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2017-29787 Reso RESOLUTION NO. 2017-29787 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF AND LANDSCAPE MAINTENANCE SERVICES ON 1-395(MACARTHUR CAUSEWAY),FROM THE EAST SIDE OF WATSON ISLAND, TO THE WEST SIDE OF EAST CHANNEL BRIDGE,AT AN ANNUAL COST OF UP TO$22,776,TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING A ONE (1) YEAR TERM, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS. WHEREAS, on July 13, 1994,the Mayor and City Commission adopted Resolution No. 94- 21209, approving a Memorandum of Agreement with the Florida Department of Transportation (FDOT) to provide for maintenance of landscaping along Interstate-395 (MacArthur Causeway); specifically, from the east side of Watson Island, to the west side of East Channel Bridge (the Agreement); and WHEREAS, since July 13, 1994, the Agreement with the City has been renewed annually; and WHEREAS, FDOT wishes to enter into a new Joint Participation Agreement(JPA)for a one year period, with an option to renew for two (2) additional years; and WHEREAS, under the terms of the JPA attached as Exhibit 1 to the Commission Memorandum accompanying this Resolution, the City will receive the sum of up to $22,776 a year from FDOT, payable quarterly. NOW, THEREFORE, BE IT 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 Joint Participation Agreement(JPA)with the Florida Department of Transportation (FDOT), for the turf and landscape maintenance services on 1-395 (MacArthur Causeway), from the east side of Watson Island, to the west side of East Channel Bridge, at an annual cost of up to$22,776,tto for paid id to the City by FDOT; said Agreement having a one (1) year term, with an option ars. PASSED and ADOPTED this / day of MArCk— , 2017. /--- MAY*,- / / ATT - �f - ; APPROVED AS TO • Y CLERK �q ( { FORM EXECUT ON C NGUAGE &FOR , D_C) - Date City Attomey f2,1.1P Resolutions -R7 U MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 1, 2017 SUBJECT: 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT (JPA)WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF AND LANDSCAPE MAINTENANCE SERVICES ON 1-395 (MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND, TO THE WEST SIDE OF EAST CHANNEL BRIDGE,AT AN ANNUAL COST OF UP TO YEAR TERM,$22,776, TOSAID AGREEMENT WITH AN OPTION TO RENEW FOR TWO (2)(2)ADDITNG A I OONE (1) YEARS. 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A JOINT PARTICIPATION AGREEMENT (JPA)WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF AND LANDSCAPE MAINTENANCE SERVICES ON 1-195 (JULIA TUTTLE CAUSEWAY), FROM THE EAST SIDE OF THE INTRACOASTAL WATERWAY, TO THE EASTERNMOST EDGE OF ALTON ROAD,AT AN ANNUAL COST OF HAVIN$260,000, TO BE PAID TO THE G CITY AGREEMENT A ONE (1) YEAR TERM, WITH ANOPTION TO RENEW FOR TWO (2)ADDITIONAL YEARS. .................. RECOMMENDATION Approve the resolution. ANALYSIS In July of 1994 the City Commission approved the initial Memorandums of Agreement (MOA) with the Florida Department of Transportation (FDOT) to provide for maintenance of landscaping along the MacArthur Causeway, specifically from the east end of Watson Island to the western edge of Alton Road and thJulia eBoth ofut TuttleCauseway, aMemorandumsspecifically Agreement have been the westernmost bridge to Alton Road renewed annually since that time. The most recent agreement for the MacArthur Causeway expired on November 3, 2016. The Page 840 of 1025 FDOT has expressed a desire to enter into a new Joint Participation Agreement(JPA)for a one year period, with an option for renewal for two additional years, on a year to year basis. Additionally, the most recent agreement for the Julia Tuttle Causeway expired on November 8, 2016. The FDOT has expressed a desire to enter into a nev4 „uint Participation Agreement (JPA)for a one year period, with an option for renewal for two years, on a year to year basis. Under the terms of these Agreements, the City of Miami Beach will receive the combined sum. of $282,776.00 a year payable in the amount of$70,694.00 quarterly, for a total of $848,328.00 during the time period for these Joint Participation Agreements. For the past several years, the City has utilized the services of a private landscape maintenance company to provide the required work within the scope of services included in these Agreements. The Julia Tuttle and MacArthur Causeways are maintained by the same city managed contractor and the annual compensation from FDOT pays for the total cost of the landscape maintenance agreement, plant material replacement as well as the City's staff time required for supervision of these areas. The Public Works Department employs a Contract Manager who is responsible for monitoring the work of the landscape maintenance contractor on a regular basis to ensure specifications are complied with and the landscape materials are properly maintained.Any deviations from the contract are noted in writing to the contractor and followed until resolved. CONCLUSION To ensure the MacArthur and Julia Tuttle Causeways' landscaping continues to be maintained at the high standards set by the City of Miami Beach, and to receive the annual funding of $282,776.00 from the Florida Department of Transportation that is necessary to support these maintenance standards, the Administration recommends the approval of the attached resolutions, the MacArthur Causeway 2017/2018 Joint Participation Agreement and the Julia Tuttle Causeway 2017/2018 Joint Participation Agreement as attached. Amount 1 $22,776.00 Account 1 011-0940-000325-29-406-545-00-00-00- Amount 2 $260,000.00 Account 2 011-0940-000325-29-406-545-00-00-00- Legislative Tracking Public Works ATTACHMENTS: Description EJ Resolution 1 © Resolution 2 o Agreement 1 o Agreement 2 o Attachment 1A Page 841 of 1025 ❑ Attachment 2A ❑ Attachment 1B ❑ Attachment 2B Page 842 of 1025 CONTRACT # TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED 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 `LOCAL GOVERNMENT'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction and maintains State Road (S.R.) AlAII-395 (MacArthur Causeway) in the LOCAL GOVERNMENT; and WHEREAS,the DEPARTMENT, at the LOCAL GOVERNMENT'S request, has agreed to compensate the LOCAL GOVERNMENTfor the maintenance of turf and landscape,hereinafter referred to as the `PROJECT', and WHEREAS, the LOCAL GOVERNMENT recognizes that the State Right-of-Way contains turf and landscape, which requires ongoing maintenance; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 253087-3-78-01, and has agreed to compensate the LOCAL GOVERNMENT for turf and landscape maintenance services as further described in Exhibit"A" — Scope of Services, and in accordance with the provisions of Exhibit "B", Financial Summary, which exhibits are attached hereto, and 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: 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. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-41 Page 1 of 15 Page 845 of 1025 2. GENERAL REQUIREMENTS AND OBLIGATIONS OF THE PARTIES a. The LOCAL GOVERNMENT shall submit this Agreement to its LOCAL GOVERNMENT Council/Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit `'D" - Local Government's Resolution, and is herein incorporated by reference. b. The LOCAL GOVERNMENT shall not commence the PROJECT until the effective date of this Agreement, which shall be the date reflected on page 1, and the DEPARTMENT shall not compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to the effective date of this Agreement. c. The LOCAL GOVERNMENT shall be responsible for the maintenance of all areas that have turf and landscape within the DEPARTMENT'S right-of-way (the project limits) as described in Exhibit-A- d. The LOCAL GOVERNMENT shall be responsible for performing the required maintenance within the project limits with the minimum frequencies stipulated in Exhibit"A". e. 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. f. Before the LOCAL GOVERNMENT starts the work, the DEPARTMENT shall be notified,via fax or e-mail. The fax or e-mail shall be sent to the attention of the South Miami-Dade Maintenance Engineer, Brian K. Jimmerson, P.E. at (305) 640-7200 or urian.jjmtnerson74 dot.state.t1.us g. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT. h. 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. The DEPARTMENT shall be responsible,at its sole cost and expense,for the removal and disposal of invasive exotic plant materials existing in the subject area as of the date of this Agreement. LOCAL GOVERNMENT acknowledges that the removal and disposal work may impact LOCAL GOVERNMENT'S routine maintenance, and Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 2 of 15 Page 846 of 1025 LOCAL GOVERNMENT agrees to c- -rate with DEPARTMENT contractor to facilitate the completion of the work. LOCAL GOVERNMENT shall participate in the final inspections, solely to confirm the removal of invasive exotic plant materials from the subject area. LOCAL GOVERNMENT'S obligations, as set forth in Exhibit A of this Agreement, with respect to removal of new invasive exotic plant materials that appear in the subject area during the term of this Agreement, shall be subject to, and shall commence following, LOCAL GOVERNMENT'S concurrence with the final inspections referenced herein. j. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT to properly construct and maintain the additional landscaping without compensation from the DEPARTMENT. k. This Agreement shall not obligate the DEPARTMENT to pay the LOCAL GOVERNMENT to maintain any additional landscaping, planted after the effective date of this Agreement, within the limits of the PROJECT, and shall not obligate the LOCAL GOVERNMENT to maintain any such additional landscaping. 1. Payments to the LOCAL GOVERNMENT shall be made in accordance with Sections 3 and 5 of this Agreement. 3. FINANCIAL PROVISIONS a. The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT, up to the maximum participating annual amount of $22,776.00 for completion of the services described in Exhibit "A" — Scope of Services. The method of compensation is included in Exhibit"B". b. The LOCAL GOVERNMENT shall provide 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. The PROJECT, identified as PROJECT Number 253087-3-78-01, and the quantifiable, measurable, and verifiable units of deliverables, consisting of the performance measures services required to perform the PROJECT Scope of Services described in Exhibit "A". (Section 287.058(1)(d) and(e),F.S.), c. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A", accompanied by the duly executed certification document in Exhibit "C", thereby establishing that the Scope of Services described in Exhibit"A"have been completed.Deliverables must be received and Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 3 of 15 Page 847 of 1025 accepted in ‘. by the DEPAI'TMENT PROJECT Manager prior to payments. (Section 287.058 (1)(a), F.S.) d. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT, or performed by the LOCAL GOVERNMENT, and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" — Scope of Services was met (see Exhibit "C" — Turf and Landscape JPA Certification Document). e. There shall be no reimbursement or compensation for travel expenses under this Agreement. f. Payment shall be made only after receipt and approval of goods and/or services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT. The LOCAL GOVERNMENT shall,within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. (Section 287.058(l)(h), F.S.). The LOCAL GOVERNMENT providing goods and/or services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order,or contract specifies otherwise.The DEPARTMENT has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received,inspected,and approved. (Section 215.422(1),F.S.). If a payment is not available within 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 LOCAL GOVERNMENT. Interest penalties of less than one Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 4 of 15 Page 848 of 1025 (1) doi car will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices that have to be returned to LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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. (Section 215.422(3)(b), F.S.) A Vendor Ombudsman has been established within the DEPARTMENT of Financial Services. The duties of this individual include acting as an advocate for LOCAL GOVERNMENT who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. (Section 215.422(5) and (7),.F.S.) g. 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 LOCAL GOVERNMENT'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. (Section 287.058(4), F.S.) h. In the event this contract is for services in excess of$25,000.00 and a term fora period of more than l 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 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 I 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 $25,000.00 and which have a term for a period of more than 1 year." i. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 21.6.311,F.S.) The LOCAL GOVERNMENT shall: Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 5 of 15 Page 849 of 1025 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 LOCAL GOVERNMENT during the term of the contract; and ii. Expressly require any contractors and 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. (Executive Order Number 2011-02). The LOCAL GOVERNMENT shall insert the above clause into any contract entered into by the LOCAL GOVERNMENT with vendors or contractors hired by the LOCAL GOVERNMENT for purposes of performing its duties under this Agreement. 4. COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by 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'' Avenue, Room 6205 Miami, Florida 33172-5800 Attention:District Maintenance Engineer To LOCAL GOVERNMENT: City of Miami Beach 1700 Convention Center Miami Beach, Florida 33139 Attention: City Manager Notices 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. 5. INVOICING a. The LOCAL GOVERNMENT 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 a completed Turf and Landscape JPA Work Certification Document (Exhibit "C") certifying that the goods and/or services to be completed and paid under this Agreement have been satisfactorily completed and delivered in accordance with the required Scope of Work in Exhibit Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project i#253487-3-78-41 Page 6 of 15 Page 850 of 1025 b. In the event temporary work by the DEPARTMENT'S forces or by other Contractors temporarily prevent the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT for the actual work it performs. i. The DEPARTMe ENT temporary if the LOCAL GOVERNMENT from perform ng its wo kforperwork prevents thee od of one(1) month or longer. c. In the event this Agreement is terminated as established in Section 8 herein, payment will be prorated within the quarter in which termination occurs. The prorated payment shall be for approved work meeting the requirements stipulated in this Agreement. 6. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. Deliverable(s) must be received and accepted in writing by the Contract Manager on the DEPARTMENT'S invoice transmittal forms prior to payment. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected,which correction shall be made within thirty(30) calendar days by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall,within five(5)days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If thcorrective action plan as is unacceptable to the DEPARTMENT, the DEPARTMENT may, at its option, proceed follows: a. The LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency,the funds retained may be forfeited at the end of the Agreement period. (Section 287.058(1)(h),F.S.) b. 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 LOCAL GOVERNMENT; or Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 7 of 15 Page 851 of 1025 c. Terminate this Agreement. 7. EXPIRATION/RENEWAL This Agreement is for a term of one(1)year beginning on the effective date of this Agreement, which shall be the date reflected on page 1,and may be renewed twice,only if mutually agreed to in writing by the DEPARTMENT and the LOCAL GOVERNMENT.Agreement, Any such renewal shalal shall be subject to the same terms and conditions set forthg be contingent upon both satisfactory LOCAL GOVERNMENT 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 (I) extension of this Agreement. 8. TERMINATION This Agreement, or part hereof, is subject to termination under any one of the following conditions: 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 LOCAL GOVERNMENT refuses to allow public access to any or all documents; papers, letters, or other materials made or received by the LOCAL GOVERNMENT pertinent to this Agreement which are subject to provisions of Chapter 119,of the F.S. 9. ENTIRE AGREEMENT This Department Funded 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. 10. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 1 I. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the LOCAL GOVERNMENT expressed in writing, executed and delivered by each party. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 8of15 Page 852 of 1025 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. 13. INDEMNIFICATION Subject to Section 768.28.Florida-Statutes,as may be amended from time to time,the LOCAL GOVERNMENT shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the LOCAL GOVERNMENT'S negligent exercise or of its responsibilities as set out in this AGREEMENT, including but not limited to, any negligent act,negligent action,negligence or omission by the LOCAL GOVERNMENT, its officers, agents, employees or representatives in the performance of this AGREEMENT,whether direct or indirect,except that neither the LOCAL GOVERNMENT nor any of its officers. agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPARTMENT. The LOCAL GOVERNMENT'S obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT'S option,to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations. shall be triggered immediately upon the LOCAL GOVERNMENT'S receipt of the DEPARTMENT'S notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT'S failure to notify the LOCAL GOVERNMENT of a claim shall not release the LOCAL GOVERNMENT of the above duty to defend and indemnify the DEPARTMENT. The LOCAL GOVERNMENT shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT,but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The LOCAL GOVERNMENT'S evaluation of liability or its inability to evaluate liability shall not excuse the LOCAL GOVERNMENT'S duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment,after the highest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall excuse performance of this provision by the LOCAL GOVERNMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 9 of 15 Page 853 of 1025 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: CITY OF MIAMI BEACH MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) LOCAL GOVERNMENT CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: LOCAL GOVERNMENT ATTORNEY DISTRICT CHIEF COUNSEL APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Attorney t4 t\t'' Date Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 10 of 15 Page 854 of 1025 Exhibit "A" Scope of Services Maintenance Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall be responsible for the maintenance of all turf and landscape areas within the DEPARTMENTS right of way on the State Roads below in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally,the LOCAL GOVERNMENT shall maintain the all turf and landscape areas in accordance with the International Society of Arboriculture standards, the latest FDOT Design Standard, guidelines, and procedures, as may be amended from time to time. �`. rkCir �" wass East side of West side of A 1A/I-395 MacArthur Causeway Watson Island East Channel Bridge For each of the following work activities, the LOCAL GOVERNMENT shall be responsible for performing these minimum frequencies: • Mowing, including edging and sweeping - eighteen (18)times per year • Landscape Maintenance/Tree Trimming - twelve(12)times per year The LOCAL GOVERNMENT shall perform a minimum of two cycles per quarter for each of the work activities described above. The LOCAL GOVERNMENT'S maintenance obligations shall include but not be limited to: a. Mowing, cutting and/or trimming and edging the grass and turf. b. Pruning all plant materials,which include trees,shrubs and ground covers,and parts thereof, including all material from private property encroaching into the DEPARTMENT'S right-of-way c. Maintaining 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 a healthy and vigorous growing condition. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 11 of 15 Page 855 of 1025 e. Paying for all water use and all costs associated therewith. f. Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. g. After the final inspections with regard to the DEPARTMENT'S removal and disposal of existing invasive exotic plant materials in the subject area,as referenced in Section 2(i) of the Agreement, LOCAL GOVERNMENT shall be responsible for removing and disposing of all undesirable vegetation, including but not limited to weeding of plant beds and removal of new invasive exotic plant materials that may appear within the subject area. h. Removing and properly disposing of dead,diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in all applicable DEPARTMENT guidelines, standards and procedures as may be amended from time to time. i. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by (a) to (h). j. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT'S right-of- way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, s riot Sixhe Lai e ClosureEl'olicyNT'S a as marea yit Manager and in beamended from accordance with the time to time. FDOT Financial Project Number: 253087-3-78-01 County: Miami-Dade FDOT Project Manager: Brian K. Jimmersan, P.E. (305) 640-7200 or brian.'innilersonfaidastate. 1.us LOCAL GOVERNMENT Project Manager: Jimmy L. Morales, City Manager, (305) 673-7010 or jirnrnvmorales@miambeachfLus Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 12 of 15 Page 856 of 1025 Exhibit "B" Financial Summary Financial Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall submit invoices to the DEPARTMENT as described in Section 5 of this Agreementforamountwork ds the DEPARTMENT will make annescribed in Exhibit -A". The ouall�g are the for each maximum participating compensation or these work activities: • Mowing, including edging and sweeping: $1,140.00 • Landscape Maintenance/Tree Trimming: $21,636.00 TOTAL ANNUAL PROJECT AMOUNT ELIGIBLE FOR COMPENSATION BY THE DEPARTMENT: $22,776.00 The LOCAL GOVERNMENT may choose to exceed the required minimum maintenance frequencies for each of the work activities described above at no additional cost to the DEPARTMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project l 253087-3-78-01 Page 13 of 15 Page 857 of 1025 Exhibit "C" SlATE Of FIOFiCA MARI hittl I OF I KANSPORIAI ION TURF AND LANDSCAPE JPA WORK CERTIFICATION DOCUMENT CONTRACT NO: 0.1/02/03/Q4: MUNICIPALITY: INVOICE NO: PAGE OF Instructions: Form to be completed by the Municipality certifying and documenting when the work was performed. The Department's Yard Engineer,or designee,will complete the portion confirming that the work performed meets the WA scope. Date Work Performed Location/SR Litter Pickup Mowing* Landscape/Tree Trimming Comments/Remarks: MUNICIPALITY CERTIFYING WORK WAS COMPLETED PER CONTRACT FOOT CONFIRMS WORK WAS COMPLETED PER CONTRACT Name(Print): Name(Print): Signature: Signature: Date: Date: mowing work description also includes all types of mowing and edging/sweeping Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 14 of 15 Page 858 of 1025 Exhibit "D" LOCAL GOVERNMENT'S Resolution To be herein incorporated once approved by the LOCAL GOVERNMENT Council/Commission. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-3-78-01 Page 15 of 15 Page 859 of 1025 CONTRACT # TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED 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 'LOCAL GOVERNMENT'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction and maintains State Road (S.R.) 112/1-195 (Julia Tuttle Causeway) in the LOCAL GOVERNMENT; and WHEREAS,the DEPARTMENT,at the LOCAL GOVERNMENT's request, has agreed to compensate the LOCAL GOVERNMENT for the maintenance of turf and landscape,hereinafter referred to as the `PROJECT', and WHEREAS, the LOCAL GOVERNMENT recognizes that the State Right-of-Way contains turf and landscape,which requires ongoing maintenance; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 253086-2-78-03, and has agreed to compensate the LOCAL GOVERNMENT for turf and landscape maintenance services as further described in Exhibit"A" — Scope of Services, and in accordance with the provisions of Exhibit"B", Financial Summary, which exhibits are attached hereto, and 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: 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. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 1of15 Page 860 of 1025 2. GENERAL REQUIREMENTS AND OBLIGATIONS OF THE PARTIES a. The LOCAL GOVERNMENT shall submit this Agreement to its LOCAL GOVERNMENT Council/Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "D" - Local Government's Resolution,and is herein incorporated by reference. b. The LOCAL GOVERNMENT shall not commence the PROJECT until the effective date of this Agreement, which shall be the date reflected on page 1, and the DEPARTMENT shall not compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to the effective date of this Agreement. c. The LOCAL GOVERNMENT shall be responsible for the maintenance of all areas that have turf and landscape within the DEPARTMENT'S right-of-way (the project limits) as described in Exhibit"A" d. The LOCAL GOVERNMENT shall be responsible for performing the required maintenance within the project limits with the minimum frequencies stipulated in Exhibit"A". e. 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. f. Before the LOCAL GOVERNMENT starts the work, the DEPARTMENT shall be notified, via fax or e-mail. The fax or e-mail shall be sent to the attention of the South Miami-Dade Maintenance Engineer, Brian K. Jimmerson, P.E. at (305)640-7200 or brian jirnmerson@dot.state.tl.us g. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT. h. 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. i. The DEPARTMENT shall be responsible, at its sole cost and expense,for the removal and disposal of invasive exotic plant materials existing in the subject area as of the date of this Agreement. LOCAL GOVERNMENT acknowledges that the removal and disposal work may impact LOCAL GOVERNMENT's routine maintenance, and Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 2 of 15 Page 861 of 1025 LOCAL GOVERNMENT agrees to cooperate with DEPARTMENT'S contractor to facilitate the completion of the work. LOCAL GOVERNMENT shall participate in the final inspections, solely to confirm the removal of invasive exotic plant materials from the subject area. LOCAL GOVERNMENT'S obligations, as set forth in Exhibit A of this Agreement, with respect to removal of new invasive exotic plant materials that appear in the subject area during the term of this Agreement, shall be subject to, and shall commence following, LOCAL GOVERNMENT'S concurrence with the final inspections referenced herein. j. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT to properly construct and maintain the additional landscaping without compensation from the DEPARTMENT. k. This Agreement shall not obligate the DEPARTMENT to pay the LOCAL GOVERNMENT to maintain any additional landscaping, planted after the effective date of this Agreement, within the limits of the PROJECT, and shall not obligate the LOCAL GOVERNMENT to maintain any such additional landscaping. 1. Payments to the LOCAL GOVERNMENT shall be made in accordance with Sections 3 and 5 of this Agreement. 3. FINANCIAL PROVISIONS a. The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT, up to the maximum participating annual amount of $260,000.00 for completion of the services described in Exhibit "A" — Scope of Services. The method of compensation is included in Exhibit"B". b. The LOCAL GOVERNMENT shall provide 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. The PROJECT, identified as PROJECT Number 253086-2-78-03 and the quantifiable, measurable, and verifiable units of deliverables, consisting of the performance measures services required to perform the PROJECT Scope of Services described in Exhibit "A". (Section 287.058(1)(d)and(e),F.S.), c. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A", accompanied by the duly executed certification document in Exhibit "C", thereby establishing that the Scope of Services described in Exhibit"A"have been completed.Deliverables must be received and Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 3 of 15 Page 862 of 1025 accepted in writing by the DEPARTMENT'S PROJECT Managct for to payments. (Section 287.058 (I)(a). F.S.) d. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT, or performed by the LOCAL GOVERNMENT, and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A"' — Scope of Services was met (see Exhibit "C" — Turf and Landscape JPA Certification Document). e. There shall be no reimbursement or compensation for travel expenses under this Agreement. f. Payment shall be made only after receipt and approval of goods andlor services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory,the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT. The LOCAL GOVERNMENT shall,within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period.If the LOCAL GOVERNMENT is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. (Section 287.058(l)(h),F.S.). The LOCAL GOVERNMENT providing goods and/or services to the DEPARTMENT should be aware of the following time frames.Inspection and approval of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order,or contract specifies otherwise.The DEPARTMENT has 20 days to deliver a request for payment(voucher) to the Department of Financial Services.The 20 days are measured from the latter of the date the invoice is received or the goods or services are received,inspected, and approved. (Section 215.422(1), F.S.). If a payment is not available within 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 LOCAL GOVERNMENT. Interest penalties of less than one Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 4 of 15 Page 863 of 1025 (1) dollar will not be enforced unless `'. LOCAL GOVERNMENT -equests payment. Invoices that have to be returned to LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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. (Section 215.422(3)(b), F.S.) A Vendor Ombudsman has been established within the DEPARTMENT of Financial Services. The duties of this individual include acting as an advocate for LOCAL GOVERNMENT who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. (Section 215.422(5)and(7). F.S.) g. 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 LOCAL GOVERNMENT'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. (Section 287.058(4), F.S.) h. 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 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 $25,000.00 and which have a term for a period of more than 1 year." i. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 216.311,F.S.) j. The LOCAL GOVERNMENT shall: Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 5 of 15 Page 864 of 1025 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 LOCAL GOVERNMENT during the term of the contract; and ii. Expressly require any contractors and 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. (Executive Order Number 2011-02). The LOCAL GOVERNMENT shall insert the above clause into any contract entered into by the LOCAL GOVERNMENT with vendors or contractors hired by the LOCAL GOVERNMENT for purposes of performing its duties under this Agreement. 4. COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by 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 111th Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To LOCAL GOVERNMENT: City of Miami Beach 1700 Convention Center Miami Beach,Florida 33139 Attention: City Manager Notices 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. 5. INVOICING a. The LOCAL GOVERNMENT 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 a completed Turf and Landscape JPA Work Certification Document (Exhibit "C") certifying that the goods and/or services to be completed and paid under this Agreement have been satisfactorily completed and delivered in accordance with the required Scope of Work in Exhibit �A55. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 6 of 15 Page 865 of 1025 b. In the event temporary work by the DEPARTMENT'S forces or by other Contractors temporarily prevent the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT for the actual work it performs. i. The DEPARTMENT shall initiate this procedure only if the temporary work prevents the LOCAL GOVERNMENT from performing its work for a period of one(1) month or longer. c. In the event this Agreement is terminated as established in Section 8 herein, payment will be prorated within the quarter in which termination occurs. The prorated payment shall be for approved work meeting the requirements stipulated in this Agreement. 6. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. Deliverable(s) must be received and accepted in writing by the Contract Manager on the DEPARTMENT'S invoice transmittal forms prior to payment. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected,which correction shall be made within thirty(30) calendar days by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall,within five(5)days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the DEPARTMENT may, at its option, proceed as follows: a. The LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved,the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency,the funds retained may be forfeited at the end of the Agreement period. (Section 287.058(1)(h),F.S.) b. 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 LOCAL GOVERNMENT; or Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 7 of 15 Page 866 of 1025 c. Terminate this Agreement. 7. EXPIRATION/RENEWAL This Agreement is for a term of one(I)year beginning on the effective date of this Agreement, which shall be the date reflected on page 1, and may be renewed twice,only if mutually agreed to in writing by the DEPARTMENT and the LOCAL GOVERNMENT. Any such renewal shall be subject to the same terms and conditions set forth in this Agreement, and shall be contingent upon both satisfactory LOCAL GOVERNMENT 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: 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 LOCAL GOVERNMENT refuses to allow public access to any or all documents,papers, letters, or other materials made or received by the LOCAL GOVERNMENT pertinent to this Agreement which are subject to provisions of Chapter 119,of the F.S. 9. ENTIRE AGREEMENT This Department Funded 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. 10. 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 LOCAL GOVERNMENT expressed in writing, executed and delivered by each party. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 8 of 15 Page 867 of 1025 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. 13. INDEMNIFICATION Subject to Section 768.28,Florida Statutes,as may be amended from time to time, the LOCAL GOVERNMENT shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments. penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the LOCAL GOVERNMENT'S negligent exercise or of its responsibilities as set out in this AGREEMENT, including but not limited to, any negligent act, negligent action,negligence or omission by the LOCAL GOVERNMENT, its officers, agents, employees or representatives in the performance of this AGREEMENT,whether director indirect,except that neither the LOCAL GOVERNMENT nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPARTMENT. The LOCAL GOVERNMENT'S obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT'S option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the LOCAL GOVERNMENT'S receipt of the DEPARTMENT'S notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT'S failure to notify the LOCAL GOVERNMENT of a claim shall not release the LOCAL GOVERNMENT of the above duty to defend and indemnify the DEPARTMENT. The LOCAL GOVERNMENT shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT,but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The LOCAL GOVERNMENT'S evaluation of liability or its inability to evaluate liability shall not excuse the LOCAL GOVERNMENT'S duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment,after the highest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall excuse performance of this provision by the LOCAL GOVERNMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 9 of 15 Page 868 of 1025 • 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: CITY OF MIAMI BEACH MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) LOCAL GOVERNMENT CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: LOCAL GOVERNMENT ATTORNEY DISTRICT CHIEF COUNSEL APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION -014-(1 City Attorney f' Date • Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-248-03 Page 10 of 15 Page 869 of 1025 Exhibit "A_" Scope of Services Maintenance Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall be responsible for the maintenance of all turf and landscape areas within the DEPARTMENT'S right of way on the State Roads below in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally,the LOCAL GOVERNMENT shall maintain the all turf and landscape areas in accordance with the International Society of Arboriculture standards, the latest FDOT Design Standard, guidelines, and procedures, as may be amended from time to time. g Z17477, N ' � •S� . A, "'� ��:` �' a F - 'car \�� q.,_ - 42 11.1a, ,' 112/ 1-195 Julia Tuttle Causeway East side of Intercostal Waterway Alton Road For each of the following work activities, the LOCAL GOVERNMENT shall be responsible for performing these minimum frequencies: • Litter Pickup - Twelve(12) times per year • Mowing, including edging and sweeping - eighteen(18)times per year • Landscape Maintenance/Tree Trimming - twelve (12)times per year The LOCAL GOVERNMENT shall perform a minimum of two cycles per quarter for each of the work activities described above. The LOCAL GOVERNMENT'S maintenance obligations shall include but not be limited to: a. Mowing, cutting and/or trimming and edging the grass and turf. b. Pruning all plant materials,which include trees,shrubs and ground covers,and parts thereof, including all material from private property encroaching into the DEPARTMENT'S right-of-way c. Maintaining existing decorative bricks,mulch and other aesthetic features currently found within these corridors. d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 11 of 15 Page 870 of 1025 maintain currelt landscape and turf in a healthy and vigorous growing condition. c. Paying for all water use and all costs associated therewith. f. Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. g. After the final inspections with regard to the DEPARTMENT's removal and disposal of existing invasive exotic plant materials in the subject area,as referenced in Section 2(i) of the Agreement, LOCAL GOVERNMENT shall be responsible for removing and disposing of all undesirable vegetation, including but not limited to weeding of plant beds and removal of new invasive exotic plant materials that may appear within the subject area. h. Removing and properly disposing of dead,diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in all applicable DEPARTMENT guidelines, standards and procedures as may be amended from time to time. i. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by(a) to (h). j. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT'S right-of- way. Lane closure requests shall be submitted through the District Six Lane Closure Information System,to the DEPARTMENT'S area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. FDOT Financial Project Number: 253086-2-78-03 County: Miami-Dade FDOT Project Manager: Brian K. Jimmerson, P.E. (305) 640-7200 or Brian jimmerson( dot.state fl.rrs LOCAL GOVERNMENT Project Manager:Jimmy L. Morales, City Manager, (305)673-7010 or•.jimmymorales. miambeaclzil.us Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78403 Page 12 of 15 Page 871 of 1025 Exhibit "B" Financial Summary Financial Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall submit invoices to the DEPARTMENT as described in Section 5 of this Agreement for the work described in Exhibit "A". The following are the maximum participating compensation amounts the DEPARTMENT will make annually for each of these work activities: • Litter Pickup: $10,912.00 • Mowing, including edging and sweeping: $6,452.00 • Landscape/Tree Trimming: $242,636.00 TOTAL ANNUAL PROJECT AMOUNT ELIGIBLE FOR COMPENSATION BY TIIE DEPARTMENT: $260,000.00 The LOCAL GOVERNMENT may choose to exceed the required minimum maintenance frequencies for each of the work activities described above at no additional cost to the DEPARTMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 13 of 15 Page 872 of 1025 Exhibit "C" 31 AI L OF FLORIDA DLPARIMLN I Of T RANSPORTA'TION TURF AND LANDSCAPE JPA WORK CERTIFICATION DOCUMENT CONTRACT NO: Q1/Q2/Q3/Q4. MUNICIPALITY: INVOICE NO: PAGE OF Instructions: Form to be completed by the Municipality certifying and documenting when the work was performed. the Department's Yard Engineer,or designee,will complete the portion confirming that the work performed meets the JPA scope. Date Work Performed Location/SR Litter Pickup Mowing F Landscape/Tree Trimming Comments/Remarks: MUNICIPALITY CERTIFYING-WORK-WAS COMPLETED PER CONTRACT FOOT CONFIRMS WORK WAS COMPLETED`PER'CONTRACT-.._ Name(Print): Name(Print): Signature: Signature: Date: Date: •mowing work description also includes all types of mowing and edging/sweeping Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 14 of 15 Page 873 of 1025 Exhibit "D" LOCAL GOVERNMENT's Resolution To be herein incorporated once approved by the LOCAL GOVERNMENT Council/Commission. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-03 Page 15 of 15 Page 874 of 1025 Centennial Florida Department of Transportation RICK SCOTT 1000 NW 111 Avenue JIM BOWED GOVERNORSECRETARY Miami,Florida 33172 October 23,2015 City of Miami Beach 1700 Convention Center Drive Miami Beach,FL 33139 Attn: Mr.Jimmy Morales Sub; NOTICE TO PROCEED Re: Agreement#AR040 Turf and Landscaping Maintenance Joint Participation Agreement City of Miami Beach-MacArthur Causeway Fin Project No:253087-2-78-03 Dear Mr. Morales: The Department and the City of Miami Beach have executed the Joint Participation Agreement noted above for a period of one year starting November 5th,2015 thru November 3rd,2016.The Project manager for this Agreement is Mr.Brian K.Jimmerson,P.E. He can be reached at(305)640-7277. The City may Invoice the Department after the end of each quarter according to the schedule below: 1't Quarter November 5Th, 2015 thru February 4h,2016 2"d Quarter February 5t',2016 thru May 3"a,2016 3ntl Quarter May 4h,2016 thru August 3"r, 2016 4th Quarter August 4h,2016 thru November 3'd,2016 If you have any questions concemin. a. =:* t,please contact me at telephone number (305)470-5354. Since e /i7 .,,1111111r ''* ! PL' 'udy , District Maintenance Engineer cc:R.Marrero,B.Jimmerson, K.Al-Said,H.Bechtold,S. Perez,N.Chinapoo,S.lanotti,A.,file www,dastatellais Page 875 of 1025 STATE OF FLORCA DEPARTMENT OF TRANSPORTATION 375-02423 CONTRACT RENEWAL CONTRACTS ADMINISTRATION OGC-6410 Contract No.:ARO40 Renewal: (1st,2nd, etc.) 1st Financial Project No(s).: 253087-2-78-03 County(ies): Miami-Dade This Agreement made and entered into this,742 day of • by , �---, and between the State of (this date t• • • . •- ••. Florida Department of Transportation, hereinafter called'Department", and City of Miami Beach,2100 Washington Ave Miami Beach, FL 33139 hereinafter called"Contractor". WITNESSETH: WHEREAS, the Department and the Contractor heretofore on this 4th day of November, 2014 entered into an Agreement whereby the Department retained the Contractor to pe form tois date Maintbe lettered enance of DOT onall landscaped and/or turfed areas within the right-of-way having the limits described by Exhibit'B',of the original contract. ;and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW,THEREFORE,this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other,the parties agree to a renewal of said original Agreement for a period beginning the 5th day of November , 2015 and ending the 3rd daY of November ,2016 ata cost of 22,774.20 All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month,and year set forth above. City of Miami Beach STATE OF FLORIDA Name of Contractor DEP'ii1 OF TRANSPORT ION City of Miami Be =yor Philip Lavine Y: !/ Contractor Name _-. Y District Secretary or ignee(Signature) BY: Title: bi ,i Autho': . ' '01" (SEAL)) Legal: ___f �,., ,+ Name• -: +a4: City State Fiscal: Approval as to Availability of Funds BY: _,�„„viva,x 44 Florida Licensed Insurance Agent or .„1-‘'-'1' l , Attorney-In-Fact(Signature) ,, .. 4-** rt APPROVED AS 10 Countersigned: Y. ' ,' FCsRM&LANGUAGE on•- ce ..=• nsurance ' e_ ...,....;4, ,• : ' &FOR EXECUTION II ATTEST: aliqE evrkr $ -INCA R E 7 s 4 c c RA . = y # \, `jr/lam - , z ; 5 STATE OF FLORIDA DEPARTAENT OF TRANSPORTATION 375-04088 i E-VC PROCUREMENT G O61tt Contract No:ARO40 Financial Project No(s): 253087-2-78-03 Project Description: Turf and Landscape Maintenance Joint Participation Agreement- MacArthur Causeway Vendor/Consultant acknowledges and agrees to the following: Vendor/Consultant : 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 Vendor/Consultant 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. Company/Firm: City of Miami Beach Authorized Signature: Title: Mayor l Date: ATTEST: ;1- APPROVED AS TO ! FORM&LANGUAGE Rafael Granada, ity Clerk &FOR EXECUTION GIY fF Page 877 of 1025 FIDaf Florida Department of Transportation RICK SCOTT 1000 NW 111 Avenue ANANTH PRASAD,P.E. GOVERNOR Miami,FL 33172 SECRETARY November 5, 2014 City of Miami Beach 2100 Washington Avenue Miami Beach, FL 33139 Attn: Mr.Jimmy Morales Sub: NOTICE TO PROCEED Re: Agreement#ARO40 Turf and Landscaping Maintenance Joint Participation Agreement City of Miami Beach- MacArthur Causeway Fin Project No:253087-2-78-03 Dear Mr. Morales: The Department and the City of Miami Beach have executed the Joint Participation Agreement noted above for a period of one year starting November 5th, 2014 thru November 4th, 2015. The Project manager for this Agreement is Mr. Keith Jimmerson, P.E. He can be reached at (305)640-7277. The City may Invoice the Department after the end of each quarter according to the schedule below: 1$t Quarter November 5th,2014 thru February 4th, 2015 2nd Quarter February 5t", 2015 thru May 4th, 2015 3rd Quarter May 5t", 2015 thru August 4th,2015 4th Quarter August 5t", 2015 thru November 4th, 2015 If you have any questions concern' g the ,greement, please contact me at telephone number(305)470-5354 Sincere! l/4/1/ = 41 r s y Garcia,P. . District Maintenance Engineer cc: R.Marrero,K.Jimmerson, K.Al-Said,H. Bechtold, M. Rapaport, P.Valin,W.Tiondra,S. Perez, S. tanotti,A. Espinosa,file www.datstate.fi,us Page 878 of 1025 CONTRACT#A O 4{ TURF AND LANDSCAPE MAINTENANCE JOINT PARTICIPATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH irCo This Agreement, is made and entered into thisda Y of—A '.774,e,t.-, 20)Yby 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.) I A I A/I395/Mac Arthur Causeway 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 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 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 253087-2-78-03, 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#253087-2-78-03 Page I of 13 Page 879 of 1025 I. 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's Resolution',and is herein incorporated by reference. b. 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. c. 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'. d. The CITY shall be responsible for performing the required maintenance with a minimum frequency of eighteen (18) times per year for: Small Machine Mowing and twelve (12)times per year for Landscape Maintenance. e. 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. f. 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 or e-mail, of the state road(s) and the day(s) in which the CITY will be working. The fax or e-mail shall be sent to the attention of the South Miami-Dade Maintenance Engineer,at 305-640-7200 or keith jimmerson@dot.state.fl.us The CITY shall not start working until the DEPARTMENT has advised, in writing, that the submitted work schedule has been approved. g. 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. h. 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. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Protect iO 253087-2-78-03 Page 2 of 13 Page 880 of 1025 i. 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. j. 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 TWENTY TWO THOUSAND SEVEN HUNDRED SEVENTY FOUR DOLLARS AND TWENTY CENTS ($22,774.20), 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 furnish the services with which to maintain the PROJECT LIMITS. Said PROJECT consists of services as detailed in Exhibit "A" of this Agreement. d. Payment shall be made only after receipt and approval of goods and services unless advanced payments are authorized by the DEPARTMENT's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14),F.S. e. 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(list deliverables): i. Small Machine Mowing ii. Landscape Maintenance f. 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. g. 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 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 3 of 13 Page 881 of 1025 be performed based on the criteria for evaluating successful completion as specified in Section c nas been met. h. Travel costs will not be reimbursed. i. 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. j. 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 which 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. k. 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 or by calling the Division of Consumer Services at 1-877-693-5236. I. 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. m. 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 Comptroller of the DEPARTMENT that such funds are available prior to entering into any such contract or other binding commitment of funds. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project ti 253087-2-78-03 Page 4 of 13 Page 882 of 1025 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." n. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. o. E-verify: The CITY/Contractors or Vendors: i. 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 Vendor/Contractor during the term of the contract;and ii. 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. The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this Agreement. 4. COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by 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 111th Avenue, Room 6205 Miami,Florida 33172-5800 Attention: District Maintenance Engineer To CITY: City of Miami Beach 2100 Washington Avenue Miami Beach,FL 33139 Attention: City Manager Notices 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. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 5 of 13 Page 883 of 1025 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 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, payment will be prorated within the quarter in which termination occurs. The prorated payment shall be for approved work meeting the requirements stipulated in this Agreement. 6. MAIN TENANCE 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 (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may, at its option, proceed as follows: a. Maintain the 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 term of one (1)year beginning on the date provided 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 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 6ofLi Page 884 of 1025 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: 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. 10. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 1 1. 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. 13. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 7of13 Page 885 of 1025 assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees), -r suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this agreement, whether direct or indirect, except that neither the CITY nor any of its officers, agents,employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's receipt of the DEPARTMENT'S notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT'S failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the Department was solely negligent shall excuse performance of this provision by the CITY. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253487-2-78-43 Page 8 of 13 Page 886 of 1025 IN WITNESS WHEREOF,the parties hereto have executed this Agreement,on the day and year above written. CITY OF MIAMI BEACIL.--- STATE OF FLORIDA,DEPARTMENT 7 OF TRANSPORTATION: --) , BY --;i By. ,/,..- , i : , , ,....!--- CITY MAYOR 7 DISTRICT SECRETAR _ (1717 / .,, z.p*:\..,,..E36-4 , fe• N''''--•'..... ) i... .C:( Ao 911V1 ATTEST: 2 ki . ...00 lo ..._ ' .,c) —41140 ORM: . : LERK (SEAL) EXECUTWE SECR)TARN 5°-.- ''',','‘,„.,!,:f?r,-, ir ,-.,-, \• LEGAL REVIEW: C CITY ATTORN DISTRICT CHIEF CO 19 SEL Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 9 of 13 Page 887 of 1025 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.) 1 A1A/I395/Mac Arthur Causeway , in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, the CITY shall maintain the all turf and landscape areas in accordance with the International Society of Arboriculture standards, the latest FDOT Design Standard, guidelines, and procedures, as may be amended from time to time. The CITY's maintenance obligations shall include but not be limited to: 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. Fertilizing, insecticide, pesticide, herbicide and watering will be required to maintain the current landscape and turf in its current healthy condition. d. Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. e. Remove and properly dispose of litter from roadside and median strips. f. Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in all applicable DEPARTMENT guidelines, standards and procedures as may be amended from time to time. g. 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". h. Maintaining a service log of all maintenance operation that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. i. Submitting Lane Closure Request to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTENT'S right of way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy,as may be amended from time to time. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 10 of 13 Page 888 of 1025 FDOT Financial Project Number: 253087-2-78-03 County: Miami-Dade FDOT Project Manager: Keith Jimmerson,P.E. 305-640-7200 CITY Project Manager:Mr. Jimmy Morales/City Manager Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 11 of13 Page 889 of 1025 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. v 43- �� ha�vaa a 1395 MacArthur East side of Watson West side of East Causeway Island Channel Bridge Q\,V,,, `a "' .AA 8 %1 .o- yr a„ €a+- Ol/ $ €, 5 V�d,,�, ^� ,, fi a r i - taloa 't# �. ,....,� ,�.,. �.. ..� ..^L w klk", Mowing small machine 1.81 18 32.58 $34.99 $1,139.97 (E104 4 3) _ Landscape Maintenance 1.47 12 17.64 $1,226.43 $21,634.23 ( E580 3 2) $22,774.20 TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $22,774.20 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 12 of 13 Page 890 of 1025 Exhibit "C" CITY's Resolution To be herein incorporated once approved by the City of Miami Beach Commission. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253087-2-78-03 Page 13 of 13 Page 891 of 1025 , Florida Department of Transportation RICK SCOTT 1000 NW 111 Avenue JimSOXOta GOVERNOR Miami,Florida 33172 SECRETARY October 23,2015 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn:Mr_Jimmy Morales Sub: NOTICE TO PROCEED Re: Agreement#AR039 Turf and Landscaping Maintenance Joint Participation Agreement City of Miami Beach-Julia Tuttle Causeway Fin Project No:253086-2-78-02 Dear Mr. Morales: The Department and the City of Miami Beach have executed the Joint Participation Agreement noted above for a period of one year starting November 10th, 2015 thru November 80', 2016. The Project manager for this Agreement is Mr.Brian K.Jimmerson,P.E. He can be reached at(305)640- 7277. The City may Invoice the Department after the end of each quarter according to the schedule below: 1st Quarter November 10th,2015 thru February 9111,2016 2"d Quarter February 10th,2016 thru May 8th,2016 3'd Quarter May 9th,2016 thru August 8th,2016 4th Quarter August 9th,2016 thru November 8th,2016 If you have any questions concerning a agre-ment,please contact me at telephone number (305)470-5354. t Sincerer, NW ;If =,P.E. District Maintenance Engineer cc:R.Marrero,B.Jimmerson,K.AI-Said,H.Bechtold,S. Perez,N.Chinapoo,S. ianotti,file www,dot,state,fl,us Page 892 of 1025 STATE OF FLORIDA OEPARTUIENT OF TRANSPORTATION 375020.23 CONTRACT RENEWAL CONTRACTS ADMINISTRATION Contract No.:ARO;:J Renewal: (1st,2nd, etc.) 1st Financial Project No(s).: 253086-2-78-02 County(ies): Miami-Dale This Agreement made and entered into this day oft/2 t .,,1 / ,try and between the State of {This datevg GR;TI my.] Florida Department of Transportation,hereinafter called"Department",and City of Miami Beach,2100 Washington Ave Miami Beach, FL 33139 hereinafter called"Contractor". WITNESSETH: WHEREAS,the Department and the Contractor heretofore on this 4th day of November,2014 (This date to be entered by DOT only) entered into an Agreement whereby the Department retained the Contractor to perform Maintenance of ail landscaped and/or turfed areas within the right-of-way having the limits described by Exhibit'B',of the original contract. ;and WHEREAS,said Agreement has a renewal option which provides fora renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW,THEREFORE,this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other,the parties agree to a renewal of said original Agreement for a period beginning the 10th day of November •2015 and ending the gth day of November ,2016 at a cost of$ 260,000.00 All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF,the parties have executed this Agreement by their duly authorized officers on the day, month,and year set forth above. City of Miami Beach STATE OF FLORIDA Name of Contractor D ' ' NT OF TRANSPOR ON City of Miami Beach, by Mayo, . /p Levine ;:y, 466 � l Contractor Name and Title District Secretary or a=- nee(Signature) BY: Title: )l/Matt.• Authorized Signature f1 Name of Surety (SEAT') Lpt e at: i al' �iT City State Fiscal: By: Approval as to Availability of Funds 10,14, Florida I.icermsed Insurance Agent or Date 4+,:ft L.... -ln-Fact(Signature) ,... ti;.. e. 1 APPROVED AS TO Countersigned: y" �- '� ::', ' FORM&LANGUAGE +,t L' =. sed Insure Agent r,;:te ,--0-�".,�,, t &FOR EXECUTON ATTEST: tS .INCORP+ =* Rafe•I . ranado Ci y Clerk t " ,,'.. :s t4) . �s_ — , ',.. I 1 a 3 Pag!+�, df71+ .i- STATE OF FLORIDA DEPARtME ff OF TRANSPORTATION 375-040-68 E-VERIFY PROCUREMENT OSA I Contract No:AR039 Financial Project No(s): 253086-2-78-02 Project Description: Turf and Landscape Maintenance Joint Participation Agreement- Julia Tuttle Causeway Vendor/Consultant acknowledges and agrees to the following: Vendor/Consultant 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 Vendor/Consultant 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. Company/Firm: C' of Miami Beach 4 ,//�` Authorized Signature; AO, Title: Mayor Date: " 77:64 ATTEST: Affinirffilr / 'afael E. anado, j.!'. Clerk APPROVED AS TO , v.% wit,411 FORM&LANGUAGE ' ' �, ,.� .... - &FOR EXECUTION c ~ " tom►mow.31( Dote A F AO` 4,6 6 Page 894 of 1025 FOOT') Florida Department of Transportation RICK SCOTT 1000 NW 111 Avenue ANANTH PRASAD,P.E. GOVERNOR Miami,FL 33172 SECRETARY November 5,2014 City of Miami Beach 2100 Washington Avenue Miami Beach, FL 33139 Attn: Mr.Jimmy Morales Sub: NOTICE TO PROCEED Re: Agreement#AR039 Turf and Landscaping Maintenance Joint Participation Agreement City of Miami Beach-Julia Tuttle Causeway Fin Project No:253086-2-78-02 Dear Mr. Morales: The Department and the City of Miami Beach have executed the Joint Participation Agreement noted above for a period of one year starting November 10th, 2014 thru November 9th, 2015. The Project manager for this Agreement is Mr. Keith Jimmerson, P.E. He can be reached at (305)640- 7277. The City may Invoice the Department after the end of each quarter according to the schedule below: 18t Quarter November 10th,2014 thru February 9th, 2015 es Quarter February 10th, 2015 thru May 9th, 2015 3rd Quarter May 10th,2015 thru August 9th, 2015 4th Quarter August 10th, 2015 thru November 9th, 2015 If you have any questions concerning the agreement, please contact me at telephone number(305)470-5354 Since y District Mai, -nance Engineer cc: R. Marrero, K. Jimmerson, K.Al-Said, H. Bechtold, M. Rapaport,P.Valin,W.Tiondra,S. Perez, S. lanotti,A. Espinosa,file www.dot.state.fLus Page 895 of 1025 CONTRACT# ARO 3d1 TURF AND LANDSCAPE MAINTENANCE JOINT PARTICIPATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH 1/61 This Agreement, is made and entered into thisa of- 149-).,r4 7t49-y,r4w- 4 20/Yby 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 State Road(S.R.) 112/1- 195 (Julia Tuttle 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 median strips on the State Highway System within the corporate Iimits 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 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 253086-2-78-02, 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: 1. INCORPORATION OF RECITALS Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-02 Page 1 of 13 Page 896 of 1025 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's Resolution', and is herein incorporated by reference. b. 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. c. 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'. d. The CITY shall be responsible for performing the required maintenance with a minimum frequency of twelve (12) times per year for: Litter Removal & Landscape Maintenance, and eighteen (18) times per year for: Large Machine Mowing, Small Machine Mowing, and Edging&Sweeping. e. 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. f. 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 or e-mail, of the state road(s) and the day(s) in which the CITY will be working. The fax or e-mail shall be sent to the attention of the South. Miami-Dade Maintenance Engineer, at 305-640-7200 keith.jimmerson@dot.state.fl.us . The CITY shall not start working until the DEPARTMENT has advised, in writing, that the submitted work schedule has been approved. g. 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. h. 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. i. The CITY shall not plant additional landscaping within the limits of the PROJECT, without prior written approval by the DEPARTMENT, in accordance Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Reach Financial Project#253051-2-78-02 Page 2of13 Page 897 of 1025 -1 _ 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 DEPARTMEN r. j. 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 TWO HUNDRED SIXTY THOUSAND AND ZERO CENTS ($260,000.00), 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 furnish the services with which to maintain the PROJECT LIMITS. Said PROJECT consists of services as detailed in Exhibit "A" of this Agreement. d. Payment shall be made only after receipt and approval of goods and services unless advanced payments are authorized by the DEPARTMENT's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14),F.S. e. 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(list deliverables): i. Large Machine Mowing ii. Small Machine Mowing iii. Edging&Sweeping iv. Landscape Maintenance v. Litter Removal f. 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. g. 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 Turf and Landscape Maintenance Joint Participation Agreement between the Florida.Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-02 Page 3 of 13 Page 898 of 1025 be performed based on the criteria for evaluating successful completion as specified in Section c has been met. h. Travel costs will not be reimbursed. i. 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. j. 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. k. 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 or by calling the Division of Consumer Services at 1-877-693-5236. 1. 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. m. 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 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 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Pmject#253086-2-78-02 Page 4 of 13 Page 899 of 1025 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." n. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. o. E-verify: The CITY/Contractors or Vendors: i. 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 Vendor/Contractor during the term of the contract; and ii. 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. The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this Agreement. 4. COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by 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 el Avenue, Room 6205 Miami,Florida 33172-5800 Attention: District Maintenance Engineer To CITY: City Manager 2100 Washington Avenue Miami Beach. FL 33139 Attention:Jimmy L. Morales Notices 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. 5. INVOICING a. The CITY shall submit quarterly invoices for DEPARTMENT review, approval, Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-02 Page 5 of 13 Page 900 of 1025 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 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, payment will be prorated within the quarter in which termination occurs. The prorated payment shall be for approved work meeting the requirements stipulated in this Agreement. 6. MAIN!ENANCE 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(30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may, at its option, proceed as follows: a. Maintain the 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 term 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. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-02 Page 6of 13 Page 901 of 1025 8. TERMINATION This Agreement, or part hereof, is subject to termination under any one of the following conditions: 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. 10. 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. 13. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to,any act, action, neglect or omission by the CITY, its officers, agents, employees or representatives in any way pertaining to this agreement, whether direct or indirect, except that neither the CITY nor any of its officers, agents,employees or representatives will be liable under this provision for Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-02 Page 7of13 Page 902 of 1025 damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's receipt of the DEPARTMENT'S notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT'S failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the Department was solely negligent shall excuse performance of this provision by the CITY. THE REMAINDER OF THIS PAGE IN I ENTIONALLY LEFT BLANK Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-02 Page 8ofl3 Page 903 of 1025 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.) 112/1-195 Julia Tuttle Causeway in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, the CITY shall maintain the all turf and landscape areas in accordance with the International Society of Arboriculture standards, the latest FDOT Design Standard, guidelines, and procedures, as may be amended from time to time. The CITY's maintenance obligations shall include but not be limited to: a. Mow, cut and/or trim, and edge the amass 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. Fertilizing, insecticide, pesticide, herbicide and watering will be required to maintain the current landscape and turf in its current healthy condition. d. Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. e. Remove and properly dispose of litter from roadside and median strips. f. Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in all applicable DEPARTMENT guidelines, standards and procedures as may be amended from time to time. g. 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". h. Maintaining a service log of all maintenance operation that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. i. Submitting Lane Closure Request to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTENT'S right of way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy,as may be amended from time to time. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project K 253086-2-78-02 Page to of 13 Page 904 of 1025 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: CITY MAYOR ir 'DISTRICT SECRETAR / _- ATTEST: )1'1'/2.4/,‘, ATTEST: 1 ( \ (SEAL) C Y 1CLERK (SEAL) EXECUTIECRET Y F3 **‘•-•? -'\ LEGAL REVIEW: '4 "gai RP 10FIATE0), g r. I DISTRICT CHI F tklUNSEL Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project it 25301g6-2-78-02 Page 9 0113 Page 905 of 1025 „ _ _ FDOT Financial Project Number: 253086-2-78-02 County: Miami-Dade FOOT Project Manager: Keith Jimmerson, P.E. 305-640-7200 CITY Project Manager: Jimmy L. Morales/City Manager Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project#253086-2-78-02 Page 11 of 13 Page 906 of 1025 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. Stats Read Street Name From To SR. 112/ Julia Tuttle Causeway East side of Intercostal Alton Road 1-195 Waterway �ttil`il t ii T° C� Del o (AC) „C ci+ea Agreement a - Large Machine E104-4-Mowing -1) 22.739 18 409.302 7.05 $ 2,885.58 Small Machine Mowing (E104-4-3) 12.741 18 229.338 $ 34.99 $ 8 024„54 Litter Removal (E110-30) 41.251 12 495.012 $ 10.00 $ 4,950.12 Edging &Sweeping (E110-32-1) 8.348 18 150.264 $ 10.00 $ 1,502.64 Landscape Maintenance ( E580 3 2) 19.98 12 239.760 $ 1,012.00 $ 242,637.12 $ 260,000.00 TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $260,000.00 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Brach Financial Project#253086-2-78-02 Page 12 of 13 Page 907 of 1025 Exhibit "C" CITY's Resolution To be herein incorporated once approved by the City of Miami Beach Commission. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach Financial Project/I 253086-2-78-02 Page 13 of 13 Page 908 of 1025 , _