HomeMy WebLinkAboutexhibit1DEPARTMENT OF TRANSPORTATION
TURF AND LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT
WITH
THE CITY OF MIAMI
This AGREEMENT, entered into this day of , 2004,
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 MIAMI, a municipal corporation of the
State of Florida, existing under the Laws of the State of Florida,
herein after called the CITY.
WITNESSETH.
WHEREAS, the CITY and the DEPARTMENT herein agree that SR-972
(Coral Way) between SR-9 (1-95) and SW 37th Avenue (Douglas Road) is
a major entrance roadway to the City of MIAMI; and
WHEREAS, the CITY desires to enhance SR-972 (Coral Way) medians
with decorative improvements according to the Beautification Master
Plan for this roadway; and
WHEREAS,
the CITY intents to include supplemental landscaping
consisting of ground covers, an irrigation system and landscape
illumination; and
WHEREAS, the CITY hereto shall be responsible for the entire
landscaping work of the medians turf areas within the state road
right -a -way limits, excluding .the Banyan Trees. This
ershall include
the mowing, litter removal and edging and sweeping p by
th
Department within the limits specified in Attachment "A"; 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. _
attached hereto as Attachment "C", which by
reference hereto shall become a part art hereof, desires to enter into
this AGREEMENT and authorizes its officers to do so.
Contract No.: BD969
Financial Number: 25266627201
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NOW THEREFORE, for and in consideration of the mutual benefits
to flow each to the other, the parties covenant and agree as
follows:
1. CITY'S MAINTENANCE RESPONSIBILITY
The CITY shall be responsible for the maintenance of all
landscaped and/or turfed areas excluding the existing Banyan
Trees and for the new illumination and irrigation system in
the median within the limits described by Attachment "A". The
CITY shall be responsible for performing the work described
below for the landscaped and/or turfed areas with a minimum
frequency of twenty six (26) 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 and trim plants 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 Prune and trim the new ground covers.
1.4. Remove and dispose dead, diseased or otherwise
deteriorated plants.
1.4. Keep litter removed from the median.
1.5. Remove and dispose of all trimmings, litter, etc.,
resulting from the activities described by (1.1) through
(1.5) inclusively as described above.
1.6 Maintain and/or repair the new irrigation system.
1.7 Maintain and/or repair the new illumination system.
1.8 Pay water and power utility bills.
Contract No.: BD969
Financial Number: 25266627201
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2. WORK SCHEDULE
The CITY shall submit a schedule to the DEPARTMENT containing
the dates of when the CITY is planning to perform the
Maintenance 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.
3. NATURAL DISASTERS
The CITY shall not be responsible for the clean-up, removal
and disposal of debris from the median 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 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.
Contract No.: BD969
Financial Number: 25266627201
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5. NOTICES
A11 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:
To CITY:
Florida Department of Transportation
1000 Northwest 111th Avenue, Room 6214
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
City of MIAMI
444 SW .2nd Avenue
MIAMI, Florida 33130
Attention: City Manager
6. LANDSCAPE MODIFICATION
It is understood between the parties hereto that the
landscaping covered, as well as the irrigation and illumination
system 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. 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 Subitems (1.1) through
(1.5) .
The lump sum payment will be in the amount of $6,837.18
dollars per quarter for a total appropriation of $27 348.72
dollars per year.
In accordance with Section 287.058(1)(a), Florida Statutes,
the CITY shall submit the quarterly invoice/bill in detail
sufficient for proper preaudit and postaudit thereof.
Contract No.: BD969
Financial Number: 25266627201
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8. VENDOR RIGHTS
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 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 days, 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 o:E
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.
9. 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
deduct from the lump sum payment the acreage of the affected
area and only compensate the CITY for the actual work it
Contract No.: BD969
Financial Number: 2526662720I
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). In the event
this AGREEMENT is terminated as established by Item Ten (100)
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 1:0
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.
11.2. In accordance with Section 287. 058 (1) (e) , Florida
Statutes, this AGREEMENT is for a period of five
(5) years beginning on the date stated in the
Notice To Proceed letter.
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
Contract No.: BD969
Financial Number: 25266627201
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of $27,348.72 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 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, 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 "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.
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.
15. 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:
15.1. Plans for any new landscaping shall be subject to
approval by the DEPARTMENT. The CITY shall not
change or deviate from said plans without written
approval by the DEPARTMENT.
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Financial Number: 25266627201
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15.2. 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;
15.5. 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;
15.6. 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.
16. This writing embodies the entire AGREEMENT and understanding
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 in this AGREEMENT shall be construed to violate the
provisions of Section 339.135(6)(a), of the Florida Statutes
(1997), which provides as follows:
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Financial Number: 25266627201
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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 funds
are available 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
for 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.
Contract No.: BD969
Financial Number: 25266627201
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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 MIAMI.
STATE OF FLORIDA
CITY OF MIAMI DEPARTMENT OF TRANSPORTATION
BY: BY:
City Manager
District Secretary
ATTEST: ATTEST:
City Clerk (Seal) Executive Secretary
APPROVED AS TO LEGAL FORM:
BY: BY:
City Attorney District General Counsel
Contract No.: BD969
Financial Number: 25266627201
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