Turf & Landscape Maintenance Agmt with FDOT � 0 //- 7 7 6
CONTRACT # AQF 08
TURF AND LANDSCAPE MAINTENANCE
JOINT PARTICIPATION AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF MIAMI BEACH
This Agreement, is 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 referred to as the `DEPARTMENT', and the City of Miami Beach, a
municipal corporation of the State of Florida, hereinafter referred to as the 'CITY'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction and maintains the State Road (S.R.)
lA /I- 395 /Mac Arthur Causeway corridor in the CITY; and
WHEREAS, the DEPARTMENT, as part of the continual updating of the State of
Florida Highway System and for the purpose of safety, has created roadside areas and median
strips on the State Highway System within the corporate limits of the CITY; and
WHEREAS, the DEPARTMENT, at the CITY's request, has agreed to reimburse the
CITY for the maintenance of turf and landscape, hereinafter referred to as the `PROJECT', and
WHEREAS, the CITY recognizes that said median strips and roadside areas contain turf
and landscape, which shall be maintained in accordance with Exhibit "A ", `Maintenance
Responsibilities', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 253087- 2- 78 -02, and has agreed to reimburse . the CITY for turf and
landscape maintenance elements which are outlined in the attached Exhibit "B ", `Project Limits
& Financial Summary', which is herein incorporated by reference; 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 parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (F.S.)
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
Turf and Landscape Maintenance Joint Participation Agreement
�? between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page l of l l
3
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this
Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY shall submit this Agreement to its CITY Commission for ratification or
approval by resolution. A copy of said resolution is attached hereto as Exhibit
"C ", `City of Miami Beach Resolution', and is herein incorporated by reference.
b. The CITY shall:
i. utilize the U.S. Department of Homeland Security's. E- Verify system to
verify the employment eligibility of all new employees hired by the CITY
during the term of this Agreement; and
ii. 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 Agreement term.
c. The CITY shall not commence the PROJECT until a Notice to Proceed has been
provided from the DEPARTMENT, which shall, become the effective date of this
Agreement and shall not precede the date provided on page one (1) of the
Agreement.
d. The CITY shall be responsible for the maintenance of all areas that have turf and
landscape within the DEPARTMENT's right -of -way as described in Exhibit "A ",
`Maintenance Responsibilities'.
e. The CITY shall be responsible for performing the required maintenance with a
minimum frequency of twelve (12) times per year for: Landscape Maintenance
and eighteen (18) times per year for Small Machine Mowing.
f. All turf and landscape maintenance shall be in accordance with the latest edition
of the State of Florida "Guide for Roadside Mowing" and the latest edition of the
"Maintenance Rating Program ", and Index 546 of the latest FDOT Design
Standards.
g. The CITY shall submit a work schedule to the DEPARTMENT. In addition,
before the CITY starts the work, the DEPARTMENT shall be notified, via fax, of
the state road(s). and the day(s) in which the CITY will be working. The fax shall
be sent to the attention of the South Miami -Dade Maintenance Engineer, at 305 -
640 -7200.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 2ofII
h. The CITY shall not be responsible for the clean -up, removal and disposal of
debris from the DEPARTMENT's right of way following -a natural disaster (i.e.
hurricane, tornados, etc.). However, the cost of any cycle or part thereof impaired
by any such event may be deducted from the DEPARTMENT's affected quarterly
payment to the CITY.
i. It is understood between the parties hereto that all the landscaping covered by this
Agreement may be removed, relocated or adjusted at any time in the future as
found necessary by the DEPARTMENT in order that the adjacent .state road be
widened, altered or otherwise changed and maintained to meet with future criteria
or planning of the DEPARTMENT.
J. The CITY shall not plant additional landscaping within the limits of the
PROJECT, without prior written approval by the DEPARTMENT, in accordance
with Florida Administrative Code Rule 14- 40.003. Such approval shall be in the
form of a separate written agreement that will require the CITY to properly
construct and, maintain the additional landscaping without compensation from the
DEPARTMENT.
.k. This Agreement shall not obligate the DEPARTMENT . to ' pay. the CITY to
maintain any additional landscaping, planted after the effective date of this
Agreement, within the limits of the PROJECT, and shall not obligate the CITY to
maintain any such additional landscaping.
3. "FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed FORTY THOUSAND DOLLARS
($40,000.00), as outlined in Exhibit `B ", `Project Limits & Financial Summary'.
b. The DEPARTMENT agrees to pay the CITY for the herein described services at a
compensation as detailed in this Agreement.
c. The CITY shall provide the following quantifiable, measurable and verifiable
units of deliverables. Each deliverable must specify the required minimum level
of service to be. performed and the . criteria for evaluating successful completion.
Said deliverables consists of-
1. Small Machine Mowing
ii. Landscape Maintenance
d. Invoices shall be submitted by the CITY in detail sufficient for a proper pre -audit
and post audit thereof, based on the quantifiable, measurable and verifiable units
of deliverables as established in Section c above and Exhibit "B Deliverables
must be received and accepted in writing by the DEPARTMENT's Project
Manager prior to payments.
Turf and. Landscape Maintenance, Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 3 of 11
e. Supporting documentation must establish that the deliverables were received and
accepted in writing by the CITY and that the required minimum level of service to
be performed based on the criteria for evaluating successful completion as
specified in Section c has been met.
f. Travel costs will not be reimbursed.
g. The CITY 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. The DEPARTMENT
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.
h. If a payment is not available within forty (40) days, a separate interest penalty at a
rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in
addition to the invoice amount, to the CITY. Interest penalties of less than one
(1) dollar will not be enforced unless the CITY requests payment. Invoices have
to be returned to the CITY because of CITY 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.
i. A Vendor Ombudsman has been established within the Department of Financial
Services. The Duties of this individual include acting as an advocate for the
CITY who may be experiencing problems in obtaining timely payment(s) from a
state agency. The Vendor Ombudsman may be contacted at 850 -413 -5516.
j . 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 five (5) years after final payment is made.
Copies of these documents and records shall be furnished to the DEPARTMENT
upon request. Records of costs incurred include the CITY's 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.
k. In the event this contract is for services in excess of $25,000.00 and a term for a
period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., 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
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 4 of 11
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 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 TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year."
1. 'The DEPARTMENT's obligation to pay, is contingent upon an annual
. appropriation by the Florida Legislature.
4. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and hand-
'delivered or sent by either registered or certified U.S. mail return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
1000 NW 111 th Avenue, Room 6205
Miami, FL 33172 -5800
- Attention: District Maintenance Engineer
To CITY: City of Miami Beach
2100 Washington Avenue, Suite 100
Miami Beach, FL 33139
Attention: City Manager
With Copy to: City of Miami Beach
2100 Washington Avenue
Miami Beach, FL 33139
Attn: Kevin Smith, Parks & Recreation Director
5. INVOICING
a. The CITY shall submit quarterly invoices for DEPARTMENT review, approval,
and payment, in accordance with this Agreement. Quarterly' payments will be
made upon invoice approval in an amount not to exceed one fourth of the eligible
PROJECT costs. Each invoice shall include proof that the areas. under this
Agreement were maintained using specified frequencies, at minimum.' The
supporting documents showing proof of work can be properly executed payroll, or
time records, or Contractor's invoices, or vouchers evidencing in proper detail the
nature and propriety of the charges.
b. In the event temporary work by the DEPARTMENT's forces or by other
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087= 2 -78 -02
Page 5 of 11
Contractors temporarily prevent, the CITY from performing the work described in
this Agreement, the DEPARTMENT shall deduct from the affected quarterly
payment(s) the acreage affected area and only compensate the CITY for the actual
work it performs.
i. The DEPARTMENT shall initiate this procedure only if the temporary
work prevents the CITY from performing it work for a period of one (1)
month or longer.
c. In the event this Agreement is terminated as established in Section 8 herein, no
payment will be prorated for the quarter in which termination occurs.
6. MAINTENANCE DEFICIENCIES
If the District Maintenance Engineer determines that the CITY is not accomplishing its
responsibilities under this Agreement, said District Maintenance Engineer may issue
written notice, in care of the CITY on notice thereof. Thereafter, the CITY shall have
a period of thirty (3 0) calendar days within which to correct the cited deficiency or
deficiencies. If said deficiencies are not corrected within this time period the
DEPARTMENT may, at its option, proceed as follows:
a. Maintain the median *or roadside area(s) declared deficient with DEPARTMENT
and /or a Contractor's material, equipment and personnel. The actual cost for such
work will be deducted from the DEPARTMENT's affected quarterly payment to
the CITY; or
b. Terminate this Agreement.
7. EXPIRATION /RENEWAL
This Agreement is for a terra of one (1) year beginning on the date provide in the
Notice to Proceed; and may be renewed twice, only if mutually agreed to in writing by
the. DEPARTMENT and the CITY. Any such renewal shall be subject to the same
terms and conditions set forth in this Agreement, and shall be contingent upon both
satisfactory CITY performance evaluations by the DEPARTMENT and the
availability of funds.
This Agreement may be extended if mutually agreed in writing by both parties; for a
period not to exceed six (6) months and, shall be subject to the same terms and
conditions set forth in this Agreement.. There shall be only one (1) extension of this
Agreement:
8. TERMINATION
This Agreement, or part hereof, is subject to termination under any one of the
following conditions:
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 6 of 11
a. In the event the DEPARTMENT exercises the option identified by Section 6 of
this Agreement.
b. As mutually agreed by both parties.
c. In accordance with Section 287.058(1)(c), F.S., the DEPARTMENT shall reserve
the right to unilaterally cancel this Agreement if the CITY refuses to allow public
access to any or all documents, papers, letters, or other materials made or received
by the CITY pertinent to this Agreement which are subject to provisions of
Chapter 119, of the F. S.
9. ENTIRE AGREEMENT
This Joint Participation Agreement, is the entire Agreement between the parties hereto,
and it may be modified or amended only by mutual consent of the parties in writing.
l0. 'GOVERNING LAW
This Agreement shall 'be governed and construed in accordance with the laws of the
State of Florida.
11. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and
the CITY expressed in writing, executed and delivered by each party.
12. INVALIDITY
If, any part of this Agreement shall be determined to be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, if such remainder continues
to conform to the terms and requirements of applicable law.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 7 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the .day
and year above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY: BY:
-� S DI °TQ�R,
Matti Herrera dower T NSPORTATION OPERATIONS
Mayor
Ir
AT ATTEST: -
�,�� ERK Q (SEAL) EXECUtNE SECRETARY
f
LEGAL REVIEW:
:INCORp ORATE'
ORNEY DISTRICT CHIEF C00 *EL
APPROVED AS TO
FORM & LANGUAGE.
& FOR CUTION
rney ate
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 8 of'11
Exhibit "A"
Maintenance Responsibilities
The CITY shall be responsible for the maintenance of all turf and landscape areas within the
DEPARTMENT's right of way on S:R. lA /I- 395 /Mac Arthur Causeway, as described below:
a. Mow, cut and /or trim, and edge 'the grass or turf in accordance with the latest
edition of the State of Florida "Guide for Roadside Mowing" and the latest edition
of the "Maintenance Rating Program ".
b. Properly prune all plants, which include, but not limited to; ' plant and tree
trimmings, in accordance with the latest. edition of the "Maintenance Rating
Program" and Index 546 of the latest FDOT Design Standards.
C. Maintain existing decorative bricks, mulch and other aesthetic features currently
found within these corridors.
d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to
maintain the current landscape and turf in its current healthy condition.
e. Pruning such parts thereof which may present a visual or other safety hazard for
those using or intending to use the right -of -way.
f. Remove and properly dispose of litter from roadside and median strips.
g. Remove and properly dispose of dead, diseased or otherwise deteriorated plants in
their entirety.
h. All work by the CITY shall be executed on the roadway under a traffic control
plan in accordance with DEPARTMENT'. s latest edition of the "FDOT Design
Standards ".
FDOT Financial Project Number: 253087- 2 -78 -02
County: Miami -Dade
FDOT Project Manager: B. Keith Jimmerson, P.E. 305- 640 -7200
CITY Project Manager: Mr. Jorge M. Gonzalez, City Manager.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 9 of 11
Exhibit B"
Project Limits & Financial Summary
Below are the PROJECT limits and acreage of the areas to be maintained by the CITY under this
Agreement.
State Road Street Name E From To
Mac Arthur East side of Watson West side of East
1 -395. Causeway Island Channel Bridge
Total Current
Quantity # Total Current ,
ItemDescr�ption Agreement Agreement i
(AC) Cycles SAC) Agreement
Unit Pnce
Mowing small machine
(E104 4 3) 2.732 18 49.176 $ 34.99 {$ 1.,720.67 '
Landscape. Maintenance
( E580 3 2) 2.601 12 31.212 $ 1,226.43 $ 38,279.33
$ 40,000.00
TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $ 40,000.00
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 10 of 11
Exhibit "C"
City of Miami Beach Resolution
To be herein incorporated once approved by the CITY Commission.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Miami Beach
Financial Project # 253087- 2 -78 -02
Page 11 of 11
Florida Department of Transportation
RICK SCOTT, 1000 NW 111 Avenue ANANTH PRASAD, P.E.
GOVERNOR Miami, FL 33172 SECRETARY
October 31, 2011
Mr. Jorge M. Gonzalez, City Manages` r�
Attn: Lilia Cardillo
City of Miami Beach"
1700 Convention Center Drive
w a 9
Miami Beach, FL 33139
-RE: NOTICE TO PROCEED '`
Contract: AQF 08 Turf and Landscape Maintenance Joint
Participation Agreement .y
p r,
FIN# 253087- 2 -78 -02
Dear Mr. Gonzalez:
The Department and the City of Miami Beach have executed the Joint
Participation Agreement noted above for a period of one year, starting November
1, 2011.
The City may invoice the Department after the end of each quarter
according to the schedule below.
1st Quarter- November 1, 2011 thru January 31, 2012
2 " Quarter February 1, 2012 thru April 30, 2012
3 Quarter May 1, 2012 , thru July 31, 20.12
4 Quarter August 1, 2012 thru October 31, 2012
If you have any questions concerning the agreement, please contact me
at telephone number (305) 470 - 5354.
Sincerely,
:. Rudy Garci , P. E
District Maintenance Engineer
RG /ka /si
cc: R. Marrero, K. Jimmerson, K. Al -Said, S. Perez, M. Guidry, File