HomeMy WebLinkAboutResolution 2025-34003RESOLUTION NO. 2025-34003
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 (DFA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE
SERVICES ON STATE ROAD AlA/I-395 (MACARTHUR CAUSEWAY), FROM
THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE OF EAST
CHANNEL BRIDGE (FINANCIAL PROJECT NUMBER 253087.6-78-01), WITH
AN ANNUAL COMPENSATION OF UP TO $22,776.00, TO BE PAID TO THE
CITY BY FOOT; SAID AGREEMENT HAVING AN INITIAL ONE (1) YEAR TERM,
COMMENCING ON MARCH 21, 2026, WITH THE OPTION TO RENEW FOR
TWO (2) ADDITIONAL ONE-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 21, 2023, the City and FDOT entered into an agreement for a one
(1) year period, with an option to renew for two (2) additional one-year terms, which agreement
will expire on March 20, 2026; and
WHEREAS, FDOT has expressed a desire to enter into a new Turf and Landscape
Maintenance Department Funded Agreement (Financial Project No. 253086-5-78-01)
(Agreement) for a one-year period, with the option to renew for two (2) additional one-year terms,
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 $22,776.00
per year, payable in quarterly payments, for turf and landscape maintenance services for the
portion of State Road A1A/1-395 (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 FOOT 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 (DFA) with the Florida Department of Transportation (FDOT) for
turf and landscape maintenance services on State Road A1AI1-395 (MacArthur Causeway), from
the east side of Watson Island to the west side of East Channel Bridge (Financial Project Number
253087-6-78-01), with an annual compensation of up to $22,776.00, to be paid to the City by
FOOT; said agreement having an initial one (1) year term, commencing on March 21, 2026, with
the option to renew for two (2) additional one-year terms, by mutual agreement of the parties.
PASSED and ADOPTED this 17 day of Aeu.»btr 2025.
ATTEST:
74
Rafael E. Granado, City Clerk
Steven �Meiner,ayor
DEC 12 2025
fi• IINMAP•HATED`
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
10%15 Zj
AtforneY Date
Resolutions - C7 AO
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025
TITLE: 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 (DFA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON STATE
ROAD A1Ati-395 (MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF
WATSON ISLAND TO THE WEST SIDE OF EAST CHANNEL BRIDGE (FINANCIAL
PROJECT NUMBER 253087-6-78-01), WITH AN ANNUAL COMPENSATION OF
UP TO $22,776.00, TO BE PAID TO THE CITY BY FOOT; SAID AGREEMENT
HAVING AN INITIAL ONE (1) YEAR TERM, COMMENCING ON MARCH 21, 2026,
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 (DFA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR TURF AND LANDSCAPE MAINTENANCE SERVICES ON THE
PORTION OF STATE ROAD 11211-195 (JULIA TUTTLE CAUSEWAY), FROM THE
EAST SIDE OF THE INTRACOASTAL WATERWAY TO ALTON ROAD (FINANCIAL
PROJECT NUMBER 253086-5-78-01), WITH AN ANNUAL COMPENSATION OF
UP TO $260,000.00, TO BE PAID TO THE CITY BY FOOT; SAID AGREEMENT
HAVING AN INITIAL ONE (1) YEAR TERM, COMMENCING ON MARCH 21, 2026,
WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
TERMS, BY MUTUAL AGREEMENT OF THE PARTIES.
The Administration recommends the approval of the attached Resolutions.
In July of 1994, the Mayor and City Commission (City Commission) approved the initial
Memorandums of Agreement (MOA) with the Florida Department of Transportation (FDOT),
authorizing the City to provide 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 MOAs have been renewed annually since that time.
The most recent agreement for the MacArthur Causeway will expire on March 20, 2026. FOOT
has expressed a desire to enter into a new Department Funded Agreement (DFA) for a one (1)
year period, with an option to renew for two (2) additional one-year terms, paying the City an
amount not to exceed $22,776.00 per year for such landscaping services. A copy of said DFA is
attached hereto as Exhibit "A".
1697 of 3458
Additionally, the most recent agreement for the Julia Tuttle Causeway will expire on March 20,
2026. FDOT has expressed a desire to enter into a new DFA for a one (1) year period, with an
option to renew for two (2) additional one-year terms, paying the City an amount not to exceed
$260,000.00 per year for such landscaping services. A copy of said DFA is attached hereto as
Exhibit "B".
ANALYSIS
Under the terms of these Agreements, the City of Miami Beach will receive the combined sum of
$282,776.00 a year, payable in the amount of $70,694 quarterly, for a total potential payment of
$848,328 over the course of the initial one (1) year and two (2) renewal years of the DFAs.
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
that the landscape materials are properly maintained.
FISCAL IMPACT STATEMENT
No fiscal impact
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https:l/www.miamibeachfi.povtcity-haillcity- lerklmeetino-notices/
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 $282,776.00 from the FDOT that is necessary to support these maintenance standards,
the Administration recommends the approval of the attached MacArthur Causeway (Financial
Project No. 253087-6-78-01) DFA and the Julia Tuttle Causeway (Financial Project No. 253086-
5-78-01) DFA.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Protect?
No
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Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Wor!a
Sponsor(s)
Co-sponsor(s)
Condensed Title
Execute DFA w/ FDOT, Turf/Landscape Maint Services on MacArthur & Julia Tuttle. PW
Previous Action (For City Clerk Use Only)
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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 Al All-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 253087-6-78-01, 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), 335.055, and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project # 253087-6-78-01
Page 1 of 15
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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 has submitted this Agreement to its LOCAL
GOVERNMENT Council/Commission for ratification or approval by resolution. A
copy of said approval 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 issuance of a
written notice to proceed by the DEPARTMENT, and the DEPARTMENT shall not
compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to
the date of 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.Vaitaadot.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
(Le. 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.
It. 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 g 253087-6-78-03
Page 2 of 15
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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 1440.003. 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.
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 253087-6-78-01, 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-).
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 most 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).
e. There shall be no reimbursement or compensation for travel expenses under this
Agreement.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Protect N 253087-6-78-01
Page 3 of 15
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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)
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
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project g 253087-6-78-01
Page 4 of 15
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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.
Recc rck cf 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.).
Is. In the event this contract is for services in excess of $25,000.00 and a term for a period
of more than I 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 l year."
The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by
the Florida Legislature. (Section 216.311, F.S.).
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
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.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project # 253087-6-78-01
Page 5 of 15
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4. COMMUNICATIONS
All notices, requests, demands, consents, approvals, and other communication which are
required to be served or given hereunder, sbetl 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
I000 NW l 1 I Avenue, Room 6205
Miami, Florida 33172
Attention: District Maintenance Engineer
To LOCAL GOVERNMENT: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received by the end of five (5) business days from the
proper sending thereof unless proof of prior actual receipt is provided.
5. INVOICING
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
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.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project # 253087-6-78-01
Page 6 of 15
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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 noncompliance. If the corrective action plan is
unacceptable to the DEPARTMENT, the DEPARTMENT may, at its option, proceed as
follows:
The LOCAL GOVERNMENT shall be assessed a non-performance retainage
equivalent to 100% 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.
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.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Mlam i Beach
Financial Project # 253087-6-78-01
Page 7 of 15
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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 mended 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.
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
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project# 253087-6-78-01
Page 8 of 15
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GOVERNMENT's negligent exercise or of its responsibilities asset 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 thar nether 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 4 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 p 253087-6-78-01
Page 9 of 15
1710 of 3458
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and
year above written.
CITY OF MIAMI BEACH:
BY:
LOCAL GOVERNMENT MANAGER
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY:
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 g 253087-6-78-01
Page 30 of 15
1711 of 3458
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.
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
e. Paying for all water use and all costs associated therewith.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project # 253087-6-7"1
Page 11 of 15
1712 of 3458
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: 253087-6-78-01
County: Miami -Dade
FDOT Project Manager:
Bencze Vajta, P E- - (305) 640-7165 or Bencze.Vaitalwdot.state.fl.us
LOCAL. GOVERNMENT Project Manager:
Eric Carpenter, City Manager - (305) 673-7010 or EricCamentedwmiamibeachfl.eov
Turf and landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project # 253087-6-78-01
Page 12 of 15
1713 of 3458
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 k 253087-6-78-01
Page 13 of 15
1714 of 3458
Exhibit "C{t
TURF AND LANDSCAPE JPA WORK CERTIFICATION DOCUMENT
CONTRACT NO:
Q1/Q2/Q3/04:
MUNICIPAUTY:
INVOICE NO:
PAGE OF
ImeutaonsThep Nnraemt%
YardEtWneer, or ckhgiwe, coal toroplete Me Wrnon rontamiM that Me work perto,m meets the IPA scope.
Location / W
Date Work PeriormtN
utter Pickup
Moenng•
Landscope/Tiee Trimming
mmenh / Remarks:
MUI4VN/NCf11i1FYMKiWOMI WAS COMpIETFU PER CpFTMCi
FOOT CO/FMMg WdtK WAS COMPLETED PEPG9NmACT
Name (Pont):
gnatum:
Date
Name (Pont):
igr wm:
Date:
mooa,x.k aeurptm aM and all noes 0 mono, and edge weeping
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project g 253087-6-78-01
Page 14 of 15
1715 of 3458
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 a 253087-6-78-01
Page 15 of 15
1716 of 3458
Docusign Enw1ow ID: ED04AA51.266945AG-A007CEDDD45F89A5
FDOT�
�r
Florida Department of Transportation
RON DESANTIS 1000 NW 1 I I Avenue JARED W. P3RDUE, P.E.
GOVERNOR Miami, Florida 33172-5800 SECRETARY
Mr. Eric T. Carpenter, City Manager
City of Miami Beach
1700 Convention Center
Miami Beach, Florida 33139
(305)673-7010
CitvManaaerOm iamibeach0. aov
NOTICE TO PROCEED
Contract Number:
Financial Project Number:
Contract Amount:
County:
Project Description:
Dear Mr. Carpenter:
November 20, 2024
ASL175-R2 (MacArthur Causeway)
253087-5-78-01
$ 22,776.00
Miami -Dade
Landscape Maintenance Agreement
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 21, 2025
through March 20, 2026. 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:
1� Quarter
March 21, 2025 thru June 20, 2025
2n° Quarter
June 21, 2025 thru September 20, 2025
3' Quarter
September 21, 2025 thru December 20, 2025
4'h Quarter
December 21, 2025 thru March 20, 2026
If you have any questions concerning the agreement, please contact me at telephone number
(305)470-5354.
Sincerely,
mo„aw�.a a:
eria'%f�liartefo, P.E.
District Maintenance Engineer
cc: L. Salazar, K. AI -Said, B. Vajta, Z. Taylor, N. Wallace, D. Kong, D6-CFM
Improve Safety, Enhance Mobility. Inspire bemvalion
www,(dol.gov
1717 of 3458
D.SgnE ope ID: FBFF67AB-A62148D9-95E0-1 F44ACBE5463
F�T�
Florida Department of Transportation
RON DESA.N"S IM N%% 01- A4'ENI E
GONTRNOR MUMI, Fr. 33172SB06
MEMORANDUM
January 05, 2024
TO: Whom It May Concern
FROM: Renato Marrero, District Maintenance Engineer
COPIES: Stacy Miller, Rudy Garcia, Daniel Iglesias, Cindy Capdevila,
Amman 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:
�146�4rd_Sd.-rr
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
[M.rrurol HY.ie
Improve Safety, Lnhance Mohihij% Inspire Innovation
www.fdot.gov
1718 of 3458
Docusign Envelope ID'. COA80231-5A36 UE-8AD9-1OA207126 6
SA!COfRWId. DCagq'y[pl pf ixµ5a0A'q'ip. CN�ul:Rnw w!e�tgn¢r
CONTRACT RENEWAL
ContractNo: ASU75 Renewal.(1st, 2nd.em.)
Financial Project No(s).. 253087-5-70-01
County(ies): Miami -Dade
This Agreement made and entered Into this 18 day of NoyBnlDer 2024 , by and between the State of
� .I. 'o x,nkree r, 001 aqb i
Florida Department of Transportation, hereinafter called 'Department, and City of Miami Beach - 1700 Convention Center
Miami Beach. Flohica 33139 hereinafter called "Contractor'.
WITNESSETH:
WHEREAS, Me Department and the Contractor heretofore onthis ¢ day of December 2022
(n,v any io xe�i<rco ar ooT o"ivt
entered Into an Agreement whereby the Department retained the Contractor to perform maintenance of a I turf and
landscape areas within the right-of-way t the State Roads described in "Exhibit A" of the original cpntract; 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 oRhe original Agreement,
NOW. THEREFORE, this Agreement witnesseth that for arch 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 21 day of March, 2025 and
ending the 20 day of March, 2026 at a cost of S22 776.00.
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.
City of Miami Beach
Name of Contractor
Eric T. Carpenter, City Manager
Contrac(t��r Name a d Title
Authorized Signatur
(SEAL)
Name of Surety
By
Florida Licensed'usurance Agent of Dale
Ammey-In-Fact ISigneture)
Countersigned'
Florida Licensed Insurance Agent Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
GN AtlomeY IAAr'
.y1rJ 1719 of 345E
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
�WarK�����
District Secretary or Designee (Signature)
District Director of operation
Title'
Legal l-�
Fiscal' _
Approval as to Availability of Funds
Dmuugn Envebpe ID: C0A80231-5A364E3E-8AM10A207C62C38
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 (FOOT) FOR TURF AND LANDSCAPE MAINTENANCE
SERVICES ON STATE ROAD A1Al1-395 (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.
WHEREAS, on July 13, 1994, the Mayor and City Commission adapted 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 FOOT 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 A1Al1-395 (MacArthur Causeway), from the east side of Watson Island to the west
slde 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
1720 of 3458
Dmuwgn Envelope ID: COA902315A3"E3EAAD31OA207C62C36
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, wtth 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 AtA/1-395 (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.
PASSED and ADOPTED this u day of " f✓ , 2022.
Dan Gelber, Mayor
ATTEST'
/ OCT 2 1 2022
g=mac:
Rafael E. Granado, City Clerk { IFDJr o '0i *' r
i h;
,9RcH z6`''9`
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
10-3-aZ
cIHAlron,ev Date
1721 of 3458
Dccusign Enwlope ID: C00.80271-SA76<E7E-0A0410A207C62CJ6
To: Grace.RodrtgueZodOtstate.R.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASU75
11/7/2024
CONTRACT INFORMATION
Contract:
ASU75
Contract Type:
AK PROJ PARTICIPATION (PROJ PART)
Method of Procurement
G- GOVERMENTAL AGENCY(287057 F. SJ
Vendor Name:
CITY OF MIAMI BEACH
Vendor ID:
F596000372011
Beginning Date of This Agreement
D3:222023
Ending Date of This Agreement:
03202026
Contract TOIallUmBeury Ceding:
ct = 368,328.00
Oescnption:
Landscape Maintenance Agreement
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDIREVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 117712024
Rernwel
APPROVED
Otgert®Bon Cadc-
55064020610
Expansion Option. MA1
ODjea CodaC�243059
Amount.
$22, 776.DO
Financial Project
25308757801
Work Activity(FCT): -
484
CFDA
fiscal Yea. "-'-'
2025
Budget
55150200
CemgorytCaleyay
06071=5
Amendment ID.
1002
Sequence'.
User Assigned t0'.
R2
Eric line l6sVStalue:
00031U
TotalAnnounL $22,776.00
Pagel of
1722 of 3458
D=Sign Emelope ID: BBDCA3034F03.4001-AFF6-A764B7F5 180
F�
Florida Department of Transportation
RON DESANTIS 1000 NW 1 I 1 Avenuc JARED W. PERDUE, P.E
GOVERNOR Miami, Florida 33172-5800 SECRETARY
November 17, 2023
Aline T. Hudak, City Manager
City of Miami Beach
1700 Convention Center
Miami Beach, Florida 33139
(305)673-7010
CitvMa naaer(dm iamibeach0.aov
NOTICE TO PROCEED
Contract Number:
Financial Project Number
County:
Project Description:
Dear Ms. Hudak'
ASU75-Rl (MacArthur Causeway)
253087-5-78-01
Miami -Dade
Landscape Maintenance Agreement
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 21, 2024
through March 20, 2025. 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:
161 Quarter March 21, 2024 thru June 20, 2024
2n°Quarter June 21, 2024 thru September 20, 2024
3itl Quarter September 21, 2024 thru December 20, 2024
0 Quarter December 21, 2024 thru March 20, 2025
If you have any questions conceming the agreement, please contact me at telephone number
(305)470-5354.
Sincerely,
Goocw —M:
d s
W30
RenatoamerEl7`er'
o, P.E.
District Maintenance Engineer
cc: L. Salazar, K. AI -Said, B. Vajta, Z. Taylor, N. Wallace, D. Kong, D6-CFM
Improve Safety, Enhance Mobility, Inspire Innovation
www fdotgov
1723 of 3458
DmuSgn EnvelopelD: 30D73016-MDD<225- F4B-EO35E94B2C3F
FDOTT
Florida Department of Transportation
RON DESANFRS 605 Su'Namee SRBBI JARED W. PERD�,E, RE.
GOVERNOR Tallahassee, FL 32399-0450 SECRETARY
MEMORANDUM
January 5, 2023
TO Whom It May Concern
FROM Renato Marrero, District Maintenance Engineer[� r
COPIES: Stacy Miller, Rudy Garcia, Daniel Iglesias, Cindy
Capdevila, 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:
=(Z sa.,
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.
R.M.
Improve Safety, Lithance,Nobihl , Inspire Innovation
www.fdot.gov
1724 of 3458
DocSpn Envelope ID: 6D1AE824-752447724i464-C38DC76C7742
Contract No.: ASU75
Financial Project Nola).:
County(ies): Miami -Dads
SreiE C£Fl(MIMDEpWiMkN I p 7.P4 PA11014 "SO 13
CONTRACT RENEWAL caNTNNcrs wulnloat Norrirceoe
Renewal: (list, 2nd, etc.)
This Agreement made and entered into this 13 day of November 2023, by and between the State of
fm. Eele b be WMW by DOT caw.)
Fonda 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 5 day of December , am
trnI aria to be ennrea by GOT a+✓I
entered into an Agreement whereby the Department retained the Contractor to perform maintenance of all turf and
landscape areas within the nahtof-wav 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 wimesseth 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 21 day of March, 2024 and
ending the 20 day of March, 2025 at a cost of $22 7. 76. W.
All terns and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.
City of Miami Beach
Name of Contractor
Contractor me and Title
BY: _
Au ze Signature
(SEAL)
Name of Surety
City State
By:
Florida Licensed! Insurance Agent or Date
Attomey-In-Fact (Signature)
Countersigned
Florida licensed Insurance Agent Date
10
& L")R ErE:, -110N
�Q 2?
Gry Auorncy Dee 1725 of 3458
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
I I INprM
MO 00.
BY:. _
District Secretary or Designee (Signature)
Title:District Director of Operations
Legal: Clid ile
Fiscal:
Approval as to Availability of Funds
Do Sign Envelope ID'. 601AE624-752"772-84M-C38OC76C7742
RESOLUTION NO. 2022-32359
A RESOI.! TION 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 A1A11-395 (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 Flodda 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 AtAl1-395 (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
1726 of 3458
Do Sign Emelope ID: 6D1AE824752"772-a48A-C3BDC78C7742
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 Memordndum 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 State Road A1Al1-395 (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 Z day of "f✓ 2022.
Dan Gelber, Mayor
ATTEST:
/ OCT 2 7 2022 a
t
Rafael E. Granado, City Clerk T
IN(DRP ORAiED;
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUTION
1 " 10=3- 3.Z
City Alto,- �� `� Dale
1727 of 3458 "vim°�/1�
Docufth Envelope ID: 601AE824 75244772-B48A-C38DCTSCT742
To Grace.Rodrlguee@dOLstate.Muv
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASU75
111912023
CONTRACT INFORMATION
Contract
Contract Type:
Method of Praeurarmai
Vendor 10-
SeginNng Date of This Agreement:
Ending Date of This Agreement:
Contract Total/Budgetary Ceiling:
,J75
AK - PROJ PARTICIPATION (PROD PART)
G- GOVERMENTAL AGENCY(287.057,FS.)
CITY OF MIAMI BEACH
F596000372011
0122/2D23
0 Q1W25
a-145.552.00
Landscape Maintenance Agreement
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 11R/2023
Actbn:
Renewal
Reviewed w App
APPROVED
Orgamzafwn Cade:
55066020610
At
2058
S22,776.00
jYe�.2024
253D6757801
4B4
eudgelE
55150200
Categor,C
001171=,t
Amendment ID.
1.001
Sequence
Usar Aaagwil ID -
111
0002104
Total Amount: $22,776.00
Paget of 1
1728 of 3458
DoouSpn Envelope ID: CM0491BA29A48F04WC 2302B420F187
FDOT� P
Florida Department of Transportation
RON DESANTIS 1000 NW i 1Io Avenue JARED W. PERDUE, :.E
GOVERNOR Miami. Florida 33172-5800 SECRETARY
December 8, 2022
Alina T. Hudak, City Manager
City of Miami Beach
1700 Convention Center
Miami Beach, Florida 33139
(305)673-7010
CitvManaeer0miamibeach6.Dov
NOTICE TO PROCEED
Contract Number:
Financial Project Number
County:
Project Description:
Dear Ms. Hudak:
ASU75-RO(MacArthur Causeway)
253087-5-78-01
Miami -Dade
Landscape Maintenance Agreement
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, 2023
through March 20, 2024. 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:
1" Quarter
March 22, 2023 thru June 21, 2023
2nd Quarter
June 22, 2023 thru September 21, 2023
V Quarter
September 22, 2023 thru December 21, 2023
4d Quarter
December 22, 2023 thru March 20, 2024
If you have any questions concerning the agreement, please contact me at telephone number
(305)470-5354.
Sincerely,
oo.�uoMe a:
District Maintenance Engineer
cc: L. Salazar, K. AI -Said, B. Vajta, Z. Taylor, N. Wallace, D. Kong, D6-CFM
Improve Safety, Enhance Mobility, Inspire Innovation
wwwfdol.gov
1729 of 3458
DocuSgn Ewelq ID: OBBEEOOD-DCFB4A56ADC7-1NNCC70581
FDOTT
Florida Department of Transportation
RON DESANTIS 1000 NW I I Ilh Avenue KEVIN J. THIBAULT
GOVERNOR Miami, Florida 33172-5500 SECRETARY
MEMORANDUM
January 13, 2022
TO: Whom It May Concern A4�
FROM: Renato Marrero, District Maintenance Engineer
COPIES: Stacy Miller, Rudy Garcia, Mario Cabrera, Daniel Iglesias, Cindy
Capdevila, 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:
SA&W
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
/mprove.Safety, Enhance Mobility, Inspire Innovation
www.fdotgov
1730 of 3458
DocuSign Enye"e, ID: 97SD34AB87Bl4B3-A5CE-3AE3E976905A
2-4322- -32-403
CONTRACT 8 ASU75-RO
TURF AND LANDSCAPE MAINTENANCE
DEPARTMENT FUNDED AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF LHAMI BEACH
This Agreement, is made and entered into this Sth _day of December , 20 2; by and
between the State of Florida Department of TranspoRation, 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 a.5 the'LOCAL GOVERNMENT'.
RECITALS;
WHEREAS, the DEPARTMENT has jurisdiction and maintains State Road A I A/1-395
(MacArthur Causeway) from East side of Watson Tsland 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 turfand 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 or Transportation and City of Miami aeach
Financial Project a 1S3087-5-78-01
Page 1 of 15
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DocuSi9n Envelope ID: 97BD34ABA7Br4834-ASCE-3AE3E976905A
the parties agree As follows:
I. INCORPORATION OF RECITALS
The foregoing recitals are [me 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 CounciWommission 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 matntenance 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 a -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
Ben:_r._Cay_a�dut,_itz Il un
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. humcarte, 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 :hanged 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 a 253087-5-78-01
Page 2 of 15
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DocuSign Envelope ID: 978D34AB-67131AB3-A5CE-3AE3E976905A
i. The LOCAL- GOVERNMENT shall not plant additional landscaping within the limits
of the PROJECT, withoutprior 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.
I. 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 S22 776.0 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
PROTECT, identified as PROJECT Number 253087-5-7B-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(I Hd) and (e), ES ),
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 297.058 (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 (sec Exhibit "C" - Turf and Landscape
JPA Work Certification Document).
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and Clty of Miami Beach
Financial project a 253D87-SO8d1
page 3 of 15
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Doeu5ign Envelope lD:97BD34AB47B1AB34-ASCEdAE3EB76905A
C. There shall be no reimbursement or compensation for travel expenses under this
Agreement.
C Payment shall be made only after receipt and approval of goods andror 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-perfamiance,
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
rciamage 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 xh). 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(p, F.S., will be due and payable, in addition to
the invoice amount, to the LOCAL GOVERNMENT. Interest penalrics of less than one
(I) dollar will not be enforced unless the LOCAL GOVERNMENT requests payment.
Invoices that have to be relumed 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(3xb), 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 he experiencing problems in obtaining timely payments)
Turf and Undscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of MiamL Beach
Financial N,,ct a 253M7 5-79-01
Page 4 of 15
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DucuSign Entl ID: 978D34AB-87B11B34-A5CE-3AE3E976905A
from a state agenry. The Vendor Ombudsman may be contacted at (850) 413-5516.
(Section 215.422(5) and (7), F.S.)
Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at all time during the period of
this Agreement and for five (5) years after final payment is made. Copies of thew
documents and records shall be famished 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 28T058(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 I year, the provisions of Section 339.135(6Xa), 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 Ponds 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 I year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid form succeeding tiwal
years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which arc for an amount in excess of $25.000.00 and
which have a term for a period of more than I 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 Transportatior and City of Miami Beach
Financial Project g 3S3e87-5-78-01
Page S cf IS
1735 of 3458
Dow5i9n Envelope ID'. 97BD34AB87SIAB34A5CE-3AE3E978905A
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 parry to receive such notices
" follows:
To DEPARTMENT: Florida Department of Transportation
1000 NW I I 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: CityManager
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
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
JP.A 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.
1. The DEPARTMENT shall initiate this procedure only it the temporary work
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
financial Protect a 153097 5 79 01
Page 6 of 15
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DocuSign EnvelopelD. 978D34AB-67B14B34-A5CE-3AE3E976905A
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 Chapter
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-
Perfomtance, 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.
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/ura Cuntractoir' 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 4ansportation and City of Miami Beach
Financial protect a 253087.5 78-01
past, 7 of 15
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Docu6ign Envelope to 9780301"781d83al-ASCE3 3E976906A
7. EXPIRATIONRENEWAL
This .Agreement is for a term of one(]) year beginning on the effective date of th is 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.
It. As mutually agreed by both parties.
c In accordance with Section 287.058(])(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.
I I. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and the
LOCAL. GOVERNMENT expressed in writing, executed and delivered by each parry.
Tuff and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City or Miami Beach
Financial protect a 253087-5-78 01
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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 maybe amended from lime 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 orjudgment, 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 T,ansportanon and City of Miami Beach
Financial Protect g 253097 5-78 01
Page 9 of 1S
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DoaSign Envelope 10: 97BD34AB67BIAB34A5CE-3AE3E978905A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF MIAMI BEACH:
BY:
L GOVERNt E. ANAGER
ATTEST: W-
(SEAL) LOCAL GOVERNMENT CLERK
NGV i � 2D2?
NU 7 2022
LEGAL REVIEW:
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY: ;A
D1S c Ws&KTARY
oor.sa�w:
ATTEST:
(SEAL) EX 'AIN1,S"RETARY
l� ZZ I dl;na .yw"q'i11A
LOCAL GOVERNMENT ATTORNEY DIS—*UffigrfiOUNSEL
Turf and bndsrape Maintenance Department Funded Agreement
between the Florida DePartment of Transportation and City of Miami Beach
Financial Project a 253087-5 79-01
Page 10 of 35
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D=Sign Envelope ID 978D3/AB87Bt4B3,FA5CE-3AE3E8789%A
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 an 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 form 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 Reed So we Naaeg iatr A R'
- No. 1_--_
AI A 1-395 Mae A,Uou Causeway Fast side or Watson West side of Fast '
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 ramming and edging the grass and tuff.
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 misting decorative bricks, mulch and otheracsthetic features currently
found within these comdors.
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 g 253087 5 78-01
Page 11 of 15
1741 of 3458
DwuSipn Envelope IO978D34AM7814834-A5CE-3AE3E976995A
C. 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 act forth in all
applicable DEPARTMENT guidelines, standards and procedures as may be
amended from time to time.
L Removing and disposing of all trimmings, roots, branches, litter, and any other
debris resulting from the activities described by (a) to (h).
j. Submitting Cane 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:
Beneze Vajta, P.E- - (305) 640-7165 or licnc; c.\ -lia z dm., iic,ll i
LOCAL GOVERNMENT Project Manager:
Alma T. fludak, City Manager - (305) 673-7010 or t itc\ Li" .reeru;:rinn:he.r�h P -
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial project a 2530875-7&01
Page r2 of 15
1742 of 345E
Docu5ign Envelope ID: 97BD34ABb7BIA834ASCE-W3E976905A
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
a 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 oroect x 253087.5.78.01
Gage 13 of 15
1743 of 3458
DocuSign Enuelapa to 978DMAB6791483 ASCEJ EX978905A
Exhibit "C"
TURF AND LANDSCAPE 1PA WORK CERTIFICATION DOCUMENT
CONTPACT NO.
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Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project a 253087 5 79 01
Page 14 of 15
1744 of 3458
DowSign Envelope ID: 918034AB-67814B34-ASCE-3AF3E916905A
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 proler, a 253087 5-78-01
Page 15 of 15
1745 of 3458
D=Sign Envelope ID. 970D34AS-67814B34-ASCE.3AE3Eg76905A
RESOLUTION NO. 2022-32359
A RESeI-UTION 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
FUNDEDAGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR TURF AND LANDSCAPE MAINTENANCE
SERVICES ON STATE ROAD A1A/1-395 (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 and 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/1-395 (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 Citys 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
1746 of 3458
DoouSign Envelope ID'. 976D34AB-67B14B34-AKE 3AE3E976905A
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 AtAll-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 � day of 064l+' 2022.
Dan Gelber, Mayor
ATTEST:
/ OCT 2 7 2012
Rafael E. Granado, City Clerk
IN[oRP DWil. j
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
(D-3-�i
CiN AttomeY Dote
1747 of 3458
Doci Envelope ID:9]BD34AB-6]B1AB34-ASLE-3AE3E8T8905A
To: Grace.RmInguerad ot,stateA.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASU75
11128/2022
CONTRACT INFORMATION
contract:
Contract Type: r:
Method of Procurement �.
Vendor Name:
Venmr ID:
Beginning Date of This Agreement:
Ending Date of This Agreement:
Contract TomVBudgetary Ceiling'.
Description:
1,75
AK - PROD PARTICIPATION (PROJ PART(
G-GOVERMENTAL AGENCY (287 057.5. S.)
CITY OF MIAMI BEACH
F596000373011
01
01
of - $22.776DO
Lands., Maintenance Agreement
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 11=12022
Action R
Original
Reviewed or Approver;'
APPROVED
prgan.tbn Coda:
55064020610
EwPansan Option.
A'
Chili Coda.
242059
Amount
S22, 176.00
Financial Project: '
a
25308757801
Wort, ActirM IFCT):
464
CFDA
Fiscal Year
023
Budget Ent"
55'.50200
Category/Categoi '-'061
Amendment 10'.
0001
Sequence
User Assigned ID'. Tim
Em, Line I6sy5talcs.
)001 T4
Total Amount: $22,776.00
Paget of 1
1748 of 3458
CONTRACTS
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 , 20by 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 11211-195
(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 253086-5-78-01, 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), 335.055, and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
Turf and landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project g 253086-5-78-01
Page 1 of 15
1751 of 3458
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 has submitted this Agreement to its LOCAL
GOVERNMENT Council/Commission for ratification or approval by resolution. A
copy of said approval 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 issuance of a
written notice to proceed by the DEPARTMENT, and the DEPARTMENT shall not
compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to
the date of 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".
C. 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.
I. 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.Vaita rr dot.state.f1.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 N 253086-5-78-01
Page 2 of 15
1752 of 3458
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 1440.003. Such approval shall be in the form
of a separstn 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 253086-5-78-01, 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).
e. There shall be no reimbursement or compensation for travel expenses under this
Agreement.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Projecta 253086-5-78-01
Page 3 of 15
1753 of 3458
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 terrtt. (Section 287.058(])(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 longerthan 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)
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
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Protect p 253086-5-78-01
Page 4 of 15
1754 of 3458
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 cost- ircurred include the LOCAL GOVERNMENT*--- 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.).
It. 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 I 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."
The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by
the Florida Legislature. (Section 216.311, F.S.).
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
employment eligibility of all new employees hired by the subcontractor during
the contract tent. (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 perforating its duties under this Agreement.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project p 253086-5-78-01
Page 5 of 15
1755 of 3458
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 11 I Avenue, Room 6205
Miami, Florida 33172
Attention: District Maintenance Engineer
To LOCAL GOVERNMENT: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received by the end of five (5) business days from the
proper sending thereof unless proof of prior actual receipt is provided.
5. INVOICING
a. The LOCAL GOVERNMENT shall submit quarterly invoices for DEPARTMENT
review, approval, and payment in accordance with this Agreement. Quarterly payments
will be made upon invoice approval in an amount not to exceed one fourth of the
eligible PROJECT costs. Each invoice shall include a completed Turf and Landscape
JPA Work Certification Document (Exhibit "C") certifying that the goods and/or
services to be completed and paid under this Agreement have been satisfactorily
completed and delivered in accordance with the required Scope of Work in Exhibit
"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
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.
Turf and landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project g 253086-5-78-01
Page 6 of 15
1756 of 3458
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 :coder 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
7. EXPIRATIONIRENEWAL
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.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project g 253086-5-78-01
Page 7 of 15
1757 of 3458
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(I)(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.
I I. 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.
12. INVALIDITY
If any pan 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
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project g 253086-5-78-01
Page 8 of 15
1758 of 3458
GOVERNMENT's negligent exercise or of its responsibilities asset 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 4 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 # 253086-5-78-01
Page 9 of 15
1759 of 3458
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and
year above written.
CITY OF MIAMI BEACH:
BY:
LOCAL GOVERNMENT MANAGER
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY:
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 # 253086-5-78-01
Page 10 of 15
1760 of 3458
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 FOOT Design Standard, guidelines, and procedures, as may be amended
from time to time.
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
condition.
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project N 253086-5-78-01
Page 31 of 15
1761 of 3458
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 interdicg 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: 253086-5-78-01
County: Miami -Dade
FDOT Project Manager:
Bencze Vajta, P.E. - (305) 640-7165 or Bencze Vaitalwdot.state.Fl.us
LOCAL GOVERNMENT Project Manager:
Eric Carpenter, City Manager - (305) 673-7010 or EricCaroenterna miamibeachfl.eov
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project a 253086-5-78-01
Page 12 of 15
1762 of 3458
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:
a Litter Pickup:
$10,912.00
• Mowing, including Edging and Weed Control: $6,452.00
Landscape Maintenance/Tree Trimming: S 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 p 253086-5-78-01
Page 13 of 15
1763 of 3458
Exhibit "C"
STATE or FEEMH /. OEM MMExn or TMASATTATIM
TURF AND L
AN
DSCAPE 1PA WORK CERTIFICATION DOCUMENT
CONTRACT NO: Ql/02/Q3/Q4:
MUNICIPALITY: INVOICE NO:
PAGE OF
ImtTIEWONo:FormtoWCompetedbythe MWiCpaldy Cerpymgandda mmn WhendWworkwasperfo .TheDepartment's
Yard Indneer, or died wee, wYl complete the portion conlrnwg that the work performed meets the IPA Scope,
location / SR
Date Work Pedomed
Utter PaEkup
Mowing•
landscaFe/tree Tramming
mments / Remarks:
MASVMITCFKFFYg16W WMCDMPIFTFDPFRCANIRHT
FWTC1Mi1R S5 KWASCOMPI DKRCONFROR
Name (Print):
ignature
Dare
Name (Pont):
ignaWre:
Date
mawng waride,oam ako mduder all"Mol Th wog and ed;ne/sreeping
Turf and landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project F 253086-5-78-01
Page 14 of 15
1764 of 3458
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 g 253OB6-5-79-01
Page 15 of 15
1765 of 3458
Dmumgn Enwbpe to a8119fi3C-DO424998-94F2-gEBC13EE3/BB
FDOT�
Florida Department of Transportation
RON DESAN'IIS 1000 NW 1 I 1 Avenue JARED W. PERDUE, P.E.
GOVERNOR Miami, Florida33172-5800 SECRETARY
Mr. Eric T. Carpenter, City Manager
City of Miami Beach
1700 Convention Center
Miami Beach, Florida 33139
(305)673-7010
C1tyMananerO-m iamibeachfl.00v
NOTICE TO PROCEED
Contract Number:
Financial Project Number:
Contract Amount:
County:
Project Description:
Dear Mr. Carpenter:
November 21. 2024
ASU74-R2 (Julia Tuttle Causeway)
2530864-78-01
$ 260,000.00
Miami -Dade
Landscape Maintenance Agreement
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 21, 2025
through March 20, 2026. The Maintenance Engineer for this agreement is Bencze Valle, 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:
1" Quarter
March 21, 2025 thru June 20, 2025
2" Quarter
June 21, 2025 thru September 20, 2025
3' Quarter
September 21, 2025 thru December 20, 2025
4� Quarter
December 21, 2025 thru March 20. 2026
If you have any questions concerning the agreement, please contact me at telephone number
(305)470-5354.
Sincerely,
maagn.a M'
ENS
W anr 3
Rena o amEero, P.E.
District Maintenance Engineer
cc: L. Salazar, K. AI -Said, B. Vajta, Z. Taylor, N. Wallace, D. Kong, D6-CFM
Improve Safety, Enhance Mobility Inspire Innovation
www fdot.gov
1766 of 3458
DocuSign Envelope ID'. FBFF67AB-A62148D9-95E0-1F44AC6ES463
FT�
Florida Department of Transportation
RON Ili % %N I IS 1U60 Fw 11 W AVENUE
GON E.R\OR NUAW, H, 3317E-5800
MEMORANDUM
January 05, 2024
TO: Whom It May Concern
FROM: Renato Marrero, District Maintenance Engineer
COPIES: Stacy Miller, Rudy Garcia, Daniel Iglesias, Cindy Capdevila,
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:
[1.�6+.r1S.layr
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
[Mamro�ul�wfe
Improve Safety, Enhance Mobility, Inspire Innovation
www.fdot.gov
1767 of 3458
Docusign Envelope ID: AA74C191-3CBA<B9C.ABB54AD93244D14A
:a
• s CONTRACT RENEWAL ss _nn,x.rn, s' ccc'a,:;1
Contract No.: ASD74 Renewal' (1st, 2nd, etc.) 2nd
Financial Project No(s). 2530864-78-01
Ccunty(ul Miami -Dade
Thus Agreement made and entered into this 20 day of _ November 2024. by and between the Slate of
'Tsa au= io x....n'., nor om,
Florida Department of Transportation, hereinafter called "Deparmen r, and City of Miami Beach 1700 Curvenhon Center
Miam. Beach, Floni 33139 hereinafter called "Contractor".
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on this 5 day of December , 2022
tTiws dale w W en¢rtd h DOT onn
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 21 day of March. 202_5 and
ending the 20 day of March, 2026 at a cost of $2fi0 g00.00,
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the Davies 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 or�"�vc r
Eric T. Carpenter, CityuManager By 16rwia alma
Contractor Name a d�illle Dlstnc' Secretary or Designee (Signaure)
'' District Director of operation
BY: / lL(l l.Fl Title.
Aulhorizec Signature r
(SEAL) Legate �u
Name of Surety
Fiscal:
City Stale Approval as to Availability of Funds
By:
Flontla licensed Insurance Agent or Date
Attorney-ld- act(Signature)
Countersigned
Florida Licensen nsuranre Agen! Data
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
A(}(--avk-i L( p
City Atfomey pore 1768 of 3458
D=sign Enwlom ID: AA74C191-3C8A409C-ABBS AD932UD14A
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 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.
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
1769 of 3458
D=vgn Envelope to AA74C191-3C8A4e9C-AB851AD93244D14A
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 11211-195 (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 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.
PASSED and ADOPTED this X day of r Wl&e 2020.
Dan Gelber, Mayor
ATTEST: OCT 2 i 2022
Rafael E. Grenado, City Clerk
i, iIN[DRP ORREDwyJ
APPROVED AS TO
FORM &LANGUAGE
EXECUTION
Io — 3--
City Attamy4�� Date
1770 of 3458 •�yf(jlrgr,
Docosign Envelope ID: AA74C191-=;A389C ABB5-4AD93244D14A
To: Dnce.RoddguaeSdOtsbte,fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASU74
11912n24
CONTRACT INFORMATION
Contras:
Contras TVpe:
Method of Procurement
Vendor Name
Vendor to:
Beginning Date of This Agreement:
Ending Date of This Agreement:
Contract TotagSudgetary Ceiling:
Description:
ASU74
AK- PROJ PARTICIPATION (PROJ PART)
O - GOVERMENTAL AGENCY (287.057, F. S.J
CITY OF MIAMI BEACH
FSNM372011
0322J2023
032012026
ct - $780 000 00
Landscape Maintenance Agreement
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDIREVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 111'712024
Ai,bon
Renewal
Reviewed or Appro
Orgar.,on Cod.
Expansion Option. AA1
APPROVED
55064020610
Ogect Cods_ �242059
Amount
$260000.00
Firrandal Proled'.
25308647801
Work Anandy(FCT)
484
CFDA:
F'orcal Vear:
2025
Budget Entity
55150200
CatogoryrCategory YBV;
088712/25
Amendment ID
L002
. Seouenw:
00
Uscr Assigned lD:
R2
En[ Line Cs)/Status:
000J/04
Total Amount: $260,000.00
Pagel of 1
1771 of 3458
D=uSign Emelope ID 72EBA666 DC574535AtOB48EODBB4F569
Florida Department of Transportation
RON DESANTIS 1000 NW I I I Avenue JARED W. PERDUE, P.E
GOVERNOR Miami, Florida 33172m%X) SECRETARY
November 17, 2023
Alina T. Hudak, City Manager
City of Miami Beach
1700 Convention Center
Miami Beach, Florida 33139
(305)673-7010
CitvManaaer6W miamibeachfl.Dov
NOTICE TO PROCEED
Contract Number.
Financial Project Number.
County:
Project Description:
Dear Ms. Hudak:
ASU74-Rl (Julia Tuttle Causeway)
253086-4-78-01
Miami -Dade
Landscape Maintenance Agreement
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 21, 2024
through March 20, 2025. 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:
1" Quarter
March 21, 2024 thru June 20, 2024
2ne Quarter
June 21, 2024 thru September 20, 2024
3" Quarter
September 21, 2024 thru December 20, 2024
0 Quarter
December 21, 2024 thru March 20, 2025
If you have any questions concerning the agreement, please contact me at telephone number
(305)470-5354.
Sincerely,
o:,aa,,.W
/a :
C�,EW S
Rene ` ` W arrro, P.E.
District Maintenance Engineer
cc: L. Salazar, K. AI -Said, B. Vajta, Z. Taylor, N. Wallace, D. Kong, D6-CFM
lmprove.Safety, Lnhance Mohiliryt hrspire 7nnovalion
un ,fidol.gov
1772 of 3458
D=Sipn Emelope ID3DD73015-38DD4225-8F4B-E035E94B2C3F
FDOTT
Florida Department of Transportation
RON DESAN-OS 605 SIIWa a Street JARE:D \V. PERDUE, P.E.
GOVERNOR Tallahaswe, FL 12399-0450 SECRETARY
MEMORANDUM
January 5, 2023
TO: Whom It May Concern
FROM: Renato Marrero, District Maintenance Engineer I y �.
COPIES: Stacy Miller, Rudy Garcia, Daniel Iglesias, Cindy
Capdevila, 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:
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.
R.M.
Improve Saferv, Enhance Mobility. /aspire lmravarion
w .fdot.gov
1773 of 3458
DowSign Envelope to 87AC16CDA4014AOB-0BA3-02BD7Aa74K3
Contract No.. ASU74
Financial Project No(s).:
County(ies): Miami -Dad
STATE OF FLOFIN OEVMTYEui OF TR.V6P ATgN cmrtay,ns Aovi a. Jra0 `T
CONTRACT RENEWAL �
Renewal: (1st, 2nd, etc.)
This Agreement made and entered into this 13 day of November 2023, by and between the State of
(rhedee to ee..e "DOTm !
Florida Department of Transportation, hereinafter called "Department', and City of Miami Beach - 1700 Convention Center
Miami Beach, Florida 33139 hereinafter called "Contractor". t
WfTNESSETH:
WHEREAS, the Department and the Contractor heretofore on this 5 day of December , 2022
(This dits to Ee ente,ea oy DOT ady)
entered into an Agreement whereby the Department retained the Contractor to perform maintenance of all turf and
landscape areas within the riahtof-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 AgreemenC
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 21 day of March, 2024 and
ending the 20 day of March, 2025 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.
City of Miami Beach
Name of Contractor
Contractor a e and Title
BY: i B
Au Ized Signature
(SEAL)
Name of Surety
City
By:
Florida Licensed Insurance Agent or Dale
AttorneyAn-Fact(Signature)
Countersigned:
F�rjpµl�IppJs�})rlsufance Agent Date
A.
LPG^ <iC:;lOti
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
District Secretary or Designee (Signature)
Title:District Director of operations
� �ty,����
Legal: l `u„�"7'""'
Fiscal:
Approval as to Availability of Funds
1 t� ( B
1774 of 3458
D uSgn Envelope ID87AC16CD- 01-0AOMBA3-02807AB745C3
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 11211-195 (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 property 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 FOOT
1775 of 3458
DwuSign Envelope 10: 87AC18CD-64Dl4ADB4BA3-02BD7A8745C3
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 112/1-195 (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 FOOT; said Agreement having an
initial one (1) year term, with the option to renew for two (2) additional one (1) year terns, by
mutual agreement of the parties.
PASSED and ADOPTED this °Z day of G hev- 12020.
Dan Gelber, Mayor
ATTEST: OCT 2 7 20Z2
Rafael E. Grenatlo, City Clerk �;.•1 ^,�
NtOW? Own!
�6.Y;9.3
^i��CH 20 s
APPROVED AS TO
FORM & LANGUAGE
FOR " (/ EXECUTION
City Atlo,neyDate
1776 of 3458 ✓�Jf�rr j�
DocuSign Envelope 10. a7AC16CD-64D14A08-3BA3-02BWAE745C3
To Grace. Rodriguezgdot.statetl. us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASU74
11I9I2023
Contract,,.,_.- ..
ASU74
Contract Type:
AK- PNOJ PARTICIPATION(PROJ PART) ,
Method of Procurement
E� G- GOVERMENTAL AGENCY (267.057.F.S.)
Vendor Name:
CITY OF MIAMI BEACH
VendorlD:
F596000372011
Beginning Data of This Ag
03/22/2023
Ending Data of This AgreemwlE
03Q02@5
Contract TotallBudgetary Ceiling: ct = $520,000,00
Description: Landscape Maintenance Agreement
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDIREVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 11MI2023
R..1
Klrviawed or Appw
Crgan¢ation Code
Expansion Option IvAl
APPROVED
55084020810
Clyect Code
242059
Amount
$260."W
Financial Project
253OW7801
Wora Activity (
464
CFDA
Flswl Yea,
Budget
CalegorylCalemi
Amendment 10
M24
551502D0
M71M4
L001
Seouance:
00
User Aasiy,MID. MR,
0002N4
Total Amount: $260,000.00
Pagel of t
1777 of 3458
DocuSgn Emetwe ID: 745FE371-144 4D35-8550-55A993904025
F�D�OT�
Florida Department of Transportation
RON DESANTIS 1000 NW I I lth Avmuc JARED W. PERDUE, P.E
GOVERNOR Mimm, Florida 33172-58Ix1 SECRETARY
December 8, 2022
Aline T. Hudak, City Manager
City of Miami Beach
1700 Convention Center
Miami Beach, Florida 33139
(305)673-7010
CitvManaaeKmmia mibeachfl.00v
NOTICE TO PROCEED
Contract Number:
Financial Project Number
County:
Project Description:
Dear Ms. Hudak:
ASU74-RO (Julia Tuttle Causeway)
2530864-78-01
Miami -Dade
Landscape Maintenance Agreement
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, 2023
through March 20, 2024. 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:
I� Quarter March 22, 2023 thru June 21, 2023
2" Quarter
June 22, 2023 thru September 21, 2023
V Quarter
September 22, 2023 thru December 21, 2023
4' Quarter
December 22, 2023 thru March 20, 2024
If you have any questions concerning the agreement, please contact me at telephone number
(305) 470-5354.
Sincerely,
Uoou9gix4 M:
W B Err ,]
Rena o arrero, P.E.
District Maintenance Engineer
cc: L. Salazar, K. AI -Said, B. Vajta, Z. Taylor, N. Wallace, D. Kong, D6-CFM
Improve Safety, linhance Mobility, Inspire Innovation
1778 of 3458
D=Sign Envelope ID: 089EE006DCFB-4A59-AnC7-1N99CC78581
FDOTT
ter- ..
Florida Department of Transportation
RON DESANTIS 1000 NW 1 I I da Avcnue KEVIN J. THIBAULT
GOVERNOR Miami, Florida 31172-SK(M) SECRETARY
MEMORANDUM
January 13, 2022
TO: Whom It May Concern �h1
FROM: Renato Marrero, District Maintenance Engineer
COPIES: Stacy Miller, Rudy Garcia, Mario Cabrera, Daniel Iglesias, Cindy
Capdevila, 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:
SA&W
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
Improve Safety, Enhance Mohi/ily, Inspire Innovation
www.fdot.gov
1779 of 3458
DocuSign Envelope ID: 207B6260F0934483AFD3-6FCF4ABE908E
ZCIZZ- JwvJ
CONTRACT # ASU74-RO
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 , 2024 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 Slate of Florida, hereinafter referred to as lhe'LOCAL GOVERNMENT'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction and maintains Slate Road 112/1-195
(Julia Tuttle Causeway) from Fast side of Intracoastal Waterway to Alton Road in the LOCAL
GOVERNMENT; and
WHEREAS, the DEPAR"fMENT, 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 Stale Right -of -Way
cunhons turf and landscape, which requires ongoing maintenance; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 2530864-78-01, 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 mumally 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 die 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 Cie, of Miami Beach
Financial Project # 253086-4-78-01
Page 1 of 15
1780 of 3458
DocuSipn Envebpe 10: 2U7B626D-F093-44538FD3-6FCF4A8E90aE
i;ie 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. 1 1
2. GENERAL REQUIREMENTS AND OBLIGATIONS OF THE PARTIES
a- The LOCAL GOVERNMENT shall submit this Agreement to its LOCAL
GOVERNMENT CounciLlCommission 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 nouix• 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 mantenanee 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".
C. 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 FOOT 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
Bcnccc Valli, dot late 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, tomados, 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 cruena or planning of
the DEPARTMENT.
Turf and taMscape Maintenance Depanment Funded Agreement
between the Florida De W rtroent of Tr..,,n.t,. and CA, of Miami Beach
Financial Proled a 253086a 7&01
Page 2 of 15
1781 of 3458
DocuSign Envelope to 207B624D-F09344838FD3-BFCF4ABE909E
i. The LOCAL GOVERNMENT shall not plant additional landscaping within the limns
of the PROJECT, without prior written approval by the DEPAR"I MENT, in accordance
with Florida Administrative Code Rule 14-40.003. Such approval shall be in the torm
of a separate written agreement that will require the LOCAL GOVERNMENT to
properly construct and maintain the additional landscaping without compensation from
the DEPARTMENT.
I. 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 PROTECT, 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 ofcompensation is included
in Exhibit "R"- Financial Summary.
b. The LOCAL GOVERNMENT shall provide quantifiable, measurable, and verifiable
units of deliverables. Fach 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 or Services described in
Exhibit "A (Section 287.058(1)(dl and (c), 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 most be received and
accepted in writing by the DEPARTMENT's Project Manager prior to payments,
(Section 287058 (1)(a), F.S.)
d. Supporting documentation must establish that the dcliverables 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).
Turt and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami learn
Financia Project A 253086-4-78-01
Page 3 of 15
1782 of 3458
DocuSign Envelope ID: 2078826D-F09344838FDMFCF4ABE908E
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 mlainage equivalent to 104/ 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 GOVERNMEN T 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 xh), 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 hid 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 dale the invoice is received or the goods or services
arc received, inspected, and approved. (Section 215.422(I), 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(I ), FS., 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 or 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 tandwape Maintenance Department funded Agreement
between the Fiorida Department of Transportation and City of Miami Beach
Financial Project a 25MM 4"79 rat
Page 4 of 1S
1783 of 3458
DoouSign Ernelope ID'. 207E6280.FO93448MFD3-6FCF4ABEGME
from a state agency. The Vendor Ombudsman may be contacted at. (850) 4 i 3-5516.
(Section 215.422(5) and (7), FS_)
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 thcfe
documents and records shall be furnished to the DEPARTMENT upon request.
Records of costs incurred include the LOCAL GOVERNMENTS 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. (n 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 arc for an amount in excess of S25,000.00 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 216.31 I, 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
it. Expressly require any contractors and subcontractors performing work or
providing services pursuant to the state contract to likewise utilim the U.S.
DEPARTMENT of Homeland Security's E-Venfy system to verify the
Turf and landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and Or, or Miami Beach
Financial Protect a 253086-4-78-01
Page 5 of 15
1784 of 3458
DocuSi9n Envelope ID: 207B62OD-FO934Q3.8FD3-6FCF4ABEWBE
employment eligibility of all new employees hued 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
Elie 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. Flonda Department of Transportation
1000 NW I I l 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
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. fn 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 a 253M 4-78-01
Page 6 of IS
1785 of 3458
Ddicu8lgn Envelope ID: 20186280-F093J4 MF03-6FCF4 EMBE
prevents the LOCAL GOVERNMENT from performing its work for a period
of one (1) month or longer.
In the event this Agreement is terminated as established in Section g 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 we authorized by the Chief Financial Officer of the State of Florida under Chapters
215 and 21C F.S. Deliverable(s) must be received and accepted in writing by the Contract
Manager on the DEPARTMENTS 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 GOVERNMENTI 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:
The LOCAL GOVERNMENT shall be assessed a non-performance retainage
equivalent W 10% of the total invoice amount. The marriage shall be applied W the
invoice for the then -current billing period. The reminage 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 mtained
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(I)(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 he deducted from the DEPARTMFNT's affected quarterly payment to the LOCAL.
GOVERNMENT, or
C. Terminate this Agreement.
Turf and Landscape Mairtenance Department Funded Agreement
between the Florida Department of Transportation and City p( Miami Beach
F,,ancial Prefect A 253086A-7"1
Page )of 15
1786 of 3458
DocuSigh Envelope lD:2UrBB28D-F0934483AFD3-WCF4ABE908E
7. EXPIRATION/RENEWAL
This Agreement is for a!erm 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 Agroement.
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(t)(cL 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.
I I. AMENDMENT
This Agreement may he 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 Ftorida Department of Transportation and City of Miami Beach
Financial Project s 253096 4 7801
Page a of is
1787 of 3458
DocuSign Envelope ID: 207B626D-F093403-BFD3-6FCF4ABE909E
12. INVALIDITY
If any patter this Agreement shal I 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. INDEMNIFjCATION
Subject to Section 768.28, Flonda Statutes, as may be amended from time to time, the LOCAL
GOVERNMENT shall promptly indemnify, defend, save and (told 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 he 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 ofelaim for indemnification. Thena6ceofclaimforbidemmication
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 indemnity 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 DEPARTMF.N"f was negligent shall
excuse performance of this provision by the LOCAL GOVERNMENT.
Turf and Landscape Maintenance Department Funded Agreement
hetween the Florida Department of Transportation and Oty of Miami Beach
Financial Project a 2930M 4-79 01
Page 9 of 15
1788 of 3458
DawSign Envelope ID: 2078828D.F093-4Q38FD36FCF4ABE908E
IN WITNESS WHEREOF, the pa.ties hereto have executed this Agreement, on the d.y
and year above written.
CITY OF MIAMI BEACH:
B
L AL GOVERNME! T MANAGER
ATTEST:
(SEAL) LOCAL GOVERNMENT CLERK
NOV I i 2022
LEGAL REVIEW:
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
n.ua�anr.e M��
BY: AsdYild.
Fat: DIS 6ORWARY
..ft. "
ATTEST. riling (1"-4e.
(SEAL) EXEC 4ftik,6"JkETARY
1� Z`J22.
LOCAL GOVERNMENT ATTORN);Y,
JQ twth
DIS OUNSEL
Turf and Landscape Maintenance Department Funded Agreement
between the Flanda Department of .rop.ninion and Otyof Miami Beaty
Financial Frojen a 253086-4-78 01
Page 10 of 15
1789 of 3458
DmiSgn Envelope IQ 2078626D-Fo934483-8FD3-6FCF4AaEW8E
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 DEPARTMENTSs 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 GOVER:NMEN'f shall maintain all
turf and landscape areas in accordance with the International Society of Arboriculture
standards, the latest FOOT Design Standard, guidelines, and procedures, as may be amended
from time to time.
Street Name I Ifrs I To
Fast side of Intracoastal
II2'1-I95 Juba futile Causeway Waterway
Alton Road
For each of the following work activities, the LOCAL GOVERNMENT shall be responsible
for performing these minimum frequencies:
• Litter Pickup -twelve (12) times per year
• Mowing, including Edging and 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 maiming and edging the gram 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 otheraesthetic 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
Tun and I andscape Maintenance Department Funded Agreement
between the Florida Department of Transpor alior and City of Mmmi Beach
Financial Protect r 253036-4-78-01
Page 11 of r5
1790 of 3458
DocuSign EnvaWpe ID: 20786260- 093448"FD3-aFCRABEW85
condition.
C. 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.
It. Removing and properly disposing of dead, diseased or otherwise deteriorated plants
in their entirely, and replacing those that fall below the standards set forth in all
applicable DEPARTMENT guideline, standards and procedures as may be
amended from time to time.
1. Removing and disposing of all trimmings, room, 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 closum 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: 253086-4-78-0I
County: Miami -Dade
FDOT Project Manager:
Bencze Vajta, P.E. - (305) 640-7165 or ticny_z_c,l';1„__din _,gn_ a. it,
LOCAL GOVERNMENT Project Manager:
Alma T. Hudak, City Manager (305)673-7010or l_in\1;uri saingin ibe.ghtl y.r
Turf and landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project a 253086 448-01
Page 12 of 15
1791 of 3458
D=Sgn Envelope ID: 207B626D-F09344838FD38FCF4ABE90BE
Exhibit "Btf
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 arc the
maximum participating compensation amounts the DEPARTMENT will make annually for each
of these work activities:
a Liner Pickup: $10,912.00
e Mowing, including Edging and Weed Control: $6,452.00
Landscape Maintenance/Tree Trimming: $242,636.00
TOTAL ANNUAL PROJECT AMOUNT ELIGIBLE FOR COMPENSATION BV
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 %rula Department of Tlansportation and Cu, of Miami Beach
Financ al Project N 253086-4 78-01
Page 13 of 15
1792 of 3458
DowSign Enve" ID: 207W260-F0934483AFD3-SFCF4ASE90SE
Exhibit "C"
TURF AND LANDSCAPE IPA WORK CERTIFICATION DOCUMENT
CONTRACT 110 QI,Q2/QI/Q4.
MUNiCIPN.RC_ _ _ _ INVOICE NO:
PAGE OF
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Lacitlpn i SR
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Irre(Arno. _
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Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Miami Beach
Financial Project IF 2530N-4-76-01
Page 14 of 15
1793 of 3458
DocuSign En"" ID: 2078628D-FUB844B FDMFCF4ASE80BE
Fshibit "D"
LOCAL GOVERNMENT's Resolution
To be herein incorporated once approved by the LOCAL GOVERNMENT Council: Commission.
Turf and Landscape Maintenance 0epartment Funded Agreement
between the Flenda Department of Transportation and Ci ty of Miami Beach
Financial Project A 1530864-78 01
Page 15 of 15
1794 of 3458
DmuSipn Envelope ID: 201BB26D.F093MB"FD3-BFCF4ABE90BE
RESOLUTION NO. 2022-32360
A RESOLUTON 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, FOOT 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 11211-195 (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 FOOT
1795 of 3458
Do Sign EmNope 10: 207BB28D-F093J383-8FD343FCF4ABE90BE
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 11211-195 (Julia Tuttle
Causeway), from the east side of the Intracoastal Waterway to Aiton 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 "hey - .2022.
Dan Gelber, Mayor
ATTEST OCT 2 7 1022
Rafael E. Granada, City Clerk _F�Floow*el
?`t
{
.11c
APPROVED AS TO
FORM & LANGUAGE
F_ 8S OR EXECUTION
City AttaneyAL Date
1796 of 3458 '�{� I
CoaSi Envolope ID: 2018626D-F0934483-6PD3-6FCF4ABE908E
To: Grace Fodriguez@dol slateit us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
ASU74
1112812D22
CONTRACT INFORMATION
ASU]4
Contraet Type[ A(- PROJ PARTICIPATION IPROJ PART)
Method of Groculeeenert _ G- GOVERMENTAL AGENCY(287.057,FS.)
Vendor Net CITY OF MIAMI BEACH
VenEorlDF596000372011
Beginning Date
Ending Date of This A,—orel l .. 192 03202024
Contratl Total(Budgetary Ceiling: _a«. 8260,00000
Dead. .;. y;.,M Landsrspa Maintenance Agreement
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 11/28/2022
Aefien:
- Onei..,
'Revlaea0a
APPROVED
55064020610
Al
Object
2420%
Amount
8260.000.00
Financial Pr.,sa
2530116117801
War, AFevay
484
CFDA:
F.1 Year.
2023
li BudgelE
55150200
Calogory/C
081
Amendment ID:
cool
Sequence:
00
Uaer Aaepneo 10:
Ene line, (BaySteatc
,:. 0001154
Total Amount: $260,000.00
Pagel of
1797 of 3458