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COUNTY ROAD 512 MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 25 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 are 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 FDOT
Greenbook 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) pruning such
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.
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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 are 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
this 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.
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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.
7. 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 full 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 furnished 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.
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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:
co County Attorney
If to the County:
Public Works Director
Indian River County
1801 27th St. Building A
Vero Beach, Florida 32960
In Witness Whereof, the parties hereto have executed this Agreement
effective the date and year first above written.
Indian River County
By
V'Joseph E. Fiescher, Vice Chairman
3. K BARTON K
Attest:_ i'���' /%Y.�lr114�/
Deputy Clerk
Approved as to Form and Legality for
anager
Attest:\__.
City Cle
Approved as to Form and Legality for
Reliance by the Indian River County only: Reliance by the City Of Sebastian only:
Robert Ginsburg, City Attorney
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If to the City:
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
City 0 Sebastian
Exhibit B-1
Exhibit B-2
Mast Arm Style Flagpole
Gateway Feature
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