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04/17/1996 Agreement nlannp 'l.. Itolbagt BRANCH OFFICE 3111 OVERSEAS HIGHWAY MARA mON, FLORIDA 33050 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 Ruth Ann Jantzen, Deputy Clerk ~.4;. FROM: DATE: May 1, 1996 ------------------------------------------------------------------------------------------------------------------------ On April 17, 1996, the Board of County Commissioners granted approval and authorized execution of the following documents: Resolution No. 144-1996 authorizing the execution of a Highway Landscape Maintenance Agreement between Monroe County and the Florida Department of Transportation for the Big Coppitt Key Bicycle Pedestrian Path Project No. 90000-3526. Resolution No. 145-1996 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. Resolution No. 146-1996 authorizing the execution of a Highway Landscape Maintenance Agreement between Monroe County and t~e Florida Department of Transportation for the Indian Key Bicycle Path Project:No. 90000-3527. Enclosed please find three copies of each Agreement, as well as three certified copies of "AttachmentB" (Resolution), executed on behalf of Monroe County. Please be sure that a fully executed copy of the above agreements are returned to this office as soon as possible. H you have any questions on the above, please do not this office. itate to contact cc: County Attorney County Administrator, wlo document Finane File DEPARTMENT OF ......NDnIITATJON HIGHWAY I_A.~APE MA.~ ..CVVIPUIlNT \VITH MONROE COUNTY TbiJ AGREEMENT, entered tmo tbis day of . ,1996. by and between the STATE OF FLORIDA, Department of Transportation, a CODlpODCnt agency of the Stale of Florida, hereinafter called the DEPARTMENT and MONROE COUNTY a political subdivision of the State of Florida, existing under the laws of the State of Florida, herein after called the COUNTY. WTTNlt~QTH WHEREAS, as a part of the federal enbancement program, the DEPARTMENT at the request of the COUNTY has removed invasive exotic vegetation and installed native plaDts within the State right of way in order to enhaDce views OD that part of the State Highway System described by Attachment "A", within the corporate limits of the COUNTY; and WHEREAS, the COUNTY hemo is of the opinion that said right of way may be landscaped with various flora; aad WHEREAS, the pmties bImto mubJally recopize the need for cnterina into an apeernenI designating aDd setting forth the responsibilities of each patty; and WHEREAS, in exchaDae for the COUNTY'S. assumption of the mainteDaDce responsibilities for the associated lIawhrape within the project limits described in Exhibit "A", the DBPARTMENT will at its sole expense construct the new landtoape admated to cost 5250,000; and WHEREAS, the COUNTY by Resolution No. 145-1996 dated 4/17/96 , auacbed hereto as Attachment "B", wbich by refaallX hereto shall become a part bereof, desires to enter into thi& Aareement aat authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the panies covenant and agree as follows: ,. (.'L . .-.,-......,...,........-"'........__,,'~,...,...._.~__._, lUfT 1. The COUNTY shall be responsible at no cost to the DEPARTMENT for the maintenanec 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 ~r 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. Id. To remove and dispose of all tritnmiIlgS, rootS, branches, etc.., resulting from the activities described by (Ia) through (Jc) inclusively as described above. The maintenance activities described above to be performed by the COUNTY. shall be subF to periodic inspections by the DEPARTMENT. Such inspection findiDJs will be shared with the COUNTY and shall be the basis of all dc:c:isions 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 tenns of this agreement arc 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 DIRECTOR OF PUBUC WORKS. MONROE COUNTY. 5100 College Road, Public Service BJdg.., S.I., Key West, Florida 33040, to place said COUNTY on notice thereof. 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 andlor 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 S herein and remove, by Depanment 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 any one of the following conditions: Sa. If the COUNTY fails to comply with Paragraph 3 of this Agreement. Sb. If the COUNTY refuses to allow public access to any or all docwncnts, papers, letters. or other materials made or received by the COUNTY pertinent to this Agreement which are subject to provisions of Chapter 119 t of the Florida Statutes. Sc. 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 termJ.nate this Agreement. 6. The terms of this Agreement commence upon execution by both parties and continue until termination as set forth in Paragraph S. 7. This writing embodies the entire Agr=ment and understanding between the patties 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 nontransferabJe and nonassignable in whole or in part without consent of the DEPARTMENT. 9. This Agreement, regardless of where executed shall be governed by, and CODItrUed 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 enteriDg into any such contract or other biDding commitment of funds. Nothing herein contained shall prevent the makillg of a contract for periods exceeding one year. but any contract so made sball be executory only for the value of the services to be reodered or asreed to be paid for in succeeding fiscal years; and this paragraph shall be ilEOrporated verbatim in aU 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 fmt above written. LANDSCAPING AGREEMENT WITH MONROE COUNTY MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION c[~-F~ County Mayor/Conunissioner DANNY ~. XOIJIIAGE, am By: Dismct Secretary ATTEST: Executive Secretary BY DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "00 o . . . . . . . . ~................' ~., ~:~:::::::::: ::::: ~: . . . . . . . . . . . . . . . . . APPROVED AS TO LEGAL FORM: BY: BY: County Attorney District General Counsel ATTACHMENT H A" THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S LANDSCAPE CONSTRUCTION PROJECT ESTIMATED TO COST APPROXIMATELY $250,000.00. IN EXCHANGE FOR TIlE COST OF CONSTRUCTING AND INSTAlliNG THE LANDSCAPE. MONROE COUNTY SHAll ASSUME SOLE RESPONSIBIUTY FOR MAINTAINING THE LANDSCAPING UPON PROJECT COMPLETION. STATE ROAD NO. STATE PROJECT NO. WPl NO. PROJECT LIMITS S (US 1) 900S().3507 6116917 Grai. Key from M.P. 71.7 to M.P. 73.4 North portion of RlW e~cludiDa turfedllOdded ueu ATTACHMENT "8" Public Works Division RESOLUTION NO. 145- 1996 A RESOLUTION OF THE MONROE COUNTY 80ARD 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 vegetation and install native plants within the State right-of-way on craig Key; and WHEREAS, the County has requested that said right-of-way be attractively landscaped; and WHEREAS, the County will assume the maintenance responsibilities for the landscaping within the project limits after the Florida Department of Transportation, at its sole expense, constructs the new landscape estimated to cost $250,000.00; 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 (K 2. This resolution shall become effective immediately upon adoption by the Commission and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said board held on the 17th day of . Apri~, A.D., 1996. Mayor Freeman Mayor ProTem London commissioner Harvey Commissioner Douglass Commissioner Reich yes absent -- yes yes yes By COUNTY COMMISSIONERS COUNTY ;F~ irman (Seal) ATTEST: DANNY L. KOLHAGE, CLERK By b~A)~h~i~ eput Cle ,~