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2017-30030 Resolution RESOLUTION NO. 2017-30030 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 ONE YEAR RENEWAL TERM TO THE 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 ONE (1) ADDITIONAL RENEWAL OPTION REMAINING UNDER THE JPA. 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, on March 23, 2017, the City and FDOT entered into a new Joint Participation Agreement (JPA) for a one year period, with an option to renew for two (2) additional years; and WHEREAS, the price has not changed and the City seeks to enter into the first one year renewal option period; and WHEREAS, under the terms of the JPA, and the first of two possible renewal options, 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 City Manager and City Clerk to execute a one year extension to the 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 one (1) additional renewal option remaining under the JPA. PASSED and ADOPTED this li day of OCfa6?Y , 2017. MAYO" , �`` rl ATTEST: `, ' APPROVED AS TO '� (a 04011""v"4%14� FORM & LANGUAPE CITY CL `'r ., 0,ry & FOR EXECUTION - •'... 76// c=r -= \A Dote , f. 'City Attorney 71} ' ;H Resolutions - C7 D MIAMI B COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 18, 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 ONE YEAR RENEWAL TERM TO THE 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 ONE (1) ADDITIONAL RENEWAL OPTION REMAINING UNDER THE JPA. 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 ONE YEAR RENEWAL TERM TO THE 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 UP TO $260,000, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING ONE (1) ADDITIONAL RENEWAL OPTION REMAINING UNDER THE JPA. RECOMMENDATION Adopt the Resolutions. 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 the Julia Tuttle Causeway, specifically from the east end of the westernmost bridge to Alton Road. Both of these Memorandums of Agreement have been renewed annually since that time. On March 23, 2017, the City and FDOT entered into a new Joint Participation Agreement (JPA)for a one year period, with an option to renew for two (2) additional years for the landscape maintenance of both causeways. Page 207 of 1633 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. FDOT desires to renew the existing agreements and has provided the necessary forms for the City to execute. 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 $282,776.00 from the Florida Department of Transportation that is necessary to support these maintenance standards, the Administration recommends the approval of the attached resolutions, the MacArthur Causeway 2017/2018 Joint Participation Agreement and the Julia Tuttle Causeway 2017/2018 Joint Participation Agreement as attached. Legislative Tracking Public Works ATTACHMENTS: Description ❑ FDOT J PA MacArthur- Resolution o FDOT Contract Renewal- MacArthur ❑ FDOT JPA J uliaTuttle - Resolution ❑ FOOT Contract Renewal - Julia Page 208 of 1633 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-23 CONTRACT RENEWAL CONTRACTS ADMINISTRATION OGC-oaros Contract No.:AS548 Renewal: (1st,2nd, etc.) 1st Financial Project No(s).: 253087-3-78-01 County(ies): Miami-Dade This Agreement made and entered into this day of , by and between the State of (This date TO oe enterer]oy tial Only.) Florida Department of Transportation, hereinafter called"Department", and City of Miami Beach, 1700 Convention Center Miami Beach, Florida 33139 hereinafter called"Contractor". WITNESSETH: WHEREAS,the Department and the Contractor heretofore on this 23rd day of March, 2017 (This date to be entered by DOT only) entered into an Agreement whereby the Department retained the Contractor to perform maintenance of all turf and landscape area within the right-of-way, on the State Roads described in Exhibit A"of the original contract, ; and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW,THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other,the parties agree to a renewal of said original Agreement for a period beginning the 23rd day of March ' 2018 and ending the 22nd day of March , 2019 at a cost of$ 22,776.00 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 DEPARTMENT OF TRANSPORTATION tS BY: Contractor Name and Title District Secretary or Designee(Signature) BY: Title: Authorized Signature (SEAL) Legal: Name of Surety City State Fiscal: Approval as to Availability of Funds By: Florida Licensed Insurance Agent or Date Attorney-In-Fact(Signature) Countersigned: APPROVED AS TO Florida Licensed Insurance Agent Date FORM & LANGU, ' E & FOR EXEC TION City Attorn ‘-,)\ 4yate Page 210 of 1633 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-040-68 E-VERIFY PROCUREMENT 06/11 Contract No: AS548-R1 Financial Project No(s): 253087-3-78-01 Project Description: Maintenance of all turf and landscape areas within the Right of Way, on the State Roads described in Exhibit A" of the original contract. 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: Date: Page 211 of 1633 Florida Department of Transportation RICK SCOTT 1000 NW 111 Avenue RACHEL D.CONE GOVERNOR Miami, FL 33172-5800 INTERIM SECRETARY March 23,2017 Jimmy L. Morales, City Manager City of Miami Beach 1700 Convention Center Miami Beach, Florida 33139 Contract Number: AS548-R0 (MacArthur Causeway) Financial Project Number: 253087-3-78-01 Project Description: Turf and Landscape Maintenance- Department Funded Agreement County: Miami-Dade NOTICE TO PROCEED Dear Mr. Morales: The Department and the City of Miami Beach have executed a contract for the Department Funded Agreement (DFA) noted above for a period of one (1) year starting March 23rd, 2017 to March 22nd, 2018. The Maintenance Engineer 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 March 23rd, 2017 thru June 22"d, 2017 2nd Quarter June 23rd, 2017 thru September 22nd, 2017 3rd Quarter September 23rd, 2017 thru December 22"d, 2017 41h Quarter December 23rd, 2017 thru March 22rd, 2018 If you have any questions concernin. the agreement, please contact me at telephone number (305) 470-5354. Sincere) "`/I Brian 177 erson, P.E. Interim District Maintenance Engineer cc: R. Marrero, K. Al-Said, B. Jimmerson, H. Bechtold, E. Taylor, C. Wilson, N. Chinapoo, M. Husain, S. Perez, File www.dot.state.fl.us Page 212 of 1633 CONTRACT# AS548 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 -3' day of Nlor'c.h ,20i_7,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.) AIA/I-395 (MacArthur 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 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 (KS.); 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 if 253087-3-78-01 Page 1 of 15 Page 213 of 1633 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 I, 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 jimmerson@dot.state.fl.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#253087-3-78-01 Page 2 of 15 Page 214 of 1633 accepted in writing by the DEPARTMENT's 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(1)(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 ti 253087-3-78-01 Page 4 of 15 Page 215 of 1633 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. 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#253087-3-78-01 Page 8of15 Page 216 of 1633 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 DEPARTMEN'1'. 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 9of15 Page 217 of 1633 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF MIAMI BE CH: STATE OF FLORIDA, DEPARTMENT 1 OF TRANSPORTATION: -.011l1111111111. BY: __ _ `""'. BY: '.--- A.,3„,,,...`� CIT e, MIA :EACH MANAGER DISTRICT S RETARY 1( ATTEST,'-;< /1•�/..ITY . ATTEST: _kJ, (SEAL) /:�lc:AL: 'OVE.RNMENT CLERK (SEAL) EXECUT SECRET, RY i:.--'..-'%-!' ::::0": rt W :-,lis" �,1 :,. 4 W . `�' LEGAL REVIEW: 411149 LOCAL GOVERNM•' I ATTORNEY DISTRICT CHIEF COUNSEL APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION CD....L—Qx.L g .-t 'kl Cit'Attorney r ko 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 218 of 1633 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. Stfe)laad Strcl1ae krom A I A/1-395 MacArthur Causeway East side of West side of 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 219 of 1633 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,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: 253087-3-78-01 County: Miami-Dade FDOT Project Manager: Brian K Jimmerson, P.E. (305) 640-7200 or brianjimmerson@dastatejl.us LOCAL GOVERNMENT Project Manager: Jimmy L. Morales, City Manager, (305) 673-7010 or jimnmmorales@miambeachfl.us 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 220 of 1633 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: • 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#253087-3-78-01 Page 13 of 15 Page 221 of 1633 • • Exhibit "C' STATE OF FLORIDA DEPART M ENT OF TRANSPORTATION 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 IPA scope. Date Work Performed Location/SR Litter Pickup Mowing* Landscape/Tree Trimming Comments/Remarks: MUNICIPALITY CERTIFYING WORK WAS COMPLETED PER CONTRACT FDOT CONFIRMS WORK WAS COMPLETED PER CONTRACT Name(Print): Name(Print): Signature: Signature: Date: Date: •mowing work description also includes alltypes 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 222 of 1633 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 223 of 1633 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)fora 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,to be paid to the City by FOOT; said Agreement having a one (1) year term, with an option to renew for two (2) additional years. PASSED and ADOPTED this / day of 14761r'CA— , 2017. i;a, . , • '-.' /4-'10/ - .„ •, • ' :MAYOR as; ATT - . • / � f'^ '• `-ci "C r�/. Ili a v\ ,.M,'-...c . . .'tea - .. lid :5 q ( •� ----,1::,.),:,„,:,_,...4„. ..,....,....;,r,,,, ,' ' ,,.-i: .,:1 i s AFPROV D lam^TO C Y CLERK i'_f, ,:1-;.=----:.-;•;'•-;'5 `_.----1-;.'� • i FORM&LANGU`AG.E''' �; •�.- ;r 1 &FOR EXECUTION{r til,,,s..,-...?,-1;...., . ,s_. - . ..-- ,- • 'a_C-1. ' ' ; ,-a -`1 City Attorney RIND Date Page 224 of 1633 To:John.West@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL AS548 3/16/2017 CONTRACT INFORMATION ,Contract: AS548 'Contract-Type: : - AK-PROJ PARTICIPATION(PROJ PART) !Methodrf Procurement: • G-GOVERMENTAL AGENCY(287.057,F.S.) ;Vendor Name CITY OF MIAMI BEACH Vendor ID F596000372011 Beginning Date of Thls Agreement:, 03/24/2017 !Ending Data of This Agreement 03/23/2018 Cont6ct'Tota1/13q'dgetary.C'etling ct=$22,776.00 Descripticn - TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED AGREEMENT FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA, COMPTROLLER ON 3/16/2017 Action Original Organization Coda 55064020610 • Lxpagslon%Option:' Al Object Code 242059 Arrttaunt $22,776.00 Flrlancial Profect: 25308737801 Work Activity(FCT) 484 CEDA:Year:. 2017 Budget Entity; 55150200 Galegory/Category Year: 088712/17 Amienttment;ID , 0001 sequence: 00 User Assigned Enc Lirle.(6s)/Status: 0001/04 Total Amount: $22,776.00 Pagel of 1 Page 225 of 1633 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-23 CONTRACT RENEWAL CONTRACTS ADMINISTRATION OGC-04/06 Contract No.:AS549 Renewal: (1st, 2nd, etc.) 1st Financial Project No(s).: 253086-2-78-03 County(ies): Miami-Dade -- This Agreement made and entered into this day of , by and between the State of —(This date TO oe enteral oyvoT Only.) Florida Department of Transportation, hereinafter called"Department', and City of Miami Beach, 1700 Convention Center Miami Beach, Florida 33139 hereinafter called"Contractor". WITNESSETH: WHEREAS, the Department and the Contractor heretofore on this 23rd day of March,2017 (This date to be entered by DOT only) entered into an Agreement whereby the Department retained the Contractor to perform maintenance of all turf and landscape area within the right-of-way, on the State Roads described in Exhibit A"of the original contract. and WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and subject to the same terms and conditions of the original Agreement; NOW, THEREFORE,this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree to a renewal of said original Agreement for a period beginning the 23rd day of March ' 2018 and ending the 22nd day of March ,2019 ata cost of$ 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 DEPARTMENT OF TRANSPORTATION BY: Contractor Name and Title District Secretary or Designee(Signature) BY: Title: Authorized Signature (SEAL) Legal: Name of Surety City State Fiscal: By: Approval as to Availability of Funds Florida Licensed Insurance Agent or Date Attorney-In-Fact(Signature) Countersigned: APPROVED AS TO Florida Licensed Insurance Agent Date FORM & LANGUAGE & FOR EXEC ION 4111, City Attorney Dot Page 227 of 1633 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-040-68 E-VERIFY PROCUREMENT 06111 Contract No: AS549-R1 Financial Project No(s): 253086-2-78-03 Project Description: Maintenance of all turf and landscape areas within the Richt of Way, on the State Roads described in Exhibit A" of the original contract. 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: Date: Page 228 of 1633 Florida Department of Transportation RICK SCOTT 1000 NW 111 Avenue RACHEL D.CONE GOVERNOR Miami, FL 33172-5800 INTERIM SECRETARY March 23, 2017 Jimmy L. Morales, City Manager City of Miami Beach 1700 Convention Center Miami Beach, Florida 33139 jimmvmorales( miamibeachfl.gov Contract Number: AS549-R0 (Julia Tuttle Causeway) Financial Project Number: 253086-2-78-03 Project Description: Turf and Landscape Maintenance- Department Funded Agreement County: Miami-Dade NOTICE TO PROCEED Dear Mr. Morales: The Department and the City of Miami Beach have executed a contract for the Department Funded Agreement (DFA) noted above for a period of one (1) year starting March 23rd, 2017 to March 22"d, 2018. The Maintenance Engineer 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 March 23rd, 2017 thru June 22nd, 2017 2nd Quarter June 23rd, 2017 thru September 22nd, 2017 3rd Quarter September 23rd, 2017 thru December 22nd, 2017 4th Quarter December 23rd, 2017 thru March 22rd, 2018 If you have any questions concerni • the a•re-■ ent, please contact me at telephone number(305)470-5354. Sincer: ers•n, P.E. Interim District Maintenance Engineer cc: R. Marrero, K. Al-Said, B. Jimmerson, H. Bechtold, E. Taylor, C. Wilson, M. Husain, S. Perez, N. Chinapoo, File www.dot.state.fl.us Page 229 of 1633 CONTRACT# AS549 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 2346 day of Mar A ,20a,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 1 of 15 Page 230 of 1633 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 he 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.jimmersonWot.state.fl.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 231 of 1633 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 232 of 1633 accepted in writing by the DEPARTMENT's 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(1)(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 233 of 1633 (l) dollar 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 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 U 253086-2-78-03 Page 5 of 15 Page 234 of 1633 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 eligibi lily 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 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 235 of 1633 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 236 of 1633 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. 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 ii 253086-2-78-03 Page 8 of 15 Page 237 of 1633 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#253086-2-78-03 Page 9 of 15 Page 238 of 1633 IN WITNESS WHEREOF,the parties hereto have executed this Agreement, on the day and year above written. CITY OF M AMI BEAC STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION: it ``J -L:i/ ilk Clkj.a.. CITY OF tt!AMI EACH MANAGER --w' DISTRICT i CRETARY ,:,-_-_:,-_-_,- :„i..,i� 7 ATTEST:is = �i' i - lti' VI . ATTEST: \ - (SEAL) h AL G!' ERN I SIT CLERK (SEAL) E C ft, SECRETARY \i47:7%..., ,-`'4 i'=��_ LEGAL REVIEW: t• 7 /.,Of k LOCAL GOVE %ENT ATTORNEY DISTRICT CHIEF COUNSEL APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION a,Q.0,(-, i -G74-(1 City Attorney p4Ne Date 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 10 of 15 Page 239 of 1633 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. State:Road _ S;Yrt;et Name I From To 112/I-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 240 of 1633 maintain the current landscape and turf in a healthy and vigorous growing condition. 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,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 brianjininterson@dastate.fl.us LOCAL GOVERNMENT Project Manager:Jimmy L. Morales, City Manager, (305) 673-7010 or 1immymorales@miambeachfl.us 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 12 of 15 Page 241 of 1633 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 THE 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 a 253086-2-78-03 Page 13 of 15 Page 242 of 1633 Exhibit "C" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TURF AND LANDSCAPE JPA WORK CERTIFICATION DOCUMENT CONTRACT NO: Q1/Q2/03/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 JPA 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#253086-2-78-03 Page 14 of 15 Page 243 of 1633 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 244 of 1633 , RESOLUTION NO. 2017-29788 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(FOOT)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 UP TO $260,000,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- 21210, approving a Memorandum of Agreement with the Florida Department of Transportation (FDOT) to provide for maintenance of landscaping along Interstate-195 Julia Tuttle Causeway); specifically, from the east side of the Intracoastal Waterway,to the easternmost edge of Alton Road, (the Agreement); and WHEREAS, since July 13, 1994, the Agreement 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 hereto as Exhibit 1 to the Commission Memorandum accompanying this Resolution,the City will receive the sum of up to$260,000 a year from FDOT, payable quarterly in the amount of$65,000. 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 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 I- 195(Julia Tuttle Causeway),from the east of the Intracoastal Waterway,to the easternmost edge of Alton Road, at an annual cost of $260,000, to be paid to the City by FDOT; said agreement having a one-year term, with an option to renew for two (2) additional years. PASSED and ADOPTED this J day of BArch , 2017,,:". MA..flJ �a: e .3f•. ATTE �0, • 71j CITY CLERK f r=7 •-• - ,',77P ---' ~' 1,- FORM ROVEDASTOE &LANGUAGE ,e.,..--_;,...--.,6,- - -A• &FOR EXECUTION _ i"" te;, 1.P{-` „ - 10ket—' City Attorney 12.A( Date Page 245 of 1633 To:John.West@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL AS549 3/16/2017 CONTRACT INFORMATION Contract: AS549 Contract Typo: AK-PROJ PARTICIPATION(PROJ PART) Method of Procurement: G-GOVERMENTAL AGENCY(287.057,F.S.) :Vendor Name: CITY OF MIAMI BEACH ,Vendor 10F596000372011 .8aginning.Dateof'fhts Agreement: 03/24/2017 Ending Date of This Agreement `'_03/23/2018 Contract Total/Budgetary:Ceiling ct=$260,000.00 •,Descrtptiori TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED AGREEMENT FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA, COMPTROLLER ON 3/16/2017 Action: Original 0rganIzatlan Code: 55064020610 E*panslon'Option:> A1 Object Code: 242059 Amount: $260,000.00 FinanClal Project: 25308627803 Work Activity(FCT): 471 CFDA: Fiscal Year. 2017 Budget,Entity: 55150200 Cat egory/C alegory'Y ea r. 088712/17 Arnendmeht`ID: 0001 Sequence: 00 User Assigned ID: 'Enc Line(6s)/Status:` 0001/04 Total Amount: $260,000.00 Pagel of 1 Page 246 of 1633