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2018-04 FDOT Contract BE391 Renewal #1 LANDSCAPINGRESOLUTION NO. 2018-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT RENEWAL NO. 1, CONTRACT NO. 6E391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, (City) is very concerned over the appe,rance of street rights-of-way, sidewalks, medians islands, and interchange areas within the corporate limits; and WHEREAS, the City, after discussion with the State of Florida Department cf Transportation (FOOT), believes that it can better perform the maintenance and landscaping of those areas; and WHEREAS, the FDOT has agreed to provide annual funds to the City in the amount of nine thousand, six hundred twenty-five dollars and forty-five cents ($9,625.45) for an initial service term of three years and may be renewed for an additional three years thereafter by mutual agreement in writing of both parties; and WHEREAS, the City Council believes such an agreement to be in the best interest of the citizens of the City. 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 hereby authorized to execute an agreement entitled "State of Florida Department of Transportation Memorandum of Agreement Renewal No. 1, Contract No. 8E391, FM No: 432726-1-78-06" between the City and FDOT. Agreeing to roadside mowing and edging, litter removal, and road and bridge sweeping, as set out in said agreement, within median islands, interchange areas, and rights-of-way of certain State roadways in the corporate limits of the City, in exchange for the payment of nine thousand, six hundred twenty-five dollars and forty-five cents ($9,625.45) annually. Payments shall be invoiced by the City to FDOT and disbursed as set out in said agreement. Initial term of said agreement shall be for one year, and may be renewed for an additional one year, contingent upon written mutual consent executed by the City to FDOT and satisfactory performance evaluations by FDOT. SECTION 2: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason 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 August 4, 2013. INTRODUCED AND ADOPTED in Regular Session this 10th day of July, 2018. ATT T: / '— Dowling R. Watford, Jr., Mayor �Ciixr��w Lane amiotea, C ,- City Clerk REVIE' GED FOR LEG SUF CIENCY: John R. Cook, City Attorney RESOLUTION NO. 2018-04 PAGE 1 OF 1