HomeMy WebLinkAboutR-2003-199 Approving a reimbursable grant through FDOT for purchase of 60 royal palm trees RESOLUTION NO. 2003-199
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING A REIMBURSABLE GRANT THROUGH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) IN THE AMOUNT OF
$25,000.00 WITH A MATCH OF IN-KIND SERVICES FROM THE CITY IN
THE AMOUNT OF $25,000.00 FOR THE PURCHASE OF SIXTY (60)
ROYAL PALM TREES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach has identified the need for Royal Palm trees
to be planted throughout the City; and
WHEREAS, the City has identified an opportunity through FDOT (Florida
Department of Transportation) under which a reimbursement program is available to the
City to purchase such trees in the amount of $25,000.00, with an in-kind match from the
City in the amount of$25,000.00;
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Manager is authorized to approve funding in the amount
of$25,000.00 to purchase sixty(60) Royal Palm trees, to be reimbursed by FDOT (Florida
Department of Transportation) and the proper City officials are authorized to execute
related grant documents.
Section 2. That upon adoption of this resolution, the Finance Director is
authorized to appropriate the grant fund budget by the reimbursable amount and
appropriate the expenditure account.
Section 3. That the Public Services Department is directed to provide the in-kind
services in the form of planting and maintaining the trees in an amount equal to the sum of
$25,000.00.
1 RESOLUTION NO. 2003- 199
Section 4. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 5. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 9th DAY OF SEPTEMBER, 2003.
ffANTON
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN-YES
COMMISSIONER FLURY -YES
COMMISSIONER MIKES - YES
HARLENE J jSON VICE-MAYOR MCELYEA-YES
CITY CLERK MAYOR ANTON -YES
i
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
AL
2 RESOLUTION NO. 2003- 199
_ Agenda Request Form
City of Dania Beach
Agenda Stern: °
Date of Commission meeting: 9/9/2003
Description of Agenda Item: Resolution approving reimbursable grant through FDOT
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
�
/Other(Please,explain) �; iys"
Swrramary explanation and background
,,, MR,
The Florida Department of Transportation has a reimbursable grant to provide trees for the City.
This grant will reimburse $25,000 for the purchase of trees with an in-kind match from the City in the
�- amount of$25,000 -which will be provided through Public Services in the form of planting and
maintenance of these trees. Staff recommends the purchase of sixty (60) royal palm trees in the
amount of$25,000.
Attached exhibits andNaddition6 backu materials Please,list `s
Resolution -electronic attachment
Letter from FDOT- paper attachment
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Account Number:
Submitted by. btemchuk Date: 8/29/2003
Department Director. Bonnie Temchuk Date: 8/29/2003
Admin. Services Director: Date:
Finance Director: Patricia Varney Date: 8/29/2003
City Manager. Ivan Pato Date: 8/30/2003
e � -9
-t� 9t
FLORIDA
April 26, 2004
Elisabeth A. Hassett, R.L.A.
District 4 Landscape Architect
Planning and Environmental Management
Florida Department of Transportation
3400 W Commercial Boulevard
Ft Lauderdale, FL 33309-3421
Dear Ms. Hassett:
RE: DISTRICT FOUR JOINT PARTNERSHIP AGREEMENT (JPA) FOR SR 5
(US 1) FROM FPL STATION TO GRIFFIN ROAD
Thank you for your letter of April 15, 2004.
Per your request, we are returning four originals of the above agreement
duly executed by our City officials. A certified copy of Resolution No. 2003-199
® adopted by the Dania Beach City Commission on September 9, 2003 is also
attached.
Upon execution, please complete the date on the first page of the
document, retain three originals of the agreement and return one to me for our
records.
If you have any questions regarding the attached documents, please
contact Bonnie Temchuk, Assistant to the City Manager, at (954) 924-3613.
Sipcerely,
Miriam Nasser 1
Deputy City Clerk
Enclosures
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phonc: (954) 924-3600 www.ci.dan.ia-beach.fl.us
FM No: 230010-7-54-02
FEID No: 59-6000302002
STATE OF FLORIDA DEPARTMENT OF 'TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
CONTRACT NUMBER AN144
THIS AGREEMENT entered into this day of 200_, by and between the
State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the
CITY OF DANIA BEACH, State of Florida, located at 100W. Dania Beach Boulevard, Dania
Beach, Florida 33004, hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the
PARTICIPANT make certain improvements in connection with State FM Number
230010-7-54-02 for irrigation and landscape(s) at State Road 5 from the FPL station to Griffin
Road, Dania Beach, Florida. Refer to Exhibit "A" of this Agreement for a detailed Scope of
Services; and,
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the
DEPARTMENT and it would be more practical, expeditious, and economical for the
PARTICIPANT to perform such activities; and,
WHEREAS, the PARTICIPANT by Resolution No. f adopted on
200�, a copy of which is attached hereto and made a part
hereof, authorizes the proper officials to enter into this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint
participation on the PROJECT, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The PARTICIPANT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other
data and information pertaining to the Project available to the PARTICIPANT at no extra
cost.
4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The PARTICIPANT will make best efforts to obtain the
DEPARTMENT input in its decisions.
5. The DEPARTMENT agrees to pay the PARTICIPANT for the services described in
Exhibit A of this agreement. The PARTICIPANT has stated that the total cost of the
services will be $ 50,000.00. The Total DEPARTMENT contribution towards this project is
not to exceed Twenty Five Thousand Dollars and No Cents ($ 25,000.00).
FM No: 230010-7-54-02
FEID No: 59-6000302002
6. In the event it becomes necessary for the DEPARTMENT to institute suit for the
enforcement of the provisions of this Agreement, the PARTICIPANT shall pay the
Department's reasonable attorney fees and court costs if the DEPARTMENT prevails.
7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent
phases of the Project, the AGREEMENT may be amended to identify the respective
responsibilities and the financial arrangements between the parties.
8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this AGREEMENT shall run to the
DEPARTMENT and its successors.
9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect an be
binding to both the PARTICIPANT and the DEPARTMENT until the Project is accepted
in writing by the DEPARTMENT's Project Manager as complete, or by
December 1, 2005 whichever occurs first.
10. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the State Comptroller under Section 215.422(14), Florida
Statutes, or by the Department's Comptroller under Section 334.004(29), Florida Statutes.
11. If this Agreement involves units of deliverables, then such units must be received and
. accepted in writing by the Project Manager prior to payments. The Department will render a
decision on the acceptability of services within 10 working days of receipt of a progress
report. The Department reserves the right to withhold payments for work not completed, or
work completed unsatisfactorily, or work that is deemed inadequate or untimely by the
Department. Any payment withheld will be released and paid to the PARTICIPANT
promptly when work is subsequently performed.
12. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the
Department's Travel Form No. 300-000-01 and will be paid in accordance with Section
112.061, Florida Statutes.
14. Participants providing goods and services to the Department should be aware of the
following time frames. Upon receipt, the Department has (5) five working days to inspect
and approve the goods and services. The Department 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.
15. If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in
addition to the invoice amount, to the Participant. Interest penalties of less than one (1)
FM No: 230010-7-54-02
FEID No: 59-6000302002
dollar will not be enforced unless the Participant requests payment. Invoices that have to be
returned to a Participant because of Participant preparation errors will result in a delav in the
• payment. The invoice payment requirements do not start until a properly completed invoice
is provided to the Department.
16. 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/vendors «rho may
be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's
Hotline, 1-800-848-3792.
17. Records of costs incurred under the 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
Participant" general accounting records and the Project records, together with supporting
documents and records, of the contractor and all subcontractors performing work on the
project, and all other records of the Contractor and subcontractors considered necessary by
the Department for a proper audit of costs.
18. In the event this contract is for services in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of
Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
• "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 such 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 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 for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than
one year."
19. The Department's obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
20. The PARTICIPANT warrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this
AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or
firm, other than a bona fide employee employed by the PARTICIPANT. For breach or
violation of this provision, the DEPARTMENT shall have the right to terminate the
• AGREEMENT without liability.
FM No: 230010-7-54-02
FEID No: 59-6000302002
21. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to
indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands
• liabilities, and suits of any nature arising out of, because of or due to any intentional and/or
negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents,
employees, contractors, subcontractors and/or consultants arising out of this contract or the
work which is the subject hereof. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the DEPARTMENT for its own
negligence.
22. This AGREEMENT is governed by and construed in accordance with the laws of the State of
Florida.
23. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and
the parties agree that there are no commitments, agreements or understandings concerning
the subject matter of this agreement that are not contained in this document. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms and conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
24. Any or all notices (except invoices) given or required under this Agreement shall be in
writing and either personally delivered with receipt acknowledged or sent by certified mail,
• return receipt requested. All notices delivered shall be sent to the following addresses:
If to the DEPARTMENT:
Florida Department of Transportation—District Four
3400 West Commercial Boulevard
Fort Lauderdale,Florida 33309-3421
Attn: Elisabeth Hasssett
With a copy to: Cleo Marsh
A second copy to: District General Counsel
If to the PARTICIPANT:
City of Dania Beach
Public Works Department
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Attn: Michael Sheridan
Director of Public Works
With a copy to: Attorney
FM No: 230010-7-54.02
FEID No: 59-6000302002
IN WITNESS WHEREOF, this Agreement is to be executed below- for the purposes specified
herein. Authorization has been given to enter into and execute this Agreement by Resolution
No. 2003-199 , hereto attached.
•
CITY OF DANIA BEA STATE OF FLORIDA
c III DEPARTMENT OF TRANSPORTATION
BY:
BY:
C.x. iKca YOR RICK CHESSER, P.E.
DISTRICT SECRETARY
ATTEST: APPROVED: (AS TO FORM)
"er)(D. BY:
LOUISE 'STILSON, (SEAL) DISTRICT GENERAL COUNSEL
CITY CLERK
APPROVED: APPROVED:
• BY:
(PAR 'IPANT[ . ANSBRO ENVIORNMENTAL MANAGEMENT
CITY ATDORNEY ADMINISTRATOR
•
FM No: 230010-7-54-02
FEID No: 59-6000302002
EXHIBIT A
SCOPE OF SERVICES
The PARTICIPANT (City of Dania Beach) will develop and furnish to the DEPARTMENT
irrigation and landscaping plans and specifications for State Road 5 section 86010001 from the
Dania Cut-off Canal Bridge (M.P. 0.000) to State Road 818 (Griffin Road) (M.P. 0.285) and
subsequently furnish and construct the irrigation and landscape as shown in the attached plans
and specifications prepared by the City of Dania Beach dated November 17, 2003. The
following conditions shall apply:
a. The current Florida Department of Transportation Design Standard Index 546
must be adhered to,
b. Clear zone/horizontal clearance as specified in the plans Preparation Manual —
English Volume 1, Chapter 2 must be adhered to,
C. Landscaping shall not obstruct roadside signs or permitted sight window for
outdoor advertising signs as permitted in F.A.C. 14-40,
d. Irrigation and/or Landscape material shall be of a size, type and placement so as
not to impede large machine mowing that the DEPARTMENT currently
provides and will continue to provide at the same frequency,
• e. Should the PARTICIPANT elect to design, furnish and construct irrigation, all
costs associated with water source connection(s), continued maintenance of the
distribution system and water and electricity costs shall be born solely by the
PARTICIPANT.
f. During the installation of the project and future maintenance operations,
maintenance of traffic shall be in accordance with the current edition of the
MUTCD and the current Department Design Standards (series 600),
g. The PARTICIPANT shall provide the local maintenance office located at 5548
N.W. 9ch Avenue Fort Lauderdale, FL 33309, (phone 954-776-4300) a twenty-
four (24) hour telephone number and the name of a responsible person that the
DEPARTMENT may contact,
h. If there is a need to restrict the normal flow of traffic it shall be done on off-peak
hours (9 AM to 3 PM), and the party performing such work shall give notice to
the local law enforcement agency within whose jurisdiction such road is located
prior to commencing work on the project. The DEPARTMENT's Public
Information Office shall also be notified by phone at 954-777-4092,
i. The PARTICIPANT shall be responsible to clear all utilities within the project
limits,
J. The PARTICIPANT shall notify the local maintenance office forty-eight (48)
hours prior to the start of the project.
Florida Department of Transportation
JEB BUSH PLANNING AND ENVIRONMENTAL
ABREU
GOVERNOR MANAGEMENT-DISTRICT 4 JOSE SECRETARY
3400 West Commercial Boulevard
Fort Lauderdale,Fl 33309-3421
Telephone: (954) 777-4601
Fax: (954)777-4310
April 15, 2004
Ms. Connie Falzone
Public Services
City of Dania Beach P.O. 1708
Dania Beach, FL 33004
Dear Ms Falzone:
RE: District Four (4) Joint Partnership Agreement (JPA) for SR 5 (US 1) from the FPL
Station to Griffin Road
Enclosed are four original Joint Partnership Agreement (JPA) that reflect the landscape and
irrigation improvements to be constructed under State Financial Project Number 230010-7-54-02
for SR 5 (US 1)within the City of Dania Beach.
Please have these executed by the City Council at their earliest convenience returning all to me
with one sealed copy of the Resolution approving such action. Rick Chesser, the Department's
District Secretary, will execute and date the originals returning one for your file.
Call me at 954-777-4219 if I can be of further help.
Sincerely,
Elisabeth A. Hassett, R.L.A.
District 4 Landscape Architect
CC: File
www.dot.state.fl.us