Resolution 261-1996
Public Works Division
RESOLUTION NO. 261
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 UPPER MATECUMBE PEDESTRIAN PATH PROJECT NO. 90000-3525
WHEREAS, the Florida Department of Transportation has,
at the request of the County and under the federal
enhancement program, created within the State right-of-way
on Upper Matecumbe Key a pedestrian path for the safety of
pedestrians; and
attractively landscaped; and
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and associated
WHEREAS, the County has requested that
right-of-way adjacent to the pedestrian path
WHEREAS, the County will assume the
responsibilities for the pedestrian path
landscape within the project limits after the Florida
Department of Transportation, at its sole expense,
constructs the Pedestrian Path and installs the associated
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 Upper Matecumbe Pedestrian Path
Project No. 90000-3525; and that
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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 July
t A.D., 1996.
Mayor Freeman
Mayor ProTem London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
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BOARD OF
OF MON
By
(Seal)
ATTEST:
DANNY L. KOLHAGE, CLERK
By ~?aw~~rf~
Depu Cl
, .
S.P.N. 90000-3525
DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPE MAINTENANCE AGF~T
J!ll'.H
MONROE COUNTY
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 DEPARTMENT and MONROE COUNTY a
political subdivisioQ of the State of Florida, existing under the
laws of the State of Florida, herein a{ter called the COUNTY.
WITNESSETH
WHEREAS, as a part of the federal enhancement program, the
DEPARTMENT at the request of the COUNTY has created a pedestrian
path within the State right of way for the safety of pedestrians
and pedestrians 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 adjacent to the pedestrian 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 COUNTY, at its sole expense, herein agrees to
perpetually assume the maintenance responsibilities for the
pedestrian path and associated landscape within the project limits
described in Exhibit "A", and in exchange, the DEPARTMENT will, at
its sole expense, construct the pedestrian path and new landscape;
and
WHEREAS, the COUNTY by Resolution No.7-f;;/ - ICjf(6
dated..Jvit.~/ /7, /996, attached hereto as Attachment "8", which by
reference hereto shall become a part hereof, 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 landscaping except
the turfed/sodded areas within the limits described by
Attachment "A", or subsequent amended lifUits mutually agreed
to in writing by both parties. Th~ COUNTY shall be
responsible for the maintenance activities described below:
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S.P.N. 90000-3525
1 . 2.
la. Vegetation will be maintained so as ito prevent a visual
or other safety hazard for those us~ng or intending to
use the right of way and the pedestrian path.
lb.
To remove and dispose of dead,
deteriorated plants. Plants
agreement to be trees and
turfed/sodded areas.
diseased or otherwise
are defined in this
ground cover, except
lc. To keep plants as free as possible from disease and
harmful insects.
ld.
To remove and
branches, etc
described by (la)
above.
dispose of all trimmings, roots,
..., resulting from the activities
througb (lc) inclusively as described
le. To keep the 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.
The COUNTY shall not be responsible for the clean-up, removal
and disposal of debr,is or replacement of any part of this
project wi thin 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
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
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 pedestrian path and landscaped area(s)
declared deficient with DEPARTMENT and/or independent
Contractor's material, equipment and personnel and
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S.P.N. 90000-3525
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 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 hereyo 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 tha~ the adjacent state
road be widened, altered or otherwise changed and maintained
to meet with future criteria or planningi 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.
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 DEPARTM~NT.
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Agreement,
regardless
of
where [executed
shall
be
9.
This
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S.P.N.90000-3525
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 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. .
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.l.
Key West, Florida 33040
Attention: Director of Public Works
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S.P.N. 90000-3525
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.
PATH AND LANDSCAPING AGREEMENT WITH MONROE COUNTY
MONROE COUNTY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
cS
BY:
County
District Secretary
ATTEST:' ATTEST:
County Clerk (Seal) Executive Secretary
APPROVED AS TO LEGAL FORM:
BY:
Office of the General Counsel
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S.P.N. 90000-3525
ATTACHMENT "A"
THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S
PEDESTRIAN PATH AND LANDSCAPE. CONSTRUCTION PROJECT
ESTIMATED. 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.
STATE PROJECT NO.:
WPI NO.
PROJECT LIMITS
5 (US 1)
90000-3525
6116913
Upper Matecumbe Key from M.P. 6.036 to M.P.
9.815 (Park Dr.) at a width of 3 meters (1.5
meters on each side of centerline of
pedestrian path) on both sides of SR 5/US 1.
The County is responsible for the path and
landscape improvements constructed under
this proj ect only. The Department retains
all other responsibility for the State
right-of-way.
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