Res. No. 045-08-12642WHEREAS, the Mayor and City Commission desire to accept the memorandum of agreement
with Florida Department of Transportation for turf and landscape maintenance funding in the amount of
$3,592.00, which will be utilized for South Dixie Highway (US -1) from SW 80th Street to SW 57th Avenue;
and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a memorandum of
agreement with Florida Department of Transportation (FDOT) for turf and landscape maintenance.
Section 2: The attached exhibits are incorporated by reference into this resolution.
PASSED AND ADOPTED this, day of , 2008.
ATTEST:
CITY CLERK
Include File Name and Path
APPROVED:
A OR
COMMISSION VOTE:
4 -0
Mayor Feliu:
yea
Vice Mayor Beasley:
yea
Commissioner Palmer:
yea
Commissioner Wiscombe:
absent
Commissioner Beckman:
Yea
South Miami
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, Acting City Manager_Iwu-�-
From: Carol M. Aubrun,
Grants Writer and Administrator
Date: April 1, 2008 Agenda Item No.:
Subject: Turf and Landscape Agreement for South Dixie Highway (US-1)
Request: To authorize the Acting City Manager to execute a memorandum of agreement
with Florida Department of Transportation (FDOT) for Turf and Landscape
Maintenance of South Dixie Highway (US-1).
Reason/Need: Historically, the City has performed turf and landscape maintenance of
two (2) roadways belonging to the Florida Department of Transportation
(FDOT), which were Sunset Drive east of SW 69th Street and South Dixie
Highway (US-1) from SW 80th Street to SW 57th Avenue. In 2007, FDOT
exercised a jurisdictional transfer of Sunset Drive to the City of South
Miami. However, South Dixie Highway (US-1) is still under the jurisdiction
of FDOT. The memorandum of agreement will allow the City to continue
to provide turf and landscape maintenance services at South Dixie
Highway (US-1) with compensation.
Cost: $3,592.00
El Proposed Resolution
El Memorandum of Agreement for Turf and Landscape Maintenance
Contract No. BDH36
Ll Road Limitation & FDOT Special Permit (Attachments A & B)
This Agreement is made and entered into this SQ day of ZU v% <-- _, 2008, 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 SOUTH MIAMI, a municipal corporation of the State of Florida, existing underthe
Laws of the State of Florida, hereinafter 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 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.- 41S -09 - 12 G4 Z
dated ®1 oar/ 2&2EV , 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.
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to
the other, the parties covenant and agree as follows:
a 6A :
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:
Contract Number: AP 579
Financial Project Number: 40339417801
Page 1 of 11
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 include 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 of dead, diseased or otherwise deteriorated plants.
1.4. Keep litter removed from roadside areas 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.
1.6 All work by the CITY pursuant to (1.1) through (1.5) above on the
Department's right of way (having the limits described by Attachment "A")
shall be executed on the roadway under a traffic control plan in accordance
with DEPARTMENT'S latest edition of the "FDOT Design Standards".
0, 011,
The CITY shall submit a schedule to the DEPARTMENT containing the dates
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 # (305) 256-6304.
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",
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 DEPARTMENT'S affected quarterly payment to the CITY.
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
responsibilities, as established herein or a part thereof, are 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, to place said CITY on notice thereof. Thereafter, the CITY shall
Contract Number: AP 579
Financial Project Number: 40339417801
Page 2 of 11
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(s) declared deficient with
DEPARTMENT and/or a Contractor's material, equipment and personnel.
The actual cost for such work will be deducted from the DEPARTMENT'S
affected quarterly payment to the CITY; or
4.2. Terminate this Agreement.
2111��
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 111th Avenue, Room 6205-B
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY: W. Ajibola Balogun, REM, CFEA
City Manager/Director Public Works
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
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.
7.1 The total maximum appropriation of this Agreement is THREE THOUSAND
FIVE HUNDRED NINETY TWO ($3,592.00) per year. Eligible project costs may not
exceed this amount. The CITY shall submit quarterly invoices for DEPARTMENT
review, approval, and payment in accordance with the terms of this Agreement.
Quarterly lump sum payments will be made upon invoice approval in the total
Contract Number: AP 579
Financial Project Number: 40339417801
Page 3 of 11
amount of THREE THOUSAND FIVE HUNDRED NINETY TWO ($3,592.00)This
Agreement is a reimbursement contract. No advance funding payments are
authorized herein.
7.2 The DEPARTMENT agrees to pay the CITY for the herein described
services at a compensation as detailed in this Agreement.
7.3 Sills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof.
7.4 Travel costs will not be reimbursed.
705 Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all times
during the period of this Agreement and.for five (5) years after final payment is
made. Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred include the CITY'S
general accounting records and the project records, together with supporting
documents and records, of the contractor and all subcontractors performing work
on the project, and all other records of the Contractor and subcontractors
considered necessary by the DEPARTMENT for a proper audit of costs.
706 In the event this Agreement is for services in .excess of $25,000.00 and a
term for a period of more than 1 year, the provisions of Section 339.135(6)(a),
F.S., are hereby incorporated:
"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 such 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 1 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."
7.7 The DEPARTMENT'S obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
In the event temporary work by the DEPARTMENT'S forces or by other Contractors
temporarily prevent the CITY from performing the work described in this Agreement,
Contract Number: AP 579
Financial Project Number: 403394178011
Page 4 of 11
the DEPARTMENT shall deduct from the affected quarterly lump sum payment(s)
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 Section Three (3). In the event
this Agreement is terminated as established by Section Nine (9) herein, no payment
will be prorated for the quarter in which termination occurs for the work that has
been completed.
This Agreement, or part thereof, is subject to termination under any one of the
following conditions:
9.1. In the event the DEPARTMENT exercises the option identified by Section
Four (4) of this Agreement.
9.2. As mutually agreed to by both parties.
9.3. 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.
10.1.' The term of this Agreement shall only commence when the DEPARTMENT
issues the CITY the Notice to Proceed Letter.
10.2. In accordance with Section 287.058(1)(e), Florida Statutes, this Agreement
is for a term of one (1) year beginning on the date stated in the Notice to
Proceed.
10.3. In accordance with Section 287.0582, Florida Statutes, the DEPARTMENT
shall only appropriate the annual amount of THREE THOUSAND FIVE
HUNDRED NINETY TWO ($3,592.00) per year at the beginning of each
DEPARTMENT Fiscal Year (July 1).
10.4 . This Agreement shall commence on July lst,, 2008, and end on June 30th,
2009.
.10.5 In accordance with Section 287.058(1)(0, Florida Statutes, this Agreement
may be renewed on a yearly basis for a maximum of two (2) years after the initial
Contract Number: AP 579
Financial Project Number: 40339417801
Page 5 of I I
term 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,
subject to the same terms and conditions set forth in this Agreement. Said renewals
shall be contingent upon both satisfactory CITY performance evaluations by the
DEPARTMENT and the availability of future funding.
I OLLAW
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.
In accordance with Section 287.012(l 0), 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.
The CITY may construct additional landscaping within the limits of the right-of-way
identified as a result of this Agreement, subject to the following conditions:
13.1. Plans for any new landscaping shall be subject to approval by the
DEPARTMENT. The CITY shall not change or deviate from said plans
without the prior written approval of the DEPARTMENT.
13.2. All landscaping shall be developed and implemented in accordance with
appropriate state safety and road design standards;
13.3. All requirements and terms established by this Agreement shall also
apply to any additional landscaping installed under this item;
13.4. The CITY agrees to complete, execute and comply with the
requirements of the DEPARTMENT'S standard permit provided as
Attachment "C" (not to actual size) to this Agreement, which by reference
hereto shall become a part hereof,
13.5. No change will be made in the payment terms established under Section
Seven (7) of this Agreement due to any increase in cost to the CITY
resulting from the installation and maintenance of landscaping added under
Contract Number: AP 579
Financial Project Number: 40339417801
Page 6 of 11
this item;
13.6. In the event this Agreement is terminated as established under Section (9)
herein, the CITY agrees to accept full responsibility for all maintenance
activities within the entire area(s) defined by the plans and permits
established as a result of this Section. The CITY shall provide this
maintenance at no cost to the DEPARTMENT.
14. This writing embodies the entire Agreement and understanding between the parties
hereto and there are not other agreements and understanding, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded
hereby.
16. This Agreement is nontransferable and non-assignable in whole or in part without
consent of the DEPARTMENT.
16. This Agreement, regardless of where executed, shall be governed by and
constructed in accordance with the laws of the State of Florida.
Contract Number: AP 579
Financial Project Number: 40339417801
Page 7 of I I
IN WiTNESS V,1,,1Krff=_ EOF, the parties hereto have caused thkese prc-sents t-o be executed the day
and year first above written.
C11TY OF SOUTH NUAMI
-A?
BY: TVE
MAAN_GSR
ATTEST:
CITY k (Seal
Contract Humber: AP 579
Financial Project Manber: 40339417801
ST ATE OF FLORUDA
DEPARTMEINT OF T� NISPORTATON
BY:
ATTEST-
ct Secretary
Executive Sec,-etary
LEGAL REVIEW.
Page 8 of 11
'Wi
Ps �54, All �%-
Below is the state road, the limits, length and acreage of the areas to be
maintained by the City South Miami under this AGREEMENT.
Contract Number: AP 579
Financial Project Number: 40339417801
Page 9 of 11
South Dixie
SW 80"
SW 57"
5
1.2
1.08
H.wy.
St.
Ave.
Contract Number: AP 579
Financial Project Number: 40339417801
Page 9 of 11
nmilf,"- K Mom-,
Contract Number: AP 579
Financial Project Number: 40339417801
Page 10 of 11
District Six
6195
DATE:
SECTION NO:
COUNTY:
STATE PROJECT NO.:
APPLICANT:
ADDRESS:
CITY:
TELEPHONE NO.:
f r d 4-0-1 V k`
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPECIAL PERMIT
PERMIT NO.:
STATE ROAD NO.:
MILEPOST FROM: TO:
(if applicable) RECORD NO.:
ZIP CODE:
Applicant requests permission from the State of Florida 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: Yes ( ) No ( )
Name of municipality: Local 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.
5. All work shall meet Department's Roadway and Traffic Design Standards, Specifications for Road and Bridge 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 apart of this permit. This drawing shall include plan, profile, and cross sections as appropriate, and maybe 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:
It. 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 ofand 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 Department shall be observed and the holder must take measures,
including placement and display of safely devices, that may be necessary in order to safely conduct the public through the project area in accordance with the Department's
current edition of the Roadway and Traffic Design 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
Contract Number: AP 579
Financial Project Number: 40339417801
Page I I of I 1
This AGREEMENT, entered into this day of
2007, 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 SOUTH
MIAMI, a municipal corporation of the State of Florida, existing
under the. Laws of the State of Florida, herein after called the
CITY.
WTMNTrQ<rT=
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.
dated attached hereto as Attachment "C", which by
reference hereto 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:
Memorandum of Agreement
Contract No. BDH36
Financial Number: 40339417203
1
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:
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 including plant and tree
trimmings in accordance with the latest edition of the
"Maintenance Rating Program". Pruning should be performed
to prevent visual obstruction or other safety hazard for
those using or intending to use the right-of-way.
1.3. Remove and dispose dead, diseased or otherwise
deteriorated plants.
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.
1.6 All work on the roadway shall be executed under a traffic
control plan in. accordance with latest edition of the
"FDOT Design Standard.
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.
Memorandum of Ageement
Cont-act No. BDH36
Financial Number: 40339417203
W
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 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, 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 deficient
with DEPARTMENT and/or a Contractor's material, equipment
and personnel. The actual cost for such work will be
deducted from payment to the CITY or
4.2. Terminate this AGREEMENT.
S. 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
Memorandum of Agreement
Contract No. BDI436
Financial Number: 40339417203
3
a
im
prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest 111th Avenue, Room 6214
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY: CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Attention: City Manager
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.
METHOD OF COMPENSATION
In accordance with requirements of Section 287.058 (1) (d) ,
Florida Statutes, the DEPARTMENT agrees to pay the CITY
quarterly (each three month period) compensation for the cost
of maintenance as described under gubitems (1.1) through
(1.5) .
The jump sum payment will be in the amount of $898.00
dollars per quarter for a total appropriation of . '$3,592.00-
dollars per year.
in accordance with Section ' 287.058(l)(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
Memorandum of Agreement
Contract No. BDH36
Financial Number: 40339417203
0
El
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 clays, 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.
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
Memorandum of Agreement
Contract No. BDH36
Financial Number: 40339417203
*I
deduct from the jump 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). . Inthe 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
any one of the following conditions:
10.1. in the event 'the DEPARTMENT exercises the option
identified by Item Four (4) of this AGREEMENT;
10.2. As mutually agreed to by both.parties.
10.3. 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.
11. TERMS
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 one
(1) year beginning on the date stated in the Notice
To Proceed letter.
Memorandum of Agreement
Contract No. BDH' :) 6
Financial Number: 40339417203
0
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 $3,592.00 at the beginning of each Department
Fiscal Year.
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 ter * m of the original contract, whichever
period is longer, only if mutually agreed to in writing by the
DEPARTMENT and the 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.
13. ATTACHMENT "A" AMENDMENT
it is further understood that Attachment "All 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.
Memorandum of Agreement
Contract No. BDR36
Financial Number: 40339417203
7 -
15 1 . 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:
Plans for any new landscaping shall be subject to
approval by the DUARTMENT. 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;
15.3. All requirements and terms established by this
AGREEMENT shall also apply to any additional
landscaping installed under this item;
15.4. 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.
Memorandum of Agreement
Contract No. BDH36
Financial Number- 40339417203
M
16. This writing embodies the entire AGREEMENT and under6tanding
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.
17. This AGREEMENT is nontransferable and nonassignable in whole
or in part without consent of the DEPARTMENT.
18. This AGREEMENT, regardless of where executed shall be governed
by, and constructed according to the laws of the State of
Florida.
19.- Nothing g in this AGREEMENT shall be construed to violate the
pro-visions of Section 339.135(6)(a), of the Florida Statutes
(1997), 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 . y be paid on such contract. * The Department shall require a
statement from the Comptroller of the Department that funds
are avai lable 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
fbr 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.
Memorandum of Agreement
Contract No. BDH36�
Financial Number: 40339417203
Z
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 SOUTH MIAMI.
CITY OF SOUTH MIAMI
BY
City Manager
ATTEST:
BY:
City Clerk (Seal)
City Attorney
Memorandum of Agreement -
Contract No. BDH36
Financial Number: 40339417203
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST:
Executive Secretary
APPROVED AS TO LEGAL FORM:
BY:
District General Counsel
K
Below is the state road, the limits, length and acreage of the
areas to be maintained by the CITY OF SOUTH MIAMI under this
AGREEMENT.
STATE - STREET NAME FROM: TO:
ROAD NO.
5 South Dixie Hwy. SW 80th St.
Memorandum of Agreement
Contract,-No. BDH36
Financial Number: 44339417243
SW 57th Ave.
11
TOTAL:
LENGTH ACREAGE
(MILES) (MEDIANS)
1.2 '1.08
1.2 1.08
ATTACHMENT " B It
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPECIAL PERMIT
District Six
6/95
PERMIT NO.,
DATE: STATE ROAD NO.-
SECTION NO, MILEPOST FROM: TO:
COUNTY:
STATE PROJECT NO. (if applicable) RECORD NO.-
APPLICANT:
ADDRESS: STATE: ZIP CODE*.
CITY:
------------
TELEPHONE NO-: ion from the State Of Florida Department of Transportation, hereinafter called the
Applicant requests permission facility shown in the accompanying engineering as described
Department, to construct, operate, and maintain the
here: Intersec'tion'
Location or Construction, Street Name' and Nearest
Is the proposed work within the corporate limits of a municipality: Yes Lora} No Goi vern )
ment Contact
1. Name of municipality: l .,
the location of all existing utilities, both aerial and underground, has
Z. Prior to filing this application' (applicable). A letter of
been ascertained, and the accurate locations are shown on the, drawings Co t the following'
notification was mailed on
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 I to create or vest any
property right in said holder. the nepartment that it is necessary for the construction, repair,
4. Whenever it is determined by a
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.
.8 Roadway and Design Standards, specifications for Road and Bridge
5. All work shall meet Department ime or permit issuance. The work shall be
_construction, and other applicable criteria in effect at the . t. Permit/Maintenance Engineer
performed under the inspection supervision Of . This designated engineer
located at , Telephone No. ing and again immediately
shall be notified forty-eight (48) hours prior to the shall meet
before commencement of work. All material and equipment shall be subject to inspection by the designated
engineer or his authorized representative. its original condition as far as practical in keeping with
6. All Department property shall be restored to
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.
his work shall be made a part of this permit. This drawing shall include
7. A drawing covering details Of t e, and maybe required to bear the seal of a professional
plan, profile, and cross sections as appropriate, ings are required: Yes ( ) No ( )
engineer licensed in the.State of Florida. As i �built draw h within _ days commencement of work
from the date of
The Permittee shall commence actual construction in good fait
said permit approval and shall compete construction within ' days from the
unless the permittee shows good cause for delay and the Department approves an extension. No extension
beyond one (i) year from the date Of issuance of this permit will be granted.
This construction and maintenance shall not interfere with the property and rights Of a Prior De '
Permittee.
the
partment.
10. Special Conditions and Instructions by
Memorandum of Agreement
Contract No. BDH36
Finmeial Number: 40339417203
12
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 Parmittee 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.
22. During construction through Department acceptance of the permitted work, all safety regulations of the
Department 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 Department's current edition of the Roadway and Traffic Design Standards, index Series
Goo, 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:
Recommended for approval:
Approved by.-
corporate seal
Signature of Permittee
Name and Title (typed) Attested
Title:
District Permit Engineer or Authorized Representative
Memorandum of Agreement
Contract No. BDH36
Financial Number: 40339417203
13
Date:
Date:
Memorandum of Agreement
Contract No. BDH36
Financial Number: 40339417203
w