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Resolution 2021-31741 RESOLUTION NO. 2021-31741 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CITY'S STREET LIGHT MAINTENANCE SERVICES FOR FDOT OWNED LIGHTING SYSTEMS IN THE CITY OF MIAMI BEACH, AS SET FORTH IN THE AGREEMENT, FOR THE PERIOD FROM JULY 1, 2021 TO JUNE 30, 2022, IN THE AMOUNT OF$217,82.00,TO BE PAID TO THE CITY IN THE FISCAL YEAR IN WHICH THE AGREEMENT IS SIGNED, FURTHER PROVIDING THAT ADDITIONAL YEARLY v. PAYMENTS TO THE CITY FOR THE STREET LIGHT MAINTENANCE SERVICES BE MADE VIA A WORK ORDER, AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. WHEREAS, the City, along with other entities such as the Florida Department of Transportation("FDOT")and Florida Power and Light(FPL)own streetlights throughout the City; and WHEREAS,at its April 11,2007 meeting,the City Commission approved and authorized the Mayor and City Clerk to execute a proposed State Highway Lighting, Maintenance, and Compensation Agreement between the City of Miami Beach and FDOT for street light maintenance services for FDOT owned lighting systems in the City, via Resolution No. 2007- 26517, for the period from July 1, 2007, to June 30, 2008, in the amount of$139,164; and WHEREAS, the City, at the request of FDOT, has continued to maintain lighting at these locations, with yearly reimbursements made to the City via a work order; and WHEREAS, the City and FDOT have negotiated a new State Highway Lighting Maintenance and Compensation Agreement ("Agreement") for an initial term commencing on July 1, 2021, through June 30, 2022, a draft of the Agreement is attached as an exhibit to the Memorandum accompanying this Resolution; and WHEREAS, through this Agreement, the City will continue to assume all maintenance obligations for the lighting systems, including additional lighting along the MacArthur Causeway, and receive a compensation in the amount of$217,823, fiscal year in which the agreement is signed, with additional yearly payments to be made via a work order, previously signed and approved by FDOT; and WHEREAS,the Administration recommends that the City continue its Maintenance and Compensation Agreement with FDOT, for streetlight maintenance services for FDOT owned lighting systems. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI .BEACH, FLORIDA that the Mayor and City Commission hereby approve a State Highway Lighting, Maintenance, and Compensation Agreement ("Agreement") between the City of Miami Beach and the Florida Department of Transportation("FDOT")for the City's street light maintenance services for FDOT owned lighting systems in the City of Miami Beach, as forth in the Agreement, for the period from July 1, 2021 to June 30, 2022, in the amount of$217,82.00 to be paid to the City in the fiscal year in which the.Agreement is signed,further providing that additional yearly payments to the City for the street:Iight maintenance services be made via a work order,and further, authorizing the City Manager to execute the Agreement. PASSED and ADOPTED THIS a3 day of JU'It , 2021 ATTEST: : . DAN GELBER, MAYOR (, 2-7 •2 . RAF A EL E. G-ANAD•, CI Y CLERK Ir n ':I 1C0fiP.,ORATED' 5 � J� ''ll' ) • 11C 2b�= APPROVED AS TO FORM& LANGUAGE 8 FOR EXECUTION V(ir21 -16 City Ancmey Date Resolutions -C7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 23, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CITY'S STREET LIGHT MAINTENANCE SERVICES FOR FDOT OWNED LIGHTING SYSTEMS IN THE CITY OF MIAMI BEACH, AS SET FORTH IN THE AGREEMENT, FOR THE PERIOD FROM JULY 1, 2021 TO JUNE 30, 2022, IN THE AMOUNT OF $217,822.77 TO BE PAID TO THE CITY IN THE FISCAL YEAR IN WHICH THE AGREEMENT IS SIGNED, FURTHER PROVIDING THAT ADDITIONAL YEARLY PAYMENTS TO THE CITY FOR THE STREET LIGHT MAINTENANCE SERVICES BE MADE VIA A WORK ORDER, AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. RECOMMENDATION The Administration recommends that the City continue its Maintenance and Compensation Agreement with FDOT,for street light maintenance services for FDOT owned lighting systems. BACKGROUND/HISTORY The City, along with other entities such as the Florida Department of Transportation(FDOT)and Florida Power and Light(FPL)own streetlights throughout the City. At its April 11, 2007 meeting,the City Commission approved and authorized the Mayor and City Clerk to execute a proposed State Highway Lighting, Maintenance, and Compensation Agreement between the City of Miami Beach and The Florida Department of Transportation (F DOT) for street light maintenance services for FDOT owned lighting systems in the City,via Resolution No. 2007-26517,for the period from July 1, 2007, to June 30, 2008, in the amount of$139,164. The City, at the request of FDOT, has continued to maintain lighting at these locations,, with yearly reimbursements made to the City via a work order. ANALYSIS Page 374 of 1884 The City and FDOT have negotiated a new State Highway Lighting Maintenance and Compensation Agreement for an initial term commencing on July 1, 2021, through June 30, 2022. Through this Agreement, the City will continue to assume all maintenance obligations for the lighting systems, including additional lighting along the MacArthur Causeway, and receive a compensation in the amount of $ $217,822.77, fiscal year in which the Agreement is signed, with additional yearly payments to be made via a work order, previously signed and approved by FDOT. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey show that 64% of residents rated street lighting as excellent/good. In order to continue maintaining excellent standards in this area,the City intends to approve a new State Highway Lighting Agreement with FDOT. CONCLUSION The Administration recommends that the City continue its Maintenance and Compensation Agreement with F DOT, for street light maintenance services for FDOT owned lighting systems. Applicable Area South Beach Is this a "Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes, No No Strategic Connection Prosperity- Revitalize targeted areas and increase investment. Legislative Tracking_ Public Works ATTACHMENTS: Description ❑ Letter,APF91 -State Highway Lighting Maintenance and Compensation Work Order FY 2020 2021 ❑ APF91- City of Miami Beach- Executed Agreement, 2007 ❑ 2007-26517 Reso ❑ Updated draft Maintenance Agreement ❑ Miami Beach Lighting Count Page 375 of 1884 FDOT Florida Department of Transportation ROA DESANTIS 1000\k. 111 Avenue KEVIN J.THIBAl IX,P.E. GOVERNOR Miami. FL 33172 SECRETARY' Mr.Rudy De La Torre, Infrastructure Division Director City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 rodolfodelatorre(a.miamibeachfl.gov May 26,2020 Attn: Mr. Rudy De La Torre Re: Contract: APF91 Financial No: 422932-1-78-01 State Highway Lighting,Maintenance and Compensation Agreement Work Order: City of Miami Beach(Period from 07/01/2020 thru 06/30/2021) Dear Mr. De La Torre: As stated on page 2 of the State Highway Lighting, Maintenance, and Compensation Agreement between City of Miami Beach (Maintaining Agency) and the Florida Department of Transportation (FDOT), the FDOT will issue a Work Order confirming the amount and authorizing the performance of maintenance for each new fiscal year(FY). This Work Order hereby authorizes City of Miami Beach to perform maintenance on those lights on the FDOT highway system for fiscal year 2020-2021. The amount of compensation for your maintenance of the highway lighting on the FDOT highway system for Fiscal Year 2020-2021 will be$187,982.64. The previous dollar amount is the result of the following: 696(#of luminaires)x 0.90 x$300.10 = $187,982.64 Current funding for FY 2021 of$187,982.64 shall be encumbered upon signature of this work order. If you agree with this amount, please sign in the space provided and return this letter to the Department. Sincerely, ►�/ I June 5, 2020 Renato Ma -ro, P.E. Date FDOT District Maintenance Engineer "e-e4, Rudy De L orre Date// Infrastructure Division Director City of Miami Beach Improve Safety, Erthuncr Mobility, !aspire Innovation www.fdot.gov Page 376 of 1884 FDDT Florida Department of Transportation RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT GOVERNOR Miami,Florida 33172-5800 SECRETARY May 26,2020 STATE HIGHWAY LIGHTING,MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT "A" State Roads within the Limits of the City of Miami Beach SR#ATERIAL FROM TO NO.OF FIXTURES 907 Alton Rd 5 St Dade Blvd 50 907 Alton Rd 18 St Michigan Ave 7 907 Alton Rd Michigan Ave Chase Ave 32 907 Alton Rd N Bay Dr 63 St 78 • 907 63 St Alton Rd Pine Tree Dr 9 AlA 5 St Alton Rd Collins Ave 19 AlA Collins Ave 5 St 400'N/O 15 St 36 AlA Collins Ave 400'N/O 15 St 6000 Blk 233 AlA Collins Ave 72 St 87 Ter 24 AlA Indian Creek 71 St 5800 Blk 50 AlA Indian Creek 44 St 26 St 41 AlA Abbott Ave 72 St Indian Creek 9 AIA Harding 87 Ter 72 St 38 112 41 St Alton Rd Collins Ave 31 934 71 St Biarritz Dr Rue Notre Dame 19 934 Normandy Dr Bay Dr E Biarritz Dr 20 Total Light Fixtures 696 (FY 2020-2021) Improve Safety, Enhance Mobility, Inspire Innovation www.fdot. ov Page 377 01884 To:Grace.Rodriguez@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL APF91 6/4/2020 CONTRACT INFORMATION APF91 rr AK-PROJ PARTICIPATION(PROJ PART) G-GOVERMENTAL AGENCY(287.057,F.S.) CITY OF MIAMI BEACH F596000372011 : Ds 03/04/2009 4 t f � � 06/30/2025 STATE HIGHWAY LIGHTING,MAINTENANCE AND COMPENSATION AGREEMENT FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 6/4/2020 Task Work Order `'REVIEWED r. 0 � 55064020610 } Al 242059 { $187,982.64 • ;`42293217801 787 _2021 :. 7L, 55150200 — _ - 088712/21 W008 00 k FY2021 1, ._ _ /04 Total Amount: $187,982.64 *Reviewed Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation. Pagel of 1 Page 378 of 1884 • • STATE OP FLORIDA DEPARTMENT OF TRANSPORTATION Form No T104164a. STATE HiGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION • ,ams AGREEMENT THIS AGREEMENT,entered into this i t day of .3-Unt ,year ofX&,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT",and THE CITY OF MIAMI BEACH,hereinafter referred to as the"MAINTAINING AGENCY"; • WITNESSETH: WHEREAS,the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System, and the FOOT is authorized under Sections • 334.044, Florida Statutes and 335.055, Florida Statutes to enter into this Agreement;and WHEREAS,the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement~ NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,the FDOT and the MAINTAINING AGENCY hereby agree as follows: • 9. Maintenance of Facilities • a. The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the°Facilities,'throughout Its expected useful life. For the purposes of this Agreement, the term Facilities shall be deemed to Include,but not necessarily be limited to,lighting for roadways, as well as park and ride,pedestrian overpasses,and recreational areas owned by or located on the property of the FDOT,but shall exclude those systems listed in Exhibit W attached hereto and by this reference made a part hereof,and shall exclude lighting located in weigh stations,rest areas,or on Interstate highways. b. In maintaining the Facilities,the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating,property functioning,with a minimum of 90%of the lights burning for any • lighting type(ex.high mast.standard,underdeck,sign)or roadway system at all times for their normal expected useful life in accordance with the original design thereof,whether necessitated by normal wear and tear,accidental or Intentional damage,or acts of nature. Said maintenance shall Include, but shall not be timed to, providing electrical power and paying all charges associated therewith, routine inspection and testing,preventative maintenance,emergency maintenance,replacement of any component parts of the Facilities (including the poles and any and all other component parts Installed as part of the Facilities),and locating(both vertically and horizontally)the Fealties,as may be necessary. c. All maintenance shalt be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices;and, (2) All other applicable local,state, or federal laws, rules,resolutions, or ordinances,and FOOT procedures. d. For lighting installed as part of an FDOT project,the MAINTAINING AGENCY's obligation to maintain shall commence upon the MAINTAINING AGENCY'S receipt of notification from the FOOT that the FOOT has finally accepted the project,except for the obligation to provide for electrical power,which obligation to provide for electrical power shall commence at such time as the lighting system is ready to be energized;provided,however,that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of FDOrs contractor. Prior to any acceptance by the FOOT, the MAINTAINING AGENCY shalt have the opportunity to inspect and request modifications/corrections to the installation(s)and the FOOT agrees to undertake ww+ora Page 379 of 1884 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forte No 710-01040. STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION 10104 AGREEMENT those prior to acceptance so tong as the modificatlons/corrections comply with the contract and specifications previously approved by both the FDOT and the MAINTAINING AGENCY e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary negotiation of the amount to be paid as set forth In subparagraph 2b hereof. 2. Compensation and Payment a. The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of$130.064 for the fiscal year In which this Agreement is signed(fiscal year as referenced in this Agreement shall be FDOTs fiscal year). b. For each future fiscal year,the FDOT and the MAINTAINING AGENCY shall agree on the amount to be paid prior to the fiscal year beginning. The FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The Work Order shall be an FDOT signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms"State Highway Lighting,Maintenance,And Compensation Agreement Work Order." The Work Order shall reflect the contract number,financial project number,FEID No.of the MAINTAINING AGENCY,the fiscal year,and the lump sum amount to be paid for the fiscal year indicated. The Work Order shall be signed by the MAINTAINING AGENCY and returned to FOOT. No payment will be made on Work Orders which are not properly signed and returned to FDOT prior to performing services. c. Invoices may be submitted anytime after May 19t of the fiscal year in which the services were provided,but no later than 180 days after the end of said fiscal year. Payment shall be made In one lump sum as provided in paragraph 4 hereof. d. Payment shall be made in accordance with Section 215.422, Florida Statutes. • e. Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable to the FOOT and in detail sufficient for a proper pre-audit and post-audit thereof. S. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The records shall be kept in a format approved by the FDOT. Records shall be maintained and made available upon request to the FDOT at all times during the period of this Agreement and for three(3)years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the FOOT upon request 4. Invoicing Upon receipt,the FOOT has five(5)working days to inspect and approve the goods and services.The FOOT has twenty(20)days to deliver a request for payment(voucher)to the Department of Financial Services.The twenty(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 forty (40) days a separate interest penalty at a rate as established pursuant to Sedlon 215.422,Florida Statutes,shall be due and payable,in addition to the invoice amount,to the MAINTAINING AGENCY.Interest penalties of less than one(1)dollar shall not be enforced unless the MAINTAINING AGENCY requests payment Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors shall result in a delay in the payment The Invoice payment requirements do not start until a properly completed invoice is provided to the FOOT. Pew:or 6 Page 380 of 1884 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 71041042 STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION ` AGREEMENT A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual include acting as an advocate for contractorsfvendors who 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 Chief Financial Officer's Hotline, 1-800-848-3792. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The FDOT,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 shall be null and void,and no money may be paid on such contract.The FDOT shall require a statement from the Comptroller of the FDOT 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 one(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 FOOT which are for an amount in excess of$25.000 and which have a term for a period of more than one(1)year. The FOOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY. 5. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement,then in addition to any other remedies which are otherwise provided for in this Agreement,the FOOT may exercise one or more of the following options, provided that at no time shah the FOOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Pursue any other remedies legally available. c. As to any work not performed by the MAINTAINING AGENCY,perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING • • AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen(14)days after written notice from the FOOT of the non-performance;provided,however,that advance notice and cure shall not be preconditions in the event of an emergency. • 6. Force Majeure Neither the MAINTAINING AGENCY nor the FOOT shalt be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe,or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of dire diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. The FOOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act If the contractor knowingly employs unauthorized aliens,such violation shell be cause for unilateral cancellation of this Agreement Pow 3 ors Page 381 of 1884 • • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 710-01040. • • STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION ;aw AGREEMENT b. The MAINTAINING AGENCY shall 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 MAINTAINING AGENCY in conjunction with this Agreement Failure by the MAINTAINING AGENCY to grant such public access shall be grounds for Immediate unilateral cancellation of this Agreement by the FDOT. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. • e. Time is of the essence in the performance of all obligations under this Agreement • f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission,hand delivery,or express mail and shall be deemed to have been received by the end of five(5)business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing,notices shall be sent to the following addresses: MAINTAINING AGENCY: City of Miami Beach 1700 Convention Center Drive . Miami Beach, Florida 33139 Fred Beckmann, Director Public Works FDOT: Florida Department of Transportation 1000 NW 11101 Avenue, Miami, Florida 33172 Ronald S. Steiner, P.E., District Maintenance Engineer • g. PUBLIC ENTITY CRIME INFORMATION STATEMENT;A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of thirty six(36)months from the date of being placed on the convicted vendor list. h_ An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a pubic building or public work,may not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity. Nothing herein shall be construed as a waiver of either party's sovereign immunity. P .4d$ Page 382 of 1884 STATE OF FLOMOA DEPARTMENT OF TRANSPORTATION Fara No 710.010-30. STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UblMas 1 AGREEMENT 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions or substitutions are reflected only in an Appendix entitled"Changes To Form Document"and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document By signing this document,the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled"Changes to Form Document_" You MUST signify by selecting or checking which of the following applies: [] No changes have been made to this Forms Document and no Appendix entitled"Changes to Form Document"is attached. [il No changes have been made to this Form Document but changes are included on the attached Appendix entitled"Changes to Forms Document" IN WITNESS E F,the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING A - C i �a BY: (SiAnatu DATE: 4/11/07 (Type Name. ) David Dermer (Typed Title: ) Mayor STATE OF FLORIDA DEP TM OF TRANSPORTATION BY: (Sk:nature) DATE: (Typed Name: ) (TYped Title: ) ` tR t":40t1/ PAF- k%.QN FDOT Legal Review BY: f Sisinature} Q-�.� � -� n.�� R"�nl}O. ESQ. DATE: C- G- b Z • District Counsel (Typed Name: APPROVED AS TO FORM&LANGUAGE & FOR CUTION Ji4oi Pap 5 of r •- y Tr.may ;\ Date Page 383 of 1884 APPENDIX A STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT The following changes are incorporated by the City of Miami Beach Page 1 — Paragraph 2 Line 2 - Insert"within the jurisdictional boundaries of the maintaining Agency," after the word System. Page 1 Item 1 a. line 5 -delete the words "as well as park and ride, pedestrian overpasses, and recreational areas". Page 1 Item 1 a. line 6- inset the word "as"following FDOT and delete the words" but shall exclude those systems". Page 1 Item 1 a. lines 7 and 8—delete the words" and shall exclude lighting located in weigh stations, rest areas, or on Interstate Highways." Page 384 of 1884 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING,MAINTENANCE,AND COMPENSATION AGREEMENT ATTACHMENT"A" State Roads within the limits of the City of Miami Beach: State Road Limits No. of Fixtures Abbot Avenue 72nd Street to Indian Creek Drive 9 Alton Road 5th Street to 63'1 Street 191 Collins Avenue 5th Street to 6l Street 269 Collins Avenue 72°d Street to 87th Terrace 24 5th Street Alton Road to Ocean Drive 19 41"Street Alton Road to Collins Avenue 31 63k'Street Alton Road to Collins Avenue 9 71"Street West of North Bay Causeway 19 to Rue Notre Dame Harding Avenue 72nd Street to 87th Terrace 38 Indian Creek Drive 26th Street to 44th Street 41 Indian Creek Drive 59th Street to 71"Street 50 Normandy Drive Rue Notre Dame to West of North Bay Cswy. 20 Mac Arthur Cswy. Alton Road to West City Limits 84 TOTAL LIGHT FIXTURES: 804 Page 385 of 1884 RESOLUTION NO. 2007-26517 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROPOSED STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT)FOR STREET LIGHT MAINTENANCE SERVICES FOR FDOT OWNED LIGHTING SYSTEMS IN THE CITY OF MIAMI BEACH, FOR THE PERIOD FROM JULY 1, 2007, TO JUNE 30, 2008, IN THE AMOUNT OF $139,164. WHEREAS, during the City's contract negotiations for its WiFi project, it was determined that there were insufficient mounting assets throughout the City to deploy a Citywide WiFi system; and WHEREAS, while the City owns many street lights, the majority of the City-owned lights in the Middle Beach area are of pedestrian height, decorative type, and are not suitable for mounting wireless radio equipment requiring electrical service; and WHEREAS, most of the other street lights throughout the City are owned by entities such as the Florida Department of Transportation and Florida Power and Light; and WHEREAS, utilizing FDOT street light poles(mounting assets)will be less costly to the City than acquiring and installing new poles; and WHEREAS, the Administration recommends that the City take over the maintenance of FDOT-owned lighting systems within the City of Miami Beach to provide sufficient mounting assets for the deployment of the City's WiFi system; and WHEREAS, control of the lighting systems will also allow the City to provide more rapid response to citizen reports of street light malfunctions; and WHEREAS,currently these lighting systems are maintained by Miami-Dade County under an agreement with FDOT; and WHEREAS,-the most cost effective and timely solution for the City is to work with FDOT to take over the maintenance of its lighting systems within the City; and WHEREAS, the City and FDOT have negotiated a State Highway Lighting Maintenance and Compensation Agreement,for an initial term of commencing on April 12, 2007, through June 20,2007, whereby the City would assume all maintenance obligations for the lighting systems; and • Page 386 of 1884 WHEREAS, Miami-Dade County,through its Public Works Department,has agreed to compensate the City the full amount for this period (April 12, 2007, to June 30, 2007), previously paid to the County by FDOT for the maintenance of the lighting systems that will be transferred to the City; and WHEREAS,thereafter,the period commencing on July 1,2007,and ending on June 30, 2008, the City will execute a new State Highway Lighting, Maintenance and Compensation Agreement with FDOT, in the amount to$139,064(based on an estimated 800 FDOT poles in the City); and WHEREAS, it is anticipated that the aforestated Agreement would be negotiated and reviewed annually, commencing with each FDOT fiscal year(July 1st--June 30th). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a State Highway Lighting, Maintenance and Compensation Agreement between the City and FOOT,for the period from July 1,2007,through June 30,2008, in the amount of$139,064, to be paid by FDOT to the City, for maintenance of FDOT-owned lighting systems in the City. PASSED and ADOPTED THIS 11 day of April , 2007. ATTEST: if& arc CITY CLERK , r • YOR T:AGENDA\20071apr17071Consent\FDOTAgreement July 2007 thru June 2008 Resolution.doc APPROVED AS TO FORENGUAGE CUTION f rv/ 46544. ;!1 Page 387 of 1884 RESOLUTION NO. 2007-26517 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROPOSED STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT) FOR STREET LIGHT MAINTENANCE SERVICES FOR FDOT OWNED LIGHTING SYSTEMS IN THE CITY OF MIAMI BEACH, FOR THE PERIOD FROM JULY 1, 2007, TO JUNE 30, 2008, IN THE AMOUNT OF $139,164. WHEREAS, during the City's contract negotiations for its WiFi project, it was determined that there were insufficient mounting assets throughout the City to deploy a Citywide WiFi system; and WHEREAS,while the City owns many street lights, the majority of the City-owned lights in the Middle Beach area are of pedestrian height, decorative type, and are not suitable for mounting wireless radio equipment requiring electrical service; and WHEREAS, most of the other street lights throughout the City are owned by entities such as the Florida Department of Transportation and Florida Power and Light; and WHEREAS, utilizing FDOT street light poles(mounting assets)will be less costly to the City than acquiring and installing new poles; and WHEREAS, the Administration recommends that the City take over the maintenance of FDOT-owned lighting systems within the City of Miami Beach to provide sufficient mounting assets for the deployment of the City's WiFi system; and WHEREAS, control of the lighting systems will also allow the City to provide more rapid response to citizen reports of street light malfunctions; and WHEREAS,currently these lighting systems are maintained by Miami-Dade County under an agreement with FDOT; and WHEREAS, the most cost effective and timely solution for the City is to work with FDOT to take over the maintenance of its lighting systems within the City; and WHEREAS, the City and FDOT have negotiated a State Highway Lighting Maintenance and Compensation Agreement,for an initial term of commencing on April 12, 2007, through June 20, 2007, whereby the City would assume all maintenance obligations for the lighting systems; and Page 388 of 1884 WHEREAS, Miami-Dade County, through its Public Works Department, has agreed to compensate the City the full amount for this period (April 12, 2007, to June 30, 2007), previously paid to the County by FDOT for the maintenance of the lighting systems that will be transferred to the City; and WHEREAS,thereafter,the period commencing on July 1,2007,and ending on June 30, 2008, the City will execute a new State Highway Lighting, Maintenance and Compensation Agreement with FDOT, in the amount to$139,064(based on an estimated 800 FDOT poles in the City); and WHEREAS, it is anticipated that the aforestated Agreement would be negotiated and reviewed annually, commencing with each FDOT fiscal year(July l st— June 30th). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a State Highway Lighting, Maintenance and Compensation Agreement between the City and FDOT,for the period from July 1, 2007,through June 30, 2008, in the amount of$139,064, to be paid by FDOT to the City, for maintenance of FDOT-owned lighting systems in the City. PASSED and ADOPTED THIS i i day of April , 2007. ATTEST: 0)\i fait a,U, ,7 CITY CLERK , AYOR T:IAGENDA120071apr11071Consent\FDOTAgreement July 2007 thru June 2008 Resolution.doc APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION � - 434-14-6 Page 389 of 1884 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-52 STATE HIGHWAY LIGHTING, MAINTENANCE, AND MAIOGC NTENANCE -03/20 COMPENSATION AGREEMENT Page 1 of 8 CONTRACT NO. FINANCIAL PROJECT NO. 447851-1-78-01 F.E.I.D. NO. THIS AGREEMENT,entered into this day of ,year of ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT", and , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System;and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement; WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as"Facilities", are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY.A list of the Facilities is included as Exhibit A, attached hereto and incorporated herein. WHEREAS,the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein. NOW,THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include lighting for roadways,as well as park and ride, pedestrian overpasses,and recreational areas owned by or located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest areas, or on Interstate highways. The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A.Any changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING AGENCY.Any Facilities added to Exhibit A during the FDOT's fiscal year shall be maintained and operated by the MAINTAINING AGENCY upon the FDOT's final acceptance of installation of any new lighting and/or lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting type maintained pursuant to this Agreement. The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this Agreement in the FDOT's fiscal year occurring after the lighting and/or lighting systems are installed and final acceptance of such installation is given by FDOT. In the event that no change is made to the previous year's Exhibit A,a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that no change has been made to Exhibit A during FDOT's previous fiscal year. Unless stated otherwise, all references to fiscal years within this agreement refer to FDOT's fiscal year, beginning July 1st and ending June 30th. b. In maintaining the Facilities,the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90%of the lights burning for any lighting type(e.g.,high mast,standard,underdeck,and sign)or roadway system at all times in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities(including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally)the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing by FDOT. Page 390 of 1884 375-020-52 MAINTENANCE OGC—03/20 Page 2 of 8 c. All maintenance must be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and (2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. d. For lighting installed as part of a FDOT project, the MAINTAINING AGENCY's obligation to maintain the Facility commences upon the MAINTAINING AGENCY's receipt of notification from FDOT that FDOT has formally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power commences at such time as the lighting system is ready to be energized; provided, however,that the MAINTAINING AGENCY is not required to perform any activities which are the responsibilities of FDOT's contractor. Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections prior to acceptance so long as the modifications/corrections comply with the installation contract documents and specifications. e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2) fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body (County Commission,City Council,or local agency governing body)under which the Agency operates.The effective date of the termination will coincide with the end of the FDOT's fiscal year of June 30th following the two-year notice. The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements. Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that separate maintenance agreement. 2. Compensation and Payment FDOT shall pay to the MAINTAINING AGENCY a sum of$217822.77 for the fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A. Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. The work order must be an FDOT-signed letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms "State Highway Lighting, Maintenance, and Compensation Agreement work order". The work order must reflect the contract number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the actions required by this paragraph may result in nonpayment by FDOT. FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the MAINTAINING AGENCY's authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for all attorneys'fees and litigation costs incurred in its recovery activities. Page 391 of 1884 375-020-52 MAINTENANCE OGC—03/20 Page 3 of 8 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic format approved by FDOT. Records shall be maintained and made available upon request to FDOT during the period of this Agreement and for three(3)years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records will be furnished to FDOT upon request. 4. Invoicing The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in order to be processed for payment by June 30. Upon receipt, FDOT has five (5)working days to inspect and approve the goods and services. FDOT has twenty (20)days to deliver a request for payment(voucher)to the Department of Financial Services. The twenty(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 forty(40)days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes,will be due and payable, in addition to the invoice amount,to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY 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 FDOT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who 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 Chief Financial Officer's Hotline, 1-800-848-3792. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one(1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: FDOT, 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 shall be null and void, and no money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT 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 FDOT which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year. 5. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following options, provided that at no time may FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by FDOT or the public. b. Pursue any other remedies legally available. c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice from FDOT of the non-performance; provided, however, that advance notice and cure will not be preconditions in the event of an emergency. Page 392 of 1884 375-020-52 MAINTENANCE 0GC—03/20 Page 4 of 8 6. Force Majeure Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the partyclaiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. b. The MAINTAINING AGENCY shall 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 MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by FDOT. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting and/or lighting systems for the Facilities identified in Exhibit A. d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable are severable and will not affect the validity of the remaining provisions hereof. e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, electronic mail,or express mail and will be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY must notify the local District of FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent to the following addresses: MAINTAINING AGENCY: Rodolfo de la Torre Director- Infrastructure Division- Public Works Department • 451 Dade Boulevard Miami Beach, FL 33139 FDOT: Renato Marrero, PE Florida Department of Transportation 1000 NW 111th Avenue Miami, FL 33172 f. PUBLIC ENTITY CRIME INFORMATION STATEMENT:A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six(36)months from the date of being placed on the convicted vendor list. g. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Page 393 of 1884 375-020-52 MAINTENANCE OGC—03(20 Page 5 of 8 h. By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. For contracts involving$1,000,000 or more, if the Department determines the Maintaining Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department's determination of false certification was in error pursuant to Section 287.135(5)(a)of the Florida Statutes,or maintain the Contract if the conditions of Section 287.135(4)of the Florida Statutes are met. Nothing herein shall be construed as a waiver of either party's sovereign immunity. j. MAINTAINING AGENCY: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Maintaining Agency does not transfer the records to FDOT 4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession of the Consultant or keep and maintain public records required by FDOT to perform the service. If the Consultant transfers all public records to FDOT upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to FDOT, upon request from FDOT's custodian of public records, in a format that is compatible with the information technology systems of FDOT 5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes,shall be grounds for immediate unilateral cancellation of this Agreement by FDOT Page 394 of 1884 375-020-52 MAINTENANCE OGC—03!20 Page 6 of 8 IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MAINTAINING AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 District 6 863-519-2623 305-470-5453 Dl prcustodiandot.state.fl.us D6prcustodian(a,dot.state.fl.us Florida Department of Transportation Florida Department of Transportation District 1 —Office of General Counsel District 6—Office of General Counsel 801 N. Broadway 1000 NW 111 Avenue Bartow, FL 33830 Miami, FL 33172-5800 District 2 District 7 386-758-3727 813-975-6491 D2prcustodian(l1 dot.state.fl.us D7prcustodianAdot.state.fl.us Florida Department of Transportation Florida Department of Transportation District 2 - Office of General Counsel District 7 - Office of General Counsel 1109 South Marion Avenue,MS 2009 11201 N. McKinley Drive, MS 7-120 Lake City, FL 32025 Tampa, FL 33612 District 3 Florida's Turnpike Enterprise 850-330-1391 407-264-3170 D3prcustodian(i dot.state.fl.us TPprcustodianAdot.state.fl.us Florida Department of Transportation Turnpike Enterprise Chief Counsel District 3 - Office of General Counsel Florida Turnpike—Office of General 1074 Highway 90 East Counsel Chipley, FL 32428 Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761 District 4 954-777-4529 Central Office D4prcustodian(a,dot.state.fl.us 850-414-5355 Florida Department of Transportation COprcustodian(a,dot.state.fl.us District 4— Office of General Counsel Office of the General Counsel 3400 West Commercial Blvd. Florida Department of Transportation Fort Lauderdale, FL 33309 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 District 5 386-943-5000 D5prcustodianAdot.state.fl.us Florida Department of Transportation District 5—Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720 Page 395 of 1884 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-52 STATE HIGHWAY LIGHTING, MAINTENANCE, AND MAINTENANCE OGC—03120 COMPENSATION AGREEMENT Page 7 of 8 8. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled"Changes to Form Document"and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes to Form Document." You MUST signify by selecting one of the applicable options: No changes have been made to this Forms Document and no Appendix entitled "Changes to Form Document"is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (Signature) Date: (Printed Name: ) (Printed Title: ) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) Date: (Printed Name: ) (Printed Title: ) FDOT Legal Review BY: (Signature) Date: Counsel (Printed Name: ) Page 396 of 1884 375-020-52 MAINTENANCE OGC-03/20 Page B of 8 Exhibit A STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION AGREEMENT For Fiscal Year 202112022 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for the services described in this Agreement and method by which payments will be made. 2.0 FACILITIES The lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic form are included with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY: 1. See Attached Spredsheet 2. 3. 4. 5. 6. 3.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one single payment at the end of each fiscal year for satisfactory completion of service. The per-light unit rate shall increase by 3%each fiscal year. E.g.,the per-light unit rate of$300.10 in fiscal year 2020-2021 shall increase to$309.10 in fiscal year 2021-2022. Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights into the table below and multiplying by the unit rate and_%. Example: 330(lights)x$300.10(unit rate)x 0.90 (90% requirement)=$89,129.70 Type of Light #of lights LED or HPS Unit rate 90.00% Total High Mast 0 HPS 0 90.00 0.00 Standard 783 HPS 309.10 90.00 21782277.00 Underdeck 0 HPS 0.00 90.00 0.00 Sign 0 HPS 0.00 90.00 0.00 High Mast 0 LED 0.00 90.00 0.00 Standard 0 LED 0.00 90.00 0.00 Underdeck 0 LED 0.00 90.00 0.00 Sign 0 LED 0 90.00 0.00 Page 397 of 1884 F'DDT Florida Department of Transportation RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT GOVERNOR Miami,Florida 33172-5800 SECRETARY June 2021 Mr. Rudy De La Torre Infrastructure Division Director City of Miami Beach 1700 Convention Center Dr. Miami Beach, Florida 33139 Attn: Rudy De La Torre Re: Contract: Financial No: 447851-1-78-01 State Highway Lighting,Maintenance and Compensation Agreement Work Order: City of Miami Beach(Period from 07/01/2021 thru 06/30/2022) Dear Mr. De La Torre: As stated on page 2 of the State Highway Lighting, Maintenance, and Compensation Agreement between City of Miami Beach (Maintaining Agency)and the Department of Transportation (FDOT),the FDOT will issue a Work Order confirming the amount and authorizing the performance of maintenance for each new fiscal year(FY). This Work Order hereby authorizes City of Miami Beach to perform maintenance on those lights on the FDOT highway system for fiscal year 2021-2022.The amount of compensation for your maintenance of the highway lighting on the FDOT highway system for Fiscal Year 2021-2022 will be$ 217,822.77. The Previous dollar amount is the result of the following: 783 (#of luminaires-page 2)x 0.90 x$309.10=$ 217,822.77. Current funding for FY 2022 of$ 217,822.77 is contingent upon legislative annual appropriation. If you agree with this amount, please sign in the space provided and return this letter to the Department. Sincerely, Renato Marrero, P.E. District Maintenance Engineer City of Miami Beach Infrastructure Division Director Improve Safety, Enhance Mobility, Inspire Innovation Page 1 of 2 www.fdot.gov Page 398 o1g1884 FDDT •..- --.-- - Florida Department of Transportation RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT GOVERNOR Miami,Florida 33172-5800 SECRETARY STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT "A" State Roads within the Limits of the City of Miami Beach SR Road Name From To Luminaires A1A 5 St Alton Rd Collins Ave 19 A1A Collins Ave 5 St N/015 St 36 A1A Collins Ave N\O 15 St 6000 Block 233 A1A Collins Ave 72 St 87 Terr 24 A1A Abbott Ave 72 St Indian Creek 9 A1A Harding 87 Ter 72 St 38 AlA Indian Creek 71 St 5800 Block 50 A1A Indian Creek 44 St 26 St 41 A1A MacArthur CSWY Fountain St Alton Rd 84 907 Alton Rd 5 St Dade Blvd 50 907 Alton Rd 18 St Chase Ave 39 907 Alton Rd N Bay Dr 63 St 78 907 63 St Alton Rd Collins Ave 9 112 41 St Alton Rd Collins Ave 31 934 71 St Biarritz Dr Rue Notre Dame 19 934 Normandy Dr Bay Dr E Biarritz Dr 23 FY 2021/2022 Total 783 Improve Safety, Enhance Mobility, Inspire Innovation Page 1 of 2 www.fdot.gov Page 399 onl 884