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HomeMy WebLinkAboutTransmittal for Approval of Maintenance Agreemento"or HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Maintenance Agreement for 512 Flagpole project Ap ve r Submittal by: r, City Manager Agenda No. ()9. D `i ff Department Origin: GM City Attorney: City Clerk: Date Submitted: 03/17/2009 For Agenda of: 03125/2009 Exhibits: Resolution No. R-09-14; 1. 512 Maintenance Agreement; 2. Exhibit A; 3. Exhibit B EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: -0- -0- -0- SUMMARY The County has granted permission for the City to install a mast arm flagpole, a nautical gateway feature to the downtown area, within the right of way on County Road 512 (Sebastian Boulevard). The County has requested that the City assume maintenance responsibility for the flagpole, landscaping, irrigation and any other hardscape improvements as part of the project. Maintenance will include periodic trimming, mowing, litter pickup, and repair. It also indicates that the City is responsible for any ongoing costs related to the electricity and water utilized on the site. In the event the City utilizes a contractor to install or maintain said improvements, the City must ensure that the contractor is abiding by the terms of the agreement. RECOMMENDATION Move to approve Resolution No. R-09-14 which authorizes the City Manager to execute the attached 512 Maintenance Agreement. MLT IERASTi N HOME OF PELICAN ISLAND COUNTY ROAD 512 MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 25ih day of March, 2009, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and the CITY OF SEBASTIAN, a municipal corporation existing under the Laws of Florida, hereinafter the "City". This document contains four (4) pages. 1. The City hereby agrees to install,. or cause to be installed a flagpole, landscape, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the "Project" and incorporated herein as Exhibits A & B. If there are any major changes to the plans, the City shall provide the modified plans and the County shall provide their approval or disapproval within 10 business days. The City may elect to withdraw the landscape if changes me not approved within the given time frame. Failure for the County to provide either approval or disapproval shall not constitute permission to amend changes to the plan. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. The City is prohibited from placing any non -breakaway structures within FOOT Greenback clear zones. 2. The City agrees to maintain the landscape and irrigation within the Project boundary as specified in Exhibit B by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting. The City's responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the Project boundary. The City shall maintain in proper condition the flagpole and the. flag(s). Such maintenance to be provided by the City is specifically set out as follows: a. To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2) pruningsuch parts thereof which present a visual hazard for those using the roadway. b. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. CX A�/i1T i c. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. d. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the Project area (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well as on -going cost of water we the maintaining City's responsibility. The above named functions to be performed by the City may be subject to periodic inspections by the County at the discretion of the County. Such inspection findings will be shared with the City and shall be the basis of all decisions regarding, repayment, reworking or Agreement termination. The City shall not change or deviate from said plans without written approval of the County. 3. If at anytime after the City has assumed the landscape installation and/or maintenance responsibility above -mentioned, it shall come to the attention of the County's Public Works Director that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said County Public Works Director may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the City, to place said City on notice thereof. Thereafter the City shall have a period of Ninety (90) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the County may at its option, proceed as follows: a. Maintain the project area or a part thereof utilizing County personal or its agents, and invoice the City for expenses incurred, or b. Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by County's personal or its agents, all of the improvements installed under Us Agreement or any preceding agreements and charge the City the reasonable cost of such removal. 4. It is understood between the parties hereto that the Project improvements covered by this Agreement may be removed, relocated or adjusted at anytime in the future as determined to be necessary by the County in order that the adjacent road be widened, altered or otherwise changed to meet with future criteria or planning of the County. The City shall be given sixty (60) calendar days notice to remove said landscape after which time the County may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the City's responsibility. 5. The City agrees to reimburse the County all monies expended for the Project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one (1) of the following conditions: a. By the County, if the City fails to perform its duties under Paragraph 3, following ten (10) days written notice. b. By the County, for refusal by the City to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. c. By the City, if it provides written notice of its intent to terminate this agreement. Upon written notice by the City, the County shall have two options: (1). Direct the City to remove all improvements within the Project area. Once notice has been provided to the City to remove the improvements from the project area, the City shall have 30 days to complete the required work; or, (2) The County may take over and maintain the project at its own expense, in which case the City is relieved from any further obligations hereunder. The term of this Agreement commences upon execution. 8. The City is a municipality under the laws of Florida and agrees to be fully responsible for acts and omissions of their agents or employees. Nothing in this agreement shall be construed or interpreted to serve as a waiver of sovereign immunity by any party. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. In the event that City contracts with a third party to provide the services set forth herein, any contract with such -third party shall include the following provisions: a. City's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name County as an additional insured. b. City's contractor shall furnish City with Certificates of Insurance of Endorsements evidencing the insurance coverage's specified herein prior to the beginning performance of work under this Agreement. c. Coverage is not to cease and is to remain in fall force and effect (subject to cancellation notice) until all performance required of City's contractor is completed. All policies must be endorsed to provide City with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be famished at least (30) days prior to the date of expiration. 9. 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. 10. The County's Public Works Director shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 11. This Agreement may not be assigned or transferred by the City in whole or part without the consent of the County. 12. 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 contract and Florida law, the laws of Florida shall prevail. 13. Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the County: If to the City: Public Works Director City Manager Indian River County City of Sebastian 1801 27th St. Building A 1225 Main Street Vero Beach, Florida 32960 Sebastian, FL 32958 In Witness Whereof, the parties hereto have executed this Agreement effective the date and year first above written. Indian River County City Of Sebastian Bv:, Bv: Public Works Director City Manager Attest: Attest: Clerk City Clerk Approved as to Form and Legality for Approved as to Form and Legality for Reliance by the Indian River County only: Reliance by the City Of Sebastian only: County Attorney Robert Ginsberg, City Attorney RESOLUTION NO. R-09-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CONSTRUCTION AND MAINTENANCE OF A MAST ARM FLAGPOLE; PROVIDING FOR THE ADOPTION OF A MAINTENANCE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY; DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND IMPLEMENT THE MAINTENANCE PROGRAM AS REFERENCED; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO (2) PAGES. WITNESSETH: WHEREAS, the County has jurisdiction over County Road 512 as part of the County Road System; and WHEREAS, the City wishes to construct and maintain a flagpole, including landscape vegetation on a portion of the 512 county right-of-way, as described further described in Exhibit A; and WHEREAS, the parties hereby mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the City of Sebastian desires to enter into said 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: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the County Road 512 Maintenance Agreement between the City Of Sebastian and Indian River County as attached hereto as Exhibit 1. Section 2. EXECUTION. The City Manager is hereby authorized to initiate actions he deems reasonable and appropriate to construct and maintain the site established for the mast arm flagpole. Section 3. CONFLICT. All resolutions, or parts of resolutions, in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gilmore Vice -Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 25" day of March 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA zi Mayor Richard H. Gilmmor Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsb:rg, City Attorney