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" , �``
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ATTEST:
`, ' APPROVED AS TO
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CITY CL `'r ., 0,ry & FOR EXECUTION
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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:
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BY: __ _ `""'. BY: '.--- A.,3„,,,...`�
CIT e, MIA :EACH MANAGER DISTRICT S RETARY
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(SEAL) /:�lc:AL: 'OVE.RNMENT CLERK (SEAL) EXECUT SECRET, RY
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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 - .
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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•
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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