Resolution 145-1996
Public Works Division
RESOLUTION NO.
145-
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 vegetation
and install native plants within the State right-of-way on
Craig Key; and
WHEREAS, the County has requested that sai~
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WHEREAS, the County will assume the maint~~~e ~
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responsibilities for the landscaping within th~~ioject ~
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limits after the Florida Department of Transpo~'afion~at ~
its sole expense, constructs the new landscape estimated
right-of-way be attractively landscaped; and
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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
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D'EPAltTMENT OF TR.l.NDOItT ATlON
HIGHWAY LANDSCAPE ....l.INTRNANCE .C.1lIlUENT
WITH
MONIlOE COUNTY
TbiI AGREEMENT. enteredtnto thjs day of . ,1996, by and
between the STATE OF FLORIDA, Department of Transportation, a component 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.
WlTNli'J~.~RTH
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 plants within
the State right of way in order to enhance views on that part of the State Highway System
described by AttaChment "A", within the corporate limits of the COUNTY; and
WHEREAS. the COUNTY hereto is of the opinion that said right of way may be
laDdscaped with various flora; aDd
WHEREAS. the perties hereto muIUally recognize the need for enferinc into an qreement
desigaatiDg and setting fonh the responsibilities of each party; and
WHEREAS. in exchange for the COUNTY'S assumption of the mainteDlDCe
responsibilities for the associated landscape within the project limits dacn'bcd in Exhibit "A",
the DEPARTMENT will at its sole expense constrUCt the new landlClpC estimated to cost
5250,000; and
WHBREAS, the COUNTY by Resolution No. 145-1996 dated 4/17/96 ,
auacbed bereto as AUICbmet1t "B", wbich by refcIeD::c hereto, shall become a part hereof. desires
to enter into this Aareement and 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:
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1. The COUNTY shall be responsible at no cost to the DEPARTMENT for the maiotemncC
, 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 defmed in this agreement to be trees and ground
cover, except turfed/sodded areas,
Ie. To keep plants as free as possible from disease anC harmful insects.
Id. To remove and dispose of aU triJnmillgS, rootS, branches, etc.., resulting from the
activities described by (1a) through (lc) inclusively as described above.
The maintenance M:tivities described above to be performed by the COUNTY. sball be
subject to periodic inspections by the DEPARTMENT. Such inspection fiDdqs will be
shared with the COUNTY and shall be the basis of aU decisions regarding modifation,
reworking or Agreement termination.
2. The COUNTY shall not be responsible for the clean-up, removal and dispoAI of
debris from the DEPARTMENT'S right of way following a Datura! disaster (i.e.
hurricane, tornados, etc.).
3. If, at any time while the tenns of this acrcement are in effect, it shall come to the
attention of the DISTRICT MAINTENANCE ENGINEER tbat 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 Slid 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
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 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.
S. This Agreement IS subject to termination under anyone 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 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.
Sc. As mutually agreed to by both parties with a sixty (60) calendar day written
notice.
Sd. By both parties, thirty (30) calendar days following complete execution by
both parties of an Agreement to tennj.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 Agreemcrn and undel'5taDding between me parties
hereto aDd 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
CODItrued according to the laws of the State of Florida.
10. Nothing in this Agmmrent shall be construed to violate the provisions of Section
339.135 (6) (a), of the Florida SWutes (1993), which provides as follows:
The Department, during any flSC8l year, shall not expend money, incur any
liability, or enter' into any contract which, by its terms, involves die expenditure
of money in excess of the amounts budleted as available for expeaditure duriDg
such fIScal year. Any contract, verbal or written, made in violation of this
subsection, is nulJ and void and no money may be paid on such CODU'IiCt. The
Department shall require a statement from the Comptroller of the Department that
funds are available prior to enaeriDg into any such contract or otber binding
commitment of funds. Nothing herein contained shall prevent the malring of a
contract for periods exceeding one year, but any cODttlCt so made sball 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 sball be incorporated verbatim in aU
contracts of the Department which are of an amount in excess of $25 ,000 IDd
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 OF TRANSPORTATION
By:
County Mayor/Conunissioner
By:
District Secretary
ATTEST:
County Clerk (Seal)
ATTEST:
Executive Secretary
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APPROVED AS TO LEGAL FORM:
BY:
BY:
County Attorney
District General Counsel
ATTACHMENT" A"
THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S
LANDSCAPE CONSTRUCTION PROJECT ESTIMATED TO COST
APPROXIMATELY $250,000.00. IN EXCHANGE FOR THE COST OF
CONSTRUCTING AND INST ALUNG THE LANDSCAPE, MONROE COUNTY
SHAll ASSUME SOLE RESPONSIBIUTY FOR MAINTAINING THE
LANDSCAPING UPON PROJECT COMPLETION.
STATE ROAD NO.
STATE PROJECT NO.
WPl NO.
PROJECT UMITS
S (US 1)
9OO~3S07
6116917
Graia Key from M.P. 71.7 to M.P. 73.4
North portion of R/W e"eludiD& turfedllOdded IRII