
:Dade
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AMENDMENT NO. 1
b
THIS AGREEMENT, made and entered into this 21 day
of ~N~ , /11~, 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 10th
day of June 1997, entered into an AGREEMENT whereby the DEPARTMENT
retained the CITY to provide Landscape Maintenance Services on SR
112/1-195. (Julia Tutle Causeway) ; and
WHEREAS, the DEPARTMENT has determined it necessary to amend
the AGREEMENT to incorporate provisions and conditions mandatory
under Section 215.422 (5). Florida Statutes. and to provide the
CITY the authority to recover the costs of replacing plant
materials and apvurtenances damaged by third parties,
NOW, THEREFORE, this AGREEMENT witnesseth the following
amendments are made;
The following section shall be added and inserted after
section II., page 4:
12. 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 five 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.
1
Contract No. B-A986
Amendmen t No. 1
If a payment is not available within 40 days, a separ'ate
interest penalty at the rate established pursuant ~o
Section 55.03 (1) Florida Statutes will be due and
payable, in addition to the invoice amount, to the
Contractor. 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
payments(s) from a state agency. The Vendor Ombudsman may
be contacted at (904) 488-2924 or by calling the State
Comptroller's Hotline, 1-800-848-3792.
The following section shall be added and inserted after
section 12., page 4:
13. The DEPARTMENT herein authorizes the CITY to recover on
the DEPARTMENTS~ behalf and in the DEPARTMENT's name,
for any and all costs against third parties who damage or
cause to be damaged the landscape and structures
maintained by the CITY pursuant to this AGREEMENT. Such
landscape shall include but is not limited to: palm
trees, plants, shrubbery, flowers and sign structures.
2
Contract No. B-A986
Amendment No. 1
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
'MIAMI BEACH
v{~ ~ L-t1~
i:ee-Mayor -
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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BY:
esignee
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ATTEST qf1~G'~i~)(~~~rTEST~~
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(SEAL)
BY:
City At rney
ATTEST:~~ PM.~
Robert Parcher, City Clerk
BY(
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0/J :J
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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City Attorney
C:,I~/i (
Date
3
CONTRACT
WPI NO.
STATE JOB
COUNTY
NO. : B- 9558
:6640414
NO.:87906-9402
:Dade
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AMENDMENT NO. 2
-t;.tr
THIS AGREEMENT, made and entered into this 'zCf day
of 0U",G ,-.J,~e, 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 27th
day of March 1995, entered into an AGREEMENT whereby the DEPARTMENT
retained the CITY to provide Landsca~e Maintenance Services on SR
AlA. (MacArthur Causeway) ; and
WHEREAS, the DEPARTMENT has determined it necessary to amend
the AGREEMENT to incor~orate ~rovisions and conditions mandatory
under Section 215.422 (5). Florida Statutes. and to ~rovide the
CITY the authority to recover the costs of re~lacing ~lant
materials and ap~urtenances damaged by third ~arties.
NOW, THEREFORE, this AGREEMENT witnesseth the following
amendments are made;
The following section shall be added and inserted after
section 11., page 4:
12. 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 five 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,
1
Contract No. B-9558
Amendmen t No. 2
If a payment is not available within 40 days, a separate
interest penalty at the rate established pursuant .to
Section 5S. 03 (l) Florida Statutes will be due and
payable, in addition to the invoice amount, to the
Contractor. 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
payments(s) from a state agency, The Vendor Ombudsman may
be contacted at (904) 488-2924 or by calling the State
Comptroller's Hotline, 1-800-848-3792.
The foll.owing section shall be added and inserted after
section 12., page 4:
13. The DEPARTMENT, herein authorizes the CITY to recover on
the DEPARTMENTS~ behalf and in the DEPARTMENT's name,
for any and all costs against third parties who damage or
cause to be damaged the landscape and structures
maintained by the CITY pursuant to this AGREEMENT. Such
landscape shall include but is not limited to: palm
trees, plants, shrubbery, flowers and sign structures.
2
Contract No. B-9558
Amendment No. 2
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
BY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Designee
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ATTEST~,g.,~ ATTEST '.7 Jl< '1 CL\J) f--() 11!;r:~~
Secretary or No ary (SEAL) Execu ive Secretary' (SEAL)
ATTEST:
APPROVED A
TO LEGAL FORM:
BY:
City
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/W trfLfi!/i(
City AttOrnev
b / /!J.
Date .
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3