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Resolution 2022-32359 RESOLUTION NO. 2022-32359 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON STATE ROAD A1A/I-395 (MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE OF EAST CHANNEL BRIDGE, WITH AN ANNUAL COMPENSATION OF UP TO $22,776, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING AN INITIAL ONE (1) YEAR TERM, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. 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 the MacArthur Causeway; specifically, from the east end of Watson Island to the west end of East Channel Bridge; and WHEREAS, similar agreements have been executed since that time; and WHEREAS, on March 22, 2020, the City and FDOT entered into an agreement for a one- year period, with an option to renew for two (2) additional one-year terms, which agreement will expire on March 21, 2023; and WHEREAS, FDOT has expressed a desire to enter into a new Turf and Landscape Maintenance Department Funded Agreement (Financial Project No. 253087-4-78-01) (Agreement)for a one-year period, with the option to renew for two (2)additional one-year terms, and the possibility of an additional six (6) month extension, by mutual agreement of the parties; and WHEREAS, under the terms of the new Agreement, the City of Miami Beach will receive the same compensation as in the current agreement, in the total sum not to exceed $22,776 per year, payable in quarterly payments, for turf and landscape maintenance services for the portion of State Road A1A/I-395 (MacArthur Causeway), from the east side of Watson Island to the west side of East Channel Bridge; and WHEREAS, 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 the Agreement; and WHEREAS, the City's Public Works Department employs a Contract Manager who is responsible for monitoring the work of the landscape maintenance contractor on a regular basis to ensure specifications are complied with and the landscape materials are properly maintained; and WHEREAS, to ensure that the landscaping of the MacArthur Causeway continues to be maintained at the elevated standards set by the City of Miami Beach,with the use of FDOT funds, the Administration recommends the approval of the Agreement, incorporated herein by reference and attached to the City Commission Memorandum accompanying this Resolution. 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 City Manager and City Clerk to execute a Department Funded Agreement with the Florida Department of Transportation (FDOT) for turf and landscape maintenance services on State Road A1A/I-395 (MacArthur Causeway), from the east side of Watson Island to the west side of East Channel Bridge, with an annual compensation of up to $22,776, to be paid to the City by FDOT; said Agreement having an initial one (1) year term, with the option to renew for two (2) additional one (1) year terms, by mutual agreement of the parties. PASSED and ADOPTED this aG day of Doh0-e✓ , 2022. Dan Gelber, Mayor ATTEST: OCT 2 7 2022 /11 . . . Rafael E. Granado, City Clerk 1 s 111c010RAiED` APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney /, Date Resolutions-C7 Q MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: October 26,2022 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON STATE ROAD A1A/I-395 (MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE OF EAST CHANNEL BRIDGE, WITH AN ANNUAL COMPENSATION OF UP TO $22,776, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING AN INITIAL ONE (1) YEAR TERM, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON THE PORTION OF STATE ROAD 112/1-195 (JULIA TUTTLE CAUSEWAY), FROM THE EAST SIDE OF THE INTRACOASTAL WATERWAY TO ALTON ROAD, WITH AN ANNUAL COMPENSATION OF UP TO $260,000.00, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING AN INITIAL ONE (1) YEAR TERM, WITH THE OPTION TO RENEW FOR TWO (2)ADDITIONAL ONE (1)YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. RECOMMENDATION The Administration recommends the approval of the attached Resolutions. BACKGROUND/HISTORY. 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 Page 370 of 1166 renewed annually since that time. The most recent agreement for the MacArthur Causeway will expire on March 21, 2023. FDOT has expressed a desire to enter into a new Department Funded Agreement (DFA) for a one year period,with an,option to renew for two additional one year terms. Additionally, the most recent agreement for the Julia Tuttle Causeway will expire on March 21, 2023. FDOT has expressed a desire to enter into a new Department Funded Agreement(DFA) for a one year period,with an option to renew for two additional one year terms. ANALYSIS Under the terms of these Agreements, the City of Miami Beach will receive the combined sum of$282,776 a year payable in the amount of $70,694 quarterly, for a total potential payment of $848,328 over the course of the initial one year and two renewal years of the Department Funded Agreements (DFA). 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 a City-managed contractor. The Greenspace Management Division of the City's Public Works Department employs a Contracts Compliance Administrator who is responsible for monitoring the work of the landscape maintenance contractor on a regular basis to ensure that specifications are complied with and the landscape materials are properly maintained. SUPPORTING SURVEY DATA Results from the 2022 Resident Survey related to perception satisfaction of the City show that 67.4%of Miami Beach residents, 44.0% Florida Average and 49.7% National average rated the City of Miami Beach as a good place to live. FINANCIAL INFORMATION No fiscal impact. CONCLUSION To ensure that the MacArthur and Julia Tuttle Causeways' landscaping continues to be maintained at the elevated standards set by the City of Miami Beach, and to receive the annual funding of$282,776 from the Florida Department of Transportation that is necessary to support these maintenance standards, the Administration recommends the approval of the attached MacArthur Causeway (Financial Project No. 253087-4-78-01) Department Funded Agreement and the Julia Tuttle Causeway (Financial Project No. 253086-3-78-01) Department Funded Agreement. 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? Page 371 of 1166 Yes No Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment'destination. Legislative Tracking Public Works ATTACHMENTS: Description ❑ FDOT Dept Funded Agreements_Julia Tuttle Cswy ❑ FDOT Dept Funded Agreements_MacArthur Cswy ❑ Resolution 1 ❑ Resolution 2 • Page 372 of 1166 CONTRACT# TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF MIAMI BEACH This Agreement, is made and entered into this day of ,20_,by and between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and 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 112/I-195 (Julia Tuttle Causeway) from East side of Intracoastal Waterway to Alton Road 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 253086-4-78-01, 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 LOCAL GOVERNMENT is aware this Agreement will supplement all maintenance requirements between the DEPARTMENT and the LOCAL GOVERNMENT for all previously executed Permits and Agreements;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, Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 1 of 15 Page 373 of 1166 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. 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 the written notice to proceed, and the DEPARTMENT shall not compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to the effective date of the Notice to Proceed. 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 North Miami-Dade Maintenance Engineer, Bencze Vajta, P.E. at (305) 640-7165 or Bencze.Vajta@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. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 2 of 15 Page 374 of 1166 i. 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. j. 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. k. 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"—Financial Summary. 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 253086-4-78-01, and the quantifiable, measurable, and verifiable units of deliverables, consisting of the performance measures services required to perform the PROJECT Scope of Services described in Exhibit"A". (Section 287.058(1)(d) and(e), F.S.), c. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A", accompanied by the duly executed certification document in Exhibit"C", thereby establishing that the Scope of Services described in Exhibit "A" have been completed. Deliverables must be received and 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 Work Certification Document). Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 3 of 15 Page 375 of 1166 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 (1) 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) Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project U 253086-4-78-01 Page 4 of 15 Page 376 of 1166 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: 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 Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 5 of 15 Page 377 of 1166 employment eligibility of all new employees hired by the subcontractor during the contract term. (Executive Order Number 2011-02). The LOCAL GOVERNMENT shall insert the above clause into any contract entered into by the LOCAL GOVERNMENT with vendors or contractors hired by the LOCAL GOVERNMENT for purposes of performing its duties under this Agreement. 4. COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 NW 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To LOCAL GOVERNMENT: City of Miami Beach 1700 Convention Center Miami, 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 «A„ 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 Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 6 of 15 Page 378 of 1166 prevents the LOCAL GOVERNMENT from performing its work for a period of one(I)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 c. Terminate this Agreement. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 7 of 15 Page 379 of 1166 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 the written notice to proceed, 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 City of Miami Beach Financial Project#253086-4-78-01 Page 8 of 15 Page 380 of 1166 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 City of Miami Beach Financial Project#253086-4-78-01 Page 9 of 15 Page 381 of 1166 IN WITNESS WHEREOF,the parties hereto have executed this Agreement, on the day and year above written. CITY OF MIAMI BEACH: STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION: BY: BY: LOCAL GOVERNMENT MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) LOCAL GOVERNMENT CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: LOCAL GOVERNMENT ATTORNEY DISTRICT CHIEF COUNSEL Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 10 of 15 Page 382 of 1166 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 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. 4 'g l t t v?�c N wrs J r# ,�. '` .y ,t . ?R f a ! •t ` Fa` xs # ee'' k ti � 4S a c. 6 � �t'3�.Ji 9`S -ce * r r a ;•Y• K n N 4i J • e t n fr. 112/I-195 Julia Tuttle Causeway East side of Intracoastal Alton Road Waterway 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 Weed Control -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 Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 11 of 15 Page 383 of 1166 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. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. 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: 253086-4-78-01 County: Miami-Dade FDOT Project Manager: Bencze Vajta, P.E. -(305) 640-7165 or Beneze.Vajta(u'dot.state.fl.us LOCAL GOVERNMENT Project Manager: Alina T. Hudak, City Manager- (305)673-7010 or CityManager a,miamibeachfl.gov Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253086-4-78-01 Page 12 of 15 Page 384 of 1166 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 Weed Control: $6,452.00 • Landscape Maintenance/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 City of Miami Beach Financial Project#253086-4-78-01 Page 13 of 15 Page 385 of 1166 Exhibit "C" STATF OF FIOR IDA DEPARTMENT 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 JPA scope. Date Work Performed Location/SR Utter Pickup Mowing• Landscape/Tree Trimming • Comments/Remarks: MUPICIPAUTY 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 City of Miami Beach Financial Project#253086-4-78-01 Page 14 of 15 Page 386 of 1166 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 City of Miami Beach Financial Project#253086-4-78-01 Page 15 of 15 Page 387 of 1166 DocuSign Envelope ID:FEDA8989-A621-48EF-B273-65FODF3ACB25 FDDT ,.-- ----. - Florida Department of Transportation RON DESANTIS 1000 NW I 1 lth Avenue KEVIN J.THIBAULT GOVERNOR Miami, Florida 33172-5800 SECRETARY November 19, 2021 Alina T. Hudak, City Manager City of Miami Beach 1700 Convention Center Miami Beach, Florida 33139 (305)673-7010 CityManager@miamibeachfl.gov NOTICE TO PROCEED Contract Number: ASG55-R2 (Julia Tuttle Causeway) Financial Project Number: 253086-3-78-01 County: Miami-Dade Project Description: Landscape Maintenance Agreement Dear Ms. Hudak: 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 22, 2022 through March 21, 2023. The Maintenance Engineer for this agreement is Bencze Vajta, P.E. He can be reached at (305)640-7165. The City may invoice the Department after the end of each quarter according to the schedule below: 1st Quarter March 22, 2022 thru June 21, 2022 2nd Quarter June 22, 2022 thru September 21, 2022 3rd Quarter September 22, 2022 thru December 21, 2022 4th Quarter December 22, 2022 thru March 21, 2023 If you have any questions concerning the agreement, please contact me at telephone number (305)470-5354. Sincerely, DocuSigneo by: D42BAEEE9AE5413... Renato Marrero, P.E. District Maintenance Engineer cc: L. Salazar, K. Al-Said, B. Vajta, R. Kenny, N. Wallace, E. Rivera, D. Kong, D6-CFM Improve Safety, Enhance Mobility, Inspire Innovation www.fdot. ov Page 388 of-1166 DocuSign Envelope ID:55BDAB9C-ABDE-4690-BA94-7D4F5A6COAA8 • STATE OF FLORIDA DEPARTMENT OF I RANSPORTATION TR TIO7 CONTRACTS ADWN CONTRACT RENEWAL OIST GC.OM Contract No.: ASG55 Renewal:(1st,2nd,etc.) 2nd Financial Project No(s).:253086-3-78-01 County(ies): Miami-Dade This Agreement made and entered into this 18 day of November , 2021 , by and between the State of (This date to be entered by DOT 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 Departmentand the Contractor heretofore on this 18 day of February ,2020 (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 areas 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 22 day of March,2022 and ending the 21 day of March,2023 at a cost of$260.000.00. All terms and conditions of said original Agreement shall remain in force and effect for this renewal. IN WITNESS WHEREOF,the parties have executed this Agreement by their duly authorized officers on the day, month,and year set forth above. STATE OF FLORIDA City of Miami Beach DEPARTMENT OF TRANSPORTATION Name of Contractor Docusianed by: Aline T. Hudak, City Manager BY: ('l.AY10 (,41LVt,ra Contractor Name and Title • Di . FSemeta eeDesignee(Signature) DocuSigned by: , B ilia A, I'ihki c c Title: District Construction Engineer gnature 11/15/2021 I 3:09 EST 1Docusigned by: (SEAL) Legal: QUUA tt Name of Surety 12CAFDE1B1D ec... • • Fiscal: City State Approval as to Availability of Funds By: Florida Licensed Insurance Agent or Date Attorney-In-Fact(Signature) Countersigned: Florida Licensed Insurance Agent Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ICity Attorney ( ti,;i D to 1 Page 389 of 1166 DocuSign Envelope ID:55BDAB9C-ABDE-4690-BA94-7D4F5A6COAA8 • RESOLUTION NO. 2020-31129 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON THE PORTION OF STATE ROAD 112/I-195 (JULIA TUTTLE CAUSEWAY), FROM THE EAST SIDE OF THE INTRACOASTAL WATERWAY TO ALTON ROAD, WITH AN ANNUAL COMPENSATION OF UP TO $260,000, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING AN INITIAL ONE (1) YEAR TERM, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. WHEREAS, on July 13, 1994, the Mayor and City Commission adopted Resolution No. 94-21210, approving a Memorandums of Agreement with the Florida Department of Transportation (FDOT) to provide for maintenance of landscaping along Interstate-195 (Julia Tuttle Causeway); and WHEREAS, similar agreements have been executed since that time; and WHEREAS, on March 23, 2017, the City and FDOT entered into an agreement for a one-year period, with the option to renew for two (2) additional one-year terms, which agreement will expire on March 22, 2020; and WHEREAS, FDOT has expressed a desire to enter into a new Turf and Landscape Maintenance Department Funded Agreement (Financial Project No. 253086-3-78-01) (Agreement)for an initial one (1) year term, with the option to renew for two (2) additional one- year terms, and the possibility of an additional six (6) month extension, by mutual agreement of the parties;and WHEREAS, under the terms of the new Agreement, the City of Miami Beach will receive the same compensation as in the current agreement, in the total amount not to exceed $260,000 per year, payable in quarterly payments, for turf and landscape maintenance services for the portion of State Road 112/1-195 (Julia Tuttle Causeway.) from the east side of the Intracoastal Waterway to Alton Road; and WHEREAS, 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 the Agreement;and WHEREAS, the Public Works Department employs a Contract Manager who is responsible for monitoring the work of the landscape maintenance contractor on a regular basis to ensure specifications are complied with and the landscape materials are properly maintained; and Page 390 of 1166 DocuSign Envelope ID:55BDAB9C-ABDE-4690-BA94-7D4F5A6COAA8 WHEREAS, to ensure that the landscaping of the Julia Tuttle Causeway continues to be maintained at the high standards set by the City of Miami Beach, with the use of FDOT funds, the Administration recommends the approval of the Agreement, incorporated herein by reference and attached hereto as Exhibit°1°. 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 City Manager and City Clerk to execute a Department Funded Agreement with the Florida Department of Transportation (FDOT) for turf and landscape maintenance services on the portion of State Road 112/1-195 (Julia Tuttle Causeway), from the east side of the Intracoastal Waterway to Alton Road, with an annual compensation of up to $260,000.00, to be paid to the City by FDOT; said Agreement having an initial one (1) year term, with the option to renew for two (2) additional one (1) year terms, by mutual agreement of the parties. PASSED and ADOPTED this . day of '�an 14 , 2020. Dan Gelber, Mayor ATTEST: ,7d) Rafael E. Grana o2 Ity Clerk �o 1 c :I,J RP °RAT_D j •V.. ' : .)/ APPROVED AS TO FORM &LANGUAGE &FOR EX CUTION U amosi City Attor y Date Page 391 of 1166 DocuSign Envelope ID:55BDAB9C-ABDE-4690-BA94-7D4F5A6COAA8 Resolutions-C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: January 15,2020 • 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON STATE ROAD A1A I-395(MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE OF EAST CHANNEL BRIDGE,WITH AN ANNUAL COMPENSATION OF UP TO$22,776, TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING AN INITIAL ONE (1)YEAR TERM, WITH THE OPTION TO RENEW FOR TWO(2)ADDITIONAL ONE(1)YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON THE PORTION OF STATE ROAD 112/1-195 (JULIA TUTTLE CAUSEWAY), FROM THE EAST SIDE OF THE INTRACOASTAL WATERWAY TO AL TON ROAD,WITH AN ANNUAL COMPENSATION OF UP TO $260,000, TO BE PAID TO THE CITY BY FOOT; SAID AGREEMENT HAVING AN INITIAL ONE(1) YEAR TERM, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY 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. The most recent agreement for the MacArthur Causeway will expire on March 21,2020. FDOT has expressed a desire to enter into a new Department Funded Agreement(DFA)for a one year period,with an option to renew for two additional one year terms. Additionally,the most recent agreement for the Julia Tuttle Causeway will expire on March 21,2020.FDOT has expressed a desire to enter into a new Department Funded Agreement(DFA)for a one year period,with an option to renew for two additional one year terms. ANALYSIS Under the terms of these Agreements, the City of Miami Beach will receive the combined sum of$282,776 a year payable in the amount of$70,694 quarterly,for a total potential payment of$848,328 over the course of the initial one year and two renewal years of the Department Funded Agreements(DFA). 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 a City-managed contractor. The Public Works Department employs a Contract Manager who is responsible for monitoring the work of the landscape maintenance contractor on a regular basis to ensure specifications are complied with and the landscape materials are properly maintained. Results from the 2019 Resident Survey show that 74% of residents rated landscape maintenance of rights of way along City streets/public areas as excellent or good.This question ranked 22%above the national average among U.S.communities.In order to continue maintaining excellent standards in this area, the City plans to execute a DFA with FDOT for turf and landscape maintenance services. 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 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 Page 392 of 1166 DocuSign Envelope ID:55BDAB9C-ABDE-4690-BA94-7D4F5A6C0AA8 Causeway (Financial Project No. 253087-4-78-01) Department Funded Agreement and the Julia Tuttle Causeway (Financial Project No.253086-3-78-01)Department Funded Agreement. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Leaisiative Tracking Public Works ATTACHMENTS; Description o Resolution No.1 and Contract o Resolution No._2 and Contract Page 393 of 1166 CONTRACT# TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF MIAMI BEACH This Agreement, is made and entered into this day of ,20_,by and between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and 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 A1A/I-395 (MacArthur Causeway) from East side of Watson Island to West side of East Channel bridge 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 253087-5-78-01, 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 LOCAL GOVERNMENT is aware this Agreement will supplement all maintenance requirements between the DEPARTMENT and the LOCAL GOVERNMENT for all previously executed Permits and Agreements; 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, Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project St 253087-5-78-01 Page 1of15 Page 394 of 1166 the parties agree as follows: I. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS 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 the written notice to proceed, and the DEPARTMENT shall not compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to the effective date of the Notice to Proceed. 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 North Miami-Dade Maintenance Engineer, Bencze Vajta, P.E. at (305) 640-7165 or Bencze.V aj ta@a,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. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 2 of 15 Page 395 of 1166 i. 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. j. 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. k. Payments to the LOCAL GOVERNMENT shall be made in accordance with Sections 3 and 5 of this Agreement. 3. FINANCIAL PROVISIONS a. The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT, up to the maximum participating annual amount of$22,776.00 for completion of the services described in Exhibit"A"—Scope of Services. The method of compensation is included in Exhibit"B"—Financial Summary. b. The LOCAL GOVERNMENT shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The PROJECT, identified as PROJECT Number 253087-5-78-01, and the quantifiable, measurable, and verifiable units of deliverables, consisting of the performance measures services required to perform the PROJECT Scope of Services described in Exhibit"A". (Section 287.058(1)(d) and(e), F.S.), c. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A", accompanied by the duly executed certification document in Exhibit"C", thereby establishing that the Scope of Services described in Exhibit "A" have been completed. Deliverables must be received and 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 Work Certification Document). Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 3 of 15 Page 396 of 1166 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 (1) 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) Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 4 of 15 Page 397 of 1166 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 l year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering into any such contract or other binding commitment of funds.Nothing herein contained shall prevent the making of contracts for periods exceeding 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: 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 Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 5 of 15 Page 398 of 1166 employment eligibility of all new employees hired by the subcontractor during the contract term. (Executive Order Number 2011-02). The LOCAL GOVERNMENT shall insert the above clause into any contract entered into by the LOCAL GOVERNMENT with vendors or contractors hired by the LOCAL GOVERNMENT for purposes of performing its duties under this Agreement. 4. COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 NW 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To LOCAL GOVERNMENT: City of Miami Beach 1700 Convention Center Miami, 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 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 Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 6 of 15 Page 399 of 1166 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 c. Terminate this Agreement. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 7 of 15 Page 400 of 1166 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 the written notice to proceed, 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 City of Miami Beach Financial Project#253087-5-78-01 Page 8 of 15 Page 401 of 1166 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 City of Miami Beach Financial Project#253087-5-78-01 Page 9 of 15 Page 402 of 1166 IN WITNESS WHEREOF,the parties hereto have executed this Agreement, on the day and year above written. CITY OF MIAMI BEACH: STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION: BY: BY: LOCAL GOVERNMENT MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL)LOCAL GOVERNMENT CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: LOCAL GOVERNMENT ATTORNEY DISTRICT CHIEF COUNSEL Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 10 of 15 Page 403 of 1166 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' 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 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. AIA/I-395 MacArthur Causeway East side of Watson West side of East Island Channel Bridge For each of the following work activities, the LOCAL GOVERNMENT shall be responsible for performing these minimum frequencies: • Mowing, including Edging and Weed Control -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 City of Miami Beach Financial Project#253087-5-78-01 Page 11 of 15 Page 404 of 1166 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. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. 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: 253087-5-78-01 County: Miami-Dade FDOT Project Manager: Bencze Vajta, P.E. - (305)640-7165 or Bencze.Vajta u,,dot.state.fl.us LOCAL GOVERNMENT Project Manager: Alina T. Hudak, City Manager- (305)673-7010 or CityManager@miamibeachfl.gov Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Miami Beach Financial Project#253087-5-78-01 Page 12 of 15 Page 405 of 1166 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 Weed Control: $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 City of Miami Beach Financial Project#253087-5-78-01 Page 13 of 15 Page 406 of 1166 Exhibit "C" STATE OF FLORIDA'DEPARTMENT OF TRANSPORTATION • TURF AND LANDSCAPE WA 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 1PA scope. Date Work Performed • Location/SR • Litter Pickup Mowing• Landscape/Tree Trimming • Comments/Remarks: MUNICIPAUTY 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 City of Miami Beach Financial Project#253087-5-78-01 Page 14 of 15 Page 407 of 1166 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 City of Miami Beach Financial Project#253087-5-78-01 Page 15 of 15 Page 408 of 1166 DocuSign Envelope ID:5ECBFD3F-6E9F-4005-B918-181992F2723A FDOiai . .---- ... , Florida Department of Transportation RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT GOVERNOR Miami,Florida 33172-5800 SECRETARY December 14, 2021 Alina T. Hudak, City Manager City of Miami Beach 1700 Convention Center Miami Beach, Florida 33139 (305)673-7010 CitYManager miamibeachfl.gov NOTICE TO PROCEED Contract Number: ASG56-R2 (MacArthur Causeway) Financial Project Number: 253087-4-78-01 County: Miami-Dade Project Description: Landscape Maintenance Agreement Dear Ms. Hudak: 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 22, 2022 through March 21, 2023. The Maintenance Engineer for this agreement is Bencze Vajta, P.E. He can be reached at (305)640-7165. The City may invoice the Department after the end of each quarter according to the schedule below: 1st Quarter March 22, 2022 thru June 21, 2022 211d Quarter June 22, 2022 thru September 21, 2022 3rd Quarter September 22, 2022 thru December 21, 2022 4th Quarter December 22, 2022 thru March 21, 2023 If you have any questions concerning the agreement, please contact me at telephone number (305)470-5354. Sincerely, rL400cuSlgnneddDy:[ , J D428AEEE9AE5413... Kenato Marrero, r.l_. District Maintenance Engineer cc: L. Salazar, K. Al-Said, B. Vajta, R. Kenny, N. Wallace, E. Rivera, D. Kong, D6-CFM Improve Safety, Enhance Mobility, Inspire Innovation www.fdoi.gov Page 409 otg1166 FD01 Florida Department of Transportation RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT GOVERNOR Miami,Florida 33172-5800 SECRETARY MEMORANDUM February 2, 2021 TO: Whom It May Concern FROM: Renato Marrero, District Maintenance Engineer jM1 COPIES: James Wolfe, Rudy Garcia, Daniel Iglesias, Cindy Capdevila, Alex Casals, Leigh Cann, Anamari Martinez, Daniel Kong SUBJECT: DELEGATION OF AUTHORITY I hereby delegate authority to attend Consultants Selections, Procurement Action Review and Approval Meetings, sign correspondence and execute documents requiring my signature anytime during my absence from the office, as follows: 144afp ay. Leonard Salazar, Deputy District Maintenance Engineer This authority is effective immediately and will stay in effect until modified or rescinded by me or my successor. RM/gr www.fdot.gov Page 410 of 1166 DocuSign Envelope ID:87130384-0848-419B-B6FE-59E77A147BE2 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION S TRA1 O 3 CONTRACTS ADMIN CONTRACT RENEWAL OGC--64106 Contract No.: ASG56 Renewal:(1st,2nd,etc.) 2nd Financial Project No(s).: 253087-4-78-01 County(ies): Miami-Dade This Agreement made and entered into this 10 day of December ,2021 , by and between the State of (This date to be entered by DOT 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 18 day of February ,2020 (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 areas 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 22 day of March,2022 and ending the 21 day of March, 2023 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. STATE OF FLORIDA City of Miami Beach DEPARTMENT OF TRANSPORTATION Name of Contractor DocuSi®need by: Alina T. Hudak, City Manager BY: C 6 C 'a FBD556323B5F488... Con ".,n, Title District secretary or uesignee(Signature) BY: fi Title: District Construction Engineer ' nu�u� 7AE29EF3401349E DaeUSigned by: Autnonzea Jlgnature 1/ (SEAL) Legal:_ QtdUc� tuo Name of Surety 2CAFOE,B1DB4ec.. Fiscal: City State Approval as to Availability of Funds By: Florida Licensed Insurance Agent or Date Attorney-In-Fact(Signature) • Countersigned: Florida Licensed Insurance Agent Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (;,ry i,itorney Page 411 of 1166 41. DocuSign Envelope ID:C677F14D-1095-4837-8D3F-EBAE36D7B1AF FDOT , Florida Department of Transportation RON DESANTIS 1000 NW 111 Avenue KEVIN J.THIBAULT,P.E. GOVERNOR Miami,FL 33172 SECRETARY MEMORANDUM DATE: July 1, 2021 TO: whom it may concern DS FROM: Rudy Garcia, P.E. District Director of Transportation Operations COPIES: Renato Marrero, Mario Cabrera, Omar Meitin SUBJECT: DELEGATION OF AUTHORITY I hereby delegate authority to attend Selection Committee Meetings, sign correspondences and execute documents requiring my signature anytime during my absence from the office, as follows: Renato Marrero, P.E.; District Maintenance Engineer/ Position Number: 55006999 Mario Cabrera, P.E., CPM, District Construction Engineer/ Position Number: 55006912 Omar Meitin, P.E., District Traffic Operations Engineer/ Position Number: 55007639 This authority is effective immediately and will stay in effect until June 30, 2022 or until modified or rescinded by me or my successor. Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov Page 412 of 1166 DocuSign Envelope ID:87130384-0848-419B-B6FE-59E77A147BE2 DocuSign Envefope ID:F8477B7C-EF33-490B-852F-00E94F20EE66 RESOLUTION NO. 2020-31128 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF.AND LANDSCAPE MAINTENANCE SERVICES ON STATE ROAD A1A/I-395 (MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE OF EAST CHANNEL BRIDGE,WITH AN ANNUAL COMPENSATION OF UP TO$22,776, • TO BE PAID TO THE CITY BY FDOT; SAID AGREEMENT HAVING AN INITIAL ONE (1) YEAR TERM, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. 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 the MacArthur Causeway; specifically, from the east end of Watson Island to the west end of East Channel Bridge; and WHEREAS, similar agreements have been executed since that time; and WHEREAS,on March 23,2017, the City and FDOT entered into an agreement for a one- year period, with an option to renew for two (2)additional one-year terms, which agreement will expire on March 22, 2020;and WHEREAS, FDOT has expressed a desire to enter into a new Turf and Landscape Maintenance Department Funded Agreement (Financial Project No. 253087-4-78-01) (Agreement)for a one-year period,with the option to renew for two(2)additional one-year terms, and the possibility of an additional six (6)month extension, by mutual agreement of the parties; and WHEREAS, under the terms of the new Agreement, the City of Miami Beach will receive the same compensation as in the current agreement, in the total sum not to exceed$22,776 per year, payable in quarterly payments,for turf and landscape maintenance services for the portion of State Road A1A/I-395(MacArthur Causeway),from the east side of Watson Island to the west side of East Channel Bridge;and WHEREAS, 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 the Agreement;and WHEREAS, the Public Works Department employs a Contract Manager who is responsible for monitoring the work of the landscape maintenance contractor on a regular basis to ensure specifications are complied with and the landscape materials are properly maintained; and Page 413 of 1166 DocuSign Envelope ID:87130384-0848-419B-B6FE-59E77A147BE2 DocuSign Envelope ID:F8477B7C-EF33-490B-852F-00E94F20EE66 WHEREAS, to ensure that the landscaping of the MacArthur Causeway continues to be maintained at the high standards set by the City of Miami Beach,with the use of FDOT funds,the Administration recommends the approval of the Agreement,incorporated herein by reference and attached hereto as Exhibit"1". 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 City manager and City Clerk to execute a Department Funded Agreement with the Florida Department of Transportation (FDOT) for turf and landscape maintenance services on State Road A1A/l-395(MacArthur Causeway), from the east side of Watson Island to the west side of East Channel Bridge,with an annual compensation of up to $22,776. to be paid to the City by FDOT; said Agreement having an initial one(1) year term,with the option to renew for two (2)additional one(1)year terms, by mutual agreement of the parties. PASSED and ADOPTED this IS" day of A h Li 4 ry , 2020. Dart Gelber, Mayor ATTEST: • . 6 Z Zap d Rafaet'E. Granado, Ci CI rk h L'� ...... -`;J r! of 26,,,55 APPROVED AS TO FORM& LANGUAGE &FOR EXE UTION -� dae City Attorney 7rr1 D Page 414 of 1166 • DocuSign Envelope ID:87130384-0848-419B-B6FE-59E77A147BE2 DocuSign Envelope ID:F8477B7C-EF33-490B-852F-00E94F20EE66 Resolutions-C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM Jimmy L.Morales,City Manager DATE: January 15.2020 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON STATE ROAD A1A/I-395(MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE OF EAST CHANNEL BRIDGE,WITH AN ANNUAL COMPENSATION OF UP TO $22,776, TO BE PAID TO THE CITY BY FOOT; SAID AGREEMENT HAVING AN INITIAL ONE (1)YEAR TERM, WITH THE OPTION TO RENEW FOR TWO(2)ADDITIONAL ONE(1)YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. 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 DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON THE PORTION OF STATE ROAD 112/1-195 (JULIA TUTTLE CAUSEWAY), FROM THE EAST SIDE OF THE INTRACOASTAL WATERWAY TO AL TON ROAD,WITH AN ANNUAL COMPENSATION OF UP TO $260 000, TO BE PAID TO THE CITY BY FOOT; SAID AGREEMENT HAVING AN INITIAL ONE (1) YEAR TERM. WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS, BY MUTUAL AGREEMENT OF THE PARTIES. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY In July of 1994 the City Commission approved the initial Memorandums of Agreement (MOA) witn the Florida Department of Transportation(FOOT)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 oridge to Alton Road Both of these Memorandums of Agreement have been renewed annually since that time The most recent agreement for the MacArthur Causeway will expire on March 21 2020 FDOT has expressed a desire to enter into a new Department Funded Agreement(DFA)for a one year period,with an option to renew for two additional one year terms. Additionally,the most recent agreement for the Julia Tuttle Causeway will expire on March 21,2020 FDOT has expressed a desire to enter into a new Department Funded Agreement(DFA)for a one year period with an option to renew for two additional one year terms ANALYSIS Under the terms of these Agreements, the Ciy of Miami Beach will receive the combined sum of$282,776 a year payable in the amount of$70,694 quarterly,for a total potential payment of$848,328 over the course of the initial one year and two renewal years of the Department Funded Agreements(DFA). 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 a City-managed contractor The Public Works Department employs a Contract Manager who is responsible for monitoring the work of the landscape maintenance contractor on a regular basis to ensure specifications are complied with and the landscape materials are properly • maintained. Results from the 2019 Resident Survey show that 74% of residents rated landscape maintenance of rights of way along City streets/public areas as excellent or good.This question ranked 22'/o above the national average among U S communities.In order to continue maintaining excellent standards in this area, the City plans to execute a DFA with FOOT for turf and landscape maintenance services. 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 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 Page 415 of 1166 DocuSign Envelope ID:87130384-0848-419B-B6FE-59E77A147BE2 DocuSign Envelope ID:F8477B7C-EF33-490B-852F-00E94F20EE66 Causeway (Financial Project No. 253087-4.78-01) Department Funded Agreement and the Julia Tuttle Causeway (Financial Project No.253086-3-78-01)Department Funded Agreement. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Legislative Tracking Public Works ATTACHMENTS: Description o Resolu on Nc.1 and Contract D ;o:ut:on:No 2 and Contract • • Page 416 of 1166 DocuSign Envelope ID:87130384-0848-419B-B6FE-59E77A147BE2 To:Grace.Rodriguez@dot.state.fi.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL ASG56 12/9/2021 CONTRACT INFORMATION ASG56 AK-PROJ PARTICIPATION(PROJ PART) G-GOVERMENTAL AGENCY(287.057,F.S.) ' . CITY OF MIAMI BEACH F596000372011 03/22/2020 03/21/2023 ct=$68,328.00 . • Landscape Maintenance Agreement FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 12/9/2021 Renewal APPROVED 55064020610 Al 242059 $22,776.00 • , 25308747801 484 _-` 2022 55150200 088712/22 L002 00 • R2 .a a t <, 0003/04 Total Amount: $22,776.00 Pagel of 1 Page 417 of 1166