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R-08-1597CITY OF CLERMONT RESOLUTION NO. 1597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA AUTHORIZING EXECUTION OF THE HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, RELATING TO STATE ROAD 50 RIGHT-OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City seeks to install and maintain certain landscaping within the right-of-way of State Road 50; and, WHEREAS, the State of Florida Department of Transportation agrees under certain conditions and has requested the City to execute and deliver to the State of Florida Department of Transportation the HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT for the aforesaid project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont that: Section 1 The City Council hereby authorizes the Mayor of the City to execute and deliver to the State of Florida Department of Transportation the HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT for the aforementioned project. Section 2 This Resolution shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED by the City Council of the City of Clermont this 14`h day of October, 2008. Harold S. Turville, Mayor 1 Atte ~j ~~ `'C Tracy Ackroyd, City Clerk HIGHWAY LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 15 day of October 2008, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the City of Clermont, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 50 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the right of way of State Road 50; and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY; and WHEREAS, Rule 14- 40.003(3)(c), Florida Administrative Code, requires the parties to enter into an Agreement designating and setting forth the responsibilities of each party; and 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 AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s) included as Exhibit "A." Such installation shall be in conformance with Florida Administrative Code Rule 14- 40.003, as it may be amended from time to time. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping in accordance with the Landscape Maintenance Plan(s) included as Exhibit "B." Said maintenance will be in accordance with Florida Administrative Code Rule 14- 40.003, as it may be amended from time to time. The AGENCY's responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14- 40.003(3)(a)5. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by AGENCY shall be in accordance with the Maintenance of Traffic Plan(s) included as Exhibit "C" and Florida Administrative Code Rule 14- 40.003(5). 4. If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above - mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT, the Director of Transportation or his /her designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. The certified letter shall be sent to: City of Clermont, 685 West Montrose Street, Clermont, FL 34711. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) If installation is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and invoice the AGENCY for the reasonable cost incurred or deduct the reasonable cost incurred from funds otherwise due the AGENCY by the DEPARTMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel, and invoice the AGENCY for the reasonable cost incurred or deduct the reasonable cost incurred from funds otherwise due the AGENCY by the DEPARTMENT, or (c) The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right -of -way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with DEPARTMENT or Contractor's personnel, and invoice the AGENCY for the reasonable cost incurred or deduct the reasonable cost incurred from funds otherwise due the AGENCY by the DEPARTMENT. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove the same. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The term of this AGREEMENT commences upon execution. 8. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other AGREEMENTS and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 10. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. 11. Public Entity Crime - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or rely on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12. Anti- Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year above written. CITY OF CLERMONT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION arold S. 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