Item C25
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
01/16-17/02
Division:
Public Works
Bulk Item: Yes -X-
No
Department: Engineering
AGENDA ITEM WORDING: Approval to enter into a Highway Landscape Maintenance Agreement with
the City of Key West for the City to maintain the landscaping on Palm Avenue from Garrison Bight Bridge to
White Street.
ITEM BACKGROUND: With the completion of the Palm Avenue bicycle path, the City and the County
recognized the need to enter into an agreement designating the responsibilities of each party in maintaining the
right of way area described above. Monroe County is planning on improving Palm Avenue within the City of
Key West. Work includes milling and resurfacing, bike path construction and landscaping. Palm Avenue is one
of six County roads within the City (parts of Flagler, Bertha, 1'" Duval, Eaton, Palm and one :blOck of
Whitehead). The County has jurisdictional and maintenance responsibility on these roads because of their
functional classification as major collectors. The State maintains principle arterials (US 1 and South Roosevelt
Boulevard) while the City maintains minor collectors and local roads.
PREVIOUS REVELANT BOCC ACTION: Work on Palm Avenue is part of the 7-Year Plan.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No -X AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -X-
OM/jchaSing~. RiSk. Management X
dd~
Da~id S. Koppel, ~ty En~ineer
(~~
. Dent Pierce
ITEM PREPARED BY:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # / - L J:~-:-
Revised 2/27/01
CONTRACT SUMMARY
Contract with: City of Key West
Contract #
Effective Date:
Expiration Date:
of
on Palm Avenue from Garrison Bi ht
Contract Manager: David S. Koppel, PE
(Name)
4426
(Ext.)
for BOCC meetin on 01/16-17/02
A enda Deadline: 01/02/02
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? Yes 0 No IlJ
Grant: $
County Match: $
-0- Current Year Portion: $
Account Codes:
- - -
----
- - - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. Maintenance, utilities, ianitorial, salaries, etcJ
CONTRACT REVIEW
Division Director
Changes Date Out
Date In Needed l) p .. Reviewer
1(~/Dv YesDNoD . _~/~ l. 0'"2.-
r \.3\OZ--YeSONO~. r .)r~ 6C(~~cr""
I H10'l... YesD No~ - /
Risk Management
O.M.B./Purchasing
County Attorney II rr 102.- YesD No
c~-~~~~~
OMB Form Revised 2/27/01 Mep #2
MONROE COUNTY
HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT
WITH THE
CITY OF KEY WEST
THIS AGREEMENT entered into this day of ,2001, by
and between MONROE COUNTY, a political subdivision of the State of Florida, existing under the
laws of the State of Florida, hereinafter called the COUNTY, and the CITY OF KEY WEST, a
municipality of the State of Florida, hereinafter called the CITY.
WITNESSETH
WHEREAS, the COUNTY and CITY are of the opinion that the right of way adjacent to the
bicycle path described below should be landscaped with various flora; and
WHEREAS, the parties mutually recognize the need for entering into an agreement designating
the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this agreement pursuant to section 163.01,
Florida Statutes (2000); and
WHEREAS, the CITY, at its sole expense, agrees to perpetually assume the maintenance
responsibilities for the landscaping along the bicycle path within the project on Palm Avenue, Key West,
from the Garrison Bight Bridge to White Street, and in exchange, the COUNTY will, at its sole expense,
construct the bicycle path and new landscaping, and maintain the landscaping for one (1) year.
NOW THEREFORE, for and in consideration ofthe mutual benefits to flow each to the other,
the parties covenant and agree as follows:
1. The CITY is responsible at no cost to the COUNTY for the maintenance of all
landscaping along the bicycle path (following the first year) including the turfed/sodded
areas within the limits on Palm Avenue, Key West, from the Garrison Bight Bridge to
White Street, or subsequent amended limits mutually agreed to in writing by both parties.
The CITY is responsible for the maintenance activities described below:
1.1 Vegetation will be maintained so as to prevent a visual or other safety hazard for
those using or intending to use the right of way and the bicycle path.
1.2 To remove and dispose of dead, diseased or othetwise deteriorated plants. Plants
are defined in this agreement to be trees, ground cover, and turfed/sodded areas.
1.3 To keep plants as free as possible from disease and harmful insects.
1.4 To remove and dispose of all trimmings, roots, branches, etc., resulting from the
activities described by 1.1 through 1.3 inclusively as described above.
1.5 To mow turfed/sodded areas.
2. If, at any time while the terms of this Agreement are in effect, it comes to the attention of
the COUNTY's Public Works Director that the CITY's responsibility is not being
properly accomplished under the terms ofthis Agreement, the COUNTY Public Works
Director may, at his option, issue a written notice to the CITY Assistant City Manager,
525 Angela Street, Key West, Florida 33040, to place said CITY on notice of the CITY's
failure to perform.
Thereafter, the CITY will have a period of thirty (30) calendar days within which to
respond to cited deficiencies and an additional sixty (60) calendar days to correct the
cited deficiencies. If said deficiencies are not corrected, or correction is not diligently
pursued, within this time period, then the COUNTY may at its option proceed as follows:
2.1 Maintain the landscaped area(s) declared deficient with COUNTY and/or
independent Contractor's material, equipment and personnel and charge the
reasonable cost of such work to the COUNTY,
OR
2.2 Terminate this Agreement in accordance with Paragraph 4 and remove, by
COUNTY and/or independent Contractor's personnel, all of the planted areas,
including trees and ground cover installed under this Agreement and charge the
CITY for the reasonable cost of the removal.
3. The landscaping covered by this Agreement (attached as Exhibit "A") may be removed,
relocated or adjusted at any time by the COUNTY in order that the adjacent county road
or bicycle path be widened, altered or otherwise changed and maintained to meet with
planning criteria ofthe COUNTY. The COUNTY shall notify the CITY as soon as the
COUNTY determines that the landscaping will be removed, relocated or adjusted.
4. This Agreement is subject to termination under' any of the following conditions:
4.1 If the CITY fails to comply with Paragraph 2 ofthis Agreement
4.2 As mutually agreed to by either party upon a sixty (60) calendar day written
notice.
5. The terms of this Agreement commence upon execution by both parties and continue
until termination as set forth in Paragraph 4.
6. This writing embodies the entire Agreement and understanding between the parties and
there are no other agreements and understanding, oral or written, reference to the subject
matter hereof that are not merged herein and superseded hereby.
7. This Agreement is nontransferable and nonassignable in whole or in part without prior
consent of the COUNTY.
8. This Agreement is governed by construed according to the laws of the State of Florida.
9. All written communication required under this contract must be sent by registered mail or
certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to
receive such notices as follows:
To COUNTY:
Monroe County
1100 Simonton Street
Key West, Florida 33040
Attention: Director of Public Works
2
To CITY:
City of Key West
525 Angela Street
Key West, Florida 33040
Attention: Assistant City Manager
By giving notice as described in this section either party may change its address for all
subsequent notices. Notices sent in compliance with this section are deemed delivered
when placed in the mail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day
and year first above written.
CITY OF KEY WEST
MONROECOUNTYFLOroDA
By:
By:
Mayor
Mayor
A TrEST: CHEro SMITH, CITY CLERK
A TrEST: DANNY L. KOLHAGE, CLERK
By:
BY:
Clerk
(Deputy Clerk)
APPROVED AS TO LEGAL FORM:
City Attorney Office
~~
3
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,
--'1
. --
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Inter-Governmental Agreements
The parties to this agreement stipulate that each is a state governmental agency as defined by
Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle
Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to
respond to any and all claims within the limitations of Florida Statute 768.28 and 440, arising out
of the activities governed by this agreement. _#.
Each party shall be rsponsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and .shall defend, indemnify and hold the other party harmless
from all claims arising out of such actions.
~
INTL
Administration Instruction
#4709.2
99