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Resolution: R-10-0167
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00409
Final Action Date: 4/22/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE
MAINTENANCE OF STATE ROAD 5/US-1, FROM STATE ROAD 9A/I-95 TO
SOUTH MIAMI AVENUE, MIAMI, FLORIDA.
WHEREAS, the Florida Department of Transportation ("FDOT") has jurisdiction over State Road
("SR") 51US-1 from SR 9A/I-95 to South Miami Avenue, Miami, Florida, within the limits of the City of
Miami; and
WHEREAS, the FDOT has drafted design plans for beautification improvements on SR 5/US-1,
from SR 9A/I-95 to South Miami Avenue, Miami, Florida; and
WHEREAS, the City of Miami has agreed to maintain said improvements under the terms and
conditions set forth in the Maintenance Memorandum of Agreement, in substantially the attached form;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fullyset forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Maintenance Memorandum of
Agreement, in substantially the attached form, with the FDOT, for the maintenance of SR 5/US-1, from
SR 9A/I-95 to South Miami Avenue, Miami, Florida.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
City of Miami Page I of 2 File Id: 10-00409 (Version: I) Printed On: 4/27/2010
File Number. 10-00409 Enactment Number: R-10-0167
{1 } The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Mianzi Page 2 of 2 File Id: 10-00409 (Version: 1) Printed On: 4/27/2010
FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH
CITY OF MIAMI
f
This AGREEMENT, entered into this rl day of ��
2019, by and between the 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 and
existing under the Laws of the State of Florida, hereinafter called
the CITY.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over State .Road
(S.R.) 5/US-1 from S.R. 9A/I-95 (M.P 8.293) to South Miami Avenue
(M.P. 8.619), within the limits of the CITY, as part. of the State
of Florida Highway System; and
WHEREAS, the DEPARTMENT has drafted design plans for
beautification improvements on S.R. 5/US-1 in accordance with
DEPARTMENT Contract # E-6E88, the limits of which, hereinafter
PROJECT LIMITS, are described in the attached Exhibit 'A', which by
reference hereto shall become a part hereof; 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 Nof710-0167, dated April 22,
2010, attached hereto as Exhibit 'B', which by reference hereto
shall become a part hereof, desires to ent-r 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:
1.DEPARTMENT RESPONSIBILITIES
a. Assignment
The DEPARTMENT and the CITY agree that, by executing this
AGREEMENT, all maintenance responsibilities pertaining to
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Pagel of 8
the landscape within the PROJECT LIMITS will be assigned
to the CITY in perpetuity.
2. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall be solely responsible for the maintenance and
preservation of the landscape within the PROJECT LIMITS,
excluding areas within limited access fencing.
a. 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".
b. Properly prune all plants, which include trees, shrubs
and ground covers, in accordance with the latest edition
of the "Maintenance Rating Program" and the International
Society of Arboriculture. Prune, trim and/or edge such
parts thereof which may present a visual or.other safety
hazard for those using or intending to use the right of
way including growth around street lights and traffic
signals.
c. Keep plants as free as possible from disease and harmful
insects. Remove and properly dispose of dead, diseased,
or otherwise deteriorated plants in their entirety, and
replacing those that fall below original project
standards. All replacement material shall be replaced,
at minimum, by plants of the same size and grade as
specified in the PLANS AND SPECIFICATIONS, incorporated
herein by reference.
d. Properly mulch all plant beds and tree rings.
e. Properly remove and dispose of all undesirable vegetation
including but not limited to weeding of plant beds and
removal of invasive exotic plant materials.
f. Water and fertilize all plants properly.
g-
Remove and properly dispose of litter from roadside and
median strips.
h. Remove and dispose of all trimmings, roots, branches,
litter, etc., resulting from the activities described by
2.A through 2.G inclusively as described above.
The above -named functions to be performed by the "CITY may be_
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page2of8
subject to periodic inspections by the DEPARTMENT at its sole
discretion. Such inspection findings will be shared with the
CITY and shall be the basis of all decisions regarding
reworking or agreement termination. The CITY shall not change
or deviate from said plans without written approval of the
DEPARTMENT.
3. MAINTENANCE DEFICIENCIES
If, at any time while the terms of this AGREEMENT are in
effect, it shall come to the attention of the DEPARTMENT that
the CITY's responsibility as established herein. or a part
thereof is 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 place
the CITY on notice regarding its maintenance deficiencies.
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:
a. Maintain the landscape, or a part thereof, with
DEPARTMENT or contractor's personnel and invoice the CITY
for expenses incurred; or
b. Terminate the Agreement in accordance with Section 6 of
this Agreement and remove, by DEPARTMENT or contractor's
personnel, all of the landscape installed under this
Agreement or any preceding agreements and charge the CITY
the reasonable cost of such removal.
4.NOTICES
All notices, requests, demands, consents, approvals, and other
communication which are required to beserved 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 the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page3of8
To the CITY:
5. LANDSCAPE
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Attention: City Manager
a. It is understood between the parties hereto that the
landscape 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. The CITY shall be given sixty (60)
calendar days notice to remove said landscape after which
time the DEPARTMENT may remove same.
b. The CITY may construct additional landscape within the
PROJECT LIMITS identified as a result of this document,
subject to the following conditions:
i. Plans for any new and/or additional materials shall
be subject to approval by the DEPARTMENT. The CITY
shall not change or deviate from said plans without
written approval by the DEPARTMENT.
ii. All landscape shall be developed and implemented in
accordance with appropriate state safety and road
design standards.
iii. The CITY agrees to comply with the requirements of
this AGREEMENT with regard to any additional
materials installed.
6.-TERMINATION
This AGREEMENT is subject to termination under any one of the
following conditions:
a. By the DEPARTMENT, if the CITY fails to perform its
duties under Section 2, following thirty (30) days
written notice.
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,
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 4 of 8
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. Only if mutually agreed to by both parties with a six (6)
month written notice.
7. TERMS
a. The terms of this AGREEMENT shall only commence upon
execution by all parties. This AGREEMENT shall continue
in perpetuity or until termination as set forth in
Section 6.
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.
c. 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 upon all claims, questions and
disputes shall be final and conclusive upon the parties
hereto.
d. This AGREEMENT is nontransferable and nonassignable in
whole- or in part without the prior written consent of the
DEPARTMENT.
.e. This AGREEMENT, .regardless of where executed, shall be
governed by and constructed in accordance with the laws
of the State of Florida.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 5 of 8
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF.MIAMI:
BY:
CITY Manager
ATTEST.
CITY Clerk
BY:
BY:
IL
CITY At t..dr
Risk Admi n strator
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY:
DisrictlSecretary
EAL) ATTEST: ?I��
LEGAL REVIEW:
BY:
Ex_ecuti've Secretary
District Chief counsel
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 6 of 8
Exhibit 'Al'
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EXISTING CITY OF MIAMI NINIOA
PROPOSED EXTENSION Ot MMOA
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EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the landscape to be maintained under this
AGREEMENT.
State Road Number:
Agreement Limits:
County:
5/US-1
From S.R. 9A/I-95 (MP 8.293) to South Miami
Avenue (MP 8.619)
Miami -Dade
Incorporated herein by reference is Exhibit "Al", US-1 Median
Extension.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 7 of-8
EXHIBIT 'B'
CITY OF MIAMI RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 8 of 8