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HomeMy WebLinkAboutR-88-0366J-88-379 4/14/88 RESOLUTION NO. 048'ftWi A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE MIAMI SENIOR HIGH SCHOOL BAND TO DEFRAY THE COST OF THE BAND'S TRIP TO SANTO DOMINGO; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY APM-1-84, DATED JANUARY 24, 1984. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. An amount not to exceed $2,500 from Special Programs and Accounts, Contingent Fund, is hereby allocated in support of the Miami Senior High School Band to defray the cost of the Band's trip to Santo Domingo on April 14-17, 1988. Section 3. The herein allocation is hereby subject to and conditioned upon substantial compliance with City of Miami Administrative Policy APM-1-84, dated January 24, 1984. PASSED AND ADOPTED this 14th day of April , 1988. ATTES MATT IRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPR_V$o AS TO FORM AND CORRECTNESSt L IA A. DOUGHERTY CITY ATTORNEY VIER L. SUA, 59, CITY COMMISSION MEETING OF APR 14 19888 TION No. S.N. Sth STREET AGREEMENT THIS AGREEMENT, entered into this day of , 19 , by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter referred to as the DEPARTMENT and the CITY OF MIAMI a municipal corporation of the State of Florida, hereinafter referred to as the "CITY". W I T N E S S E T H WHEREAS, the CITY is embarking on a program to beautify and enhance streets within the corporate limits of the CITY; and WHEREAS, the CITY and the DEPARTMENT mutually recognize that the maintenance and operation of portions of the State Highway System affected by this program would be more efficiently and effectively performed by the CITY; and WHEREAS, the CITY, and the DEPARTMENT mutually recognize the need for entering into an agreement designating and setting forth responsibilities. NOW, THEREFORE, for and in consideration of the covenants herein contained, it is mutually understood and agreed as follows: 1. The following terms as used in this agreement are defined as follows: 1 R8-366 "STREETS" - the portion of State Road 90 (Section 87120), also known as S. W. 8th Street, from State Road 9A (Section 87270), also known as Interstate 95 to S. W. 27 Avenue State Road 09 (Section 87240). "STATE HIGHWAY SYSTEM" - Those roads which are the jurisdictional responsibility of the DEPARTMENT as established pursuant to F.S. (1985). "ROADWAY PORTION" - The portion of the STREET normally utilized to move vehicular traffic. This would normally include the travel lanes, curb, parking lanes, drainage and any special lanes for the movement of vehicles. "NON -ROADWAY PORTION" - The portion of the STREETS which are not normally required for the movement of traffic. This would usually include, but not be limited to, sidewalks, and other landscaped or decorative areas outside the travel lanes. 2. The CITY agrees to routinely and periodically maintain the plants and planters within the NON -ROADWAY PORTION of the right-of-way, including any decorative sidewalk or structures placed therein and be responsible for this segment of the NON -ROADWAY PORTION. 2 Revised 1-27-88 9S-366 W r 3. THE DEPARTMENT agrees to routinely and periodically maintain the ROADWAY PORTION of the STREETS and to be responsible for the operation of this ROADWAY PORTION. Further, the DEPARTMENT agrees to routinely and periodically maintain the NON -ROADWAY PORTION of the STREETS within the CITY not specifically included in Item 02. 4. If, at any time during the term of this agreement it shall come to the attention of the DEPARTMENT that the CITY is not meeting its obligations with respect to maintenance and operations, the DEPARTMENT shall give the CITY written notice of such deficiencies in maintenance and operation. Thereafter, the CITY shall have a period of thirty (30) calendar days from the date of notice within which to correct the cited deficiencies. In the event the CITY fails to respond to the notice, or, does not make sufficient progress towards remedying the deficiencies within the DEPARTMENT's sole determination, then the obligations of the CITY shall cease and the responsibility for maintenance and operations shall return to the DEPARTMENT. In this event, the CITY, at its sole expense, shall restore that segment of the NON -ROADWAY PORTION of the street to its original condition. 5. The CITY, and the DEPARTMENT each bind themselves and their successors to the obligations respectively assumed by each hereunder. Neither party shall assign, subject or transfer its interest under this AGREEMENT without prior written consent of the others. 3 Revised 1-27-88 �R-36f t ^ 6. To the extent permitted by 44, the CITY covenant and agree that they will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT's officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the CITY in the performance of this AGREEMENT. Neither the CITY nor any of their officers, agents or employees will be liable under this section for damages arising out of injury or damages to persons or properties directly caused or resulting from sole negligence of the DEPARTMENT or any of its officers, agents or employees. 7. This agreement or part thereof is subject to termination under any one of the following conditions: a) In the event the DEPARTMENT exercised the option identified by Item Four (4) of this agreement. b) As mutually agreed to by all parties with a thirty (30) day written notice. The terms of this agreement shall commence on the date of this agreement and shall continue until termination in accordance with the above. El R9-366 d. 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. No alteration, change or modification or the terms of the AGREEMENT shall be valid unless made in writing and signed by each party hereto. This AGREEMENT, regardless of where signed shall be governed and constructed according to the laws of the State of Florida. 9. Attached hereto is a certified copy of a Resolution of the CITY of Miami Commission authorizing the CITY Manager to enter into this AGREEMENT designated Exhibit "A" and by this reference made a part hereof. IN WITNESS THEREOF, the parties hereto set their hands and seals the day and year first above written. 5 R9-36f; f f Approved as to Form S legality: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Attorney Date Director of Operations Attest: City of Miami By: City Manager Attest: Ci ty Cl erk Approved as to Form: City Attorney 1] A8-366 17 City OP MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO Monorable Mayor and DATE MAR 3 1 1988 nit Members of the City Commission SUBJECT Resolution Authorizing the City Manager to Enter Into a Landscape Maintenance Agreement for FROM Cesar M. Odio REFERENCES S.W. 8 St., I-95 to S.W. 27 Ave. City Manager ENCLOSURES (For Commission Meeting of April 14, 1988) RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution authorizing the City Manager to enter into an Agreement with the Florida Department of Transportation accepting maintenance responsibilities for the landscaping and decorative sidewalk installed in the non -roadway portion of S. W. 8 Street from I-95 to S. W. 27 Avenue. BACKGROUND: The Department of Public Works has reviewed the request of the Florida Department of Transportation to enter into this agreement. Beautification of S. W. 8 Street was accomplished by an agreement entered into between the City of Miami and Metro -Dade County under a Community Development Program on March 7, 1978. Dade County developed the project and the City was required to maintain it. The Florida legislature by Statute required that all roads be functionally classified by July 1, 1982. Although S. W. 8 Street was always a State Road, the Florida Department of Transportation claimed they only maintained the traveled right-of-way. The reclassification, reinforced by a declaratory judgment, made the State responsible and liable for maintaining all areas of the right-of-way other than landscaping or decorative sidewalk placed by the City. The Florida Department of Transportation maintains they cannot issue permits for the planting or removal of trees because State Bill 7687 made S. W. 8 Street a historical highway. If the Florida Department of Transportation relinquishes control of the non -roadway portion of the highway, the City could then plant or replace trees as desired. Also the present location of the trees does not meet minimum Florida Department of Transportation set back standards. 98-36C, • • Honorable MM" and ber MaOs of the City Commission Page 2 The Little Havana Kiwanis group eventually wants to replace Mast of the black Olive trees with Royal Palms. They initially planted 200 Royal Palms last year. The State only permitted this with the understanding that the City would enter into a maintenance agreement. City forces have always been maintaining the trees and decorative sidewalk along S. M. 8, Street between I-95 and S. M. 27 Avenue without a formal agreement. The Florida Department of Transportation insists upon this agreement to relieve the State of any maintenance responsibility or liability for damages that may be caused by the trees or the decorative sidewalk.