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06/14/2000 Agreement 1Bannp I. ltolbage BRANCH OFFICE 3117 OVERSEAS IDGHWA Y MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANO:I OFFICE 88820 OVERSEAS IDGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: June 27, 2000 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Administrative Assistant Public Works Division Pamela G. Hanc~ Deputy Clerk U FROM: At the June 14, 2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Agreement between Monroe County and the Florida Department of Transportation FIN No. 25056515201 and WPI No. 6166920, for the maintenance of a bike path and adjacent landscaping on US 1 from Big Coppitt Key to Bay Point, and Resolution No. 221-2000 authorizing the Mayor to execute same. Enclosed please find two duplicate originals of the above, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Clerk's Original" is returned to our office as soon as possible. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File / CLERK'S ORIGINAL FINNo: 25056515201 w.P. /. No.' 6116920 FLORIDA DEPARTMENT OF TRANSPORTATION BICYCLE PATH AND HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH MONROE COUNTY 3: 0." fi ~ 0 r= ~('")~ e ", '1 1"Tl~-< r- 0 Ii j 'Z-{)--(L~' ("'). r- N " This AGREEMENT, entered into this 1'1 day of.... () N"C--- ,.1900; by ~~twg'n t~ STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agenai~~e ~te ~ Florida, hereinafter called the DEPARTMENT and MONROE COUNTY a political saf>filmiollJ?ftKel State of Florida, existing under the laws of the State of Florida, hereinafter called the;Ub~TY'y g ,. ,." 0, :::0 . CD C WITNESSETH WHEREAS, as a part ofthe federal enhancement program, the DEPARTMENT at the request of the COUNTY has planted landscape along the proposed bike path within the State right of way for the safety of bicyclists and pedestrians on that part of the State Highway System described by Attachment "N', within the corporate limits ofthe COUNTY; and WHEREAS, the COUNTY hereto is of the opinion that said right of way adjacent to the bicycle path shall be landscaped with various flora; and WHEREAS, the parties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this agreement pursuant to section 334.044 (21) (23), Florida Statutes (1997) WHEREAS, the COUNTY, at its sole expense, herein agrees to perpetually assume the maintenance responsibilities for the bicycle path and associated landscape within the project limits described in Exhibit "N', and in exchange, the DEPARTMENT will, at its sole expense, construct the bicycle path and new landscape; and WHEREAS, the COUNTY by Resolution No. J-J..J- ~ dated ~/;if / U7 . attached hereto as Attachment "B", which by reference hereto shall become a part hereof, desrres'to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The COUNTY shall be responsible at no cost to the Department for the maintenance of the bicycle path and all landscaping except the turfed/sodded areas within the limits described by Attachment "N', or subsequent amended limits mutually agreed to in writing by both parties. The COUNTY shall be responsible for the maintenance activities described below: 1a. Vegetation will be maintained so as to prevent a visual or other safety 1 FINNo: 25056515201 WP. 1. No: 6116920 hazard for those using or intending to use the right of way and the bicycle path. lb. To remove and dispose of dead, diseased or otheIWise deteriorated plants. Plants are defined in this agreement to be trees and ground cover, except turfed/sodded areas. Ic. To keep plants as free as possible from disease and harmful insects. Id. To remove and dispose of all trimmings, roots, branches, etc.., resulting from the activities described by (Ia) through (Ic) inclusively as described above. Ie. To keep the bicycle path free from the accumulation of dirt and debris by periodic sweeping. The maintenance activities described above to be preformed by the COUNTY, shall be subject to periodic inspections by the DEPARTMENT. Such inspection findings will be shared with the COUNTY and shall be the basis of all the decisions regarding modification, or termination of Agreement. 2. The COUNTY shall not be responsible for the clean-up, removal and disposal of debris or replacement of any part of this project within the Department's right-of 'way following a natural disaster (i.e. hurricane, tornados, ete,), 3. If, at any time while the terms of this Agreement are in effect, it shall come to the attention of the DEPARTMENTS DISTRICT MAINTENANCE ENGINEER that the COUNTY'S responsibility as established herein is not being properly accomplished pursuant to the terms of this Agreement, said DEPARTMENTS DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of the DIRECTOR OF PUBLIC WORKS, MONROE COUNTY, 5100 College Road, Public Service Bldg., S.I., Key West, Florida 33040 to place said COUNTY on notice thereof. Therefore, the COUNTY shall 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 deemed valid. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: 3a. Maintain the bicycle path and landscaped area(s) declared deficient with DEPARTMENT and/or independent Contractor' material, equipment and personnel and charge the reasonable cost of such work to the COUNTY, OR 3b. Terminate this Agreement in accordance with Paragraph 5 herein and remove, by Department and/or independent Contractor's personnel the bicycle path and all of the planted areas, including trees and ground cover installed under this Agreement and charge the COUNTY for the reasonable cost of such removal. 2 FINNo: 25056515201 w.P. I. No: 6116920 4. It is understood between the parties hereto that the path and landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as found necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. The DEPARTMENT shall notify the COUNTY as soon as it is known that the landscaping will be removed, relocated or adjusted. 5. This Agreement is subject to termination under any of the following conditions: 5a. If the COUNTY fails to comply with Paragraph 3 of this Agreement. 5b. If the COUNTY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the COUNTY pertinent to this Agreement which are subject to provisions of Chapter 119 of the Florida Statutes. 5c. As mutually agreed to by both parties with a sixty (60) calendar day written notice. 5d. By both parties, thirty (30) calendar days following complete execution by both parties of an Agreement to terminate this Agreement. 6. The terms of this Agreement commence upon execution by both parties and continue until termination as set forth in Paragraph 5. 7. This writing embodies the entire Agreement and understanding between the parties hereto and there are not other agreements and understanding, oral or written, reference to the subject matter hereof that are not merged herein and superseded hereby. 8. This Agreement is nontransferable and nonassignable in whole or in part without prior consent of the DEPARTMENT. 9. This Agreement, regardless of where executed shall be governed by, is constructed according to the laws ofthe State of Florida. 10. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), Florida Statutes (1997), which provides as follows: 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 amount 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 marking of a contract for periods exceeding one 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 of an amount in excess of $25,000 and which have a term for a period of more than one year. 3 FIN No: 25056515201 w.P. I. No: 6116920 11. All notices, requests, demands, consents, approvals and other communication which are required to be served or given hereunder shall be in writing and shall be sent by registered mail 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 6207 Miami, Florida 33172-5800 Attention: Director of Operations To County: Monroe County 5100 College Road Public Service Building, S.1. Key West, Florida 33040 Attention: Director of Public Works Either party may, be notice given as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given unless placed in the mail. 4 FIN No.' 25056515201 w.P. I. No.' 6116920 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. MONROE COUNTY: By:c:S~-:F~ County Mayor/Commissioner DANNY L. KOLHAGE, Clerk APPROVED AS TO LEGAL ~ County Atto ey Office STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATI'EST: 5 FlNNo: 25056515201 WP. /. No: 6116920 ATTACHMENT "N THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENTS BICYCLE PATH LANDSCAPE CONSTURCTION PROJECT. IN EXCHANGE FOR THE COST OF CONSTRUCTING AND INSTALLING THE PATH AND LANDSCAPE, MONROE COUNTY SHALL ASSUME SOLE RESPONSIBILITY FOR MAINTAINING THE IMPROVEMENTS UPON PROJECT COMPLETION. State Road No: Financial Project No: W.P.L No: Project Limits: 5 (US 1) 25056515201 6116920 Big Coppitt Key from: M.M. (11) Jade Drive to M.M. (15) Bay Point. At a width of 2.45 meters on the northeasterly side of SR 5/US 1. The County is responsible for the path and landscape improvements constructed under this project only. The Department retains all other responsibility for the state right-of -way. 6 Public Works Department RESOLUTION NO. 221 -2000 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF MONROE COUNTY AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF THE BIKE PATH AND ADJACENT LANDSCAPING FROM BIG COPPITT TO BAY POINT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board of County Commissioners determines that it is in the County's best interest to enter into an agreement with the Florida Department of Transportation whereby the County will maintain the DOT constructed and landscaped bike path from Big Coppitt to Bay Point. Section 2. The Mayor is authorized to execute on behalf of Monroe County the County/FDOT maintenance agreement to which this resolution is attached as Exhibit B. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 14th day of June, 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey ommissioner George Neugent ~u issioner Mary Kay Reich ioner Nora Williams Y L. KOLHAGE, Clerk Yes Yes Yes Yes ~ Yes ~ ~ g, ~ ;gP~ ~ ;::: BOARD OF COUNTY COMMIS~~E~ t;!] OF MONROE COUNTY, FLOR:@~;' ....., ;!} ~'.o ::0 """it'") r- ~ cS: ;F~. ~ By ,~ ,..,., _, C . =0 Mayor/Chairperson c:;, EXHIBIT B