2012-19RESOLUTION NO. 2012 -19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT -OF -WAY ON BISCAYNE BOULEVARD
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI -
DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached Contract
by and between the City of Aventura and the Florida Department of Transportation to
provide landscape maintenance services on the Florida Department of Transportation
Right -of -way on Biscayne Boulevard from the Oleta River bridge north to the Miami-
Dade /Broward County line.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Weinberg, who moved its
adoption. The motion was seconded by Commissioner Stern, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Teri Holzberg
yes
Mayor Susan Gottlieb
yes
Resolution No. 2012 -19
Page 2
PASSED AND ADOPTED this 1st day of May, 2012.
: ..-
ATTEST:
ESA M. O jA, MMC
' CLER
APPROVED AS TO LEGAL SUFFTNCY:
CITY ATTORNEY
CONTRACT #
TURF AND LANDSCAPE MAINTENANCE
JOINT PARTICIPATION AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF AVENTURA
This Agreement, is made and entered into this day of , 2012, by and
between the State of Florida Department of Transportation, a component agency of the State of
Flori +da, hereinafter referred to as the `DEPARTMENT', and the City of Aventura, 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.)
5/13iscayne Boulevard/US -1 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 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 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 CITY is currently under maintenance obligations as stipulated in Permit
Number 2001 -L -691 -2 executed by the Department on November 1, 2001; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 407334- 2- 78 -02, 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,
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 4073342 -78 -02
Page 1 of 12
the parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this
Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
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 Aventura'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: Small Machine Mowing,
Litter Removal, and Edging & Sweeping and 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 FDOT 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, 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 North Miami -Dade Maintenance Engineer, at 305-
640 -7197.
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
Agreement may be removed, relocated or adjusted at any time in the future as
found necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered or otherwise changed and maintained to meet with future criteria
or planning of the DEPARTMENT.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 2 of 12
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 TWELVE THOUSAND SIX
HUNDRED SEVENTY DOLLARS AND TWENTY NINE CENTS
($12,670.29), 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 furnish the services with which to maintain the PROJECT
LIMTS. 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 Machine Mowing
ii. Litter Removal
iii. Edging and Sweeping
iv. Landscape Maintenance
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 "B ". Deliverables
must be received and accepted in writing by the DEPARTMENT's Project
Manager prior to payments.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 3of12
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 e has been met.
h. Travel costs will not be reimbursed.
i. The 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)
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 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 or by
calling the Department of Financial Services Hotline 1- 877 - 693 -5236.
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 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.
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:
"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
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 4of12
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: Florida Department of Transportation
1000 NW 111th Avenue, Room 6205
Miami, FL 33172 -5800
Attention: District Maintenance Engineer
To CITY: City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Attention: CITY Manager
Notices shall be deemed to have been received by the end of five (5) business days from the
proper sending thereof unless proof of prior actual receipt is provided.
5. INVOICING
a. The CITY shall submit quarterly invoices for DEPARTMENT review, approval,
and payment in accordance with this Agreement. Quarterly payments will be
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 5 of 12
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, no
payment will 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 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 provide 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.
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project #E 407334- 2 -78 -02
Page 6 of 12
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.
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.
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
responsibilities 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 pertaining
to this agreement except that neither the CITY nor any of its officers, agents, employees or
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project #f 407334- 2 -78 -02
Page 7 of 12
representatives will be liable under this provision for damages arising out of injury or
damages caused or resulting from the negligence of the DEPARTMENT.
The CITY'S obligation to indemnify and defend 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 4 of this AGREEMENT.
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, specifically finding the Department was negligent
shall excuse performance of this provision by the CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF AVENTURA:
BY:
ATTEST:
(SEAL)
CITY MANAGER
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY:
Director, District Transportation
Operations
ATTEST:
(SEAL)
LEGAL REVIEW:
EXECUTIVE SECRETARY
CITY ATTORNEY DISTRICT CHIEF COUNSEL
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 8 of 12
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 S.R. 5/13iscayne Boulevard/US -1, 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, 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 and/or 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.
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 Aventura
Financial Project # 407334- 2 -78 -02
Page 9 of 12
FDOT Financial Project Number: 407334- 2 -78 -02
County: Miami -Dade
FDOT Project Manager: Alex Perez, P.E. 305- 640 -7197
CITY Project Manager: Mr. Eric M. Soroka, City Manager
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 10 of 12
Exhibit "B"
Project Limits & Financial Summary
Below are the PROJECT limits and acreage of the areas to be maintained by the CITY under this
Agreement.
myt
ROAD NAME
FROM
TO
ROAD
Total
Item Description
Quantity
5
Biscayne Boulevard /US -1
Just South of Oleta
River Bridge
Miami - Dade /Broward County Line
TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $12,670.29
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 11 of 12
Unit
Total
Item Description
Quantity
#
Total Agreement
Agreement
Current
Price
Cycles
Qtys.
Agreement
Amount
Mowing Small Machine
1.863
18
33.534
$1,173.69
(E104 4 3)
$35.00
Litter Removal
(E110 30)
4.562
18
82.116
$10.00
$821.16
Edging & Sweeping
5.328
18
95.904
$959.04
(E110 32 1)
$10.00
Landscape Maintenance
2.699
18
48.582
$9,716.40
(E 580 3 2)
$200.00
$12,670.29
TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $12,670.29
Turf and Landscape Maintenance Joint Participation Agreement
between the Florida Department of Transportation and the City of Aventura
Financial Project # 407334- 2 -78 -02
Page 11 of 12
Exhibit "C"
City of Aventura'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 Aventura
Financial Project # 407334- 2 -78 -02
Page 12 of 12