Resolution 2022-32360 RESOLUTION NO. 2022-32360
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.
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 22, 2020, 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 21, 2023; 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 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 Julia Tuttle 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 (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 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 °4 day of ache_, , go,..2.•
,42-zi_______
Dan Gelber, Mayor
ATTEST: OCT 2 7 2022
‘ ,.)17 ----glk,i",i,„ _
Rafael E. Granado, City Clerk ;;i ' z }�'': ''',
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney , Date
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
2,.02L— , 1.4V3 • .
CONTRACT# ASU74-R0
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 5th day of December ,20 2 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 112/1-195
(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
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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,Vaj ta(2 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
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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 S260,000.00 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(l)(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 paymcnts.
(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 11253086-4-78-01
Page 3 of 15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E.
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 215.42.2(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 44 253086-4-78-01
Page 4 of 15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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 1 l I 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 8 253086-4-78-01
Page 6 of 15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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#t 253086-4-78-01
Page 7 of 15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
•
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
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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 N 253086-4-78-01
Page 9 of 15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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:
/ ,--DocuSigned by:
B . . I BY: i attract.
L AL GOVERNME T MANAGER FOR: DISTYIGT0 BeR 'ARY
7d �-DocuSigned by:
ATTEST: ' ATTEST: CViclit a. G&.S-a
(SEAL)LOCAL GOVERNMENT CLERK (SEAL) EXECIATINESECRETARY
NOV 1 1 2022
LEGAL REVIEW:
nn �—DocuSigned by:
934141bt\"\ Q�iaa �`vu it k
.74LOCAL GOVERNMENT ATTORNEY DISTR1 iCH OUNSEL
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
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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.
State Road '. • .Street Name From' To
112/I95 Julia Tuttle Causeway East side of Intracoastal
-1 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 11of15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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 Iane 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:
Beneze Vajta,P.E.-(305)640-7165 or Benczc.Vajtarddot.state.fl:us
LOCAL GOVERNMENT Project Manager:
Ali.na T. Hudak,City Manager-(305)673-7010 or CitvManager(doniainibeachtl.gov
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project#1253086-4.78-01
Page 12 of 15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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 4 253086-4-78-01
Page 13 of 15
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
•
Exhibit "C"
S1AIE Of 110KIDA DEPARrst HI r Or I IIAtISPDXrAtiotl
TURF AND LANDSCAPE IPA WORK CERTIFICATION DOCUMENT
CONTRACT NO: Q1/Q2/Q3/Q4:
MUNICIPALITY: INVOICE NO:
•
PAGE OF
Instructions: form to be.completed by the Mumctpahty cm dying and documenting when the work was performed, the Department's
Yard Engineer,or designee,will complete the portion confirming that She,work per lot med meets the IPA scope.
Date Work Per brined
Location/SR
Litter Pickup Mowing Landscape/Tree Trimming
•
Comments/Remarks:
MUNICIPALITY CERTIFYING WORK WAS COMPLETED PER CONTRACT MOT CONFIRMS WORK WAS COMPLETED PER CONTRACT
Name(Print): Name(Print):
Signature: Signature:
•
Date: Date:
mowing work description also includes all types of;flowing 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
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
RESOLUTION NO. 2022-32360 ,
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.
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 22, 2020, 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 21, 2023; 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 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 Julia Tuttle Causeway continues to
be maintained at the elevated standards set by the City of Miami Beach, with the use of FDOT
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
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 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 $260,000.00, 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 414 day of Oche, , 2020.
I312—ze,,____
Dan Gelber, Mayor
,,)si(
ATTEST: OCT 2 7 2022
7 ....„1,:m„,,,,,
Rafael E. Granado, CityClerk cti�''-
g 6.ar c l.V ` '�%
klitC0A . ATEiL
APPROVED AS TO
FORM & LANGUAGE
•
&FOR EXECUTION
- ir"- --).--' i a--3—Z1
City Attornee '"t Date
. •
DocuSign Envelope ID:207B626D-F093-4483-8FD3-6FCF4ABE908E
To:Grace.Rodriguez@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASU74
11/28/2022
CONTRACT INFORMATION
Contract: ASU74
{Contract Type: AK-PROJ PARTICIPATION(PROJ PART)
Method of Procurement: G-GOVERMENTAL AGENCY(287.057,F.S.)
Vendor Name: CITY OF MIAMI BEACH
Vendor ID: F596000372011
Beginning Date of This Agreement: 03/22/2023
Ending Date of This Agreement: 03/20/2024
Contract Total/Budgetary Ceiling: ct=$260,000.00
FDescription:—M 1 Landscape Maintenance Agreement
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 11/28/2022
Action: Original
Reviewed or Approved: APPROVED
Organization Code: 55064020610
Expansion Option: Al
Object Code: 242059
Amount: $260,000.00
Financial Project: 25308647801
Work Activity(FCT): . 484
CFDA:
Fiscal Year: 2023
Budget Entity: 55150200
Category/Category Year: 088712/23
Amendment ID: 0001
Sequence: 00
User Assigned ID:
Enc Line,(6s)/Status: 0001/04
Total Amount: $260,000.00
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