Loading...
2003-019RESOLUTION NO. 2003-1g A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR LANDSCAPE MAINTENANCE ON THE WILLIAM LEHMAN CAUSEWAY FROM WEST COUNTRY CLUB DRIVE TO EAST COUNTRY CLUB DRIVE BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION 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 hereby authorized to execute the attached Memorandum of Agreement by and between the City of ^ventura and the Florida Department of Transportation for the City of Aventura to provide landscape maintenance services on the William Lehman Causeway for the Florida Department of Transportation. Section 2. The City Manager is hereby 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 Vice Mayor Holzberg, who moved its adoption. The motion was seconded by Commissioner Rogers-Libert and upon being put to a vote; the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Grossman yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg yes Mayor Jeffrey M. Pedow yes Resolution No. ~nn~-i q Page 2 PASSED AND ADOPTED this 11 "~ day of March, 2003. /JEI~FREY~I~I. PERLOW, MAYOR T/~I~I=SA ~ CL~..~:OK/~' ~Mc APPROVE[;) AS TO LEGAL SUFFICIENCY: CITY ATTORNEY HIGHWAY I~/TDSCAPE MAINTENANCE M~MORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 2003 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 Aventura, a political subdivision of the State of Florida, existing under the Laws 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, protection of the Investment and other reasons, has constructed and does maintain the landscape on SR-856 (William Lehman Causeway), within the limits outlined in Exhibit "B" attached hereto and incorporated by reference herein, within the corporate limits of the City of Aventura, Miami-Dade County, Florida; and WHEREAS, the CITY is of the opinion that said highway facilities which contain sprinkler/irrigation system, trees, palms and groundcovers (the "Plantings" ) shall be maintained by periodic trimming, cutting, mowing, fertilizing and necessary re-plantings and repairs; 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. "A" and by this Reference made a part hereof, Agreement and authorizes its officers to do so; and attached hereto as Exhibit desires to enter into this 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 CITY shall perform the following standards in a reasonable manner and with all due care. The CITY hereby agrees to maintain, at its sole cost and expense the plantings, following the Department's landscape guidelines, safety and plant care. The CITY's responsibility for maintenance shall include all landscaped and/or turfed areas 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: To maintain, which means that proper watering and proper 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 mow and /or cut the grass to a proper length: 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 hazard for those using the roadway. Contract No.: AN308 1 Financial No.:413811 1 74 01 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 grade as specified in the original plans and specifications and of a size comparable to those existing at the time approval is obtained from deletions. To maintain also means to keep litter removed from the median strip or landscaped areas within the said project. 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 payment reduction, reworking or agreement termination. 2. If at any time after the CITY has assumed the maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary, that the limits of Exhibit "B' or a part thereof is not properly maintained pursuant to the terms of the Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter in care of City Manager to place said CITY on notice thereof. Thereafter. The CITY shall have a period of thirty (30) 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) (b) Maintain the landscaping during construction or a part thereof, with Department or an independent contractor's personnel and deduct the cost of such work from the CITY's payment for said work or par thereof, or Terminate Agreement in accordance with Paragraph 4 of this agreement and remove, by Department or an independent contractor's personnel, all of the ground cover and shrubs installed under this Agreement or any preceding agreements except as to trees and palms and charge the CITY for the reasonable cost of such removal. 3. It is understood between the parties hereto that the ground cover. shrubs, trees and palms 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 written notice to remove said ground covered, shrubs, trees and palms after which time, the DEPARTMENT may remove said ground cover, shrubs, trees and palms. 4. This Agreement may be terminated under any one of the following conditions under Paragraph 2.: (a) By the DEPARTMENT, if the CITY fails to perform it's duties 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 Contract No.: AN308 2 Financial No.:413811 1 74 01 provisions of Chapter 119, Florida Statutes an made or received by the CITY in conjunction with this Agreement. (C) By either party following sixty (60) calendar days written notice. (c) By both parties, thirty (30) calendar days following complete execution by both parties, of an agreement to terminate this Agreement. 5. It is anticipated that the term of this Agreement will extend beyond the Department's current fiscal year. 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 Agreement 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 Agreement or other binding conunitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, however, contract so made shall be executed only for the value of the services to be rendered or agreed to be paid for in successing fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 6. To the extent provided by law, the City shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the City, its agents, or employees, during the performance of the Agreement, except that neither the City, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the City in the performance of services required under this Agreement, the Department will immediately forward the claim to the City. and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the City in the defense of the claim or to require that the City defend the Department in such claim as described in this section. The Department's failure to promptly notify the City of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the City. The Department and the City will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 7. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8. 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 Contract No.: AN308 3 Financial No.:413811 1 74 01 upon all claims, questions and disputes shall be final and conclusive upon the parties. Hereto. 9. This Agreement may not be assigned or transferred by the CITY, in whole or in part without prior written consent of the DEPARTMENT. 10. This Agreement shall be governed by, and construed according to 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. 11. The parties agree that in the event of any mediation or court proceeding for the enforcement, defense or interpretation of either party's rights under this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs at both the trial and appellate levels. 12. If any term, covenant, condition or provision of this Agreement{or the application thereof to any circumstance or person) shall be invalid or unenforceable to any extent, the remaining terms covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of the agreement between the parties. 13. The parties here by waive trial by jury in any legal proceeding brought with respect to any matter whatsoever arising out of or in any way connected with this Agreement or the relationship of City and the Department. Contract No,: AN308 4 Financial No.:413811 1 74 01 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTAHON DOT Approval as to Date Form and Legality By: District Secretary ATTEST: (SEAL) Executive Secretary AGENCY Approved as to Form Date City Attorney, City of Aventura BY: (SEAL) CityManager Contract No.: AN308 5 Financial No.:413811 1 74 01