Resolution 2021-31741 RESOLUTION NO. 2021-31741
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING A
STATE HIGHWAY LIGHTING, MAINTENANCE, AND
COMPENSATION AGREEMENT ("AGREEMENT")
BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE
CITY'S STREET LIGHT MAINTENANCE SERVICES FOR
FDOT OWNED LIGHTING SYSTEMS IN THE CITY OF MIAMI
BEACH, AS SET FORTH IN THE AGREEMENT, FOR THE
PERIOD FROM JULY 1, 2021 TO JUNE 30, 2022, IN THE
AMOUNT OF$217,82.00,TO BE PAID TO THE CITY IN THE
FISCAL YEAR IN WHICH THE AGREEMENT IS SIGNED,
FURTHER PROVIDING THAT ADDITIONAL YEARLY v.
PAYMENTS TO THE CITY FOR THE STREET LIGHT
MAINTENANCE SERVICES BE MADE VIA A WORK
ORDER, AND FURTHER, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT.
WHEREAS, the City, along with other entities such as the Florida Department of
Transportation("FDOT")and Florida Power and Light(FPL)own streetlights throughout the City;
and
WHEREAS,at its April 11,2007 meeting,the City Commission approved and authorized
the Mayor and City Clerk to execute a proposed State Highway Lighting, Maintenance, and
Compensation Agreement between the City of Miami Beach and FDOT for street light
maintenance services for FDOT owned lighting systems in the City, via Resolution No. 2007-
26517, for the period from July 1, 2007, to June 30, 2008, in the amount of$139,164; and
WHEREAS, the City, at the request of FDOT, has continued to maintain lighting at these
locations, with yearly reimbursements made to the City via a work order; and
WHEREAS, the City and FDOT have negotiated a new State Highway Lighting
Maintenance and Compensation Agreement ("Agreement") for an initial term commencing on
July 1, 2021, through June 30, 2022, a draft of the Agreement is attached as an exhibit to the
Memorandum accompanying this Resolution; and
WHEREAS, through this Agreement, the City will continue to assume all maintenance
obligations for the lighting systems, including additional lighting along the MacArthur Causeway,
and receive a compensation in the amount of$217,823, fiscal year in which the agreement is
signed, with additional yearly payments to be made via a work order, previously signed and
approved by FDOT; and
WHEREAS,the Administration recommends that the City continue its Maintenance and
Compensation Agreement with FDOT, for streetlight maintenance services for FDOT owned
lighting systems.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI .BEACH, FLORIDA that the Mayor and City
Commission hereby approve a State Highway Lighting, Maintenance, and Compensation
Agreement ("Agreement") between the City of Miami Beach and the Florida Department of
Transportation("FDOT")for the City's street light maintenance services for FDOT owned lighting
systems in the City of Miami Beach, as forth in the Agreement, for the period from July 1,
2021 to June 30, 2022, in the amount of$217,82.00 to be paid to the City in the fiscal year in
which the.Agreement is signed,further providing that additional yearly payments to the City for
the street:Iight maintenance services be made via a work order,and further, authorizing the City
Manager to execute the Agreement.
PASSED and ADOPTED THIS a3 day of JU'It , 2021
ATTEST: : . DAN GELBER, MAYOR
(, 2-7
•2 .
RAF A EL E. G-ANAD•, CI Y CLERK
Ir n
':I 1C0fiP.,ORATED' 5
�
J�
''ll' ) •
11C 2b�=
APPROVED AS TO
FORM& LANGUAGE
8 FOR EXECUTION
V(ir21
-16
City Ancmey Date
Resolutions -C7 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 23, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING A STATE HIGHWAY LIGHTING,
MAINTENANCE, AND COMPENSATION AGREEMENT ("AGREEMENT")
BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CITY'S
STREET LIGHT MAINTENANCE SERVICES FOR FDOT OWNED
LIGHTING SYSTEMS IN THE CITY OF MIAMI BEACH, AS SET FORTH IN
THE AGREEMENT, FOR THE PERIOD FROM JULY 1, 2021 TO JUNE 30,
2022, IN THE AMOUNT OF $217,822.77 TO BE PAID TO THE CITY IN THE
FISCAL YEAR IN WHICH THE AGREEMENT IS SIGNED, FURTHER
PROVIDING THAT ADDITIONAL YEARLY PAYMENTS TO THE CITY FOR
THE STREET LIGHT MAINTENANCE SERVICES BE MADE VIA A WORK
ORDER, AND FURTHER, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT.
RECOMMENDATION
The Administration recommends that the City continue its Maintenance and Compensation
Agreement with FDOT,for street light maintenance services for FDOT owned lighting systems.
BACKGROUND/HISTORY
The City, along with other entities such as the Florida Department of Transportation(FDOT)and
Florida Power and Light(FPL)own streetlights throughout the City.
At its April 11, 2007 meeting,the City Commission approved and authorized the Mayor and City
Clerk to execute a proposed State Highway Lighting, Maintenance, and Compensation
Agreement between the City of Miami Beach and The Florida Department of Transportation
(F DOT) for street light maintenance services for FDOT owned lighting systems in the City,via
Resolution No. 2007-26517,for the period from July 1, 2007, to June 30, 2008, in the amount
of$139,164.
The City, at the request of FDOT, has continued to maintain lighting at these locations,, with
yearly reimbursements made to the City via a work order.
ANALYSIS
Page 374 of 1884
The City and FDOT have negotiated a new State Highway Lighting Maintenance and
Compensation Agreement for an initial term commencing on July 1, 2021, through June 30,
2022.
Through this Agreement, the City will continue to assume all maintenance obligations for the
lighting systems, including additional lighting along the MacArthur Causeway, and receive a
compensation in the amount of $ $217,822.77, fiscal year in which the Agreement is signed,
with additional yearly payments to be made via a work order, previously signed and approved by
FDOT.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey show that 64% of residents rated street lighting as
excellent/good. In order to continue maintaining excellent standards in this area,the City intends
to approve a new State Highway Lighting Agreement with FDOT.
CONCLUSION
The Administration recommends that the City continue its Maintenance and Compensation
Agreement with F DOT, for street light maintenance services for FDOT owned lighting systems.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes, No No
Strategic Connection
Prosperity- Revitalize targeted areas and increase investment.
Legislative Tracking_
Public Works
ATTACHMENTS:
Description
❑ Letter,APF91 -State Highway Lighting Maintenance and Compensation Work Order FY 2020
2021
❑ APF91- City of Miami Beach- Executed Agreement, 2007
❑ 2007-26517 Reso
❑ Updated draft Maintenance Agreement
❑ Miami Beach Lighting Count
Page 375 of 1884
FDOT
Florida Department of Transportation
ROA DESANTIS 1000\k. 111 Avenue KEVIN J.THIBAl IX,P.E.
GOVERNOR Miami. FL 33172 SECRETARY'
Mr.Rudy De La Torre,
Infrastructure Division Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
rodolfodelatorre(a.miamibeachfl.gov
May 26,2020
Attn: Mr. Rudy De La Torre
Re: Contract: APF91
Financial No: 422932-1-78-01
State Highway Lighting,Maintenance and Compensation Agreement Work Order:
City of Miami Beach(Period from 07/01/2020 thru 06/30/2021)
Dear Mr. De La Torre:
As stated on page 2 of the State Highway Lighting, Maintenance, and Compensation Agreement between
City of Miami Beach (Maintaining Agency) and the Florida Department of Transportation (FDOT), the FDOT
will issue a Work Order confirming the amount and authorizing the performance of maintenance for each
new fiscal year(FY).
This Work Order hereby authorizes City of Miami Beach to perform maintenance on those lights on the
FDOT highway system for fiscal year 2020-2021. The amount of compensation for your maintenance of the
highway lighting on the FDOT highway system for Fiscal Year 2020-2021 will be$187,982.64.
The previous dollar amount is the result of the following:
696(#of luminaires)x 0.90 x$300.10 = $187,982.64
Current funding for FY 2021 of$187,982.64 shall be encumbered upon signature of this work order.
If you agree with this amount, please sign in the space provided and return this letter to the Department.
Sincerely,
►�/
I June 5, 2020
Renato Ma -ro, P.E. Date
FDOT District Maintenance Engineer
"e-e4,
Rudy De L orre Date//
Infrastructure Division Director
City of Miami Beach
Improve Safety, Erthuncr Mobility, !aspire Innovation
www.fdot.gov
Page 376 of 1884
FDDT
Florida Department of Transportation
RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT
GOVERNOR Miami,Florida 33172-5800 SECRETARY
May 26,2020
STATE HIGHWAY LIGHTING,MAINTENANCE AND COMPENSATION AGREEMENT
EXHIBIT "A"
State Roads within the Limits of the City of Miami Beach
SR#ATERIAL FROM TO NO.OF FIXTURES
907 Alton Rd 5 St Dade Blvd 50
907 Alton Rd 18 St Michigan Ave 7
907 Alton Rd Michigan Ave Chase Ave 32
907 Alton Rd N Bay Dr 63 St 78 •
907 63 St Alton Rd Pine Tree Dr 9
AlA 5 St Alton Rd Collins Ave 19
AlA Collins Ave 5 St 400'N/O 15 St 36
AlA Collins Ave 400'N/O 15 St 6000 Blk 233
AlA Collins Ave 72 St 87 Ter 24
AlA Indian Creek 71 St 5800 Blk 50
AlA Indian Creek 44 St 26 St 41
AlA Abbott Ave 72 St Indian Creek 9
AIA Harding 87 Ter 72 St 38
112 41 St Alton Rd Collins Ave 31
934 71 St Biarritz Dr Rue Notre Dame 19
934 Normandy Dr Bay Dr E Biarritz Dr 20
Total Light Fixtures 696
(FY 2020-2021)
Improve Safety, Enhance Mobility, Inspire Innovation
www.fdot. ov
Page 377 01884
To:Grace.Rodriguez@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
APF91
6/4/2020
CONTRACT INFORMATION
APF91
rr AK-PROJ PARTICIPATION(PROJ PART)
G-GOVERMENTAL AGENCY(287.057,F.S.)
CITY OF MIAMI BEACH
F596000372011
: Ds 03/04/2009
4 t
f � �
06/30/2025
STATE HIGHWAY LIGHTING,MAINTENANCE AND COMPENSATION AGREEMENT
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 6/4/2020
Task Work Order
`'REVIEWED
r. 0 � 55064020610
} Al
242059
{ $187,982.64
• ;`42293217801
787
_2021
:. 7L, 55150200
— _ - 088712/21
W008
00
k FY2021
1, ._ _ /04
Total Amount: $187,982.64
*Reviewed Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation.
Pagel of 1
Page 378 of 1884
•
• STATE OP FLORIDA DEPARTMENT OF TRANSPORTATION Form No T104164a.
STATE HiGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION
•
,ams
AGREEMENT
THIS AGREEMENT,entered into this i t day of .3-Unt ,year ofX&,by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT",and
THE CITY OF MIAMI BEACH,hereinafter referred to as the"MAINTAINING AGENCY";
•
WITNESSETH:
WHEREAS,the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
maintenance and operation of lighting on the State Highway System, and the FOOT is authorized under Sections
• 334.044, Florida Statutes and 335.055, Florida Statutes to enter into this Agreement;and
WHEREAS,the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute
this Agreement~
NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,the FDOT
and the MAINTAINING AGENCY hereby agree as follows:
•
9. Maintenance of Facilities
•
a. The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State
Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter
referred to as the°Facilities,'throughout Its expected useful life. For the purposes of this Agreement,
the term Facilities shall be deemed to Include,but not necessarily be limited to,lighting for roadways,
as well as park and ride,pedestrian overpasses,and recreational areas owned by or located on the
property of the FDOT,but shall exclude those systems listed in Exhibit W attached hereto and by this
reference made a part hereof,and shall exclude lighting located in weigh stations,rest areas,or on
Interstate highways.
b. In maintaining the Facilities,the MAINTAINING AGENCY shall perform all activities necessary to keep
the Facilities fully operating,property functioning,with a minimum of 90%of the lights burning for any
•
lighting type(ex.high mast.standard,underdeck,sign)or roadway system at all times for their normal
expected useful life in accordance with the original design thereof,whether necessitated by normal
wear and tear,accidental or Intentional damage,or acts of nature. Said maintenance shall Include,
but shall not be timed to, providing electrical power and paying all charges associated therewith,
routine inspection and testing,preventative maintenance,emergency maintenance,replacement of
any component parts of the Facilities (including the poles and any and all other component parts
Installed as part of the Facilities),and locating(both vertically and horizontally)the Fealties,as may
be necessary.
c. All maintenance shalt be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices;and,
(2) All other applicable local,state, or federal laws, rules,resolutions, or ordinances,and FOOT
procedures.
d. For lighting installed as part of an FDOT project,the MAINTAINING AGENCY's obligation to maintain
shall commence upon the MAINTAINING AGENCY'S receipt of notification from the FOOT that the
FOOT has finally accepted the project,except for the obligation to provide for electrical power,which
obligation to provide for electrical power shall commence at such time as the lighting system is ready
to be energized;provided,however,that the MAINTAINING AGENCY shall not be required to perform
any activities which are the responsibilities of FDOrs contractor.
Prior to any acceptance by the FOOT, the MAINTAINING AGENCY shalt have the opportunity to
inspect and request modifications/corrections to the installation(s)and the FOOT agrees to undertake
ww+ora
Page 379 of 1884
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forte No 710-01040.
STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION
10104
AGREEMENT
those prior to acceptance so tong as the modificatlons/corrections comply with the contract and
specifications previously approved by both the FDOT and the MAINTAINING AGENCY
e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the
voluntary negotiation of the amount to be paid as set forth In subparagraph 2b hereof.
2. Compensation and Payment
a. The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of$130.064 for the fiscal year
In which this Agreement is signed(fiscal year as referenced in this Agreement shall be FDOTs fiscal
year).
b. For each future fiscal year,the FDOT and the MAINTAINING AGENCY shall agree on the amount to
be paid prior to the fiscal year beginning. The FDOT will issue a work order confirming the amount
and authorizing the performance of maintenance for each new fiscal year. The Work Order shall be
an FDOT signed letter of authorization to the MAINTAINING AGENCY with a subject line containing
the terms"State Highway Lighting,Maintenance,And Compensation Agreement Work Order." The
Work Order shall reflect the contract number,financial project number,FEID No.of the MAINTAINING
AGENCY,the fiscal year,and the lump sum amount to be paid for the fiscal year indicated. The Work
Order shall be signed by the MAINTAINING AGENCY and returned to FOOT. No payment will be
made on Work Orders which are not properly signed and returned to FDOT prior to performing
services.
c. Invoices may be submitted anytime after May 19t of the fiscal year in which the services were
provided,but no later than 180 days after the end of said fiscal year. Payment shall be made In one
lump sum as provided in paragraph 4 hereof.
d. Payment shall be made in accordance with Section 215.422, Florida Statutes.
• e. Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable
to the FOOT and in detail sufficient for a proper pre-audit and post-audit thereof.
S. Record Keeping
The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The
records shall be kept in a format approved by the FDOT.
Records shall be maintained and made available upon request to the FDOT at all times during the period of
this Agreement and for three(3)years after final payment for the work pursuant to this Agreement is made.
Copies of these documents and records shall be furnished to the FOOT upon request
4. Invoicing
Upon receipt,the FOOT has five(5)working days to inspect and approve the goods and services.The FOOT
has twenty(20)days to deliver a request for payment(voucher)to the Department of Financial Services.The
twenty(20)days are measured from the latter of the date the invoice is received or the goods or services are
received,inspected,and approved.
If a payment is not available within forty (40) days a separate interest penalty at a rate as established
pursuant to Sedlon 215.422,Florida Statutes,shall be due and payable,in addition to the invoice amount,to
the MAINTAINING AGENCY.Interest penalties of less than one(1)dollar shall not be enforced unless the
MAINTAINING AGENCY requests payment Invoices returned to a MAINTAINING AGENCY because of
MAINTAINING AGENCY preparation errors shall result in a delay in the payment The Invoice payment
requirements do not start until a properly completed invoice is provided to the FOOT.
Pew:or 6
Page 380 of 1884 •
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 71041042
STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION `
AGREEMENT
A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this
individual include acting as an advocate for contractorsfvendors who may be experiencing problems in
obtaining timely payment(s)from a state agency.The Vendor Ombudsman may be contacted at(850)410-
9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a
period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby
incorporated:
The FDOT,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which,
by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year.Any contract,verbal or written,made in violation of this subsection shall
be null and void,and no money may be paid on such contract.The FDOT shall require a statement from the
Comptroller of the FDOT that funds are available prior to entering into any such contract or other binding
commitment of funds.Nothing herein contained shall prevent the making of contracts for periods exceeding
one(1)year,but any contract so made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all
contracts of the FOOT which are for an amount in excess of$25.000 and which have a term for a period of
more than one(1)year.
The FOOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY.
5. Default
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement,then in addition to
any other remedies which are otherwise provided for in this Agreement,the FOOT may exercise one or more
of the following options, provided that at no time shah the FOOT be entitled to receive double recovery of
damages:
a. Pursue a claim for damages suffered by the FDOT or the public.
b. Pursue any other remedies legally available.
c. As to any work not performed by the MAINTAINING AGENCY,perform such work with its own forces
or through contractors and seek reimbursement for the cost thereof from the MAINTAINING
•
•
AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen(14)days
after written notice from the FOOT of the non-performance;provided,however,that advance notice
and cure shall not be preconditions in the event of an emergency.
•
6. Force Majeure
Neither the MAINTAINING AGENCY nor the FOOT shalt be liable to the other for any failure to perform
under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural
catastrophe,or other event beyond the control of the non-performing party and which could not have been
avoided or overcome by the exercise of dire diligence; provided that the party claiming the excuse from
performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b)
promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed
performance as soon as possible.
7. Miscellaneous
a. The FOOT shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationality Act If the contractor knowingly employs
unauthorized aliens,such violation shell be cause for unilateral cancellation of this Agreement
Pow 3 ors
Page 381 of 1884 •
•
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No 710-01040. •
•
STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION ;aw
AGREEMENT
b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
MAINTAINING AGENCY in conjunction with this Agreement Failure by the MAINTAINING AGENCY
to grant such public access shall be grounds for Immediate unilateral cancellation of this Agreement
by the FDOT.
c. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto.
d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
provisions hereof.
• e. Time is of the essence in the performance of all obligations under this Agreement
•
f. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission,hand delivery,or express mail and shall be deemed to have been received by
the end of five(5)business days from the proper sending thereof unless proof of prior actual receipt
is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of
the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless
otherwise notified in writing,notices shall be sent to the following addresses:
MAINTAINING AGENCY:
City of Miami Beach
1700 Convention Center Drive .
Miami Beach, Florida 33139
Fred Beckmann, Director Public Works
FDOT:
Florida Department of Transportation
1000 NW 11101 Avenue, Miami, Florida 33172
Ronald S. Steiner, P.E., District Maintenance Engineer
•
g. PUBLIC ENTITY CRIME INFORMATION STATEMENT;A person or affiliate who has been placed
on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity,may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,Florida
Statutes,for CATEGORY TWO for a period of thirty six(36)months from the date of being placed on
the convicted vendor list.
h_ An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity,may not submit a bid on a contract with a
public entity for the construction or repair of a pubic building or public work,may not submit bids on
leases of real property to a public entity. may not be awarded or perform work as a contractor,
supplier, subcontractor,or consultant under a contract with any public entity,and may not transact
business with any public entity.
Nothing herein shall be construed as a waiver of either party's sovereign immunity.
P .4d$
Page 382 of 1884
STATE OF FLOMOA DEPARTMENT OF TRANSPORTATION Fara No 710.010-30.
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UblMas
1
AGREEMENT
8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by
the MAINTAINING AGENCY in the form of additions, deletions or substitutions are reflected only in an
Appendix entitled"Changes To Form Document"and no change is made in the text of the document itself.
Hand notations on affected portions of this document may refer to changes reflected in the above-named
Appendix but are for reference purposes only and do not change the terms of the document By signing this
document,the MAINTAINING AGENCY hereby represents that no change has been made to the text of this
document except through the terms of the Appendix entitled"Changes to Form Document_"
You MUST signify by selecting or checking which of the following applies:
[] No changes have been made to this Forms Document and no Appendix entitled"Changes to Form
Document"is attached.
[il No changes have been made to this Form Document but changes are included on the attached
Appendix entitled"Changes to Forms Document"
IN WITNESS E F,the parties hereto have executed this Agreement effective the day and year first
written.
MAINTAINING A - C i
�a
BY: (SiAnatu DATE: 4/11/07
(Type Name. ) David Dermer
(Typed Title: ) Mayor
STATE OF FLORIDA DEP TM OF TRANSPORTATION
BY: (Sk:nature)
DATE:
(Typed Name: )
(TYped Title: ) ` tR t":40t1/ PAF- k%.QN
FDOT Legal Review
BY: f Sisinature} Q-�.� � -� n.�� R"�nl}O. ESQ. DATE: C- G- b Z
• District Counsel
(Typed Name:
APPROVED AS TO
FORM&LANGUAGE
& FOR CUTION
Ji4oi
Pap 5 of r •- y Tr.may ;\ Date
Page 383 of 1884
APPENDIX A
STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION
AGREEMENT
The following changes are incorporated by the City of Miami Beach
Page 1 — Paragraph 2 Line 2 - Insert"within the jurisdictional boundaries of the
maintaining Agency," after the word System.
Page 1 Item 1 a. line 5 -delete the words "as well as park and ride, pedestrian
overpasses, and recreational areas".
Page 1 Item 1 a. line 6- inset the word "as"following FDOT and delete the words"
but shall exclude those systems".
Page 1 Item 1 a. lines 7 and 8—delete the words" and shall exclude lighting located
in weigh stations, rest areas, or on Interstate Highways."
Page 384 of 1884
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY LIGHTING,MAINTENANCE,AND COMPENSATION AGREEMENT
ATTACHMENT"A"
State Roads within the limits of the City of Miami Beach:
State Road Limits No. of Fixtures
Abbot Avenue 72nd Street to Indian Creek Drive 9
Alton Road 5th Street to 63'1 Street 191
Collins Avenue 5th Street to 6l Street 269
Collins Avenue 72°d Street to 87th Terrace 24
5th Street Alton Road to Ocean Drive 19
41"Street Alton Road to Collins Avenue 31
63k'Street Alton Road to Collins Avenue 9
71"Street West of North Bay Causeway 19
to Rue Notre Dame
Harding Avenue 72nd Street to 87th Terrace 38
Indian Creek Drive 26th Street to 44th Street 41
Indian Creek Drive 59th Street to 71"Street 50
Normandy Drive Rue Notre Dame to West of North Bay Cswy. 20
Mac Arthur Cswy. Alton Road to West City Limits 84
TOTAL LIGHT FIXTURES: 804
Page 385 of 1884
RESOLUTION NO. 2007-26517
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PROPOSED STATE HIGHWAY LIGHTING, MAINTENANCE, AND
COMPENSATION AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION(FDOT)FOR STREET LIGHT MAINTENANCE
SERVICES FOR FDOT OWNED LIGHTING SYSTEMS IN THE CITY
OF MIAMI BEACH, FOR THE PERIOD FROM JULY 1, 2007, TO
JUNE 30, 2008, IN THE AMOUNT OF $139,164.
WHEREAS, during the City's contract negotiations for its WiFi project, it was
determined that there were insufficient mounting assets throughout the City to deploy a
Citywide WiFi system; and
WHEREAS, while the City owns many street lights, the majority of the City-owned
lights in the Middle Beach area are of pedestrian height, decorative type, and are not
suitable for mounting wireless radio equipment requiring electrical service; and
WHEREAS, most of the other street lights throughout the City are owned by entities
such as the Florida Department of Transportation and Florida Power and Light; and
WHEREAS, utilizing FDOT street light poles(mounting assets)will be less costly to
the City than acquiring and installing new poles; and
WHEREAS, the Administration recommends that the City take over the
maintenance of FDOT-owned lighting systems within the City of Miami Beach to provide
sufficient mounting assets for the deployment of the City's WiFi system; and
WHEREAS, control of the lighting systems will also allow the City to provide more
rapid response to citizen reports of street light malfunctions; and
WHEREAS,currently these lighting systems are maintained by Miami-Dade County
under an agreement with FDOT; and
WHEREAS,-the most cost effective and timely solution for the City is to work with
FDOT to take over the maintenance of its lighting systems within the City; and
WHEREAS, the City and FDOT have negotiated a State Highway Lighting
Maintenance and Compensation Agreement,for an initial term of commencing on April 12,
2007, through June 20,2007, whereby the City would assume all maintenance obligations
for the lighting systems; and
•
Page 386 of 1884
WHEREAS, Miami-Dade County,through its Public Works Department,has agreed
to compensate the City the full amount for this period (April 12, 2007, to June 30, 2007),
previously paid to the County by FDOT for the maintenance of the lighting systems that will
be transferred to the City; and
WHEREAS,thereafter,the period commencing on July 1,2007,and ending on June
30, 2008, the City will execute a new State Highway Lighting, Maintenance and
Compensation Agreement with FDOT, in the amount to$139,064(based on an estimated
800 FDOT poles in the City); and
WHEREAS, it is anticipated that the aforestated Agreement would be negotiated
and reviewed annually, commencing with each FDOT fiscal year(July 1st--June 30th).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a State
Highway Lighting, Maintenance and Compensation Agreement between the City and
FOOT,for the period from July 1,2007,through June 30,2008, in the amount of$139,064,
to be paid by FDOT to the City, for maintenance of FDOT-owned lighting systems in the
City.
PASSED and ADOPTED THIS 11 day of April , 2007.
ATTEST:
if& arc
CITY CLERK , r • YOR
T:AGENDA\20071apr17071Consent\FDOTAgreement July 2007 thru June 2008 Resolution.doc
APPROVED AS TO
FORENGUAGE
CUTION
f rv/ 46544.
;!1
Page 387 of 1884
RESOLUTION NO. 2007-26517
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PROPOSED STATE HIGHWAY LIGHTING, MAINTENANCE, AND
COMPENSATION AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION(FDOT) FOR STREET LIGHT MAINTENANCE
SERVICES FOR FDOT OWNED LIGHTING SYSTEMS IN THE CITY
OF MIAMI BEACH, FOR THE PERIOD FROM JULY 1, 2007, TO
JUNE 30, 2008, IN THE AMOUNT OF $139,164.
WHEREAS, during the City's contract negotiations for its WiFi project, it was
determined that there were insufficient mounting assets throughout the City to deploy a
Citywide WiFi system; and
WHEREAS,while the City owns many street lights, the majority of the City-owned
lights in the Middle Beach area are of pedestrian height, decorative type, and are not
suitable for mounting wireless radio equipment requiring electrical service; and
WHEREAS, most of the other street lights throughout the City are owned by entities
such as the Florida Department of Transportation and Florida Power and Light; and
WHEREAS, utilizing FDOT street light poles(mounting assets)will be less costly to
the City than acquiring and installing new poles; and
WHEREAS, the Administration recommends that the City take over the
maintenance of FDOT-owned lighting systems within the City of Miami Beach to provide
sufficient mounting assets for the deployment of the City's WiFi system; and
WHEREAS, control of the lighting systems will also allow the City to provide more
rapid response to citizen reports of street light malfunctions; and
WHEREAS,currently these lighting systems are maintained by Miami-Dade County
under an agreement with FDOT; and
WHEREAS, the most cost effective and timely solution for the City is to work with
FDOT to take over the maintenance of its lighting systems within the City; and
WHEREAS, the City and FDOT have negotiated a State Highway Lighting
Maintenance and Compensation Agreement,for an initial term of commencing on April 12,
2007, through June 20, 2007, whereby the City would assume all maintenance obligations
for the lighting systems; and
Page 388 of 1884
WHEREAS, Miami-Dade County, through its Public Works Department, has agreed
to compensate the City the full amount for this period (April 12, 2007, to June 30, 2007),
previously paid to the County by FDOT for the maintenance of the lighting systems that will
be transferred to the City; and
WHEREAS,thereafter,the period commencing on July 1,2007,and ending on June
30, 2008, the City will execute a new State Highway Lighting, Maintenance and
Compensation Agreement with FDOT, in the amount to$139,064(based on an estimated
800 FDOT poles in the City); and
WHEREAS, it is anticipated that the aforestated Agreement would be negotiated
and reviewed annually, commencing with each FDOT fiscal year(July l st— June 30th).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a State
Highway Lighting, Maintenance and Compensation Agreement between the City and
FDOT,for the period from July 1, 2007,through June 30, 2008, in the amount of$139,064,
to be paid by FDOT to the City, for maintenance of FDOT-owned lighting systems in the
City.
PASSED and ADOPTED THIS i i day of April , 2007.
ATTEST:
0)\i fait a,U,
,7
CITY CLERK , AYOR
T:IAGENDA120071apr11071Consent\FDOTAgreement July 2007 thru June 2008 Resolution.doc
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
� - 434-14-6
Page 389 of 1884
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-52
STATE HIGHWAY LIGHTING, MAINTENANCE, AND MAIOGC NTENANCE
-03/20
COMPENSATION AGREEMENT Page 1 of 8
CONTRACT NO.
FINANCIAL PROJECT NO. 447851-1-78-01
F.E.I.D. NO.
THIS AGREEMENT,entered into this day of ,year of ,by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT", and , hereinafter referred to as the
"MAINTAINING AGENCY";
WITNESSETH:
WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this
Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
maintenance and operation of lighting on the State Highway System;and
WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this
Agreement;
WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as"Facilities",
are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY.A list of the
Facilities is included as Exhibit A, attached hereto and incorporated herein.
WHEREAS,the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein.
NOW,THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the
MAINTAINING AGENCY hereby agree as follows:
1. Maintenance of Facilities
a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include
lighting for roadways,as well as park and ride, pedestrian overpasses,and recreational areas owned by or
located on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest
areas, or on Interstate highways.
The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A.Any
changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING
AGENCY.Any Facilities added to Exhibit A during the FDOT's fiscal year shall be maintained and operated
by the MAINTAINING AGENCY upon the FDOT's final acceptance of installation of any new lighting and/or
lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall
amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting
type maintained pursuant to this Agreement.
The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this
Agreement in the FDOT's fiscal year occurring after the lighting and/or lighting systems are installed and
final acceptance of such installation is given by FDOT. In the event that no change is made to the previous
year's Exhibit A,a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that
no change has been made to Exhibit A during FDOT's previous fiscal year. Unless stated otherwise, all
references to fiscal years within this agreement refer to FDOT's fiscal year, beginning July 1st and ending
June 30th.
b. In maintaining the Facilities,the MAINTAINING AGENCY shall perform all activities necessary to keep the
Facilities fully operating, properly functioning, with a minimum of 90%of the lights burning for any lighting
type(e.g.,high mast,standard,underdeck,and sign)or roadway system at all times in accordance with the
original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage,
or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and
paying all charges associated therewith, routine inspection and testing, preventative maintenance,
emergency maintenance, replacement of any component parts of the Facilities(including the poles and any
and all other component parts installed as part of the Facilities), and locating (both vertically and
horizontally)the Facilities. All repairs or replacement will be in kind unless a variance is approved in writing
by FDOT.
Page 390 of 1884
375-020-52
MAINTENANCE
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Page 2 of 8
c. All maintenance must be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices; and
(2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT
procedures.
d. For lighting installed as part of a FDOT project, the MAINTAINING AGENCY's obligation to maintain the
Facility commences upon the MAINTAINING AGENCY's receipt of notification from FDOT that FDOT has
formally accepted the project, except for the obligation to provide for electrical power, which obligation to
provide for electrical power commences at such time as the lighting system is ready to be energized;
provided, however,that the MAINTAINING AGENCY is not required to perform any activities which are the
responsibilities of FDOT's contractor.
Prior to acceptance by FDOT, the MAINTAINING AGENCY shall have the opportunity to inspect and
request modifications/corrections to the installation(s). FDOT agrees to make modifications/corrections
prior to acceptance so long as the modifications/corrections comply with the installation contract documents
and specifications.
e. The term for this Agreement is seven (7) years. Either party may terminate this Agreement by a notice of
termination. The notice of termination must be in writing. Should the MAINTAINING AGENCY choose to
terminate the Agreement, the MAINTAINING AGENCY shall provide a minimum notice period of two (2)
fiscal years prior to the effective date of termination and the notice shall be endorsed by the elected body
(County Commission,City Council,or local agency governing body)under which the Agency operates.The
effective date of the termination will coincide with the end of the FDOT's fiscal year of June 30th following
the two-year notice.
The termination of this Agreement will not terminate maintenance responsibilities for lighting owned by the
MAINTAINING AGENCY. Maintenance obligations for lights owned by the MAINTAINING AGENCY will
remain the responsibility of the MAINTAINING AGENCY. Nor does termination of this Agreement operate
to relieve the MAINTAINING AGENCY of any maintenance obligations contained in other agreements.
Maintenance of lights governed by a separate maintenance agreement will continue per the terms of that
separate maintenance agreement.
2. Compensation and Payment
FDOT shall pay to the MAINTAINING AGENCY a sum of$217822.77 for the
fiscal year in which this Agreement is signed. Payments will be calculated and made in accordance with Exhibit A.
Prior to the beginning of each fiscal year, the MAINTAINING AGENCY shall submit an amended Exhibit A or a
certification of no change to Exhibit A and FDOT and the MAINTAINING AGENCY shall agree on the amount and
percentage of lighting to be paid for the coming fiscal year. FDOT will issue a work order confirming the amount
and authorizing the performance of maintenance for each new fiscal year. The work order must be an FDOT-signed
letter of authorization to the MAINTAINING AGENCY with a subject line containing the terms "State Highway
Lighting, Maintenance, and Compensation Agreement work order". The work order must reflect the contract
number, financial project number, FEID No. of the MAINTAINING AGENCY, the fiscal year, the percentage of
lighting funded and the lump sum amount to be paid for the fiscal year indicated. The work order must be signed
by the MAINTAINING AGENCY and returned to FDOT. Failure by the MAINTAINING AGENCY to take any of the
actions required by this paragraph may result in nonpayment by FDOT.
FDOT expressly assigns its rights, interests and privileges pertaining to damage to Facilities caused by third parties
to the MAINTAINING AGENCY, so they may pursue all claims and causes of actions against the third
parties responsible for the damage. FDOT will assist the MAINTAINING AGENCY and will confirm the
MAINTAINING AGENCY's authorization to pursue recovery. The MAINTAINING AGENCY will be responsible for
all attorneys'fees and litigation costs incurred in its recovery activities.
Page 391 of 1884
375-020-52
MAINTENANCE
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Page 3 of 8
3. Record Keeping
The MAINTAINING AGENCY shall keep records of all activities and report all maintenance performed and
replacement components and parts installed pursuant to this Agreement. The records shall be kept in an electronic
format approved by FDOT.
Records shall be maintained and made available upon request to FDOT during the period of this Agreement and
for three(3)years after final payment for the work pursuant to this Agreement is made. Copies of these documents
and records will be furnished to FDOT upon request.
4. Invoicing
The MAINTAINING AGENCY shall invoice FDOT annually in a format acceptable to the FDOT. Invoices must be
submitted no earlier than May 1 and no later than June 15 of the fiscal year in which the services were provided in
order to be processed for payment by June 30.
Upon receipt, FDOT has five (5)working days to inspect and approve the goods and services. FDOT has twenty
(20)days to deliver a request for payment(voucher)to the Department of Financial Services. The twenty(20)days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected,
and approved.
If a payment is not available within forty(40)days, a separate interest penalty at a rate as established pursuant to
Section 215.422, Florida Statutes,will be due and payable, in addition to the invoice amount,to the MAINTAINING
AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the MAINTAINING AGENCY
requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY
preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to FDOT.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining
timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)410-9724 or by calling
the Chief Financial Officer's Hotline, 1-800-848-3792.
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period
of more than one(1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during
such fiscal year. Any contract,verbal or written, made in violation of this subsection shall be null and void, and no
money may be paid on such contract. FDOT shall require a statement from the Comptroller of FDOT that funds
are available prior to entering into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of FDOT which are for an amount in excess of$25,000
and which have a term for a period of more than 1 year.
5. Default
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in this Agreement, FDOT may exercise one or more of the following
options, provided that at no time may FDOT be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by FDOT or the public.
b. Pursue any other remedies legally available.
c. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or
through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the
MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice
from FDOT of the non-performance; provided, however, that advance notice and cure will not be
preconditions in the event of an emergency.
Page 392 of 1884
375-020-52
MAINTENANCE
0GC—03/20
Page 4 of 8
6. Force Majeure
Neither the MAINTAINING AGENCY nor FDOT will be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other
event beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the partyclaiming the excuse from performance has (a) promptly notified
the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
7. Miscellaneous
a. FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens,
such violation will be cause for unilateral cancellation of this Agreement.
b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING
AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public
access will be grounds for immediate unilateral cancellation of this Agreement by FDOT.
c. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto.
Without limiting the generality of the foregoing, this Agreement shall replace and supersede all prior
agreements between FDOT and the MAINTAINING AGENCY with respect to maintenance of the lighting
and/or lighting systems for the Facilities identified in Exhibit A.
d. This Agreement is governed by the laws of the State of Florida. Any provision hereof found to be unlawful
or unenforceable are severable and will not affect the validity of the remaining provisions hereof.
e. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile
transmission, hand delivery, electronic mail,or express mail and will be deemed to have been received by
the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is
provided. The MAINTAINING AGENCY must notify the local District of FDOT of the appropriate persons
for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices must be sent
to the following addresses:
MAINTAINING AGENCY:
Rodolfo de la Torre
Director- Infrastructure Division- Public Works Department
• 451 Dade Boulevard
Miami Beach, FL 33139
FDOT:
Renato Marrero, PE
Florida Department of Transportation
1000 NW 111th Avenue
Miami, FL 33172
f. PUBLIC ENTITY CRIME INFORMATION STATEMENT:A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work,may not submit bids on leases of real property
to a public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of
thirty six(36)months from the date of being placed on the convicted vendor list.
g. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity.
Page 393 of 1884
375-020-52
MAINTENANCE
OGC—03(20
Page 5 of 8
h. By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized
Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott
of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473,
Florida Statutes. For contracts involving$1,000,000 or more, if the Department determines the Maintaining
Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts
involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that
Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract
after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department's
determination of false certification was in error pursuant to Section 287.135(5)(a)of the Florida Statutes,or
maintain the Contract if the conditions of Section 287.135(4)of the Florida Statutes are met.
Nothing herein shall be construed as a waiver of either party's sovereign immunity.
j. MAINTAINING AGENCY:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the MAINTAINING AGENCY during the term of the
contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the
state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the contract
term.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Agreement term and following completion of the Agreement if the Maintaining Agency does not
transfer the records to FDOT
4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession
of the Consultant or keep and maintain public records required by FDOT to perform the service. If
the Consultant transfers all public records to FDOT upon completion of the Agreement, the
Consultant shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and maintains public records
upon completion of the Agreement, the Consultant shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to FDOT, upon request
from FDOT's custodian of public records, in a format that is compatible with the information
technology systems of FDOT
5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes,shall be grounds
for immediate unilateral cancellation of this Agreement by FDOT
Page 394 of 1884
375-020-52
MAINTENANCE
OGC—03!20
Page 6 of 8
IF THE MAINTAINING AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE MAINTAINING AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
District 1 District 6
863-519-2623 305-470-5453
Dl prcustodiandot.state.fl.us D6prcustodian(a,dot.state.fl.us
Florida Department of Transportation Florida Department of Transportation
District 1 —Office of General Counsel District 6—Office of General Counsel
801 N. Broadway 1000 NW 111 Avenue
Bartow, FL 33830 Miami, FL 33172-5800
District 2 District 7
386-758-3727 813-975-6491
D2prcustodian(l1 dot.state.fl.us D7prcustodianAdot.state.fl.us
Florida Department of Transportation Florida Department of Transportation
District 2 - Office of General Counsel District 7 - Office of General Counsel
1109 South Marion Avenue,MS 2009 11201 N. McKinley Drive, MS 7-120
Lake City, FL 32025 Tampa, FL 33612
District 3 Florida's Turnpike Enterprise
850-330-1391 407-264-3170
D3prcustodian(i dot.state.fl.us TPprcustodianAdot.state.fl.us
Florida Department of Transportation Turnpike Enterprise Chief Counsel
District 3 - Office of General Counsel Florida Turnpike—Office of General
1074 Highway 90 East Counsel
Chipley, FL 32428 Turnpike Mile Post 263, Bldg. 5315
Ocoee, FL 34761
District 4
954-777-4529 Central Office
D4prcustodian(a,dot.state.fl.us 850-414-5355
Florida Department of Transportation COprcustodian(a,dot.state.fl.us
District 4— Office of General Counsel Office of the General Counsel
3400 West Commercial Blvd. Florida Department of Transportation
Fort Lauderdale, FL 33309 605 Suwannee Street, MS 58
Tallahassee, Florida 32399-0458
District 5
386-943-5000
D5prcustodianAdot.state.fl.us
Florida Department of Transportation
District 5—Office of General Counsel
719 South Woodland Boulevard
Deland, FL 32720
Page 395 of 1884
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-020-52
STATE HIGHWAY LIGHTING, MAINTENANCE, AND MAINTENANCE
OGC—03120
COMPENSATION AGREEMENT Page 7 of 8
8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix
entitled"Changes to Form Document"and no change is made in the text of the document itself. Hand notations on
affected portions of this document may refer to changes reflected in the above-named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this document, the
MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except
through the terms of the Appendix entitled "Changes to Form Document."
You MUST signify by selecting one of the applicable options:
No changes have been made to this Forms Document and no Appendix entitled "Changes to Form
Document"is attached.
❑ No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
BY: (Signature)
Date:
(Printed Name: )
(Printed Title: )
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY: (Signature)
Date:
(Printed Name: )
(Printed Title: )
FDOT Legal Review
BY: (Signature) Date:
Counsel
(Printed Name: )
Page 396 of 1884
375-020-52
MAINTENANCE
OGC-03/20
Page B of 8
Exhibit A
STATE HIGHWAY LIGHTING, MAINTENANCE,AND COMPENSATION AGREEMENT
For Fiscal Year 202112022
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the MAINTAINING AGENCY for the
services described in this Agreement and method by which payments will be made.
2.0 FACILITIES
The lighting or lighting systems listed below, or in an attached spreadsheet, or other electronic form are included
with this Agreement and represent the Facilities to be maintained by the MAINTAINING AGENCY:
1. See Attached Spredsheet
2.
3.
4.
5.
6.
3.0 COMPENSATION
For the satisfactory completion of all services detailed in this Agreement, FDOT will pay the MAINTAINING
AGENCY the Total Sum as provided in Section 2 of the Agreement. The MAINTAINING AGENCY will receive one
single payment at the end of each fiscal year for satisfactory completion of service.
The per-light unit rate shall increase by 3%each fiscal year. E.g.,the per-light unit rate of$300.10 in fiscal year
2020-2021 shall increase to$309.10 in fiscal year 2021-2022.
Total Payment Amount for each fiscal year is calculated by inputting the actual number of qualifying types of lights
into the table below and multiplying by the unit rate and_%. Example: 330(lights)x$300.10(unit rate)x 0.90
(90% requirement)=$89,129.70
Type of Light #of lights LED or HPS Unit rate 90.00% Total
High Mast 0 HPS 0 90.00 0.00
Standard 783 HPS 309.10 90.00 21782277.00
Underdeck 0 HPS 0.00 90.00 0.00
Sign 0 HPS 0.00 90.00 0.00
High Mast 0 LED 0.00 90.00 0.00
Standard 0 LED 0.00 90.00 0.00
Underdeck 0 LED 0.00 90.00 0.00
Sign 0 LED 0 90.00 0.00
Page 397 of 1884
F'DDT
Florida Department of Transportation
RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT
GOVERNOR Miami,Florida 33172-5800 SECRETARY
June 2021
Mr. Rudy De La Torre
Infrastructure Division Director
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, Florida 33139
Attn: Rudy De La Torre
Re: Contract:
Financial No: 447851-1-78-01
State Highway Lighting,Maintenance and Compensation Agreement Work Order:
City of Miami Beach(Period from 07/01/2021 thru 06/30/2022)
Dear Mr. De La Torre:
As stated on page 2 of the State Highway Lighting, Maintenance, and Compensation Agreement
between City of Miami Beach (Maintaining Agency)and the Department of Transportation (FDOT),the
FDOT will issue a Work Order confirming the amount and authorizing the performance of maintenance
for each new fiscal year(FY).
This Work Order hereby authorizes City of Miami Beach to perform maintenance on those lights on the
FDOT highway system for fiscal year 2021-2022.The amount of compensation for your maintenance of
the highway lighting on the FDOT highway system for Fiscal Year 2021-2022 will be$ 217,822.77.
The Previous dollar amount is the result of the following:
783 (#of luminaires-page 2)x 0.90 x$309.10=$ 217,822.77.
Current funding for FY 2022 of$ 217,822.77 is contingent upon legislative annual appropriation.
If you agree with this amount, please sign in the space provided and return this letter to the
Department.
Sincerely,
Renato Marrero, P.E.
District Maintenance Engineer
City of Miami Beach
Infrastructure Division Director
Improve Safety, Enhance Mobility, Inspire Innovation Page 1 of 2
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FDDT
•..- --.-- -
Florida Department of Transportation
RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT
GOVERNOR Miami,Florida 33172-5800 SECRETARY
STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT
EXHIBIT "A"
State Roads within the Limits of the City of Miami Beach
SR Road Name From To Luminaires
A1A 5 St Alton Rd Collins Ave 19
A1A Collins Ave 5 St N/015 St 36
A1A Collins Ave N\O 15 St 6000 Block 233
A1A Collins Ave 72 St 87 Terr 24
A1A Abbott Ave 72 St Indian Creek 9
A1A Harding 87 Ter 72 St 38
AlA Indian Creek 71 St 5800 Block 50
A1A Indian Creek 44 St 26 St 41
A1A MacArthur CSWY Fountain St Alton Rd 84
907 Alton Rd 5 St Dade Blvd 50
907 Alton Rd 18 St Chase Ave 39
907 Alton Rd N Bay Dr 63 St 78
907 63 St Alton Rd Collins Ave 9
112 41 St Alton Rd Collins Ave 31
934 71 St Biarritz Dr Rue Notre Dame 19
934 Normandy Dr Bay Dr E Biarritz Dr 23
FY 2021/2022 Total 783
Improve Safety, Enhance Mobility, Inspire Innovation Page 1 of 2
www.fdot.gov
Page 399 onl 884