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Res No 162-16-14717
RESOLUTION NO.162-16-14717 A Resolution authorizing the City Manager to execute a Department Funded Agreement (DFA)with the Florida Department of Transportation (FDOT) for turf and landscape maintenance funding in the amount of $3,980. WHEREAS,theMayorandCityCommissiondesiretoacceptthe Department Funded Agreement (DFA)withthe Florida Department of Transportation (FDOT)for turf and maintenancefundingintheamount of $3,980.00whichwillbeutilizedforSouthDixieHighway (US-1)from SW 80ffi Street to SW 57th Avenue. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1,TheCity Commission authorizes theCity Manager to execute the attached Department Funded Agreement (DFA)with the Florida of Transportation (FDOT)for turf and landscape maintenance. Section 2.If any section clause,sentence,or phrase of this resolution isforany reason heldinvalidor unconstitutional byacourt of competent jurisdiction,theholdingshallnotaffect the validity of the remaining portions of this resolution. Section 3.This resolution shalltakeeffect immediately upon adoption. PASSED AND ADOPTED this 6th day of Sept.a 2016. ATTEST:APPROVED: READ AND>tt^R0VED AS TO FORM, EXfiCl^STTHEREOF COMMISSION VOTE:4-0 Mayor Stoddard:absent Vice Mayor Welsh:yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Harris:Yea 4Jm;Soutlf Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: Via: From: Date: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager Kelly Barket Jr.,Director of Public Works September 6,2016 Agenda Item No.d- Subject: Background: Cost: Funding Sources: Support: A Resolution authorizing the City Manager to execute a Department Funded Agreement (DFA]with the Florida Department of Transportation (FDOT)for turf landscape maintenance funding in the amount of $3,980. The Mayor andCity Commission desire to accept the Department Funded Agreement (DFA)with the Florida Department of Transportation (FDOT)for turf and maintenance funding in the amount of $3,980 which willbe utilized for South Dixie Highway (US- 1)from SW80th Street toSW57th Avenue.Said agreement has a renewal option subject to the same terms and conditions of the original agreement.Renewal of this agreement will allow the Cityto continue to provide turf and landscape maintenance services at South Dixie Highway (US-1)with compensation. The reimbursement is the same amount on an annual basis for the past several years.This reimbursement amount is based ona standard formula for maintenance within FDOT Row. This amount will be altered based on the new landscaping improvement median project on USl.DuetoFDOT maintaining the project during the first two year period after the completion of the project,FDOT willfully maintain the median at itscost during this time. USl isa FDOT Roadway and this agreement isa reimbursement of funds to the City for maintenance. $3,980 FDOT Turf and Landscape Maintenance Department Funded Agreement CONTRACT #AS335 FLORIDA DEPARTMENT OF TRANSPORTATION This Agreement,is made and entered into this *%>'day oiUjJ^A^M^,20/Z by and betweentheStateofFlorida Department of Transportation,acomponent agency of theState of Florida,hereinafter referred toasthe 'DEPARTMENT',andtheCityofSouthMiami,a municipal corporation of theState of Florida,hereinafterreferredtoasthe 'LOCAL GOVERNMENT', collectively referred toasthe 'PARTIES'. RECITALS: WHEREAS,theDEPARTMENThasjurisdictionandmaintainstheStateRoad(S.R.)5 (South Dixie Highway)in the LOCAL GOVERNMENT;and WHEREAS,theDEPARTMENT,attheLOCAL GOVERNMENT'S request,hasagreed tocompensatetheLOCALGOVERNMENTforthe maintenance of turf andlandscape,hereinafter referred toas the 'PROJECT',and WHEREAS,theLOCALGOVERNMENTrecognizesthattheStateRight-of-Way contains turf and landscape,which requires ongoing maintenance;and WHEREAS,the DEPARTMENT has programmed funding forthe PROJECT under Financial Project Number 403394-3-78-01,andhasagreedto compensate theLOCAL GOVERNMENT for turf and landscape maintenance services as farther described in Exhibit "A" -Scope of Services,andinaccordancewiththeprovisions of Exhibit "B",FinancialSummary, whichexhibitsare attached hereto,and incorporated byreference;and WHEREAS,thepartieshereto mutually recognizetheneedforenteringintoanAgreement designating and setting forththe responsibilities of eachparty;and WHEREAS,the parties are authorized to enter intothis Agreement pursuant to Section 339.08(e)and 339.12,Florida Statutes (F.S.); NOW,THEREFORE,in consideration of the premises,the mutual covenants andother valuable considerations containedherein,thereceiptandsufficiency of whichare acknowledged, the parties agree as follows: 1.INCORPORATION OF RECITALS Theforegoingrecitalsaretrueandcorrectandareincorporatedintothebodyofthis Agreement,as if folly setforth herein. TurfandLandscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the Cityof South Miami Financial Project #403394-3-78-01 Page1 of 15 2.GENERAL REQUIREMENTS AND OBLIGATIONS OF THE PARTIES a.TheLOCALGOVERNMENTshallsubmitthisAgreementtoitsLOCAL GOVERNMENT Council/Commission forratificationorapproval by resolution.A copy of said resolution is attached hereto as Exhibit "D"-Local Government's Resolution,andishereinincorporated by reference. b.The LOCAL GOVERNMENT shall not commence the PROJECT until the effective dateofthis Agreement,whichshallbethedatereflectedonpage 1,andthe DEPARTMENT shall not compensate the LOCAL GOVERNMENT forany PROJECTworkundertakenpriortotheeffectivedate of this Agreement. c.TheLOCAL GOVERNMENT shallberesponsibleforthe maintenance of allareasthat have turfand 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 withthe minimum frequencies stipulated in Exhibit "A". e.All turf andlandscapemaintenanceshallbeinaccordancewiththelatestedition of the StateofFlorida"Guidefor Roadside Mowing"andthelatesteditionofthe "Maintenance Rating Program",and Index 546 ofthelatest FDOT Design Standards. f.Beforethe LOCAL GOVERNMENT startsthe work,the DEPARTMENT shallbe notified,via faxor e-mail.The faxor e-mail shallbe sent tothe attention of the South Miami-DadeMaintenanceEngineer,BrianK.Jimmerson,P.E.at brian.iimmerson@dot.state.fl.us or (305)640-7277. g.The LOCAL GOVERNMENT shall notbe responsible forthe clean-up,removal and disposal of debris from the DEPARTMENT'S right ofway 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.Itis understood between the parties hereto that all the landscaping covered by this Agreement maybe removed,relocated or adjusted atanytimeinthefutureasfound necessary bythe DEPARTMENT inorderthatthe adjacent stateroadbe widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. i.The LOCAL GOVERNMENT shall notplant additional landscaping within thelimits ofthePROJECT,withoutpriorwrittenapprovalbythe DEPARTMENT,in accordance withFlorida Administrative CodeRule 14-40.003.Such approval shallbeintheform ofaseparatewritten agreement thatwill require the LOCAL GOVERNMENT to TurfandLandscapeMaintenance Department Funded Agreement between the Florida DepartmentofTransportationandtheCityofSouthMiami Financial Project #403394-3-78-01 Page2 of 15 properlyconstructandmaintaintheadditionallandscapingwithout compensation from the DEPARTMENT. j.ThisAgreementshallnotobligatetheDEPARTMENTtopaytheLOCAL GOVERNMENT to maintain anyadditional landscaping,planted after the effective date of thisAgreement,withinthelimitsofthePROJECT,andshallnotobligatethe LOCAL GOVERNMENT to maintain anysuch additional landscaping. k.Payments tothe LOCAL GOVERNMENT shallbe made in accordance with Sections 3and5 of this Agreement. 3.FINANCIAL PROVISIONS a.The DEPARTMENT agreesto compensate the LOCAL GOVERNMENT, uptothe maximum participating annual amount of $3980.00 for completion of the services described in Exhibit "A"-Scope of Services.The method of compensation is included in Exhibit "B". b.The LOCAL GOVERNMENT shall provide quantifiable,measurable,and verifiable units of deliverables.Each deliverable must specify the required minimum level of service tobe performed andthe criteria for evaluating successful completion.The PROJECT,identified as PROJECT Number 403394-3-78-01,andthe quantifiable, measurable,and verifiable units of deliverables,consisting of the performance measures services required to perform the PROJECT Scope of Services described in Exhibit "A". (Section 287.058(l)(d)and (e),F.S.), c.Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient fora proper pre-audit and post audit based onthe quantifiable,measurable and verifiable units of deliverables as established in Exhibit "A",accompanied bythe duly executed certification document in Exhibit "C",thereby establishing thatthe Scope of Services described in Exhibit "A"have been completed.Deliverables must be received and accepted in writing bythe DEPARTMENT'S PROJECT Manager prior to payments. (Section 287.058 (l)(a),F.S.) d.Supporting documentation must establish thatthe deliverables were received and accepted in writing bythe LOCAL GOVERNMENT,or performed by the LOCAL GOVERNMENT,and must also establish that the required minimum level of service to be performed based onthe criteria for evaluating successful completion as specified in Exhibit "A"-Scope of Serviceswas met (see Exhibit "C"-Turf and Landscape JPA Certification Document). e.There shall be no reimbursement or compensation for travel expenses under this Agreement. Turfand Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the CityofSouthMiami Financial Project #403394-3-78-01 Page3 of 15 f.Paymentshallbemadeonlyafterreceiptandapproval of goodsand/or services unless advancepaymentsareauthorizedbythe Chief FinancialOfficer oftheState ofFloridaunderChapters215and216,F.S.IftheDEPARTMENT determines thatthe performance of theLOCALGOVERNMENTisunsatisfactory,theDEPARTMENTshall notifytheLOCALGOVERNMENT of thedeficiencytobecorrected,whichcorrection shallbemadewithinatime-frametobespecifiedbytheDEPARTMENT. TheLOCALGOVERNMENTshall,withinfivedaysafternoticefromthe DEPARTMENT,providethe DEPARTMENT witha corrective actionplandescribing howthe LOCAL GOVERNMENT will address all issues of contract non-performance, unacceptableperformance,failure tomeettheminimumperformancelevels,deliverable deficiencies,or contract non-compliance.Ifthe corrective action planis unacceptable to the DEPARTMENT,the LOCAL GOVERNMENT shallbe assessed a non-performance retainage equivalent to 10%ofthe total invoice amount.The retainage shall be applied to theinvoiceforthe then-current billing period.The retainage shallbe withheld untilthe LOCAL GOVERNMENT resolves the deficiency.Ifthe deficiency is subsequently resolved,theLOCAL GOVERNMENT maybillthe DEPARTMENT fortheretained amountduringthenextbillingperiod.If theLOCALGOVERNMENTisunabletoresolve the deficiency,the funds retained maybe forfeited attheendoftheAgreement's term. (Section 287.058(l)(h),F.S.). TheLOCAL GOVERNMENT providing goods and/orservicestothe DEPARTMENT should be aware ofthe following time frames.Inspection and approval of goods or services shall takeno longer than 5 working days unless thebid specifications, purchase order,or contract specifies otherwise.The DEPARTMENT has20 days to deliver a request for payment (voucher)tothe Department of Financial Services.The 20 days are measured fromthelatterofthedatethe invoice is received orthegoodsorservicesare received,inspected,and approved.(Section 215.422(1),F.S.). Ifa payment isnot available within 40 days,a separate interest penalty ata rateas established pursuantto Section 55.03(1),F.S.,willbedueand payable,in addition tothe invoice amount,tothe LOCAL GOVERNMENT.Interest penalties of less thanone (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 willresultinadelayinthe payment.The invoice payment requirements donotstartuntilaproperly completed invoiceisprovidedtothe DEPARTMENT.(Section 215.422(3)(b),F.S.) A Vendor Ombudsman has been established within the DEPARTMENT of Financial Services.ThedutiesofthisindividualincludeactingasanadvocateforLOCAL GOVERNMENT whomaybe experiencing problems in obtaining timely payment(s)from astateagency.TheVendor Ombudsman maybecontactedat(850)413-5516.(Section 215.422(5)and(7),F.S.) TurfandLandscapeMaintenanceDepartmentFundedAgreement between the Florida DepartmentofTransportationandtheCityofSouthMiami Financial Project #403394-3-78-01 Page4 of 15 g.Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request tothe DEPARTMENT atalltimes during the period of this Agreement andforfive(5)yearsafterfinal payment ismade.Copies ofthese documents andrecordsshallbefurnishedtothe DEPARTMENT uponrequest.Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records andthe PROJECT records,together with supporting documents and records,of the contractor and all subcontractors performing work onthe PROJECT,andall other records of the Contractor and subcontractors considered necessary bythe DEPARTMENT for a proper audit of costs.(Section 287.058(4),F.S.) h.In the event this contract isfor services in excess of $25,000.00 and a term fora period of more than1year,the provisions of Section 339.135(6)(a),F.S.,are hereby incorporated: "The DEPARTMENT,during any fiscalyear,shall not expend money, incur any liability,orenterintoany contract which,by its terms,involves the expenditure of money inexcess of the amounts budgeted as available for expenditureduringsuchfiscalyear.Anycontract,verbalorwritten,madein violation of this subsection isnullandvoid,andno money may be paidon suchcontract.The DEPARTMENT shall require a statement fromthe Comptroller of the DEPARTMENT thatsuchfundsare available priorto enteringintoanysuchcontractorother binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1year,butany contract so made shallbe executory only for the value of the services to be rendered or agreed tobe paid forin succeedingfiscalyears;andthisparagraphshallbe incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which haveatermfora period of more than1 year." i.The DEPARTMENT'S obligation topayis contingent upon anannual appropriation bytheFloridaLegislature.(Section 216.311,F.S.) j.The LOCAL GOVERNMENT shall: i.Utilize theU.S.DEPARTMENT of Homeland Security's E-Verify systemtoverifytheemploymenteligibility of allnewemployeeshiredbytheLOCAL GOVERNMENT during the term of the contract;and ii.Expresslyrequireanycontractorsand subcontractors performing workor providing servicespursuanttothestatecontractto likewise utilizetheU.S. DEPARTMENT of Homeland Security's E-Verify systemto verify the employment eligibility of all new employees hired bythe subcontractor during the contract term. (Executive Order Number 2011-02). Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the Cityof South Miami Financial Project #403394-3-78-01 Page5of15 The LOCAL GOVERNMENT shallinserttheaboveclauseintoany contract entered intobytheLOCALGOVERNMENTwithvendorsorcontractorshiredbytheLOCAL GOVERNMENTforpurposes of performingitsdutiesunderthisAgreement. 4.COMMUNICATIONS Allnotices,requests,demands,consents,approvals,andothercommunicationwhichare requiredtobeservedorgiven hereunder,shallbeinwritingandshallbesentbycertifiedU.S. mail,returnreceipt requested,postage prepaid,addressed tothepartytoreceivesuch notices as follows: To DEPARTMENT:Florida Department of Transportation 1000 NW 111th Avenue,Room 6205 Miami,Florida 33172-5800 Attention:District Maintenance Engineer ToLOCALGOVERNMENT:City of SouthMiami CityHall,1st Floor 6130 Sunset Drive South Miami,FL 33143 Attention:City Manager Notices shall be deemed tohavebeen received bytheendoffive(5)business days from the proper sending thereof unless proofofprior actual receipt is provided. 5.INVOICING a.The LOCAL GOVERNMENT shallsubmit quarterly invoices for DEPARTMENT review,approval,and payment in accordance with this Agreement.Quarterly payments willbemadeuponinvoice approval inanamountnottoexceedonefourth of the eligible PROJECT costs.Each invoice shall include a completed Turf and Landscape JPA Work Certification Document (Exhibit "C")certifying thatthe goods and/or services tobe completed and paid under this Agreement have been satisfactorily completed and delivered in accordance withthe required Scope ofWorkin Exhibit "A". b.Inthe event temporary work bythe DEPARTMENT'S forces orbyother Contractors temporarily preventthe LOCAL GOVERNMENT from performing thework described in this Agreement,the DEPARTMENT shall deduct from the affected quarterly payment(s)theacreageaffectedareaandonlycompensatetheLOCAL GOVERNMENT fortheactualworkitperforms. i.The DEPARTMENT shall initiate this procedure only if the temporary work preventstheLOCAL GOVERNMENT fromperformingitsworkforaperiod of one (1)monthorlonger. Turfand Landscape MaintenanceDepartment Funded Agreement between the Florida DepartmentofTransportationandtheCityofSouth Miami Financial Project #403394-3-78-01 Page6 of 15 r c.Intheeventthis Agreement isterminatedas established inSection8 herein,payment willbe prorated withinthe quarter in which termination occurs.The prorated payment shall be forapproved work meeting the requirements stipulated inthis Agreement. 6.FINANCIAL CONSEQUENCES Payment shall be madeonlyafter receipt andapproval of goods and services unless advance payments are authorized bythe 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 tobe corrected,which correction shallbemade within thirty (30)calendar daysby the LOCAL GOVERNMENT.The LOCAL GOVERNMENT shall,within five(5)days after notice fromthe DEPARTMENT,providethe DEPARTMENT witha corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non performance,unacceptable performance,failuretomeetthe minimum performance levels, deliverable deficiencies,or contract non-compliance.If the corrective action plan is unacceptable to the DEPARTMENT,the DEPARTMENT may,atits option,proceed as follows: a.The LOCAL GOVERNMENT shallbe assessed a non-performance retainage equivalent to10%of the total invoice amount.The retainage shall be applied tothe invoice forthe then-current billingperiod.The retainage shall be withheld untilthe LOCAL GOVERNMENT resolves the deficiency.If the deficiency is subsequently resolved,theLOCAL GOVERNMENT maybillthe DEPARTMENT forthe retained amount during the next billing period.If the LOCAL GOVERNMENT is unable to resolve thedeficiency,thefunds retained maybe forfeited attheend of the Agreement period.(Section 287.058(l)(fa),F.S.) b.Maintain the median or roadside area(s)declared deficient with DEPARTMENT and/ora Contractor's material,equipmentandpersonnel.Theactual cost forsuchwork willbe deducted fromthe DEPARTMENT'S affected quarterly payment tothe LOCAL GOVERNMENT;or c.Terminate this Agreement. 7.EXPIRATION/RENEWAL This Agreement isforaterm of one(1)year beginning onthe effective date of this Agreement, which shallbethedate reflected onpage 1,andmaybe renewed twice,only if mutually agreed toin writing by the DEPARTMENT and the LOCAL GOVERNMENT.Any such renewal shall be subject tothe same terms and conditions set forth inthis Agreement,and shall be contingent upon both satisfactory LOCAL GOVERNMENT performance evaluations by the DEPARTMENT andthe availability of funds. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of South Miami Financial Project #403394-3-78-01 Page7 of 15 ThisAgreementmaybeextended if mutuallyagreedinwritingbybothparties,foraperiod nottoexceedsix(6)months andshallbesubjecttothe same termsandconditionssetforthin this Agreement.Thereshallbeonlyone(1)extension of this Agreement. 8.TERMINATION This Agreement,orpart hereof,is subject to termination underanyoneofthe following conditions: a.IntheeventtheDEPARTMENTexercisestheoptionidentifiedbySection6 of this Agreement. b.Asmutuallyagreedbyboth parties. c.In accordance with Section 287.058(l)(c)9 F.S.,the DEPARTMENT shall reserve the righttounilaterallycancelthisAgreement if theLOCALGOVERNMENTrefusesto allowpublic access toanyorall documents,papers,letters,orothermaterialsmadeor received bythe LOCAL GOVERNMENT pertinenttothis Agreement whichare subjecttoprovisions of Chapter 119,oftheF.S. 9.ENTIRE AGREEMENT This Department Funded Agreement isthe entire Agreement between the parties hereto,andit maybe modified or amended onlyby mutual consent ofthe parties in writing. 10.GOVERNING LAW ThisAgreementshallbegovernedandconstruedin accordance withthelaws of theState of Florida. 11.AMENDMENT This Agreement maybe amended by mutual agreement ofthe DEPARTMENT andthe LOCAL GOVERNMENT expressed in writing,executed and delivered by each party. 12.INVALIDITY If anypart of thisAgreementshallbe determined tobeinvalidor unenforceable,theremainder of this Agreement shallnotbe affected thereby,if suchremainder continues to conform tothe termsand requirements of applicable law. TurfandLandscapeMaintenanceDepartmentFundedAgreement between the Florida DepartmentofTransportationand the CityofSouthMiami Financial Project #403394-3-78-01 Page8 of 15 13.INDEMNIFICATION Subject to Section 768.28,FloridaStatutes,asmaybe amended fromtimetotime,the LOCAL GOVERNMENT shall promptly indemnify,defend,saveand hold harmless the DEPARTMENT,its officers,agents,representatives and employees fromanyandalllosses, expenses,fines,fees,taxes,assessments,penalties,costs,damages,judgments,claims, demands,liabilities,attorney's fees,(includingregulatoryandappellatefees),andsuits of any natureorkind whatsoever causedby,arisingoutof,orrelatedtotheLOCAL GOVERNMENT'S negligent exercise or of its responsibilities asset out inthis AGREEMENT, including but not limited to,any negligent act,negligent action,negligence or omission bythe LOCAL GOVERNMENT,its officers,agents,employees or representatives inthe performance of this AGREEMENT,whether director indirect,except thatneither the LOCAL GOVERNMENT norany of its officers,agents,employees or representatives will beliable under this provision for damages arising out of injury or damages caused or resulting fromthe negligence of the DEPARTMENT. The LOCAL GOVERNMENT'S obligation to indemnify,defend and pay forthe defense of the DEPARTMENT,oratthe DEPARTMENT'S option,to participate and associate withthe DEPARTMENT inthe defense andtrial of any claim andany related settlement negotiations, shallbe triggered immediately upontheLOCAL GOVERNMENT'S receipt of the DEPARTMENT'S notice of claim for indemnification.The notice of claim for indemnification shall be deemed received ifthe DEPARTMENT sends the notice in accordance with the formal notice mailing requirements setforthin Section 5 of this AGREEMENT.The DEPARTMENT'S failuretonotifytheLOCAL GOVERNMENT of aclaimshall not release the LOCAL GOVERNMENT of the above dutyto defend and indemnify the DEPARTMENT. The LOCAL GOVERNMENT shallpayallcostsandfees related tothis obligation andits enforcement bythe DEPARTMENT.The indemnification provisions of this section shall survive termination or expiration of thisAGREEMENT,butonlywith respect tothoseclaims thatarosefromactsor circumstances which occurred prior to termination or expiration of this AGREEMENT. The LOCAL GOVERNMENT'S evaluation of liability orits inability to evaluate liability shallnot excuse the LOCAL GOVERNMENT'S dutyto defend and indemnify the DEPARTMENT under the provisions of thissection.Only an adjudication or judgment,after the highest appealis exhausted,specifically findingthe DEPARTMENT was negligent shall excuse performance of thisprovisionbytheLOCAL GOVERNMENT. Turfand Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the Cityof South Miami Financial Project #403394-3-78-01 Page9 of 15 IN WITNESS WHEREOF,theparties hereto haveexecutedthis Agreement,on theday STATE OF FLOKIDA,BEFAETMENT ^TRANSPORTATION! ATTESTS (SEAL)EXECUTE SECRETAR' LEGAL HEVBEWs BISTMCT CHIEF COUNSEL Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation andthe City of South Miami Financial Project #403394-3-78-01 Page 10 of 15 VV A H TheLOCAL GOVERNMENT shallbe responsible for the maintenance of all turf and landscape areas within theDEPARTMENT'Sright of wayontheStateRoadsbelowin accordance with all applicable DEPARTMENT guidelines,standards,and procedures,which shall include but shall notbe limited tothe Maintenance Rating Program Handbook,as may be amended from time totime.Additionally,the LOCAL GOVERNMENT shall maintain the all turf and landscape areasin accordance with the International Society of Arboriculture standards,the latest FDOT Design Standard,guidelines,and procedures,as may be amended from time to time. State Road No. Street Name From To . 5 South Dixie Highway SW 80th Street SW 57th Avenue For each of the following work activities,the LOCAL GOVERNMENT shall be responsible for performing these minimum frequencies: ©Litter Pickup -eighteen (18)timesper year ©Mowing,including edging and sweeping -eighteen (18)times per year ©Landscape/TreeTrimming -twelve (12)times per year The LOCAL GOVERNMENT shall perform a minimum of twocyclesper quarter foreach of the work activities described above. The LOCAL GOVERNMENT'S maintenance obligations shall include but not belimitedto: a.Mowing,cutting and/or trimming and edging the grass andturf. b.Pruning all plant materials,which include trees,shrubs and ground covers,and parts thereof,including allmaterialfrom private property encroaching intothe 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 willberequiredto maintain the current landscape and turf ina healthy and vigorous growing condition. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the Cityof South Miami Financial Project #403394-3-78-01 Page11of15 e.Paying forall water useandall costs associated therewith. f.Pruningsuchpartsthereofwhichmaypresentavisualorothersafetyhazardfor thoseusingorintendingtousetheright-of-way. g.Removinganddisposingofallundesirablevegetationincludingbutnotlimitedto weedingofplantbedsand removal ofinvasiveexoticplant materials. h.Removing and properly disposing of dead,diseased or otherwise deteriorated plants intheirentirety,andreplacingthosethatfall below thestandardssetforthinall applicable DEPARTMENT guidelines,standards and procedures asmaybe amended from time to time. i.Removing and disposing ofall trimmings,roots,branches,litter,andanyother debrisresultingfromtheactivities described by(a)to(h). j.SubmittingLaneClosureRequeststotheDEPARTMENTwhenmaintenance activities will require the closure ofa traffic laneinthe DEPARTMENT'S right-of- way.LaneclosurerequestsshallbesubmittedthroughtheDistrictSixLane Closure Information System,to the DEPARTMENT'S area Permit Manager andin accordance withtheDistrictSixLaneClosurePolicy,asmaybeamendedfrom time to time. FDOT Financial Project Number:403394-3-78-01 County:Miami-Dade FDOT Project Manager:Brian K.Jimmerson,P.E.305-640-7277 LOCAL GOVERNMENT Project Manager:Steven Alexander,City Manager,305-668-2510 sa\exander@jsouthmiamifl.gov TurfandLandscapeMaintenance Department Funded Agreement between the Florida Department ofTransportationand the CityofSouthMiami Financial Project #403394-3-78-01 Page12 of 15 ??B?» Financial Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall submit invoices to the DEPARTMENT as described in Section 5 of this Agreement forthe work described in Exhibit "A".The following arethe maximinn participating compensation amounts the DEPARTMENT will make annually foreach of these work activities: ©Litter Pickup: ©Mowing,including edging and sweeping:$1,536.00 ©Landscape/Tree Trimming:$2,116.00 TOTAL ANNUAL PROJECT AMOUNT ELIGIBLE FOR COMPENSATION BY THE DEPARTMENT:$3,980.00 The LOCAL GOVERNMENT may choose to exceed the required minimum maintenance frequencies for each of the work activities described above atno additional cost tothe DEPARTMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the CityofSouthMiami Financial Project #403394-3-78-01 Page13of15 CONTRACT N0:_ MUNICIPALITY: PAGE OF »?/nw SWt OF FLORIDA DEPARTMENT 0HRANSP0R1A1I0N TURF AND LANDSCAPE JPA WORK CERTIFICATION DOCUMENT Q1/Q2/Q3/Q4: INVOICE NO: Instructions:Form tobecompletedbythe Municipality certifying and documenting whentheworkwasperformed.TheDepartment's Yard Engineer,or designee,will complete the portion confirming thatthe work performed meetsthe JPA scope. Date Work Performed Location /SR LitterPickup Mowing *Landscape/Tree Trimming Comments/Remarks: MUNICIPALITY CERTIFYING WORK WAS COMPLETED PER CONTRACT T FDOT CONFIRMS WORK WAS COMPLETED PER CONTRACT Name (Print): Signature: Date: Name(Print): Signature: Date: "mowingworkdescriptionalsoincludesall types ofmowingandedging/sweeping Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the City of South Miami Financial Project #403394-3-78-01 Page14 of 15 9< TobehereinincorporatedonceapprovedbytheLOCALGOVERNMENTCouncil/Commission. Turfand Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and the Cityof South Miami Financial Project #403394-3-78-01 Page15 of 15