06/19/1996 Agreement
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BRANCH OFFICE
3111 OVERSEAS HIGHWAY
MARA mON, FLORIDA 330SO
TEL. (305) 289-6021
FAX (305) 289-1145
CLERK OF THE CIRCUIT COURT
MONROE cOUNlY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33010
TEL. (305) 852-1145
FAX (305) 852-1146
MEMORANDUM
TO: Dent Pierce
Director of Public Works
FROM:
Attention: Desiree Peacock
Ruth Ann Jantzen, Deputy Clerk #4j.
July 1, 1996
DATE:
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On June 19, 1996, the Board of County Commissioners adopted Resolution No.
221-1996, authorizing the execution of a Highway Landscape Maintenance Agreement
between Monroe County and the Florida Department of Transportation for the Craig
Key Landscaping Project No. 90050-3507. Enclosed please find six copies of the above
Contract, executed on behalf of Monroe County. Please be sure that one fully executed
copy is returned to this office as soon as possible. NOTE: A certified copy of Resolution
No. 221-1996 is attached to each contract as Exhibit B.
Also enclosed is a certified copy of Resolution No. 254-1996, adopted at the same
meeting, rescinding Resolution No. 145-1996 and authorizing the execution of a revised
Highway Landscape Maintenance Agreement with the Florida Department of
Transportation for the Craig Key Landscaping Project No. 90050-3507.
If you have any questions on the above, please do not hesitate to contact
this office.
cc: County Attorney
Finance
County Administrator, wlo document
File
DRPARTMRNT OF TRANSPORTATION
HIGHWAY LANnSCAPR MAlNTRNANCR AGRRRMRNT
WITH
MONROR COUNTY
This AGREEMENT, entered into this /5f1f1 day of 9u~ ,1996, by and
between the STATE OF FLORIDA, Department of Transportation, a co onent agency of the
State of Florida, hereinafter called the DEPARTMENT and MONROE COll-my a political_
subdivision of the State of Florida, existing under the laws of the State of Fl~da~here~afte~
called the COUNTY. ..~.. -~~ [:;:? [;j
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WHEREAS, as a part of the federal enhancement program, the DEPARTME~ at ~
request of the COUNTY has removed invasive exotic vegetation and installed native plants within
the State right of way in order to enhance views on that part of the State Highway System
described by Attachment U A", within the corporate limits of the COUNTY; and
WHEREAS, the COUNTY hereto is of the opinion that said right of way may 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, in exchange for the COUNTY'S assumption of the maintenance
responsibilities for the associated landscape within the project limits described in Exhibit" A", the
DEP ARTMENT will install landscape, at its sole expense, as part the following construction
project:
5 (US1)
90050-3507
6116917
Craig Key from M.P. 71.7 to M.P. 73.4
North portion of R/W excluding turfed/sodded areas
WHEREAS, the COUNTY by Resolution No.22J-f<ll6Jated(P!9/r;~1 attached hereto as
Attachment uB", which by reference hereto shall become a part hereof, desires to enter into this
Agreement and authorizes its officers to do so.
Stae Road No.:
State Project No.:
WPI No.:
Project Limits:
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 all landscaping, except the turfed/sodded areas within the limits described by
Attachment" A", or subsequent amended limits mutually agreed to in writing by both
parties. The COUNTY shall be responsible for the maintenance activities described
below:
la. 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.
lb. To remove and dispose of dead, diseased or otherwise deteriorated plants that pose
a safety problem. Plants are defined in this agreement to be trees and ground
cover, except turfed/sodded areas.
Ie. To keep plants as free as possible from disease and harmful insects.
ld. To remove and dispose of all trimmings, roots, branches, etc.., resulting from the
activities described by (la) through (Ie) inclusively as described above.
The maintenance activities described above to be performed 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 decisions regarding modification,
reworking or Agreement termination.
2. The COUNTY shall not be responsible for the clean-up, removal and disposal of
debris from the DEPARTMENT'S right of way following a natural disaster (i.e.
hurricane, tornados, etc.).
3. If, at any time while the terms of this agreement are in effect, it shall come to the
attention of the DISTRICT MAINTENANCE ENGINEER that the COUNTY'S
responsibility as established herein or a part thereof is not being properly
accomplished pursuant to the terms of this Agreement, said DISTRICT
MAINTENANCE ENGINEER may at his option issue a written notice in care of
the DIRECfOR OF PUBLIC WORKS, MONROE COUNTY, 5100 College Road,
Public Service Bldg.., S.L, Key West, Florida 33040, to place said COUNTY on
notice thereof.
2
Thereafter, 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 in
which 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 landscaped area(s) declared deficient with DEPARTMENT
and/or independent Contractor's 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 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.
4. It is understood between the parties hereto that the landscaping covered by this
Agreement may be removed, relocated or adjusted at any time in the future as
found necessary by the DEPARTMENT in order that the adjacent state road be
widened, altered or otherwise changed and maintained to meet with future criteria
or planning of the DEPARTMENT. 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 anyone 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.
3
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
consent of the DEPARTMENT.
9. This Agreement, regardless of where executed shall be governed by, and construed
according to the laws of the State of Florida.
10. Nothing in this Agreement shall be construed to violate the provisions of Section
339.135 (6) (a), of the Florida Statutes (1993), 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 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 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.
IN WITNESS WHEREOF the parties hereto have caused these presents to be
executed the day and year first above written.
LANDSCAPING AGREEMENT WITH MONROE COUNTY
MONROE COUNTY
STATE OF FLORIDA
DEPARTMENT ANSPORT A TION
By~~-F~
County Mayor/ om missioner
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District Secretary
ATfEST:~~/~
Executive Secretary
APPROVED AS TO LEGAL FORM:
ATTACHMENT "A"
THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S
CONSTRUCTION PROJECT, WHICH INCLUDES INSTALLING THE PROPOSED
LANDSCAPE. IN EXCHANGE FOR THE COST OF CONSTRUCTING AND
INSTALLING THE LANDSCAPE, MONROE COUNTY SHALL ASSUME SOLE
RESPONSIBILITY FOR MAINTAINING THE LANDSCAPING UPON PROJECT
COMPLETION.
STATE ROAD NO.
STATE PROJECT NO.
WPI NO.
PROJECT LIMITS
5 (US 1)
90050-3507
6116917
Craig Key from M.P. 71.7 to M.P. 73.4
North portion of R/W excluding turfed/sodded areas
5
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Works Division
RESOLUTION NO.
221-
1996
A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS
AUTHORIZING THE EXECUTION OF A HIGHWAY LANDSCAPE MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE CRAIG KEY LANDSCAPING PROJECT NO. 90050-3507
WHEREAS, the Florida Department of Transportation,
at the request of the County and under the federal
enhancement program, will remove invasive exotic veget~tiop
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and install native plants within the State rig~t~of-way onl
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Craig Key; and
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WHEREAS, the County has requested that said
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right-of-way be attractively landscaped; and
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WHEREAS, the County will assume the
responsibilities for the landscaping within the project
limits after the Florida Department of Transportation, at
its sole expense, constructs the new landscaping; now
therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Mayor of the Board is hereby authorized to
execute the Department of Transportation Highway Landscape
Maintenance Agreement for Craig Key Landscape Project No.
90050-3507; and that
2.
This resolution shall become effedtive immediately
upon adoption by the Commission and execution by the
I
Presiding Officer and Clerk.
,
,
PASSED AND ADOPTED by the Board of Co~nty Commissioners
of Monroe County, Florida, at a regular meeting of said
board held on the ,19th day of .June " A.D., 1996.
Mayor Freeman yes
Mayor ProTem London yes
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By cSL~-:F~
Mayor airman
(Seal)
ATTEST:
DANNY L. KOLHAGE, CLERK
Byn_~C.(}p~
Deput Clerk
STATE OF F1.ORIDA)
COUNTY OF MONROE)
'this Copy Is a True Copy of Jbe
Orioinal on File in this Office. W~
rnyhond and Official s~
'l'hls .. _.,.5!t______ - day of J. ~ Q 1
A.D.. 19__~__
DANNY 1.. KOLHAGE
CleTk Cll'CUit Court
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