HomeMy WebLinkAboutR-2024-145 FDOT Beautfication Grant - E. Dania Beach BlvdREsoLUrroN NO. 2024- 146
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT AND ENTER
INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR EAST DANIA BEACH
BOULEVARD; PRO\{DING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WIIEREAS, while many median and roadside areas in the city are within the Florida
Department of Transportation (FDOT) rights of way; and
WHEREAS,theCiryCommissionandAdministrationaimtopursuethebeautificationof
all main corridors, which will be achieved via the ongoing citywide Landscape Master Ptan (LMP);
and
WHEREAS,thePublicservicesDepartmenthasretainedtheservicesofalandscape
architectural firm that is currently working on the LMP; and
WHEREAS,theCityCommissionoftheCityofDaniaBeachwishtoauthorizetheproper
city officials to apply for a FDoT',s Highway Beautifrcation Grant, which is attached as Exhibit
.,A" and made a part ofand incorporated into this Resolution by this reference and, if awarded, to
enter into a Beautification, Landscape construction and Maintenance Memorandum of Agreement
C'MMOA') between the City of Dania Beach and FDOT; and
WHEREAS, the Grant Application must be submitted by october 1,2024 and the city is
requesting funds in the amount of $ 102,000.00.
NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section l. That the above "whereas" clauses are ratified and confirmed, and they are
made a part ofand incorporated into this Resolution by this reference'
section 2. That the city commission of the city of Dania Beach authorizes the proper
city officials to apply for the Highway Beautification Grant from the Florida Department of
Transportation, which grant application is aftached as Exhibit "A" and made a part of and
incorporated into this Resolution by this reference, and if awarded the grant, to enter into a
Beautification, Landscape construction and Maintenance Memorandum of Agreement between
the city of Dania Beach and the Florida Department of Transportation for the right of way ofEast
Dania Beach Boulevard.
section 3. That the city clerk ofthe city ofDania Beach is directed to send copies of
this Resolution to the Florida Department of Transportation and all other persons directed by the
City Commission of the City of Dania Beach'
Section4.Thatifthegrantisawarded,thegrantmatchisavailableinAccountNo.
301-39-61-541-31-10.
section 5. That all resolutions or pads of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section6.ThatthisResolutionshallbeeffectivel0daysafterpassage.
PASSED AND ADOPTED ON 2024.
Motion by second by
FINAL VOTE ON ADOPTION Vna ^orts Y/
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. RYan IV
ATTEST
ARCHIBA
MAYOR
J ANELORA
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
SISE
C
2
TTORNEY
RESOLUTION #20 20.145
FLOR OA OEPARTI','ENT OF TRANSPORTATON
BEAUTIFICATION GRANT
Contract Number FM No. 000000-0-00-00
FEID No: 00-00-0000000
THIS AGREEMENT, entered into this _ day of _, 20_, by and between the State of Florida Department of
Transportation, a component agency of the State of Florlda, hereinafter called the DEPARTMENT, and _, political
subdivision of the State of Florida, located at _, hereinafter called the RECIPIENT.
WITNESSETH
WHEREAS, the DEPARTMENT and the RECIPIENT are desirous of having the RECIPIENT make certain improvements
in connection with Financial Management (FM) Number _ for landscape improvements in _ County, Florida,
located at _, herein after referred to as the Project. Refer to Exhibit "A" for a detailed Scope of Services and Exhibit
"8" for a set of Project Plans attached hereto and made a part hereof; and
WHEREAS, the Department is authorized under Sections 334.044 and 339.2405, Florida Statutes, to enter into this
Agreement, and
WHEREAS, the Florida Legislature has appropriated the amount of $_ in Fascal Year _ to the Department in order
to provide funding for highway beautiflcation programs through a certified Florida Beautification Grant at the local level, and
WHEREAS, the improvements are in the interest of both the RECIPIENT and the DEPARTMENT and it would be more
practical, expeditious, and economical for the RECIPIENT to perform such activities, and,
WHEREAS, the RECIPIENT by Resolution No. _ adopted on _,20_. a copy of which is attached hereto and
made a part hereof, authorizes the proper officials to enter into this Agreement as Exhibit "G".
1. The recitals set forth above are true and correct and are deemed incorporated herein
2. The RECIPIENT shall be responsible for assuring that the Project complies with all applicable Federal, State and
Local laws, rules, regulations, guidelines and standards, and will not dascriminate on the grounds of race, color,
religion, sex, national origin, age or disability in the performance of work under the Agreement.
3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information
pe(aining to the Project available to the RECIPIENT at no elitra cost.
5. The DEPARTMENT agrees to compensate the RECIPIENT for activitaes as described in Exhibit "B". The total cost
of the Project is estimated at $_.The DEPARTMENT agrees to pay up to a maximum amount of $_ for
actual costs incurred. The RECIPIENT shall submit progress billings to the DEPARTMENT on a quarterly basis. The
balance of the Project cost shall be the sole responsibility of and paid by the RECIPIENT. The RECIPIENT
acknowledges and agrees that the DEPARTMENT'S obligalion to make payment under the AGREEMENT is
contingent upon an annual appropriation by the Florida legislature.
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NOW, THEREFORE, in consideration of the mutual benefits to be derived from loint participation on the Project, the parties
agree to the following:
4. The RECIPIENT shall have the sole responsibilaty for resolving claims and requests for additional work for the Project.
The RECIPIENT will make best efforts to obtain the DEPARTMENT'S input in ats decisions.
F OR]DA
'IFPART]\'FNT
OF TRANSPORTATION
BEAUTIFICATION GRANT
6. This Agreement and Exhibit "C", attached hereto and made a part hereof shall act to supersede the normal
requirements of the RECIPIENT to secure a separate DEPARTMENT landscape permit and this agreement is
deemed to constitute such permit. The DEPARTMENT shall retain any rights in relation to the RECIPIENT as if it has
issued a permit.
7. The RECIPIENT shall
(a) Utilize the U.S. Department of Homeland Security's E-Veriry system to verify the employment eligibility of all
new employees hired by the RECIPIENT during the term of the contract; and
(b) 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.
8. The RECIPIENT must certify that the installation of the project is completed by a Contractor prequalified by the
DEPARTMENT as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as
amended unless otherwise approved by the DEPARTMENT in writing or exhibit past prolect experience in the last
five years that are comparable in scale, composition, and overall quality of the site identified within the scope of
services of this project.
n cEl Requirement (Check where applicable)
10. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the
RECIPIENT under any circumstances without the prior written consent of the DEPARTMENT. However, this
Agreement shall run to the DEPARTMENT and its successors.
11. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the RECIPIENT
and the DEPARTMENT untilthe Project is accepted in writing by the DEPARTMENT'S Prolect Manager as complete,
or _, whichever occurs first. The DEPARTMENT and RECIPIENT may agree to extend this Agreement in writing.
The RECIPIENT shall delegate signature authority for the RECIPIENT to County Administrator.
12. The RECIPIENT 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. The deliverables for the Pro1ect are shown in Exhibit "D" Deliverables, attached hereto and
made a part hereof. The REClPlENTwill need DEPARTMENT approval, in writing, if deviating from these deliverables
and the Landscape Plans as shown in Exhibit "8" when approved by the DEPARTMENT.
As limited by paragraph number 5, the RECIPIENT will be reimbursed for actual expenses Incurred during the
Agreement time period that are directly related to the installation of landscape improvements as set forth in this
Agreement. The RECIPIENT will submit a written progress report by the 15th day of the month following the Installation
attesting to the actual number of large and/or small plants installed, along with all irrigation parts received and installed
at the Project site. Upon completion of all outstanding contractors' deficiencies (punch-list items), the RECIPIENT will
notify the DEPARTMENT'S District Landscape Architect who is responsible for the review and acceptance of the
landscape improvements contemplated in this Agreement.
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9. Construction Engineering lnspection (CEl) services will be provided by the RECIPIENT by hiring a DEPARTMENT
prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traific Level
Training, unless otherwise approved by the DEPARTIVIENT in writing. The CEI staff shall be present on the Prolect
at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a
State of Florida Licensed Professional Engineer. The DEPARTMENT shall approve all CEI personnel. The
RECIPIENT is hereby precluded from having the same consultant firm providing deslgn services.
FLOR DA DEPARTMENT OF TRANSPORTATON
BEAUTIFICATION GRANT
13. Upon completion, and authorized by this Agreement, the RECIPIENT shall notify the DEPARTMENT an writing of the
completion for all design work that originally required certification by a Registered Landscape Architect. This
notiflcation shall contain a Landscape Architect's Certification of Compliance Letter, signed and sealed by a
Registered Landscape Architect. The certification lefter shall state that work has been completed in compliance with
the Project construction plans and specifications. lf any deviations per paragraph number 11 are found from the
approved plans, the certiflcation shall include a list of all deviations along with an explanation that justifies the reason
to accept each deviation.
'14. The RECIPIENT shall agree to maintain all landscape improvements at its sole cost and expense and in accordance
with the terms of the Landscape Maantenance Memorandum of Agreement attached hereto and made a part hereof
as Exhibit "E".
15. Upon completion and certification of the Project, the RECIPIENT must submit the Final lnvoiceto the DEPARTMENT
withan 180 days after the flnal acceptance of the Project which may follow the 365 day warranty period lnvoices
submitted after the 180 day time period may not be paid.
16. There shall be no reimbursement for travel expenses under this Agreement.
17. Payment shall be made only after receipt and approval of goods and servaces unless advance payments are
authorized by the Chief Financial Offrcer of the State of Florida under Chapters 215 and 216, Florida Statutes. lf the
Department determines that the performance of the RECIPIENT is unsatisfactory, the Department shall notify the
RECIPIENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specifled by
the Department. The RECIPIENT shall, within five days after notice from the Depa(ment, provide the Department
with a corrective action plan describlng how the RECIPIENT will address all issues of contract non-performance,
unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. lf the corrective action plan is unacceptable to the Department, the RECIPIENT shall be assessed a
non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the
invoice for the then-current billing period. The retainage shall be withheld until the RECIPIENT resolves the
deflciency. lf the deficiency is subsequently resolved, the RECIPIENT may bill the Department for the retained
amountduring the nextbilling period. lf the RECIPIENTis unableto resolve the deficiency, thefunds retained will be
forfeited at the end of the Agreement's term.
18. lnvoices shall be submitted by the RECIPIENT an detail sumcient for a proper pre-audit and post audit based on the
quantifiable, measurable and veriflable units of deliverables as established an Exhibit "8" and Exhibit "D"
Deliverables must be received and accepted in writing by the Department's Prolect Manager prior to payments.
19. Supporting documentation must establish that the deliverables were received and accepted in writing by the
RECIPIENT and must also establish that the required minimum level of service to be performed based on the criteria
for evaluating successful completion as specified in Section 12 has been met.
20. The RECIPIENT understands and agrees to comply wlth Section 20.055(5), Florida Statues, and to incorporate in all
subcontracts the obligation to understand and comply with Section 20.055(5), Florida Statutes.
21. RECIPIENT providing goods and services to the DEPARTMENT should be aware of the following time frames. The
DEPARTMENT has ('10) ten working days to inspect and approve the goods and services where working day is
defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 1 10.1 17,
Florida Statutes. The DEPARTMENT has (20) twenty working days to deliver a request for payment (voucher) to the
Department of Financial Servaces. The (20) twenty working days are measured from the latter of the date the invoice
is received or the goods or services are received, inspected and approved. The RECIPIENT providing goods and
services to the DEPARTMENT should be aware of the following time frames. lnspection and approval of goods or
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FLOR DA DEPARTMEI.IT OF IRANSPORTAT ON
BEAUTIFICATION GRANT
services shall take no longer than (20) twenty working days. The DEPARTMENT has 20 days to deliver a request for
payment (voucheo to the Department of Financial Services. The 20 days are measured from the latter of the date
the invoice is received or the goods or services are received, inspected, and approved.
22. lf a payment is not available within (40) forty days, a separate interest penalty at a rate as establashed pursuant to
Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the RECIPIENT.
lnterest penalties of less than one (1 ) dollar will not be enforced unless the RECIPIENT requests payment. lnvoices
that have to be returned to a RECIPIENT because of RECIPIENT preparation errors will result in a delay an the
payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
DEPARTMENT,
23. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for RECIPIENT who may be experaencing problems in obtaining timely payment(s) from
a state agency. The Vendor Ombudsman may be contacted at (850) 41 3-5516.
24. 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 flve 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 RECIPIENT'S general accountlng records and the Pro.ject 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.
25. ln the event this contract is for services in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) andaterm
for a period of more than one year, the provisions of Section 339. 135(6)(a), Florida Statutes, 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 funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
26. The administration of resources awarded through the Depa(ment to the Recipient by this Agreement may be subject
to audats and/or monitoring by the Department. The following requirements do not limit the authority of the Department
to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the
authority of any state agency inspector general, the Audltor General, or any other state official. The Recipient shall
comply with all audit and audit reportang requirements as specified below.
(a) ln addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By
entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the state Chief
Financial Ofiicer (CFO) or Audltor General.
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FLOR DA DEPARTMENT OF IRANSPORTAT ON
BEAUTIFICATION GRANT
(b) The Recipient, as a "nonstate entity" as defined by Section 215.97(2Xn), Florida Statutes, and as a recapient of
state financial assistance awarded by the Department through thls Agreement is subject to the following
requirements:
ii) ln connection with the audit requirements, the Recipient shall ensure that the audit complies with the
requirements of Section 215.97(8), Florida Statutes. This includes submission of a flnancial reporting
package as defined by Section 2'15.97(2Xe), Florida Statutes, and Chapters 10.550 (local government
entities) or 10.650 (non-profit and for-profit organizations), Rules ofthe Auditor General.
iii) lf the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state
financial assistance in a fiscal year, an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required, however, the Recipient must provide to the Department a certiflcation of
exemptionto@nolaterthan9monthsaftertheendoftheRec|pient,sfiScal
year for each appllcable audit year. ln the event that the Recipient expends less than the threshold
established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year and elects to
have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the
Recipient's resources obtained from other than State entities).
iv) Copies of financial reporting packages required by this Agreement shall be submitted to
Florlda Department of Transpo(ation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSrnqleAudit@dot. state.fl. us
and
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i) ln the event that the Recipient expends a total amount of state financial assistance equal to or in excess of
the threshold established by Section 215.97, Flotida Statutes, in any fiscal year of the Recipient, the
Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes, applicable rules of the Department of Financial Services; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General.
Exhibit "F" to this Agreement provides the specific state flnancial assistance information awarded through
the Department by this Agreement needed by the Recipient to further comply with the requirements of
Section 215.97, Florida Statutes. ln determining the state financial assastance expended in a fiscal year,
the Recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance
does not include Federal direct or pass{hrough awards and resources received by a non-state entity for
Federal program match ing requirements.
State of Florida Auditor General
Local Government Audits/342
1 1 1 West Madison Street, Room 401
Tallahassee. FL 32399-1450
Email: @
v) Any copies of financial reporting packages, reports, or other information required to be submitted to the
Department shall be submitted timely in accordance with Section 215.97, Flotida Statutes, and Chapters
FLoRroA
'E'ARTMENT
oF rRANSpoRraroN pRoDUcnoNtT;.S;f
BEAUTIFICATION GRANT occ-07t17
10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Audltor
General, as applicable.
vi) The Recipient, when submifting flnancial reporting packages to the Department for audits done in
accordance with Chapters 10.550 (local governmental entaties) or 10.650 (non-profit and for-profit
organizations), Rules ofthe Auditor General, should indicate the date the reporting package was delivered
to the Recipient in correspondence accompanying the reporting package.
vii) Upon receipt, and within 6 months, the Department shall review the Recipient's Rnancial reporting package,
including the management letters and corrective action plans, to the extent necessary to determine whether
tjmely and appropriate corrective action has been taken with respect to audit findings and recommendations
pertaining to the state financial assistance provided through the Department by this Agreement. lf the
Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department
may take appropriate corrective action to enforce compliance, in accordance with Section 215.97(8Xl),
Florida Statutes.
viii) As a condition of receiving state financial assistance, the Recipient shall allow the Department, or its
designee, the CFO or Auditor General access to the Recipient's records, including project records, and the
independent auditor,s working papers as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
(c) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for
a period of flve years from the date the audit report is issued, and shall allow the Department, or its designee,
the CFO or Auditor General access to such records upon request. The Recipient shall ensure that the audit
working papers are made available to the Department, or its designee, the CFO, or Auditor General upon
request for a period of five years from the date the audit report as issued, unless extended in writing by the
Department.
(d) The RECIPIENT shall allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the RECIPIENT in conjunction with this
Agreement. Failure by the RECIPIENT to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
28. The Agreement afflrms that RECIPIENT is aware of the provisions of Section 287.133(2\(a), Florida Statutes. A
person or afflliate who has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287 .017 , Flotida Statutes, for CATEGORY TWO for a period of tharty six
(36) months from the date of being placed on the convicted vendor list The RECIPIENT agrees that itshall not violate
Section 287.133(2)(a), Florida Statutes, and turther acknowledges and agrees that any conviction during the term of
this Agreement may result in the lermination of this Agreement.
29. The RECIPIENT affirms that it is aware of the provisions of Section 287.134(21(a\, Florida Statutes. An entity or
afflliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any
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27. The RECIPIENT warrants that it has not employed or obtained any company or person, other than bona fade
employees of the RECIPIENT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company,
corporation, individual or flrm, other than a bona fide employee employed by the RECIPIENT. For breach or violation
of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability.
FLOR DA DEPARTMENI OF IRANSPORTAI ON
BEAUTIFICATION GRANT
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or publlc work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any publac entity,
and may not transact busanesswith any public entity. The RECIPIENT further agrees that it shall not violate Section
287.134(2)la\, Florida Statutes, and acknowledges and agrees that placement on the list during the term of this
Agreement may result in the termination of this Agreement
30. CLAIMS: When the Department received notice of a claim for damages that may have been caused by the
RECIPIENT in the performance of services required under this Agreement, the Department will immediately forward
the claim to the RECIPIENT.
31. ln a contract executed between the RECIPIENT and one or more contractors arising out of this Agreement, such
contract shall state that:
To the fullest extent permitted by law the RECIPIENT'S contractor shall andemnify and hold harmless the RECIPIENT,
the State of Florida, Department of Transportation, and its offlcers and employees, from liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful conduct of contractor and persons employed or utalized by contractor in the
performance of this Contract.
To the fullest extent permitted by law, the RECIPIENT's consultant shall indemnify and hold harmless the RECIPIENT,
the State of Florida, Department of Transportation, and its officers and employees from llabilities, damages, losses,
and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the
professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons
employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the
termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of
the State of Florida and RECIPIENT'S sovereign immunaty.
32. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Florida.
ln theeventof a conflict between any portion of the contract and Florida law, the laws of Florlda shall prevail. The
RECIPIENT agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in
which any dispute under this agreement is decided.
33. This document incorporates and includes all prior negotiations. correspondence, conversations, agreements, or
understandings applicable to the matters contained herein, and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not contained in this
document except the Landscape Maintenance Memorandum of Agreement between the DEPARTMENT and the
RECIPIENT which is included as Exhibit "E". Accordingly, it is agreed that no deviation from lhe terms hereof shall
be predicated upon any prior representation or agreements whether oral or written. lt is further agreed that no
modiflcation, amendment, or alteration in the terms and conditions contaaned herein shall be effective unless
contained in a written document executed with the same formality and of equal dignity herewith.
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This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended
to nor shall it constitute a waiver of the State of Florida and RECIPIENT'S sovereign immunity.
ln a contract executed between the RECIPIENT and one or more consultants arising out of this Agreement, such
contract shall state that:
FLOR DA OEPARTNIENT OF TRANSPORTAT ON
BEAUTIFICATION GRANT
34. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally
delivered with receipt acknowledged or sent by certified mail, return receipt requested All notices delivered shall be
sent to the following addresses:
650-O5G10
PROOUCTION SUPPORT
occ-07/17
lf to the DEPARTMENT:
State of Florida Department of Transportation
lf to the RECIPIENT
Contact
Title:
A second copy to
Exhibit A:
Exhibit B'
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit Fl
Exhibit G
VMth a copy to
Scope of Services
Project Plans
Permit Requirements
Deliverables
Landscape Maintenance Memorandum of Agreement
State Financial Assistance (Florida Single Audi Act)
Agency Resolution
lN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified herein.
Authorizataon has been given to enter into and execute this Agreement by Resolution_,
hereto attached.
BOARD OF COUNTY COMMISSIONERS
COUNry
BY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY
Authorized Signature Authorized Signature
(Print/Type)
NAME
TITLE
(Print/Type)
(PrinUType)(Pint/Type)
Print Name
APPROVED AS TO FORM & LEGAL
SUFFICIENCY:
LEGAL REVIEW:
Oftice ofthe General Counsel (Date)
(SEAL)(SEAL)
Name, County Attorney
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35. LIST OF EXHIBITS
Attentaon:
Title:
NAME:
TITLE
DATE:
ATTEST:
TITLE:
ATTEST:
TITLE:
FLOR DA DEPARTMENT OF TRANSPORTATION
BEAUTIFICATION GRANT
EXHIBIT A
SCOPE OF SERVICES
The RECIPIENT (_ Board of County Commissioners) agrees to make certain landscape improvements ofl _,
Florida, and will subsequently furnish, construct, and inspect the landscape as shown in the plans and specifications
prepared by _, dated _. The following conditions shall apply:
(a) The current Florida Department of Transportation Design Standard lndex 546 must be adhered to
(c) Landscape materials shall not obstruct roadside signs or the outdoor adve(ising view zones for permitted outdoor
advertising signs per Florida Statutes 479.106.
(d) Landscape materials shall be of a size, type and placement so as not to impede large machine mowing that the
DEPARTMENT currently provides and will continue to provide at the same frequency.
(e) Should the RECIPIENT elect to design, furnish and construct irrigation, all costs associated with water source
connection(s), continued maintenance of the distribution system and water, and electricity costs shall be born solely
by the RECIPIENT. All permits (including tree permits), fees, and any mitigation associated wlth the removal, relocation
or adjustments of these improvements are the RECIPIENT'S responsibility.
(f) During the installation of the Project and future maintenance operations, maintenance of trafflc shall be in accordance
with the current edition ofthe MUTCD and the current Department Design Standards.
(g) lf there is a need to restrict the normal flow of traffic it shall be done in accordance with the approved Maintenance of
Traffic Plan (see Exhibit B). The party performing such work shall give 48 hour notice to the local law enforcement
agency within whose jurisdiction such road is located prior to commencing work on the Project. The DEPARTMENT'S
Public lnformation Office shall also be notified by phone at _ at least 48 hours in advance.
(h) The RECIPIENT shall be responsible to clear all utilities within the Project limits
650-050-10
PROOUCT ON SUPPORToca aTt17
Page I of 18
(b) Lateral offset as specified in the Design Manual or Plans Preparation Manual.
FLOR DA DEPARTIIENT OF TRANSPORTAT ON
BEAUTIFICATION GRANT
EXHIBIT B
PROJECT PLANS
Please see attached plans prepared by
of
Dated
650-050-10
PRODUCTION SUPPORT
occ-0Tt17
Page 10 of 18
FLOR DA DEPARTMENT OF TRANSPORTATON
BEAUTIFICATION GRANT
EXHIBIT C
PERMIT REQUIREMENTS
The Prolect shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard
Speciflcations for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic
Control Devices ('MUTCD'). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the
DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges,
AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM"),also known as
the "Design Manual", Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The RECIPIENT will be
required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work
being commenced. Should any changes to the plans be required during construction of the Project, the RECIPIENT
shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the
changes being constructed. The RECIPIENT shall maintain the area of the project at all times and coordinate any work
needs of the DEPARTMENT during construction of the project.
2. The RECIPIENT shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within
DEPARTMENT right of way. The RECIPIENT shall notiry the DEPARTMENT should construction be suspended for
more than 5 working days. The DEPARTI\iIENT contact person for construction is _ at _ located at _,
Telephone number _, Email address _.
4. The RECIPIENT shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that
all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly
with the applicable utility.
5. The RECIPIENT will be responsible for obtaining all permits that may be required by other agencies or local
governmental entities.
650-050-10
PRODUCTION SUPPORTocc 07117
Page 11 of 18
3. The RECIPIENT shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT")
throughout the course of the project in accordance with the latest edition ofthe DEPARTMENT Standard Specifications,
section 102. The RECIPIENT is responsible for the development of a MOT plan and making any changes to that plan
as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards,
lndex 600 series. Any MOT plan developed by the REClPlENTthat deviates from the DEPARTMENT Design Standards
must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to
implementation.
6. lt is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting
from this Agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the
DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest
any property right to or in the RECIPIENT, except as may otherwise be provided in separate agreements. The
RECIPIENT shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind
whatsoever, by virtue ofthe execution, operation, effect, or performance ofthis Agreement including, but not limited to,
the RECIPIENT'S use, occupancy or possession of DEPARTMENT right ofway. The parties agree that this Agreement
does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to
chapter 163, Florida Statutes.
7. The RECIPIENT shall not cause any liens or encumbrances to attach to any portion ofthe DEPARTMENT'S property,
including but not limited to, DEPARTMENT RIGHT-OF-WAY.
FLOR]DA DEPARTI\4ENT OF TRANSPORTATION
BEAUTIFICATION GRANT
650 050 10
PROOUCT ON SUPPORT
occ - 07/17
8. The RECIPIENT shall perform all required testing associated with the design and construction of the prolect. Testing
results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform
its own independent testing during the course of the Project.
9. The RECIPIENT shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and
workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all
applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations,
policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to
time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida
Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United
States Coast Guard and local governmental entities.
10. lf the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its
discretion, cause constructjon operations to cease and immediately have any potential hazards removed from its right
ofway atthesolecost, expense, and effort of the RECIPIENT. The RECIPIENT shall bearall construction delay costs
incurred by the DEPARTMENT.
12. The RECIPIENT will be solely responsible for clean up or restoration required to correct any environmental or health
hazards that may result from construction operations.
13. The RECIPIENT will be required to maintain the Project until flnal acceptance by the DEPARTMENT. The acceptance
procedure will include a final "walk-through" by RECIPIENT and DEPARTMENT personnel. Upon completion of
construction, the RECIPIENT will be required to submit to the DEPARTMENT final as-built plans and an engineering
certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include
one complete set of the signed and sealed plans on 1 1" X 17" plan sheets and an electronic copy prepared in Portable
Document Format (PDF). Prior to the termination of this Agreement, the RECIPIENT shall remove its presence,
including, but not limited to, all of the RECIPIENT'S property, machinery, and equipment from DEPARTMENT right of
way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Prolect to
substantially the same condition that existed immediately prior to the commencement of the Prolect.
14. lf the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement,
the DEPARTMENT shall deliver written notification of such to the RECIPIENT. The RECIPIENT shall have thirty (30)
days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the RECIPIENT and the
DEPARTMENT mutually agree to in writing, to eomplete the Project and provide the DEPARTMENT with written notice
of the same (the "Notice of Completion"). lf the RECIPIENT fails to timely deliver the Notice of Completion, or if it is
determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT,
within its discretion may: 1) provide the RECIPIENT with written authorization granting such additional time as the
DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the RECIPIENT's
sole cost and expense, without DEPARTMENT liability to the RECIPIENT for any resulting loss or damage to property,
including, but not limited to, machinery and equipment. lf the DEPARTMENT elects to correct the deficiency(ies), the
DEPARTMENT shall provide the RECIPIENT with an invoice for the costs incurred by the DEPARTI/ENT and the
RECIPIENT shall pay the invoice within thirty (30) days of the date of the invoice.
15. The RECIPIENT shall implement best management practices for erosion and pollution control to prevent violation of
state water quality standards. The RECIPIENT shall be responsible for the correction of any erosion, shoaling, or water
quality problems that result from the construction of the Prolect.
11. The RECIPIENT shall be responsible to maintain and restore all features that might require relocation within the
DEPARTMENT right of way.
Page 12 of 18
FLOR DA DEPARTi,IENI OF IRANSPORTAT ON
BEAUTIFICATION GRANT
16. Portable Trafflc Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of
your proposed work. lt is the responsibility of the RECIPIENT to locate and avoid damage to these sites. lf a PTMS or
TTMS is encountered during construction, the Planning and Environmental Management Office (PL&EM) must be
contacted immediately at _
17 During construction, highest priority must be given to pedestrian safety. lf permission is granted to temporarily close a
sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously
maintain pedestrian features to meet Americans Disability Act (ADA) standards.
18. Restricted hours of operation will be from 9:00 am to 3.30 pm, (Monday-Friday), unless otherwise approved by the
Operations Engineer, or desagnee.
19. Lane closures on the state road system must be coordinated with the Public lnformation Office at least two weeks prior
to the closure. The contact information for the DEPARTMENT'S Public lnformation Office is:
Name
Florida Department of Transportation Public lnformation Office
, Florida
Ph one
650,050-10
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Page 13 of 18
FLOR DA DEPARIMENT OF TRANSPORTAT ON
BEAUTIFICATION GRANT
EXHIBIT D
DELIVERABLES
-THE RECIPIENT WILL NEED DEPARTMENT APPROVAL IF DEVIATING FROM
THESE DELIVERIBLES AS SHOWN IN EXHIBIT B
PLEASE SEE ATTACHED
650'050-10
PRODUCTION SUPPORTocc 07/17
Page 14 of 18
ITEM
Landscape - Large Plants
Name
Name
Name
Name
Name
Name
Landscape - Small Plants
Name
Name
Name
Landscape - Other
Sod (Square Foot Area)
lrrigation
lrrigation System, Complete - Per
Plans
FLORIOA OEPARTMENT OF TRANSPORTAT ON
BEAUTIFICATION GRANT
OELIVERABLES:
Florida Beautification Grant
DES CRIPTION
Furnish & lnstall Trees,
Palms, and Shrubs
Spec
Spec
Spec
Spec
Spec
Spec
Furnish & lnstall Shrubs /
Gr. Covers
Spec
Spec
Spec
Furnish & lnstall Sod and
Mulch
Certified, Disease, Pest, &
Weed Free
lnstall lrrigation System per
Plans
Extend Exist. lrrigation into
New Areas
ESTIMATED
QTY UNIT
EAC H
650{5010
PROOUCTION SUPPORT
oGc-07117
0
0
0
0
EACH
EACH
L,S
Page 15 of '18
FM# _
Date:
FLORIDADEPARTMENTOF TRANSPORTATION
BEAUTIFICATION GRANT
EXHIBIT E
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
PLEASE SEE ATTACHED
650-050-10
PROOUCTION SUPPORT
occ - 07/17
Page 16 of 18
FLOR OA DEPARTMEN'T OF TRANSPORIATION
EXHIBIT F
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CON ST OF THE FOLLOWING:
650{5Gr0
PROOUCTION SUPPORT
occ-07n7
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department of Transportation
State Proiect
Title:
CSFA Number:
'Award Amount:
HIGHWAY BEAUTIFICATION GRANTS - KEEP FLORIDA BEAUTIFUL
55.003
$0
*The state award amount may change with supplemental agreements
Speciflc project information for CSFA Number 55.003 is provided atl httos://aoos.fl dfs com/fsaaisearchCatalo o asox
State Project Compliance Requirements for CSFA Number 55.003 are provaded at:
httosr//a oos. f ldfs. com/fsa rchComolrance.asox
The State Projects Compliance Supplement is provaded at: httos://aoos.fldfs com/fsaa/comoliance.asox
Page 17 of 18
BEAUTIFICATION GRANT
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
650,050-10
PRODUCTION SUPPORT
occ - 07/17
EXHIBIT G
AGENCY RESOLUTION
PLEASE SEE ATTACHED
Page 18 of 18
FlOR DA OEPARTT,lENT OF TRANSPORTAT ON
BEAUTIFICATION GRANT