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8South Miami To: The Honorable Mayor & Members of the City Commission Via: Hector Mirabile, Ph.D., City Manage From: Keith A. Ng, CF M Ope do Manager Engineering and Construction Date: June 13, 2011 Agenda Item No.: Subject: Authorizing the City Manager to execute a Joint Participation Agreement between the City of South Miami and the Florida Department of Transportation for turf and landscape maintenance elements along roadside areas and median strips on State Highway Systems within corporate limits of the City of South Miami. Resolution: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a Joint Participation Agreement (AGREEMENT) between the City of South Miami (CITY) and the Florida Department of Transportation (DEPARTMENT), for turf and landscape maintenance elements along roadside areas and median strips on State Highway Systems within the corporate limits of the CITY; providing for an effective date. Background: The existing JPA (approved under Resolution Number 45- 08- 12642) for Turf and Landscape Maintenance AP579 between the CITY and DEPARTMENT expires on June 30, 2011. The attached JPA allows the CITY to continue providing turf and landscape maintenance elements along roadside areas and median strips on State Highway Systems, specifically along State Road 5 that is within corporate limits of the CITY. This Agreement is for one -year with the option to exercise two (2) one -year extensions if mutually agreed by both agencies. Furthermore, the Agreement provides a 10% increase in annual funding throughout the new Agreement period. The additional funds shall be utilized to cover the increased cost in maintaining medians along State and Federal roads. Under this Agreement, the City shall cut, trim and edge the grass; pruning but not limited to plant and tree trimmings; removing and disposing litter from roadside and median strips; remove and dispose all dead, diseased or deteriorated pants in its entirety. Said work shall be performed in accordance with the DEPARTMENT's latest edition of the "FDOT Design Standards ". Justification: By allowing the execution of the above - referenced agreement, the City shall continue to provide turf and landscape maintenance elements along roadside areas and median strips on State Highway Systems within corporate limits of the City of South Miami. Expense: $0.00 Account: 001 - 0000 - 369 -9225. Attachments: Proposed Resolution Joint Participation Agreement Resolution 45 -08 -12642 Executed 2008 JPA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION NO. A resolution of the City of South Miami, authorizing the City Manager to execute a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for turf and landscape maintenance funding in the amount of $3,951.82. WHEREAS, the Mayor and City Commission desire to accept the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for turf and Maintenance funding in the amount of $3,951.82. which will be utilized for South Dixie Highway (US -1) from SW 80th Street to SW 57th Avenue; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Commission authorizes the City Manager to execute the attached Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for turf and landscape maintenance. Section 2: The attached exhibits are incorporated by reference into this resolution. Section 3: This resolution shall take effect on the date of its adoption. Passed and adopted this _day of , 2011. Attest: City Clerk Read and approved as to form and sufficiency: City Attorney Approved: Mayor Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: � - Av�.J Florida Department of Transportation RICK scarf 605 Suwannee Street ANANTH PRASAD, P.B. GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY June 7, 2011 Hector Mirabile Ph.D City Manager Attn: Mr. Alfredo Riverol CITY OF SOUTH MIAMI City Hall,, 1st Floor 6130 Sunset Drive South Miami, FL 33143 RE: Turf and Landscape Maintenance Joint Participation Agreement Contract No.: TBA Financial No.: 403394- 2 -78 -01 Dear Mr. Mirabile: The existing JPA for Turf and Landscape Maintenance AP579 between City of South Miami and the Department expired on June 30, 2011. If your City agrees, enclosed are two (2) new contract documents. Please leave the date blank on the first page and return the executed documents back to the Department before July 1, 2011. Should you have any questions concerning this agreement, please contact me at telephone number (305) 470 - 5350, Sincerely, Shany lanotti Project Manager Assistant cc: Keith Jimmerson, Khaled AI -Said, file. RESOLUTION NO.: 45 -08- 1.2642 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION' (FDOT) FOR. TURF AND LANDSCAPE MAINTENANCE FUNDING IN THE AMOUNT OF $3,592.00; AND PROVIDING FOR AN EFFECTIVE' DATE. WHEREAS, the Mayor and City Commission desire to accept the memorandum of agreement with Florida Department of Transportation for turf and landscape maintenance funding in the amount of $3,592.00 which will be utilized for South Dixie Highway (US -1) from SW 8CP Street to SW 57th Avenue; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a memorandum of agreement with Florida Department of Transportation (FDOT) for turf and landscape maintenance. Section 2: The attached exhibits are incorporated by reference into this resolution. PASSED AND ADOPTED this ,4,t4 day of 2008. ATTEST: TY CLERK WON ilk, G� Include File Name and Path APPROVED: Z &(k A OR 6�L COMMISSION VOTE: 4 -0 MayorFeliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Wiscombe: absent Commissioner Beckman: Yea CONTRACT# JOINT TURF AND LANDSCAPE MAINTENANCE • BETWEENTHE AND THE CITY OF SOUTH MIAMI 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 the CITY OF SOUTH MIAMI a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the CITY. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction and maintains the State Road 5, in the CITY; and WHEREAS, the DEPARTMENT, as part of the continual updating of the State of Florida Highway System and for the purpose of safety, has created roadside areas and median strips on the State Highway System within the corporate limits of the CITY; and WHEREAS, the DEPARTMENT, at the CITY's request, has agreed to reimburse the CITY for the maintenance of turf and landscape, hereinafter referred to as the `PROJECT', and WHEREAS, the CITY recognizes that said median strips and roadside areas contain turf and landscape, which shall be maintained in accordance with Exhibit "A ", `Maintenance Responsibilities', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 403394- 2- 78 -01, and has agreed to reimburse the CITY for turf and landscape maintenance elements which are outlined in the attached Exhibit "B ", `Project Limits & Financial Summary', which is herein incorporated by reference; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY SOUTH MIAMI Financial Project# 403394- 2 -78 -01 Page 1 of 11 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 a. The CITY shall submit this Agreement to its CITY Commission /Council for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "C ", `CITY's Resolution', and is herein incorporated by reference. b. The CITY shall utilize the U.S. Department of Homeland Security's E- Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: i. all persons employed by the CITY during the term of this Agreement to perform employment duties within Florida; and ii. all persons, including subcontractors, assigned by the CITY to perform work pursuant to this Agreement with the DEPARTMENT. c. The CITY shall not commence the PROJECT until a Notice to Proceed has been provided from the DEPARTMENT, which shall become the effective date of this Agreement and shall not precede the date provided on page one (1) of the Agreement. d. The CITY shall be responsible for the maintenance of all areas that have turf and landscape within the DEPARTMENT's right -of -way as described in Exhibit "A ", `Maintenance Responsibilities'. e. The CITY shall be responsible for performing the required maintenance with a minimum frequency of twelve (12) times per year. f. 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 ". g. The CITY shall submit a work schedule to the DEPARTMENT. In addition, before the CITY starts the work, the DEPARTMENT shall be notified, via fax, of the state road(s) and the day(s) in which the CITY will be working. The fax shall be sent to the attention of the South Miami -Dade Maintenance Engineer, at 305- 305- 256 -6304. h. The CITY 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 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project # 403394- 2 -78 -01 Page 2 of 1I payment to the CITY. 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. 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed THREE THOUSAND NINE HUNDRED FIFTY ONE DOLLARS AND EIGHTY TWO CENTS ($3,951.82), as outlined in Exhibit `B ", `Project Limits & Financial Summary'. b. The DEPARTMENT agrees to pay the CITY for the herein described services at a compensation as detailed in this Agreement. c. The CITY shall provide the following 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. Said deliverables consists of: i. Small Mowing ii. Intermediate Mowing iii. Litter Removal iv. Edging & Sweeping v. Landscape Maintenance d. Invoices shall be submitted by the CITY in detail sufficient for a proper pre -audit and post audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Section c above and Exhibit `B ". Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. e. Supporting documentation must establish that the deliverables were received and accepted in writing by the CITY and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section "C" has been met. f. Travel costs will not be reimbursed. g. CITY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) Turf acid Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project# 403394- 2 -78 -01 Page 3 of 11 to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. h. If a payment is not available within forty (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 CITY. Interest penalties of less than one (1) dollar will not be enforced unless the CITY requests payment. Invoices have to be returned to the CITY because of CITY 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. A Vendor Ombudsman has been established within the Department of Financial Services. The Duties of this individual include acting as an advocate for the CITY who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at 850- 413 -5516. j. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the CITY'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. k. 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 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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year." Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project# 403394- 2 -78 -01 Page 4 of 11 1. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 4. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and hand - delivered or sent by either registered or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 NW 1 11th Avenue, Room 6205 Miami, FL 33172 -5800 Attention: District Maintenance Engineer To CITY: Mr. Hector Mirabile Ph.D. City of South Miami 6130 Sunset Drive 1St floor South Miami, FL 33143 5. INVOICING a. The CITY 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. All costs charged to the PROJECT, including any approved services contributed by the CITY or others, shall be supported by properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. b. In the event temporary work by the DEPARTMENT's forces or by other Contractors temporarily prevent the CITY 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 CITY for the actual work it performs. The DEPARTMENT shall initiate this procedure only if the temporary work prevents the city from performing its work for a period of one (1) month or longer. c. In the event that this Agreement is terminated, as provided in Section 8 herein, payment will not be prorated for the quarter in which termination occurs. 6. MAINTENANCE DEFICIENCIES If the District Maintenance Engineer determines that the CITY is not accomplishing its responsibilities under this Agreement, said District Maintenance Engineer may issue written notice, in care of the CITY on notice thereof. Thereafter, the CITY shall have Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project # 403394 -2 -78.01 Page 5 of I I a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may, at its option, proceed as follows: a. 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 CITY; or b. Terminate this Agreement. 7. EXPIRATION /RENEWAL This Agreement is for a term of one (1) year beginning on the date provided in the Notice to Proceed; and may be renewed twice, only if mutually agreed to in writing by the DEPARTMENT and the CITY. Any such renewal shall be subject to the same terms and conditions set forth in this Agreement, and shall be contingent upon both satisfactory CITY performance evaluations by the DEPARTMENT and the availability of funds. This Agreement may be extended if mutually agreed in writing by both parties, for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement. There shall be only one (1) extension of this Agreement. 8. TERMINATION This Agreement or part hereof, is subject to termination under any one of the following conditions: a. In the event the DEPARTMENT exercises the option identified by Section 6 of this Agreement. b. As mutually agreed by both parties. c. In accordance with Section 287.058(1)(c), F.S., the DEPARTMENT shall reserve the right to unilaterally cancel this Agreement if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this Agreement which are subject to provisions of Chapter 119, of the F.S. 9. ENTIRE AGREEMENT This Joint Participation 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. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project # 403394- 2 -78 -01 Page 6 of I1 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 CITY 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. Turf mid Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTI4 MIAMI Financial Project # 403394- 2 -78 -01 Page 7 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF SOUTH MIAMI: Im ATTEST: (SEAL) CITY MAYOR/MANAGER CITY CLERK CITY ATTORNEY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: DISTRICT SECRETARY ATTEST: (SEAL) LEGAL REVIEW: EXECUTIVE SECRETARY DISTRICT CHIEF COUNSEL Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project # 403394- 2 -78 -01 Page 8 of I1 Exhibit "A" Maintenance Responsibilities The CITY shall be responsible for the maintenance of all turf and landscape areas within the DEPARTMENT'S right of way on, SR 5, as described below: a. Mow, cut and /or trim, and edge the grass or turf in accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program ". b. Properly prune all plants, which include, but not limited to, plant and tree trimmings, in accordance with the latest edition of the "Maintenance Rating Program ". Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right -of -way. C. Remove and properly dispose of litter from roadside and median strips. d. Remove and properly dispose of dead, diseased or otherwise deteriorated plants in their entirety. e. All work by the CITY shall be executed on the roadway under a traffic control plan in accordance with DEPARTMENT'S latest edition of the "FDOT Design Standards ". FDOT Financial Project Number: 403394- 2 -78 -01 County: Miami -Dade FDOT Project Manager: Keith .Iimmerson , P.E. Tel: 305- 256 -6330 CITY Project Manager: Mr. Hector Mirabile Ph.D. City Manager Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project # 403394- 2 -78 -01 Page 9 of I I Exhibit "B" Project Limits & Financial Summary Below are the PROJECT limits and acreage of the areas to be maintained by the CITY OF SOUTH MIAMI under this Agreement. ENMEMIMEW- 5 South Dixie Hwy. SW 801h St. SW 57`" Ave. TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $ 3,951.82 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project # 403394 -2 -78.01 Page 1.0 of 11 Exhibit "C" City Resolution To be herein incorporated once approved by the CITY Commission /Council. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF SOUTH MIAMI Financial Project# 403394- 2 -78 -01 Page 11 of 11 CONTRACT # AP 579 i,.! i°�r li :. This Agreement is made and entered into this day of Jtavt 2008, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; a component agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida, existing underthe Laws of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, as a part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, has created roadside areas and median strips on that part of the State Highway System described by Attachment "A ", which by reference hereto shall become a part hereof, within the corporate limits of the CITY; and WHEREAS; the hereto is of the opinion that said median strips and roadside areas shall be attractively landscaped with various flora; 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 CITY, by Resolution No. et5 --ms9 12(4 2 dated opt lo i I os , attached hereto as Attachment "B ", which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant; and agree as follows: 1. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall be responsible for the maintenance of all landscaped and /or turfed areas within the DEPARTMENT'S right -of -way having the limits described by Attachment "A". The CITY shall be responsible for performing the work described below wither minimum frequency of twelve (12) times per year: Contract Number: AP 579 Financial Project Number; 40339417801 Page I of 11 1.1. Mow, cut, and /or trim and edge the grass or turf in accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program ". 1.2. Properly prune all plants which include plant and tree trimmings in accordance with the latest edition of the "Maintenance Rating Program ". Pruning such parts thereof which may present avisual or other safety hazard for those using or intending to use the right -of -way: 1.3. Remove and dispose of dead, diseased or otherwise deteriorated plants. 1.4. Keep litter removed from roadside areas and median strips. 1.5. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by (1.1) through (1.4) inclusively as described above. 1.6 All work by the CITY pursuant to (1.1) through (1.5) above on the Department's right of way (having the limits described by Attachment "A ") shall be executed on the roadway under a traffic plan in accordance with DEPARTMENT'S latest edition of the "FDOT Design Standards 2. WORK SCHEDULE The CITY shall submit a schedule to the DEPARTMENT containing the dates when the CITY is planning to perform the mowing work. In addition, before the CITY starts the work, the DEPARTMENT shall be notified via fax of the state road(s) and day(s) in which the CITY will be working. The fax shall be sent to the attention of the "South Dade Maintenance Engineer ", at FAX # (305) 256 -6304. 3. NATURAL DISASTERS The CITY shall not be responsible for the clean -up, removal and disposal of debris from the DEPARTMENT'S right of way having limits described by Attachment "A ", following a natural disaster (i.e. hurricane, tornados, etc.). However, the cost of any cycle or part thereof that could be impaired by any such event may be deducted from the DEPARTMENT'S affected quarterly payment to the CITY.. 4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this Agreement are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibilities, as established herein or a part thereof, are not being properly accomplished pursuant to the terms of this Agreement, said DISTRICT MAINTENANCE ENGINEER may, at his option, issue a written notice in care of the CITY MANAGER, to place said CITY on notice thereof. Thereafter, the CITY shall Contract Number: AP 579 Financial Project Number: 40339417801 Page 2 of 11 have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may, at its option, proceed as follows: 4.1. 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 CITY; or 4.2. Terminate this Agreement. 5. NOTICES 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 registered mail or 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 Northwest 111th Avenue, Room 6205 -B Miami, Florida 33172 -5800 Attention: District Maintenance Engineer To CITY: W. Ajibola Balogun, REM, CFEA City Manager /Director Public Works CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 6. LANDSCAPE MODIFICATION It is understood between the parties hereto that 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 meetwith future criteria or planning of the DEPARTMENT. 7. FINANCIAL PROVISIONS 7.1 The total maximum appropriation of this Agreement is THREE THOUSAND FIVE HUNDRED NINETY TWO ($3;592.00) peryear. Eligible project costs may not exceed this amount. The CITY shall submit quarterly invoices for DEPARTMENT review, approval, and payment in accordance with the terms of this Agreement. Quarterly lump sum payments will be made upon invoice approval in the total Contract Number: AP 579 Financial Project Number: 40339417801 Page 3 of 11 amount of THREE THOUSAND FIVE HUNDRED NINETY TWO ($3,592.00)This Agreement is a reimbursement contract. No advance funding payments are authorized herein. 7.2 The DEPARTMENT agrees to pay the CITY for the herein described services at a compensation as detailed in this Agreement. 7.3 Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 7.4 Travel costs will not be reimbursed 7.5 Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the CITY'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. 7.6 In the event this Agreement 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 contractor other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract oo 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." 7.7 The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 8. PAYMENT ADJUSTMENT In the event temporary work by the DEPARTMENT'S forces or by other Contractors temporarily prevent the CITY from performing the work described in this Agreement, Contract Number: AP 579 Financial. Project Number.: 40339417801 Page 4 of 11 the DEPARTMENT shall deduct from the affected quarterly lump sum payment(s) the acreage of the affected area and only compensate the CITY for the actual work it performs. The DEPARTMENT shall initiate this procedure only if the temporary work described in this section is for a period of one (1) month or longer. Adjustment to the CITY'S payment shall also be done as noted in Section Three (3). In the event this Agreement is terminated as established by Section Nine (9) herein, no payment will be prorated for the quarter in which termination occurs for the work that has been completed. 9. TERMINATION This Agreement, or part thereof, is subject to termination under any one of the following conditions: 9.1. In the event the DEPARTMENT exercises the option identified by Section Four (4) of this Agreement. 9.2. As mutually agreed to by both parties. 9.3. In accordance with Section 287:058(1) (c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this Agreement if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this Agreement which are subject to provisions of Chapter 119, of the Florida Statutes. 10. TERMS 10.1. The term of this Agreement shall only commence when the DEPARTMENT issues the CITY the Notice to Proceed Letter. 10.2. In accordance with Section 287.058(1)(e); Florida Statutes, this Agreement is for a term of one (1) year beginning on the date stated in the Notice to Proceed. 10.3. In accordance with Section 287.0582, Florida Statutes, the DEPARTMENT shall only appropriate the annual amount of THREE THOUSAND FIVE HUNDRED NINETY TWO ($3,592,00) per year at the beginning of each DEPARTMENT Fiscal Year (July 1). 10.4 This Agreement shall commence on July 13%, 2008, and end on June 30tH 2009. 10.5 In accordance with Section 287.058(1)(f), Florida Statutes, this Agreement may be renewed on a yearly basis for maximum of two (2) years after the initial ContiactNumber:. AP 579 Financial Project Number: 40339417801 Page 5 of I 1 term for a period no longer than the term of the original contract, whichever period is longer; only if mutually agreed to in writing by the DEPARTMENT and the CITY, subject to the same terms and conditions set forth in this Agreement. Said renewals shall be contingent upon both satisfactory CITY performance evaluations by the DEPARTMENT and the availability of future funding. 11. ATTACHMENT "A AMENDMENT It is further understood that Attachment "A" may amended or changed at any time, as mutually agreed to in writing by both parties. Payment as specified in Item Seven (7) above shall reflect such amendment or change. 12. TIME EXTENSION In accordance with Section 287.012(l 0), Florida Statutes, this Agreement may be extended if mutually agreed to in writing by both parties, for a period not exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the DEPARTMENT may; in its discretion, grant proportional increase in the total dollar amount 'based on the method and rate established herein. There shall be only one extension of this Agreement. 13. ADDITIONAL LANDSCAPING The CITY may construct additional landscaping within the limits of the right -of -way identified as a result of this Agreement, subject to the following conditions: 13.1. Plans for any new landscaping shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from said plans without the prior written approval of the DEPARTMENT. 13.2. All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; 13.3. All requirements and terms established by this Agreement shall also apply to any additional landscaping installed under this item; 13.4. The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT'S standard permit provided as Attachment "C" (not to actual size) to this Agreement, which by reference hereto shall become a part hereof. 13.5. No change will be made in the payment terms established under Section Seven (7) of this Agreement due to any increase in cost to the CITY resulting from the installation and maintenance of landscaping added under Contract Number.-AP 579 Financial Project Number., 4033941780! Page 6 of 11 this item; 13.6. in the event this Agreement is terminated as established under Section (9) herein, the CITY agrees to accept full responsibility for all maintenance activities within the entire area(s) defined by the plans and permits established as a result of this Section. The CITY shall provide this maintenance at no cost to the DEPARTMENT. 14. This writing embodies the entire Agreement and understanding between the parties hereto and there are not other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 15. This Agreement is nontransferable and non - assignable in whole or in part without consent of the DEPARTMENT. 16. This Agreement, regardless of where executed, shall be governed by and constructed in accordance with the laws of the State of Florida. - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - Contact Number: AP 579 Financial Project Number. 40339417801 Page :7 of 11 IN WITNESS WHEREOF, the patties hereto have caused these presents to be executed the day and year first above written. CITY OF SOUTH MIAMI w ATTEST: t `� its GPY G r {SsaP} Contract Number.- AP 579 Financial Project Number: 403394f7801 SATE OF (FLORIDA DEPARTMENT OF TRANSPORTATION w ATTEST- Executive Secretary BY: -strict general Goutnsei Page 8 of I I- Below is the state road, the limits, length and acreage of the areas to be maintained by the City South Miami under this AGREEMENT. STATE ROAD ROAD NAME FROM TO LENGTH (MILES) ACREAGE (MEDIANS) 5 South Dixie SW80tn SW 67" 12 1,08 Hwy. St. Ave. Contract Number.. AP 579 Financial. Project Number: 40339417801 Page 9 of 11 t Contract Number: AP 579 .Financial Project Number: 40339417801 �'` ;�; e� a r! iiv as Page 10 of 11 :�- fiL� ? a k STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SPECIAL PERMIT District Six 6/95 DATE: SECTION NO: COUNTY: STATE PROJECT NO.: (if applicable)' PERMIT NO.: STATE ROAD NO;: MILEPOST FROM: TO: RECORD. NO.: APPLICANT.' ADDRESS: CITY: STATEt ZIP CODE; TELEPHONE NO.: Applicant requests permission from the State of Florida Department of Transportation, hereinafter called the Department, to construct, operate, and maintain the facility shown in the accompanying engineering as described. here: Location of Construction, Street Name, and Nearest Intersection: 1. Is the proposed work within the corporate limits of a municipality: Yes O No ( } Name of municipality:. Local Government Contact: 2. Prior to filing this application, the location Of ail existing utilities, both aerial and underground, has beenascedalned, and the accrate locations are shown on the drawings (as applicable). A letter of notifcaron was mailed on _ to the following. 3.. It is expressly stipulated that this permit is license for permissive use this permit shall not operateervt Isd r call Y the >. a!`^!t that it is n. 4. Whenever it is determined by the Department that it is necessary for the wnslrucfion, repair, improvement, maintenance, safe and/or efficient operation, alteration, or relocation of any or all portion of said highway and /or transportation facility; the Permittee shall immediately remove anyand all installed facilities from said highway and/or transportation facility, or reset at relocate thereon as required by the Department at thepermiltee's expense. S. All work shall meet Departments Roadway and Traffic Design Standards, i igrys fp�Rggd and 8ridga ,qn Wctlon, and other applicable criteria in effect atme time of permit issuance. The work shall be performed under the inspection supervision of Permit/Maintenance Engineer located at , Telephone No. . This designated engineer shall be notified forty -eight (48) hours prior to the pre - construction -meeting and againimmediately before commencement of work. All material and equipment shall be subject to inspection by the designated . engineer orhis authorized representative. 6. All Department property: shall be restored bits original Condition as far as practical in keeping with Department Specifications, and in a. manner satisfactory to the Department, within thirty (30) days of the installation of the permitted work, unless otherwise approved by the Department. 7. A drawing covering details of this work shall be made apart ofl this permit. This drawing shall include plan, profile, and cross sectlonsas appropriate, and maybe required to bear the seal of aprofessional engineer licensed in the State of Florida. As built drawings are required:. Yes( ) No( ). 8. The Permittee shall commence actual Construction in good faith within .days from the date of said permit approval and shall' ompete construction within H. from the commencementofwork unless the permittee shows good cause for delay and the Departmentapproves an extension. No extension beyond one 9. This Construction and" 10. Special Conditions and 11 property and rights of a prior Permitfee. Vest, and the Permittee will, atali times, a loss, damage, Cost, or expense arising in said Permittee of the aforesaid rights and privileges. 12, During construction through Department acceptance of the permitted work, all safety . regulations of the Department shall including placement and display of safety devices, that may be necessary in order to safely Conduct the public through IN current edition of the d v and Tramd Design Standards, Index Series 600, and the Manual of Unfo T atrc Co 13. In Case of non - compliance with the .DepaN"enrsrequirements in effect as or the approved dale of this permit, this compliance or removed from the right -of way at no Cost to the Department, Submitted and Agreed to by: Corporate Seal Signature of Permittee Name and Title (typed) Recommended for approval: Title: Atlested Date: Approved by:. Date: District Permit Engineer orAUlhorized Representative Contract Number: AP 579 Financial Project Number 40339417801 Page 11 of 11 exercise by void and the work will be brought into STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION' CONTRACT RENEWAL Contract too.: AP 579 Renewal:: (1st, 2nd, etc.) 1st Financial Project No(s):: 40339417801' County(ies): MIAMI -DADS 976 -= -23 CONTRACTS: ADMINISTRATION OGG -W1W This Agreement made and entered into this/") day of I )e'L i 9T by and between the State of Florida Department of Transportation, hereinafter called "Department", and CITY OF SOUTH MIAMI hereinafter called "Contractor": WITNESSETItt WHEREAS, the Department and the Contractor heretofore onthis30th day of June, 2008 7%s date to be enteietl y OT On) "- entered into an Aareementwherebv the r3enarrmPnt rasnin.,i +N- r a. > : a original Contract. 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 1st day of July ; 2009 and ending the 30th day of ,tune , 2010 at cost of $ 3,592,00 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 offioers on the day, month, and year set forth above. , A CITY OF SOUTH MIAMI Name of Contractor PNXG Uf-(, CIT( V)! cc Contractor Name and PTitle BY: Authorized Signs Name of Surety. (SEAL) City State By: Florida Licensed Insurance Agent or Date Attorney -In -Fact (Signature) Countersigned: Florida Licensed Insurance Agent Date STATE OF Secretary or Designee Title:�f'LC7p{ 1 /e'�:Si !) {jL1fC1t' y Fiscal:' Approval as to Availability of Funds s"aaa a (IYAWXCftIIgr c s yr r .r aav n� rrr s r rzrx rase, r a 410Maxgea tanrr,rraztaaee tr rsc;r Alt March 31`% 2010 Carol Rubrun grants Administrator WY OF SOUTH MIAMf 6'ISO Sunset Drive South Miami, FL 33143 RE Landscape Maintenance Joint Project Agreement Cotptraet No,— AP 679 Financial Flo.: 40339417801 Subject; RERn AL ' 2 Dear firs. Aubrun: The Agreement referenced above will expire on June 30th, 2010, The Department wishes to renew this agreement for 9 period of one year starting on July 1 � 20;10, and ending on June iii ;1 2011. If the City agrees on this renewal, enclosed' are two (2) new contract renewal documents to execute: Please leave the date: blank on the firl page and return the executed documents back to the Department before May 3' , 2010. Should you have any questions concerning this agreement, please contact me at telephone number (306) 470-6426. Sincerely, Shanty la ttl Project Manager Assistant CM Keith Jirnmerson, Khaled Al -Said, Pale. STAXOP FLORM WARTMENTOF'TRWSPORTATON CONTRACT RENEWAL contract N e.; AF 57f . list, 2nd, etc.) Financial Project Mole).; 403907401 edunty(iss). MIAMIl -DARE wrw-? OOMRAOrSAW NiSTRAnb>r ow -mw This Agreement made and entered Into this daffy of , by and between the State of Crhi dataT�i��Taf' —'-` Florida. Department of Transportation, hereinafter. coiled Vepadpenr, and CITY OF SOUTH MIAMI hereinafter called "Contractor". WITNESSEtH, WHEREAS„ the Department and the Contractor heretofore on this3-0 "dara h da�+ of dune. 2000 "tinrsroa" entered Into an Agreement whereby the Department retained the contractor to perform Maintenance of all and WHEREAS, said Agreement has a renewal option which providas 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 wimosseth. that for and in consideration ofthe mutual benefits to flow each to the other: the parties agree to a renewal of said original Agreement for a period beginning the 1st day of July 82 to and ending the 0- th _ day of ,tune _ 12011 at a cost of $ 4,692 00' All terns and oorulitions of said original Agreement shalt remain in force and affeot for this renewal. IN WITNESS WHEREOF, the parties have executed this Agreement by their duty authorized officers on the day, monthi and year setforfh. above. CITY OFF SOUTH MIAMI Name of contractor Contractor Na and Title i eAuthorized Sf rature STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary or Designee ( Signature) Title: (8EAL) Legal: Name of Surety city state ep. Florida Licensed Insurance Agent or pate Attomay -In -Fact (Signature) Countersigned: Florida Licensed Insurance Agent Crate Fiscal: Approval as to Availability of Fonda srnrsorrwAIDAVE-Pnrana WOPTOANSaonrnnorE 376420n CONTRACT RENEWAL COUMACTS AVMIPlISLR TIM 0=C V fqs' Contract Na., AP 579 Renewal: ( Est, 2nd, etc.) Financial Project No(p).: 40339417501 Counfy(fesy MIAMI -DADE This Agreement made and entered into this day of by and between the State of -----tmrsaaw �, re r c`nTvr— Florida Department of Transportation, hereinafter called "Departmenf", and CITY OF SOUT14 MIAMI hereinafter called "Contmofoe'. VWTNESSETH: WHEREAS, the Department and the Contractor heretofore on fhis30111 day of ami June, 2000 """`�itrsEaDaw6 on. entered Into an Agreement whereby the Department retained the Contractor to perform m9blefloo Q,f alt landscaped and/or turfed areas within iha Departmerifs right -of way havingthe timifs described by Attachament "A"of the and l^ iEREAS, said Agreement has a renewal option which provides for a renewal if mutually agmed,to by both parties and subject to the same forms and conditions of the original Agreement; NOW, , THEREFORE, this Agreement witnesseth that for and to 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 let day of July .20 lo, and ending the 301h day of June .2011: at a cost of $ 3,592.00 All Perms and conditions of said original Agreement shell remain in force and effect for this renewal. IN WITNISSS. WHEREOF, the parties have executed this Agreement by their duty authorized ofticera on the day, month, and year set forth above, CITY OF SOUTH MIAMI Name of Contractor ont' actor it �iJ4e Gantractor trio arid: Ttte BY: dhorizedd Signatura (SEAL) Name of Surety City state By: Florida Liaepsed Insurance Agent or Date Atfomey -ln- Fact {Signature} Countersigned: Florida Licensed Insurance Agent Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary or Designee (Signature) TiOw Fiscal.. Approval as to Availability of Funds CITY OF SOUTH MIAMI City of Pleasant living 6130 Sunset Drive South Miami, FL 33143 Phone 305.663.6343 Fax 305.663.6346 Bill To: Florida Department of Transportation ATT:Shany Lanotti Shany.lanottiadot.state.fl.us 1000 NW III AVE Miami, FL 33172 DATE: 06/13/11 INVOICE: 020 Make all checks payable to City of South Miami If you have any questions concerning this invoice, contact Michelle Caloca, (305) 663 -6343 mcaloca southmiamifl.gov THANK YOU!