Resolution 146-1996
Public Works Division
RESOLUTION NO. 146
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 INDIAN KEY BICYCLE PATH PROJECT NO. 90000-3527.
WHEREAS, the Florida Department of Transportation,
at the request of the County and under the federal
enhancement program, created within the State right-of-way
in the upper Keys a bicycle path for the safety
of pedestrians; and
right-of-way adjacent to the bicycle path be
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WHEREAS, the County has requested that safil. ~-'
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WHEREAS, the County will assume the maint~~e !!
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attractively landscaped; and
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responsibilities for the bicycle path and
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associated landscape within the project limits after the
Florida Department of Transportation, at its sole expense,
constructs the bicycle path and new landscape
estimated to cost $405,000.00;
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 Indian Key Bicycle Path Project
No. 90000-3527; and that
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 April A.D. , 1996.
Mayor Freeman yes
Mayor ProTem London absent
Commissioner Harvey yes
Commissioner Douglass yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONRO OUNT
By
Mayor/C irman
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
By .,Rc,rtlrJixAil")
eputy
APPROVED AS TO FORM
AND L L SUFFICIE
BY.
NE HU ON
DATE eY/F6
S.P,N.9OOO()..3S27
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This AGREEMENT, entered into this day of
, 1996, by and between the STATE OF FLORIDA,
Department of Transportation, a component agency of the State of
Florida, hereinafter called the DEPAR1'MENT and MONROE COUNTY a
political subdivision of the state of Florida, existing under the
laws of the State of Florida, herein after ~alled the COUNTY.
WI'MIEJlmr:T11
WHEREAS, as a part of the federal enhancement program, the
DEPARTMENT at the request of the COUNTY has created a
bicycle/pedestrian path wi thin the State right of way for the
safety of bicyclists and pedestrians on that part of the State
Highway System described by Attachment "Au, within the corporate
limits of the COUNTY; and
WHEREAS, the COUNTY hereto is of the opinion that said right
of way adj(lcent to the bicycle/pedestrian path shall be landscaped
with various flora; ~nd
WHEREAS, the parties hereto mutually r.cognize the need for
entering into an agreement designating and setting fo~th the
responsibilities of each party; and
"HtRUS, the COUNTY herein agrees to perpetually assume the
maintenance responsibilities for the bicycle/pedestrian path and
associated landscape within the project limits described in
Exhibit "A", and in exchange, the DEPAI\TM~T will, at its sole
expense, construct the bicycle/pedestrian path and new landscape
estimated to cost $405,000; and
WHER~AS, the COUNTY by ReSOlution No. 146-1996
dated 4/17/96 , attacheo hereto as Attachment "B", which by
reference hereto shall become a part h~~~of, desires 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 path and all landscaped areas,
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:
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S.P.N.9000073527
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 and the bicycle/pedestrian path.
lb.
To remove and dispose of dead,
deteriorated plints. Plants
agreement to be trees and
turfed/sodded areas.
di seased or otherwise
are defined in this
ground cover, except
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 (la) through (Ic) incl~5ivelY as described
above.
le. To keep the bicycle/pedestrian path free from the
accumulation of dirt and debris by periodic sweeping.
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 or replacement of any part of this
project wi thin the DEPARTMENT'S right of way following a
natural disaster (i.e. hurricane, tornados, ~tc.).
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
wri tten 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.
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 to correct the
ci te,d 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/pedestrian path and landscaped
areas declared deficient with DEPARTMENT and/or
independent Contractor's 'material, equipment and
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S.P,N, 90000-3527
personnel and charge the reasonable cost of such work
to the COONTY, or
3b. Terminate this agreement in accordance with Paragraph 5
herein and remove, by Department and/or independent
Contractor's personnel the bicYCle/pedestrian 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.
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.
~. 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.
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.
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
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 consent of the DEPARTMENT.
9. This Agreement, regardless of ~here executed shall be
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S.P.N. 90000-3527
governed by, and constructed 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 provide,s 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.
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 III Avenue, Room 6207
Miami, Florida 33172-5800
Attention: Director of operations
To County:
Monroe county
5100 College Road
Public Service Building, S.I.
Key West, Florida 33040
Attention: Director of Public Works
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.
PATH AND LANDSCAPING AGREEMEN'l' WITH MONROE COUNTY
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S.P.N. 90000-3527
MONROE COUNTY
BY:
County Mayor/Commissioner
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST: ATTEST:
County Clerk (Seal) Executive Secretary
APPROVED AS TO LEGAL FORM:
BY;
County Attorney
BY:
Office of the General Counsel
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S.P,N, 90~~3527
AT2:'ACBMEN'.r "A"
THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S
BICYCLE/PEDESTRIAN PATH AND LANDSCAPE CONSTRUCTION PROJECT
ESTIMATED TO COST APPROXIMATELY $405,000.00. IN EXCHANGE
FOR THE COST OF CONSTRUCTING AND INSTALLING THE PATH AND
LANDSCAPE, MONROE COUNTY SHALL ASSUME SOLE RESPONSIBILITY
FOR MAINTAINING IT UPON PROJECT COMPLETION.
STATE ROAD NO.
STATE PROJECT NO.:
WPI NO.
PROJECT LIMITS
5 (US 1)
90000-3527
6116915
Indian Key Fill Islands from M.P. 3.916
(north end of Bridge# 90096) to M.P. 5.928
(south end of Bridge# 90088). 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.
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