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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Stephen Alexander, City Manager
South Miami
hOd
ifITr
2001
Kelly Barket Jr., Chief Superintendent of Public Works ~
May 21, 2013 Agenda Item No.:.::::L-
A Resolution authorizing the City Manager to execute a Joint Participation
Agreement OPA) with the Florida Department of Transportation (FDOT)
for turf landscape maintenance funding in the amount of $3,980.00.
The Mayor and City Commission desire to accept the Joint Participation
Agreement OPA) with the Florida Department of Transportation (FDOT)
for turf and maintenance funding in the amount of $3,980.00 which will be
utilized for South Dixie Highway (US-I) from SW 80th Street to SW srh
Avenue.
Resolution for approval
Turf and Landscape Maintenance Joint Participation Agreement.
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Consent Agenda
RESOLUTION NO. _____ _
A Resolution 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 $3,980.00.
WHEREAS, the Mayor and City Commission desire to accept the Joint Participation
Agreement (JP A) with the Florida Department of Transportation (FDOT) for turf and maintenance
funding in the amount of $3,980.00 which will be utilized for South Dixie Highway (US-I) from SW
80th Street to SW 5ih Avenue.
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 the attached Joint
Participation Agreement (JP A) with the Florida of Transportation (FDOT) for turf and landscape
maintenance.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21 st day of=-.:.M=a:.t-..Y __ -,-, 2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
Florida Department of Transportation
RICKSCOTf
GOVERNOR
Steve Alexander, City Manager
CITY OF SOUTH MIAMI
City Hall, 1 st Floor
6130 Sunset Drive
South Miami, FL 33143
1000 NW III Avenue
Miami, FL 33172
May 6,2013
ANANTH PRASAD, P.E.
SECRETARV
RE: Turf and Landscape Maintenance Joint Participation Agreement
Contract No.: AQR17 Renewal#1
Financial No.: 403394-2-78-02
Subject: RENEWAL# 1
Dear Mr. Alexander:
The Agreement referenced above will expire on September 5th , 2013. The
Department wishes to renew this agreement for a period of one year starting on
September 6,2013, and ending on September 5,2014. If the City agrees on this
renewal, enclosed are two (2) new contract renewal documents to execute.
Please leave the date blank on the first page and return the executed documents
back to the Department before June 6, 2013.
Should you have any questions concerning this agreement, please contact me at
telephone number (305) 470-5426.
~~IY'~T ::> ., -----
<:: • Shany lanott ----__
Project Manager Assistant
cc: R. Marrero, K. AI-Said, A. Perez, file.
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
CONTRACT RENEWAL
Contract No.: AQR17 Renewal: (1st, 2nd, etc.) 1st
375·020·23
CONTRACTS ADMINISTRATION
OGC ·04/06
---------------------------------~~----------------
Financial Project No(s).: _40_3_3_9_4_-2_-7_8_-0_2 _________________________ _
County(ies): MIAMI-DADE
This Agreement made and entered into this day of " by and between the State of
--(This date to De entered oy DO I ""ollmTIY.'J --
Florida Department of Transportation, hereinafter called "Department", and _C--'ity'--of_S_o_u_th __ M_ia_m_i _________ __
hereinafter called "Contractor". ------------------
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on this_6_--= day of September, 2012
(This date to be entered by DOT only)
entered into an Agreement whereby the Department retained the Contractor to perform Turf and Landscape
maintenance elements which are outlined in the attached Exhibit "B", Project limits & Financial Summary 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 6 day of
September ' 2013 and ending the 5 day of September , 2014
at a cost of $ 3,980.00
~-------------------
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 SOUTH MIAMI STATE OF FLORIDA
Name of Contractor DEPARTMENT OF TRANSPORTATION
BY:
Contractor Name and Title ~~~~--~-~~----~----~-----District Secretary or Designee (Signature)
BY: Title:
AuthOrized Signature
~_--,,--:---:-_----_--------(SEAL) Legal: ________________ _
Name of Surety
City State
By:
Florida Licensed I nsurance Agent or Date
Attorney-In-Fact (Signature)
Countersigned:
Florida Licensed Insurance Agent Date
Fiscal: ___________ ---:---:-____________ _
Approval as to Availability of Funds
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
E-VERIFY
375·040.£8
PROCUREMENT
06/11
Contract No: '-'A=Q ..... R.!-1....,7e-_____________________ _
Financial Project No(s): ...:...4°=3:0.::3=9...:...4-..=2'-'-7-=8;......:-°=2'--_____________ _
Project Description: Turf and Landscape Joint Participation Agreement.
Vendor/Consultant acknowledges and agrees to the following:
Vendor/Consultant:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the
Vendor/Consultant during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term.
Company/Firm: City of South Miami
Authorized Signature: _______________________ _
Title:
Date:
Florida Departnlent of Transportation
IUCI(SCOTr
GOVERNOR
1000 NW III Avcnuc
Miami, FL 33172
ANANTIII'R,\SAD. P.E.
Hector Mirabile Ph.D
City Manager
CITY OF SOUTH MIAMI
City Hall, 1st Floor
6130 Sunset Drive
South Miami, FL 33143
RE: NOTICE TO PROCEED
September 61h , 2012
Contract: AQR 17 Turf and Landscape Maintenance Joint Participation
Agreement.
FIN# 403394-2-78-02
Dear Mr. Mirabile:
SECRETARY
The Department and the City of South Miami have executed the Maintenance
Joint Participation Agreement noted above for a period of one year, starting September
6th , 2012.
The City may invoice the Department after the end of each quarter according to
the schedule below.
1 St Quarter-
2nd Quarter
3 rd Quarter
4th Quarter
September 61h , 2012 thru December 5th , 2012
December 6th , 2012 thru March 5th , 2013
March 6th, 2013 thru June 5th , 2013
June 6th , 2013 thru September 5t1
" 2013
If you have any questions concerning the agreement, please contact me at
telephone number (305) 470-5354.
RG/si
cc: K. Jimmerson, R. Marrero, K. AI-Said, S. Perez, Procurement.
ECEIVE
S£P 1 2 2012
CITY MANAGER'S OFFICE
CONTRACT # ~\-=t-
TURF AND LANDSCAPE MAINTENANCE
JOINT PARTICIPATION AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY.OF SOUTH MIAMI
This Agreemen4 is made and entered into this (p ~ day 0 20 jg.by and
between the State of Florida Department of Transportation, a com onent 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, hereinafter referred to as the 'CITY'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction and maintains the State Road (S.R)
51South Dixie Highway 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 median strips on the State
Highway System within the corporate limits of the CITY; and
WHEREAS, the DEPARTMENT, at the CITY's reques4 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 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 403394-2-78-02, and has agreed to reimburse the CITY for turf and
landscape maintenance elements which are outlined in the attached Exhibit "B't, '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 Panicipation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page I of 13
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 for ratification or
approval by resolution. A copy of said resolution is attached hereto as Exhibit
"C", ~City of South Miami's Resolution', and is herein incorporated by reference.
b. 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.
c. 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' .
d. The CITY shall be responsible for performing the required maintenance with a
minimum frequency of eighteen (18) times per year for: Mowing Small Machine,
Mowing Intermediate Machine, Litter Removal and Edging & Sweeping; and
twelve (12) times per year for Landscape Maintenance.
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 FOOT Design
Standards.
f. 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 or
e-mail, of the state road(s) and the day(s) in which the CITY will be working.
The fax or e-mail shall be sent to the attention of the South Miami-Dade
Maintenance Engineer, at 305-640-7200 or keith.iimmerson@dot.state.fl.us. The
CITY shall not start working until the DEPARTMENT has advised, in writing,
that the submitted work schedule has been approved.
g. 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
payment to the CITY.
h. It is understood· between the parties hereto that all the landscaping covered by this
AgreeI\1ent may be removed, relocated or adjusted at any time in the future as
found necessary by the DEPARTMENT in order that the adjacent s~te road be
widened, altered or otherwise changed and maintained to meet with future criteria
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page 2 of 13
or planning of the DEPARTMENT.
i. The CITY shall not plant additional landscaping within the limits of the
PROJECT, without prior written approval by the DEPARTMENT, in accordance
with Florida Administrative Code Rule 14-40.003. Such approval shall be in the
form of a separate written agreement that will require the CITY to properly
construct and maintain the additional landscaping without compensation from the
DEPARTMENT. .
j. This Agreement shall not obligate the DEPARTMENT to pay the CITY to
maintain any additional landscaping, planted after the effective date of this
Agreement, within the limits of the PROJECT, and shall not obligate the CITY to
maintain any such additional landscaping.
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 DEPAR1MENT agrees to pay the CITY for the herein described services at a
compensation as detailed in this Agreement.
c. The CITY shall furnish the services. with which to maintain the PROJECT
LIMITS. Said PROJECT consists of services as detailed in Exhibit "A" of this
Agreement.
. d. Payment shall be made only after receipt and approval of goods and services
unless advanced payments are authorized by the DEPARTMENT's Comptroller
under Section 334.044(29), F.S., or by the Department of Financial Services
under Section 215.422(14}, F.S.
e. 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 and Sweeping
v. Landscape Maintenance
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page 3 ofB
f. 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 "BU. Deliverables
must be received and accepted in writing by the DEPARTMENT's Project
Manager prior to payments.
g. 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.
h. Travel costs will not be reimbursed.
1. The CITY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT bas 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)
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.
j. 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.
k. A Vendor Ombudsman bas 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.
1. 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 DEP ARTMENr
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.
m. 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:
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394·2·78-02
Page4of13
"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 TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year."
n. The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
o. The CITY:
i. Shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the
CITY during the term of the contract; and
ii. Shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term.
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:
To CITY:
Florida Department of Transportation
1000 NW III th Avenue, Room 6205
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
City of South Miami
6130 Sunset Drive, 1 st Floor
South Miami, Florida 33143
Attention: City Manager
Turf and Landscape Maintenance JOint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page 5 of 13
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 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. Each invoice shall include proof that the areas under this
Agreement were maintained using specified frequencies, at minimum. The
supporting documents showing proof of work can be properly executed payroll, or
time records, or Contractor's invoices, 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.
i. The DEPARTMENT shall initiate this procedure only if the temporary
work prevents the CITY from performing it 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. 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 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. EXPIRATIONIRENEWAL
This Agreement is for a term of one (1) year beginning on the date provide in the Notice to
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page 6 of 13
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 anyone 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.
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 and L~dscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page 7of13
13. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY
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 CITY's exercise or attempted exercise of its
resPQnsibilities as set out in this AGREEMENT, including but not limited to, any act, action,
neglect or omission by the CITY, its officers, agents, employees or representatives in any
way pertaining to this agreement, whether direct or indirect, except that neither the CITY nor
any of its officers, agents, employees or representatives will be liable under this provision for
damages arising out of injury or damages directly caused or resulting from the sole
negligence of the DEPARTMENT.
The CITY'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 CITY'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
CITY of a claim shall not release the CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY 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 CITY's evaluation of liability or its inability to evaluate liability shall not excuse the
CITY'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 solely negligent shall excuse performance of this provision by
the CITY.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page 8 of 13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF SOUTH MIAMI: STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY:CITY~~~~ B .
ATIES ~ (h,~.,-u~O. ____ ATIEST: \ \.0 (SEAL)~~ (SEAL) E;;;:XE~C~~~~;~;--
LEGAL REVIEW:
~~ -
6jJdA
DI crcmE~
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2-78-02
Page90fl3
Exhibit "A"
Maintenance Responsibilities
The CITY shall be responsible for the maintenance of all turf and landscape areas within the
DEPARTMENTs right of way on S.R. 5/South Dixie Highway, 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 CITY shall maintain the 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. The CITY's
maintenance obligations shall include but not be limited to:
a. Mowing, cutting andlor trimming and edging the grass and turf.
b. Pruning all plant materials, which include trees: shrubs and ground covers, and
parts thereof.
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 its current healthy condition.
e. Pruning such parts thereof which may present a visual or other safety hazard for
those using or intending to use the right-of-way.
f. Removing and disposing of all undesirable vegetation including but not limited to
weeding of plant beds and removal of invasive exotic plant materials. .
g. Removing and properly dispose of dead, diseased or otherwise deteriorated plants
in their entirety.
h. Removing and disposing of all trimmings, roots, branches, litter, and any other
debris.
i. 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.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project II 403394-2-78-02
Page 100fl3
FDOT Financial Project Number: 403394-2-78-02
County: Miami-Dade
FDOT Project Manager: Keith Jimmerson, P .E. 305-640-7200
CITY Manager: Dr. Hector Mirabile, PhD
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394·2·78·02
Page 11 of 13
Exhibit "B"
Project Limits & Financial Summal'Y
Below are the PROJECT limits and acreage of the areas to be maintained by the CITY under this
Agreement.
5 South Dixie Highway SW 80th Street SW 5ih Avenue
Mowing small machine
(E10443)
Mowing intermediate
machine (E104 4 4)
Litter Removal
(E11030)
Edging & Sweeping
(E110321)
Landscape Maintenance
(E580 3 2)
1.23 18
0.167 18
1.397 18
2.666 18
0.147 12
22.14 $45.00
3.006 $20.00
25.146 $13.00
47.988 $10.00
1.764 $1,200.00
TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $3,980.00
Turf and Landscape Maintenance Joint Participation Agreemcnt
between the Florida Department of Trans(lortation and thc City of South Miami
Financial Project # 403394-2-78-02
Page 12 of 13
$996.30
$60.12
$326.90
$479.88
$2,116.80
$3,980.00
Exhibit "C"
City of South Miami's Resolution
To be herein incorporated once approved by the CITY Commission.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of South Miami
Financial Project # 403394-2·78-02
Page 13 of 13
RESOLUTION 139-12-13696
. .
A Resplution authorizing tile City Manager to execute a Joint
Participation Agreement OPAl with the Florida Department Qf
"transportation (FOOT) for turf and landscape maintenance
. funding in the amount of $3,95 1.82 •..
. WHEREAS. the Mayor. and City Commission desire to accept the·Joint Participation
Agreement OPA) with the Florida Department of Transportation (FOOT) for turf and
maintenance funding in the amount of $3,95 1.82 which will be utilized for South Dixie Highway
(US-I) form SW 80TH Street to SW 57'1li Avenue. .
NOW,' THEREFORE, BE. IT RESOLVED BY THE MAYOR AND CITY
COMMISSIQN OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section I. The City Com~ission authorizes the City Manager to execute the attached
Joint Participation Agreement OPA) with the Florida Department of Transportation (FOOT) for
turf and landscape maintenance. .
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24thday of~J..;;;;u.;;;.;"lY~ __ -J' 2012·.
ATTEST: APPROVED: .
C1?~R0' ~. /lltPJJi1
FORM, COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea