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HomeMy WebLinkAboutReso 2024-360415/ RESOLUTION NO. 2024 - 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A DEPARTMENT FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COLLINS AVENUE STREETLIGHTING PROJECT; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collins Avenue Streetlighting Project (the "Project") commenced in 2017, at which time the City of Sunny Isles Beach (the "City") entered into a Department Funded Agreement ("DFA") with the Florida Department of Transportation ("FDOT") to assist in funding the Project; and WHEREAS, Collins Avenue, being a State Road, necessitates state -maintained lighting, and the City expressed a preference for decorative lights instead of the standard FDOT aluminum cobra heads, leading to a cost-sharing agreement for the purchase and installation of new lights; and WHEREAS, the maintenance of the newly installed lights becomes the responsibility of the City; and WHEREAS, City staff has negotiated a new DFA with FDOT with updated terms; and WHEREAS, approval of this new agreement is essential for the City to collect any additional funds from FDOT for the continuation of the Project; and WHEREAS, through the original agreement, the City has already collected a total of One Million Eight Hundred Ninety -Nine Thousand Two Hundred Sixty Dollars ($1,899,260.00) from FDOT, with reimbursements contingent upon the completion of the work, and anticipates submitting a pay request for the estimated balance of Six Hundred Six Thousand Three Hundred Six Dollars and No Cents ($606,306.00) upon completion of the Project this year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Approval of Department Funded Agreement. The City Commission hereby approves the new Department Funded Agreement with the Florida Department of Transportation for the Collins Avenue Streetlighting Project. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. @BCL@D40AF2C7.Doc Page 1 of 2 172 Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 18th day of Janu ry, 2024. r. ATTEST: Mauricio Betancur, qMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Aa4�&w A in E. Boileau, P.A., for Nabors, Giblin & Nickerson, P.A., City Attorney 4 Moved by:d L'e'SffA(`f' :'�'--Mw Seconded by: Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra /()Y e s) (No) 3(Yes) (No) (Yes) (No) (Yes) (Yes) (No) (No) @BCL@D40AF2C7.Doc Page 2 of 2 173 Contract Number: CSFA/CFDA Number: DEPARTMENT FUNDED AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SUNNY ISLES BEACH THIS AGREEMENT is made and entered into this day of 20 , between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the "DEPARTMENT", and the City of Sunny Isles Beach, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the "CITY." The DEPARTMENT and the CITY are herein referred to, collectively, as the "Parties," and each, individually, as a "Party." RECITALS: WHEREAS, the Parties entered into a Department Funded Agreement (Contract No. AS874) on January 23, 2018 ("Contract AS874"), designating and setting forth the responsibilities of each Party relating to Financial Project Number 430949-3-58-01 (the "PROJECT"), whereby the CITY agreed to fund the increased cost of installing decorative lighting, including pedestrian lighting at several intersections on SR AIA/Collins Avenue from Bayview Drive to SR 856/192nd Street (the "Project Limits"), and the DEPARTMENT agreed to reimburse the CITY for eligible PROJECT costs up to a maximum limiting amount set forth in Contract AS874; and WHEREAS, the Agreement was extended by Extension of Contract Term 1 dated December 17, 2019, Extension of Contract Term 2 dated December 9, 2020, and Extension of Contract Term 3 dated December 13, 2021, and Extension of Contract Term 4 dated December 16, 2022; and WHEREAS, certain elements of the PROJECT were not completed before Contract AS874 expired on June 30, 2023 (the "Outstanding Work"); and WHEREAS, the purpose of this Agreement is to designate and set forth the responsibilities of each Party pertaining to the Outstanding Work, which said Outstanding Work is described in the attached Exhibit "A" — Scope of Services, incorporated herein by reference; and WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes ("F.S."); and NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Page 1 of 21 Department Funded Agreement between the Florida Department of Transportation and the CITY Financial Project Number # 430949-3-58-01 174 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 be responsible for assuring that the Outstanding Work complies with all applicable Federal, State, and Local laws, rules, regulations, guidelines and standards. b. 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 Resolution, and is herein incorporated by reference. c. The CITY shall construct, administer, supervise, implement, evaluate and inspect all aspects of the Outstanding Work construction until completion, as further defined in Exhibit "A" — Scope of Services and Section 4 of this Agreement. All aspects of the Outstanding Work construction and administration are subject to DEPARTMENT standards and specifications and must be in compliance with all governing laws and ordinances. The CITY has assigned The Stout Group using existing competitively bid contract (Contract No. C6155 1516-047) figures, procured pursuant to Invitation to Bid No. 15-12-02, for construction of the Outstanding Work. d. The CITY shall be responsible, at the CITY's sole cost and expense, for providing Construction Engineering Inspections ("CEI") services for the Outstanding Work by a consultant firm prequalified by the DEPARTMENT, including an experienced lighting construction senior inspector to inspect and document the Outstanding Work. The CEI staff shall be present at all times that the CITY's construction contractor is performing the Outstanding Work. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Outstanding Work meets the minimum construction standards established by the DEPARTMENT. The DEPARTMENT shall approve the CEI firm. The CEI firm shall not be the same firm as that of the Engineer of Record for the PROJECT. The CEI services shall be procured in accordance with the provisions of the Consultant's Competitive Negotiation Act (Chapter 287.055, F.S.). e. In order to avoid conflict with any of the DEPARTMENT's ongoing roadway projects, all Outstanding Work performed by the CITY within the Project Limits shall be coordinated with the DEPARTMENT. f. Neither the CITY nor its CEI shall execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT funds, including but not Page 2 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 175 limited to, consulting or construction contracts or amendments thereto, with any third party with respect to the Outstanding Work without the prior written approval of the DEPARTMENT. The DEPARTMENT specifically reserves the right to review qualifications of any consultant or contractor and to approve or disapprove CITY employment of same. The CITY shall provide to the DEPARTMENT copies of all fully executed contracts relating to the Outstanding Work, including but not limited to, contracts related to costs for Outstanding Work construction and material. g. The CITY's attorney shall certify to the DEPARTMENT: (i) that the Consultant Selection Process by the CITY in procuring any consultant contract for engineering, architecture or surveying services entered into by the CITY for purposes of performing its duties under this Agreement has been accomplished in compliance with the Consultant's Competitive Negotiation Act (Chapter 287.055, F.S.); and (ii) that the purchase of commodities or contractual services by the CITY exceeding the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S. for purposes of performing its duties under this Agreement has been accomplished in full compliance with the provisions of Chapter 287.057 F.S. Such certification includes the contract procured by the CITY pursuant to Invitation to Bid No. 15-12-02. h. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. The CITY shall have the sole responsibility for resolving claims and requests for additional work. The CITY will make the best efforts to obtain the DEPARTMENT input in its decisions. j. The DEPARTMENT shall reimburse the CITY for eligible Outstanding Work costs as defined in Exhibit `B" — Financial Summary, and in accordance with the financial provisions in Section 3 of this Agreement. k. The DEPARTMENT grants to the CITY, and its agents, employees, consultants and contractors, a right of entry on the DEPARTMENT's right of way within the Project Limits, for any and all purposes in connection with the Outstanding Work that the CITY shall perform in accordance with this Agreement. This right of entry shall be limited to the term of this Agreement and is not intended to create any property rights in the CITY. 1. The CITY shall comply with all federal, state, and local laws and ordinances applicable with work or payment of work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Agreement. Page 3 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 176 m. The CITY agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. n. In addition to the provisions under this Section 2, the CITY shall comply with all terms and conditions under DEPARTMENT Permit No. 2016 C 691 18 (the "Permit"). In the event of any conflict between this Agreement and the Permit, regarding Outstanding Work construction matters, the provisions of the Permit shall prevail. 3. FINANCIAL PROVISIONS a. The DEPARTMENT agrees to a maximum participation for actual eligible Outstanding Work costs for a maximum limiting amount of SIX HUNDRED THOUSAND THREE HUNDRED AND SIX DOLLARS ($606,306.00), as set forth in Exhibit `B" — Financial Summary hereto. Any work performed prior to the Effective Date shall not be eligible for reimbursement. The "Effective Date" shall be the date upon which the Agreement is executed by the DEPARTMENT. b. Additionally, eligible reimbursement costs of the contingency sum identified in Exhibit `B" — Financial Summary, shall be limited to unforeseen work or material related to the Scope of Services set forth in Exhibit "A" and deliverables identified in this Agreement which require the prior approval of the DEPARTMENT before such work is undertaken or such costs are incurred. If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the CITY authorizing the additional funding shall be executed prior to such costs being incurred. c. The DEPARTMENT agrees to compensate the CITY for services described in Exhibit "A" — Scope of Services. The summary of compensation is included as Exhibit `B". d. The CITY shall furnish the services with which to construct the Outstanding Work. Said Outstanding Work consists of services as detailed in Exhibit "A" of this Agreement. e. Payment shall be made only after receipt and approval of goods and services unless advance 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. f. The CITY shall provide 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 Outstanding Work, identified as Project Number 430949-3-58-01, and the quantifiable, measurable, and verifiable units of deliverables are described Page 4 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 177 more fully in Exhibit "A" - Scope of Services. (Section 287.058(1)(d) and (e), F.S.) g. Invoices shall be submitted by the CITY in detail sufficient for a proper pre - audit and post audit thereof, based on quantifiable, measurable, and verifiable units of deliverables as established in Exhibit "A"— Scope of Services. Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. (Section 287.058 (1)(a), F.S.) h. Supporting documentation must establish that the deliverables were received and accepted in writing by the CITY 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 Exhibit "A"— Scope of Services and Section 4 of this Agreement was met. i. There shall be no reimbursement for travel expenses under this Agreement. j. The CITY providing goods and services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than five (5) working days unless the bid specifications, purchase order, or contract specifies otherwise. 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. (Section 215.422(1), F.S.). k. If 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 that 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. 1. 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. (Section 215.422(5) and (7), F.S.) in. 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 by the DEPARTMENT 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 Outstanding Work records together with supporting documents and records of the contractor and Page 5 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 178 all subcontractors performing Outstanding Work, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. (Section 287.058(4), F.S.) n. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (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." o. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 216.311, F.S.) 4. ADDITIONAL OBLIGATIONS OF THE CITY a. The CITY shall be responsible for assuring that the Outstanding Work complies with all applicable Federal, State and local laws, rules, regulations, guidelines and standards. b. The DEPARTMENT shall approve the CITY final Outstanding Work design plans. In the event of any major modifications to the DEPARTMENT approved design plans, the CITY shall submit such proposed modified plans to the DEPARTMENT for review and approval. In the event that any major modifications are required during construction, the CITY shall immediately notify the DEPARTMENT prior to implementing the same, and the Parties shall cooperate to review the matter in a timely manner so that the timely DEPARTMENT'S roadway construction schedule is not affected. A "major modification" is any modification that materially alters the kind or nature of the work depicted in the approved design plans, or that alters the integrity or maintainability of the improvements or related components. The DEPARTMENT shall have a period of fourteen (14) business days from the date that the CITY submits proposed the modified plans for review and comment. The DEPARTMENT shall not unreasonably withhold, condition, or delay its approval to a proposed major modifications to the design plans. If approved by the DEPARTMENT, any and all such approved major modifications shall be deemed Page 6 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 179 to be incorporated into, and shall become part of, the DEPARTMENT approved design plans. c. The CITY shall require its construction contractors to maintain, at all times during the Outstanding Work construction, Commercial General Liability insurance providing continuous coverage for all work or operations performed under the construction contract(s). Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy, or such other minimum insurance coverage that may be required by the DEPARTMENT's Standards and Specifications for Road and Bridge Construction, as amended from time to time. The CITY shall further cause its contractors to name the DEPARTMENT as additional insured party on the afore -stated policies. The CITY shall also provide the DEPARTMENT with evidence of Workers' Compensation Insurance in accordance with the laws of the State of Florida, and in amounts sufficient to secure the benefit of the Florida Workers' Compensation law for all employees. The CITY shall provide the DEPARTMENT with all Certificates of Insurance and Additional Insured Endorsements evidencing the insurance requirements herein prior to commencing any work. d. To the extent provided by Florida law, and without waiving any limitations on the City's liability under Florida law (including without limitation, Section 768.28 F.S.), the CITY shall indemnify, defend and hold harmless the DEPARTMENT against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of any of its officers, agents or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by the CITY hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the CITY to indemnify the DEPARTMENT for the negligent acts or omissions of the DEPARTMENT, its officers, agents or employees. Nothing herein shall be construed as consent by the CITY or the DEPARTMENT to be sued by third parties in any manner arising out of this Agreement. e. The CITY shall notify the DEPARTMENT prior to commencing any Outstanding Work under this Agreement. Such notice shall be provided to Jose Barrera, P.E., Project Manager, via email at Jose.Barrera@dot.state.fl.us or by telephone at (305) 470-5283 or Mario Cabrera, District Construction Engineer at Mario.Cabrera cg&t.state.fl.us or by telephone at (305) 640-7445. Thereafter, the CITY's CEI shall continue to coordinate with the DEPARTMENT's roadway project CEI. The CITY agrees that the DEPARTMENT may, at reasonable times during the construction of the Outstanding Work, inspect the Outstanding Work Page 7 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 180 construction site, and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the CITY'S construction contractors, pursuant to their agreements with the CITY, conform to the terms of said agreements. Upon completion of construction, the CITY shall invite the DEPARTMENT on a final inspection of the Outstanding Work and will incorporate those DEPARTMENT concerns that are within the scope of the Outstanding Work construction contract, into the final Outstanding Work punch lists with the CITY contractors. The DEPARTMENT shall have the right to inspect and to perform tests, but not the obligation to do so. This provision shall not be construed to alter the CITY's obligation to perform construction engineering inspections and testing of the Outstanding Work under this Agreement. Upon completion of the final construction inspection of the Outstanding Work by the DEPARTMENT, once the DEPARTMENT CEI determines that the CITY has satisfactorily completed the Outstanding Work, the DEPARTMENT CEI will provide the CITY written notice of final acceptance. It is understood and agreed that the DEPARTMENT shall retain ten percent (10%) of the maximum eligible reimbursement sum identified in Exhibit `B" herein until the DEPARTMENT has issued such notice of final acceptance, and reviewed and approved the final invoice by the CITY, in accordance with Paragraph 10 of this Agreement. f. The CITY shall be required to obtain all necessary permits for the Outstanding Work from pertinent governmental agencies, prior to commencing construction of the Outstanding Work. g. Upon completion of all work related to construction of the Outstanding Work, the CITY will be required to submit to the DEPARTMENT final as -built plans for the Outstanding Work improvements and an engineering certification that construction was completed in accordance with the approved Outstanding Work design plans. Additionally, the CITY shall vacate those portions of the DEPARTMENT's right- of-way used to construct the Outstanding Work and shall remove the CITY's and/or its contractors', property, machinery, and equipment from said portions of the DEPARTMENT's right-of-way. Furthermore, the CITY shall restore those portions of the DEPARTMENT right-of-way damaged by Outstanding Work construction activities to the same or better condition than that which existed immediately prior to commencement of the construction of the Outstanding Work. h. E -Verify: The CITY shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the vendor/contractor during the term of the contract; and Page 8 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 181 ii. Expressly require any contractors and 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. (Executive Order Number 2011-02) The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this Agreement. 5. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 6. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each Party. 7. 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. 8. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and hand -delivered or sent by either registered or certified U.S. mail, return receipt requested, postage prepaid, addressed to the Party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6247 Miami, Florida 33172-5800 Attn: Jose Barrera, P.E. Project Manager Ph: (305) 470-5331 Email: Jose.Barrera&dot.State.fl.us To CITY: City of Sunny Isles Beach Stan Morris, City Manager Email: smorrisnsibfl.net www.sibfl.net - Page 9 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 182 and Alain E. Boileau, Esq., City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Ph: (305) 792-1822 Email: aboileau(-,ngn-tally.com With copies to: City Project Manager Paul Abbott 18070 Collins Avenue Sunny Isles Beach, F133160 Cell: (305) 773-6255 b. 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. 9. EXPIRATION OF AGREEMENT The CITY agrees to complete the Outstanding Work on or before December 31, 2024 if no delays beyond the control of the CITY or its contractors. If delays are caused by matters beyond the control of the CITY, the Outstanding Work's completion time period shall be extended to a reasonable time period. If the CITY does not complete the Outstanding Work within this time period or extended time period this Agreement will expire unless an extension of the time period is requested by the CITY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. 10. INVOICING AND PROGRESS REPORTS In order to obtain any payments, the CITY shall: i. Submit bi-monthly progress reports that: 1) describe the work performed; 2) adequately justify and support the payment requested; and 3) are in a format that is acceptable to the DEPARTMENT; and ii. Submit to the DEPARTMENT bi-monthly invoices on CITY forms and such other data pertaining to the Outstanding Work in support of the invoice total; and iii. Comply with all applicable provisions of this Agreement. CITY will invoice the DEPARTMENT on a bi-monthly basis for completed work. The CITY must submit the final invoice on the Outstanding Work to the Page 10 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 183 DEPARTMENT within sixty (60) days after the expiration of this Agreement. Invoices submitted after March 1 , 2025, will not be paid. 11. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the 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 CITY is unsatisfactory, the DEPARTMENT shall notify the CITY of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the DEPARTMENT. The CITY shall, within five (5) days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the CITY will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the DEPARTMENT may assess 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 CITY resolves the deficiency. If the deficiency is subsequently resolved, the CITY may bill the DEPARTMENT for the retained amount during the next billing period. If the CITY is unable to resolve the deficiency, the funds retained shall be forfeited at the end of the Agreement period. 12. AUDITS State of Florida Single Audit Act requirements as outlined in the attached Exhibit "D" — Audit Reports, are incorporated herein by reference. 13. ENTIRE AGREEMENT This 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. -- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -- Page 11 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 184 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement, on the day and year above written. CITY OWNNYISLES EACH: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: LARISA SVEC I ITY MAYOR DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CI 'Y C ERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: ALAIN BOILEAU, ESQ., CITY ATTORNEY DISTRICT CHIEF COUNSEL Page 12 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 185 EXHIBIT "A" SCOPE OF SERVICES The Outstanding Work consists of the installation of the following bases, poles, and fixtures in connection with decorative lighting along S.R. AlA/Collins Avenue from Bayview Drive to S.R. 856/192 rid Street in the CITY, including pedestrian lighting at various intersections (See Attachment A 1): • Bases, Poles, and Fixtures 80, 83, 85, 89, 134 • Poles and Fixtures 53, 55, 57, 78, 82, 91, 94, 96 The Outstanding Work is further defined in Attachment "Al", Outstanding Work plans (incorporated herein by reference). Project Limits: S.R. AIA/Collins Avenue from Bayview Drive to S.R. 856 FDOT Financial Project Number: 430949-3-58-01 County: Miami -Dade FDOT Project Manager: Jose Barrera, P.E. CITY Project Manager: Paul Abbott Page 13 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 186 EXHIBIT "B" FINANCIAL SUMMARY Estimated Outstanding Work costs and deliverables for reimbursement are below -listed: Installation of certain bases, poles, and fixtures (set forth in Exhibit "A" — Scope of Services) in connection with decorative lighting along S.R. AlA/Collins Avenue from Bayview Drive to S.R. 856/192nd Street in the CITY, including pedestrian lighting at various intersections. The CITY shall be reimbursed for eligible costs, up to the maximum limiting amount of $606,306.00. Cost of Outstanding Work: $500,138.00 Contingency amount: $106,168.00 Total Outstanding Work Cost Estimate: $606,306.00 Page 14 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 187 EXHIBIT "C" RESOLUTION To be herein incorporated once approved by the CITY Commission. Page 15 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 188 EXHIBIT "D" AUDIT REPORTS The administration of resources awarded by the Department to CITY be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fssa.state.fl.us . MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F. S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, 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. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to CITY regarding such audit. CITY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Page 16 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 189 PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, 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 the CFO; and Chapters 10.550 (Local Governmental Entity Audits) or 10.650 (Florida Single Audit Act: Audits Nonprofit and For-profit Organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its 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-through awards and resources received by a non -state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1 of Exhibit "D" of this Agreement, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However if the recipient 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 non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does 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 other state official. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Page 17 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 190 A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAuditng,dot.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAuditp_dot.state.fl.us Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us Page 18 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 191 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit _dot.state.fl.us Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Page 19 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 192 ATTACHMENT "Al" OUTSTANDING WORK PLANS Page 20 of 21 Department Funded Agreement between the Florida Department of Transportation and the City Financial Project Number # 430949-3-58-01 193 EXHIBIT - 1 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 91 NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 194 � • FL��� yw City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Susan Simpson, Deputy City Manager DATE: January 18, 2024 RE: Department Funded Agreement with Florida Department of Transportatior for the Collins Avenue Streetlighting RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: When the Collins Avenue Streetlighting project commenced in 2017, the City entered into Department Funded Agreement (DFA) with the Florida Department of Transportation (FDOT) to assis in the funding of this project. As Collins Avenue is a State Road, the state has an obligation to have and maintain lighting. It was the city's desire to have decorative lights in lieu of the typical FDOT aluminurr cobra heads. With their obligation to the lighting and our desire for different lighting, we entered into an agreement to cost share the purchase and installation of the new lights. The maintenance of the lights is now our responsibility once the new lights are installed. The original DFA entered into in 2017 utilized all of the renewals available through FDOT. As o December 2023, the old agreement is expired. This new agreement before you has the same obligation as the original with new dates and updated funding in the amount of $606,306.00. Approval of this agreement is necessary to collect any additional funds from FDOT for the Collin! Avenue Streetlighting project. Item Number: 10.F 170 Through the original agreement, we have collected a total of $1,899,260 from FDOT. This is 2 reimbursement and cannot be collected until the work is completed. We anticipate that the work will be completed this year at which time we will submit a pay request to FDOT for the balance estimated at $606,306.00. FUNDING SOURCE: No funding is required for approval of this item. ATTACHMENTS: Resolution Department Funded Agreement Item Number: 10.F 171 ASY88 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL ASY88 2/20/2024 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 2/20/2024 Action:Original Reviewed or Approved:APPROVED Organization Code:55064010606 Expansion Option:A3 Object Code:563000 Amount:$606,306.00 Financial Project:43094935802 Work Activity (FCT):215 CFDA: Fiscal Year:2024 Budget Entity:55150200 Category/Category Year:088716/24 Amendment ID:O001 Sequence:00 User Assigned ID: Enc Line (6s)/Status:0001/04 Total Amount:$606,306.00 Contract:ASY88 Contract Type:AK - PROJ PARTICIPATION (PROJ PART) Vendor Name:CITY OF SUNNY ISLES BEACH Vendor ID:F650784647001 Beginning Date of This Agreement:02/16/2024 Ending Date of This Agreement:12/31/2024 Contract Total/Budgetary Ceiling:ct = $606,306.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:DFA SR A1A/COLLINS AVE. FROM BAYVIEW DRIVE TO SR 856/192 STREET Page1 of 1 To: Daniel.Kong@dot.state.fl.us