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HomeMy Public PortalAbout10-8036 MA South Florida Railroad Tracks Sponsored by: City Manager RESOLUTION NO. 10-8036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA AUTHORIZING THE CITY MANAGER TO ACCEPT THE MAINTENANCE REIMBURSEMENT MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE CITY OF OPA- LOCKA FOR THE PRESERVATION OF THE AREAS OUTSIDE OF THE SOUTH FLORIDA RAILROAD TRACKS WHICH ARE WITHIN THE BOUNDARIES OF THE CITY OF OPA-LOCKA; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE SAID REIMBURSEMENT AGREEMENT,IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS($30,000.00), PAYABLE FROM ACCOUNT NUMBER 41-541340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City Commission of the City Opa-locka desires to authorize the City Manager to enter into an agreement with the State of Florida Department of Transportation(FDOT)to maintain the areas outside the rail road tracks to the right of way line, excluding sidewalks; and WHEREAS,the City of Opa-locka will maintain the area by periodic trimming,cutting,mowing and litter pickup, following the Department's landscape safety guidelines; and WHEREAS, the cost associated with this agreement shall not exceed $30,000.00, and will be reimbursed by the State of Florida Department of Transportation. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the Preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City RESOLUTION No.10-8036 Manager to accept the maintenance reimbursement memorandum of agreement between the State of Florida Department of Transportation and the City of Opa-Locka for the preservation of the areas outside of the South Florida railroad tracks which are within the boundaries of the City of Opa-Locka, in an amount not to exceed$30,000.00,payable from Account No.41-541340,which shall be reimbursed by the State of Florida Department of Transportation. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24`h day of March, 2010. JOSE . LLEY MAYO Attest toy Approved as to form and le;,al s f icifncy: DEBO AH S. IRBY JOSEPH Si GELLER, ESQUIRE CITY CLERK INT RIM/CITY ATTORNEY Match 24, 2010 DATE Moved by: JOHNSON Second by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES aQ>-�ocka. 0 ��< p, � 0 \ Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson missioner Rose Tydus FROM: laranacelPtifeis M4Iger DATE: March 24,2010 RE: Resolution Maintenance reimbursement Memorandum of Agreement between the State of Florida Department of Transportation and the City of Opa-locka Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ACCEPTING THE MAINTENANCE REIMBURSEMENT MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OPA-LOCKA FOR THE PRESERVATION OF THE AREAS OUTSIDE OF THE SOUTH FLORIDA RAILROAD TRACKS WHICH ARE WITHIN THE BOUNDARIES OF THE CITY OF OPA-LOCKA; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE SAID REIMBURSEMENT AGREEMENT, IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000), IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY, PAYABLE FROM ACCOUNT NO. 41-541340. Description: This Resolution authorizes the City Manager to enter into an agreement with the State of Florida Department of Transportation to maintain the areas outside the rail road tracks to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, and litter pickup, following the Department's landscape safety guidelines. Financial Impact: The cost associated with this request is $30,000, which will be reimbursed by the State of Florida Department of Transportation. Implementation Time Line: Upon adoption of this resolution and execution of the contract. Legislative History: None 1 Recommendation(s): Staff is recommending the execution of the proposed maintenance and reimbursement agreement with the State of Florida Department of Transportation. ATTACHMENT(S): 1. Maintenance reimbursement memorandum of agreement between the State of Florida Department of Transportation and the City of Opa-locka 2. Copy of map of the rail road area PREPARED BY: Octavien Spanner 2 DISTRICT FOUR(X) MAINTENANCE MEMORANDUM OF AGREEMENT DSF-REIMB MAINTENANCE THIS AGREEMENT, made and entered into this day of 20 , 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 OPA-LOCKA , political subdivision of the State of Florida, existing under the Laws of Florida,hereinafter called the"AGENCY". WITNESSETH WHEREAS, as part of the continual updating of the South Florida Rail Corridor, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a 100 foot width right of way between mile post 1028.9 and mile post 1031.6 as described in Exhibit"A"attached hereto and incorporated by reference herein,within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said rail corridor that contains areas outside the tracks to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing and litter pick-up; 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 AGENCY by Resolution No. dated , 20_, attached hereto and by this reference made a part hereof, desires to enter 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. The AGENCY agrees to maintain the areas outside the tracks to the right of way line, excluding sidewalk,by periodic trimming,cutting,mowing,and litter pickup,following the Department's landscape safety guidelines. The AGENCY's responsibility for maintenance shall include all landscape areas and areas outside the tracks to the right of way line, excluding sidewalk, on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain,which means to keep the right of way as free as practicable from weeds;to mow and/or cut the grass to a proper length; to properly prune all plants, trees and brush which includes (1) removing dead or diseased parts of plants, trees or brush or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing dead or diseased plants, trees or brush in their entirety. To maintain also means to keep litter removed from the right of way and areas outside the tracks to the right of way line, excluding sidewalk. (a) When any mowing,cutting of weeds,tree and brush removal or pruning and removal of litter is performed on the. Department's right of way and railroad track a CSX Transportation flagman must be present to perform flag protection. The AGENCY will bear the cost of the flagman. Brian Reeves of the Department(954) 777-4484 shall be notified a minimum of five days prior to such activities to provide CSXT flag protection service. The above named functions to be performed by the AGENCY shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction,reworking or agreement termination. 2. If at any time after the AGENCY has assumed the maintenance responsibility above- mentioned,it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option terminate the Agreement in accordance with Paragraph 6 of this Agreement. 3. For the services specified herein, the Department agrees to reimburse the AGENCY an amount not to exceed$XXXX.XX, as defined in Attachment`B". Subject to this limit,the Department will pay only for the following costs: (a) Mowing (b) Weed control (c) Brush and tree removal (d) Brush and tree pruning (e) Litter, Debris removal The Department's participation in the project cost,as described in Attachment"B"is limited to only those items which are directly related to this project. The parties acknowledge and agree the duties and responsibilities are as established by the terms and conditions for performance by the Department and the Agency as set forth herein. In addition, and not contingent upon such terms and conditions, the Department is currently in a position to fund a portion of the maintenance function as described herein as more particularly described in exhibit "B",as funds for such contribution are available through an appropriation of the legislature and have been designated for purposes by the Department. 2 The Department's annual contribution shall be subject to obtaining an annual approval by the comptroller that funding for such a purpose is available and has been encumbered to contribute to the Agency for such purposes. Funds for this initial fiscal year have been so encumbered and this contribution shall continue on a yearly basis, if available and encumbered, and may be adjusted in future years by the Department, in its sole discretion, by a letter agreement. 4. Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. 5. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof, and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. 6. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records,together with supporting documents and records,of the contractor and all subcontractors performing work,and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7. The AGENCY agrees to return all monies received under the terms of this Agreement,to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 8. Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames.Upon receipt,the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications,purchase order or contract specifies otherwise.The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. 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. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services,a separate interest penalty in accordance with Section 215.422(3)(b),F.S.will be due and payable,in addition to the invoice amount to the Agency. 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(1)dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor 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. A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in 3 obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 9. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents,papers,letters,or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. 10. The term of this Agreement commences upon execution. 11. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department,its officers and employees from all suits,actions,claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. 12. No change will be made in the payment terms established under item four (4) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of additional landscaping or maintenance costs. 13. 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. 14. In the event this Agreement is in excess of$XXXXXX and has a term for a period of more than one year, the provisions of Chapter 339.135(6) (a), F.S., are hereby incorporated: "(a) The Department,during any fiscal year, shall not expend money,incur any liability,or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract,verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$XXXXX.XX dollars and which have a term for a period of more than 1 year." 15. 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 4 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. 16. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 17. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. 5 IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: City Manager Director of Transportation Development Attest: (SEAL) Attest: (SEAL) City Clerk Executive Secretary Legal Approval Legal Approval 6 FM.NO.: XXXXXXXXXX CONTRACT NO.: EXHIBIT "A" PROJECT LOCATION: City of Opa-locka, Florida, Miami-Dade County Project Description: Provide funds for quarterly maintenance of mowing, tree and brush pruning and removal, weed control and litter removal on the rail corridor between Mile Post xxxx.xx, Opa-locka and Mile Post xxxx.xx approximately xxxxx feet south of Ali Baba Avenue. NOTE: Mileposts (MP) are obtained from Department of Transportation Straight Line Diagrams. 7 FM NO.: XXXXXXXXXX CONTRACT NO.: EXHIBIT `B" The Department agrees to reimburse the AGENCY,during the current fiscal year at a lump sum rate per quarter for the following maintenance activities.These costs will be paid,upon invoice to the Department, at the end of each quarter of the Department's fiscal year unless other payment arrangements have been agreed upon. Maintenance activities listed below are to be performed on a quarterly basis. (a) Mowing (b) Weed control (c) Brush and tree removal (d) Brush and tree pruning (e) Litter, Debris removal 8 FM NO.: XXXXXXXXXX CONTRACT NO.: ATTACHMENT "C" (GENERAL) PROJECT COST This Exhibit forms an integral part of the Maintenance Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. 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