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Resolution No. 2023-03 Florida Department of Transportation Turf & Irrigation Maintenance - January 5, 2023 CITY OF AVENTURA RESOLUTION NO. 2023-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR TURF AND IRRIGATION MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY ON BISCAYNE BOULEVARD, FROM SOUTH OF NE 203RD STREET TO SOUTH OF NE 207T" STREET, BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute the attached Agreement between the City of Aventura and the Florida Department of Transportation to provide turf and irrigation maintenance services on the Florida Department of Transportation rights- of way on Biscayne Boulevard, from south of NE 203rd street to south of NE 2071h Street, described in the Agreement as the Project Limits Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Stern, who moved its adoption. The motion was seconded by Commissioner Kruss, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes City of Aventura Resolution No. 2023-03 PASSED AND ADOPTED this 5th day of January, 2023. HOWARD S. WEINBERG, E MAYOR q �zc ATTEST- ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: r I CITY ATTORNEY Page 2 of 2 FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF AVENTURA This AGREEMENT, entered into on , 20 , by and between the STATE OF FLORIDATRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF AVENTURA, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. CI A. The DEPARTMENT has jurisdiction over State Road (SR) ,5 1) (Biscayne Boulevard) from south of NE 203rdStreet to soot of NE 207thStreet, which is located within the limits of the CITY; and E. The DEPARTMENT has drafted design plans for beautification on SR-5 from south of ICE 203rd Street to south of NE 207th Street, the limits of which are described in the attached Exhibit `A° (the PROJECT LIMITS) , which by reference shall become a part of this and C. The DEPARTMENT will construct landscape, irrigation and turf in accordance with the design plans corresponding to Financial Project ID 440683-1-52-01 (the "Project") , as approved by the ; and D. It is the intent of the PARTIES for this AGREEMENT to supplement all existing Maintenance Memorandum of Agreement and existing Permits previously executed between the DEPARTMENT and the CITY; and E. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the CI ° s responsibilities with regards to the existing and proposed landscape, irrigation and turf within the PROJECT LIMITS; and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page 1 of 12 F. The CITY, by Resolution No. , dated , attached hereto as Exhibit `B° , which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows ® 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2. DEPARTMENT RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the existing and proposed landscape, irrigation and turf (the "IMPROVEMENTS") within the PROJECT LIMITSto the CITY upon the ° s acceptance of the work. 3. CI MAINTENANCE I ILI I So long as the IMPROVEMENTS remain in place, the CITY shall be responsible for the maintenance of the same, at CI ° s sole cost and expense. The CITY shall maintain all the IMPROVEMENTS in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time . Additionally, the CITY shall maintain the landscape in accordance with the International Society of Arboriculture standards, guidelines and procedures, the latest edition of the ®Maintenance Rating Program", and Index 546 of the latest DEPARTMENT Design Standards as may be amended from time to time . The CITY shall further maintain the landscape, turf and hardscape in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions . The CI ' s maintenance obligations for all the IMPROVEMENTS shall include but not be limited to: Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page 2 of 12 m 1 General Requirements: a® Removing and disposing of litter from PROJECT LIMITS in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b® Removing and disposing of all trimmings, roots, branches, litter, repairs, and any other debris resulting from the activities described by 3 . 2 . cm Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the ® s right-of-way. Lane closure requests shall be submitted through the District Six. Lane Closure Information System, to the DEPARTMENT' s area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. 3.2 scape and all Associated Improvements: a® Mowing, cutting and/or trimming and edging the existing and proposed grass and turf within the PROJECT LIMITS. Install sod/grass matching the adjacent areas so there is no exposed ground/soil . bm Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof, including all material from private property encroaching into the T° Right-of-Way. cm All pruning and trimming will follow the Maintenance Rating Program Handbook which specifically requires no encroachment of trees, tree limbs or vegetation in or over travel way (or clear zone) lower than 14 . 5 feet, or lower than 10 feet over sidewalks. da Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in the Project Plans and in the Project Specifications, incorporated herein by reference, and all applicable DEPARTMENT guidelines, standards and procedures, as may be amended from time to time. All replacement Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page 3 of 12 materials shall be in accordance with the Project Plans and the Project Specifications and Special Provisions ® e. Mulching all plant beds and tree rings ® fm Repairing irrigation systems and associated components as needed® Paying for all water use and all costs associated therewith, g® Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials . hm [catering and fertilizing all plants as needed to maintain the plant materials in a healthy and vigorous growing condition, im Removing and disposing of litter from roadside and median strips in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed® The DEPARTMENT may, at its sole discretion, perform periodic inspection of the IMPROVEMENTS to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time ® 4. MAINTENANCE I I If at any time it shall come to the attention of the DEPARTMENT that the CI ®s responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page 4 of 12 the CITY of the maintenance deficiencies® From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows : am Maintain the MKPROVEMENTS, or a part thereof, and invoice the CITY for expenses incurred; or ba Terminate this AGREEMENT in accordance with Section 7, remove any or all landscaping located within the PROJECT and charge the CITY the reasonable cost of such removal . 5m 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 certified U. S . mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows : To t : Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attn: District Maintenance Engineer To the CITY: City of Aventura 19200 W Country Club Drive Aventura, FL 33180 Attention: CITY Manager/Mayor Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. - , RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS am The PARTIES agree that the IMPROVEMENTS addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT' s sole discretion. The DEPARTMENT shall notify the CITY as soon Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page 5 of 12 as practicable of any such removal, relocation or adjustment of the IMPROVEMENTS. This notification is not subject to the notice provisions of Paragraph 5 of this In the event that the DEPARTMENT relocates or adjusts the IMPROVEMENT, the CITY I maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the Project Limits . 7 . TERMINATION This AGREEMENT is subject to termination under any one of the fallowing conditions® a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, fallowing the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b. 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 . C. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES and shall continue so long as the IMPROVEMENTS remain in place until termination as set forth in Section 7 . b. 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. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(fives and Biscayne) Page 6 of 12 C. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. d. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. e. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. f. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. i. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. j . No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. k. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 768 .28, Florida Statutes, as may be amended from time to time . Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the ' s sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768 .28, Florida Statutes . 1 . The CITY is a municipal corporation, self-insured and subject to the provisions of Section 768 .28, Florida Statutes, as may be amended from time to time . Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the CI ' s sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768 .28, Florida Statutes . Maintenance Memorandum of Agreement between Florida Department ent of Transportation and City of Aventura(Ives and Biscayne) Page 7 of 12 9. INDEMNIFICATION Subject to Section 768 .28, Florida Statutes, as may be amended from time to time, the CITY shall; (a) promptly indemnify, defend, sage and hold harmless the its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, reasonable costs, damages, judgments, claims, demands, liabilities, reasonable attorney® s fees, (including regulatory and appellate fees) , and suits of any nature or kind whatsoever caused by, arising out of, or related to the CI es negligent exercise or of its responsibilities as set out in this including but not limited to, any negligent act, negligent action, negligence or omission by the CITY, its officers, agents, employees or representatives in the performance of this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or resulting from the negligence of the ® and (b) pay all reasonable costs and fees related to this obligation and its enforcement by the The CI Y® s obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the ME ® s option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CI ® s receipt of the es notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The Ps failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the The CI evaluation of liability or its inability to evaluate liability shall not excuse the CI ® s duty to defend and indemnify the DEPARTMENT under the provisions of this section. only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Pugs 8 of 12 negligent shall excuse performance of this provision by the CITY. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page 9 of 12 WHEREOF,IN WITNESS the PARTIES hereto have caused these presents to be executed the day and year first above written. CI m STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: City Manager/Mayor District Director of Transportation Operations ATTEST: (SPIAL) ATTEST: City Clerk Executive Secretary REVIEW:LEGAL City Attorney District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City ofAventwa(Ives and Biscayne) Page 10 of 12 LIMITSEXHIBIT 'A PROJECT Below are the limits of the existing and proposed landscape, irrigation and turf to be maintained under this AGREEMENT. AgreementState Road Number: 5 (US-1) (Biscayne Boulevard) Limits: o at 3rd St. to south of NE 207th St. County: Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page I I of 12 CITY To be herein incorporated once adopted by the CITY Councils Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Aventura(Ives and Biscayne) Page 12 of 12 CITY OF AVENTURA RESOLUTION NO. 2023-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR TURF AND IRRIGATION MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY ON BISCAYNE BOULEVARD, FROM SOUTH OF NE 203RD STREET TO SOUTH OF NE 207T" STREET, BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute the attached Agreement between the City of Aventura and the Florida Department of Transportation to provide turf and irrigation maintenance services on the Florida Department of Transportation rights- of way on Biscayne Boulevard, from south of NE 203rd street to south of NE 2071h Street, described in the Agreement as the Project Limits Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Stern, who moved its adoption. The motion was seconded by Commissioner Kruss, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes City of Aventura Resolution No. 2023-03 PASSED AND ADOPTED this 5th day of January, 2023. HOWARD S. WEINBERG, E MAYOR q �zc ATTEST- ELLISA L. HORVAT , MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: r I CITY ATTORNEY Page 2 of 2