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2014-07 FDOT Maintenance Agreement LANDSCAPINGRESOLUTION NO. 2014 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE MOWING, ROADSIDE LITTER REMOVAL, ROAD AND BRIDGE SWEEPING, EDGING AND SWEEPING) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee (CITY), Florida, is very concerned over the appearance of street rights -of -way, sidewalks, medians islands, and interchange areas within the corporate limits of the City of Okeechobee; and WHEREAS, the CITY, after discussion with the State of Florida Department of Transportation (FDOT), believes that it can better preform the maintenance and landscaping of those areas; and WHEREAS, the FDOT has agreed to provide annual funds in the amount of eight thousand, six hundred thirty -two dollars and fifty -nine cents ($8,632.59) for a period of three years; and may be renewed for an additional three years; and WHEREAS, the CITY believes such an agreement to be in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. The Mayor is authorized to execute an agreement entitled "Maintenance Agreement No. BDX99" FM No: 432726- 1- 78 -03, between the CITY, and FDOT. Agreeing to maintenance of traffic, roadside mowing, roadside litter removal, road and bridge sweeping, edging and sweeping as set out in said agreement, attached herewith as Exhibit 1, within medians islands, interchange areas and rights -of- way, in exchange for the payment of eight thousand, six hundred thirty -two dollars and fifty -nine cents ($8,632.59) annually. Payments shall be invoiced by the CITY to FDOT, and disbursed as set out in said agreement. It shall be for an initial term of three years, and may be renewed for an additional three years, contingent upon written mutual consent executed by the CITY and FDOT, and satisfactory performance evaluations by the FDOT. SECTION 2. Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. Resolution No. 2014 -07 Page 1 of 2 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application thereof shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED by the City of Okeechobee, this 15th day of July, 2014. f,/s 4,2Z James E. Kirk, Mayor :ATTEST: OA/ /iLD.tricL., Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: -"f\f\ John R. Cook, City Attorney Resolution No. 2014 -07 Page 2 of 2