Fort Walton Beach Council agenda — 09-13-11 regular — reading text

to maintain the Project Highway Area sidewalk and landscaping improvements by performing litter removal, sidewalk maintenance, and landscape Cm maintenance. c NOW THEREFORE, for and in consideration of the mural benefits that flow each to the r other, the parties covenant and agree as follows: OO LL 1. Unfit such time as the sidewalk and landscaping improvements are removed from the Projea Highway Area, pursuant to Paragraphs 3 and 5, the City shall at all times maintain the sidewalk and landscaping improvements in a reasonable manner and with due care, including liner removal, in accordance with the latest edition of the Department'. Standard Specifications for Road and Bridge Constructi and current Dtlxaa: ea a w standards of the Americans with Disab' lifies Act of 1990 ( ADA). ne1CtM: plioble Oepa: mim sumn" es ::amum. m p:« m o Y 1 Maintenance of the Project Highway Area shall be subject to periodic inspections rwmatta l: Font r1 pt m Department. In the event that any of the aforementioned responsibilities are not carved earned ed y out or are otherwise determined by the Department to be not in conformance with the p Department's applicable guidelines, standards and procedures, the Department may, at its C option and in addition to its right of termination under Paragraph 4( a), perform any necessary maintenance without the need of any prior notice to the City and charge the 3 G cost thereof m the City. 3. It is understood between the parties harem that any or all of the sidewalk and landscaping w improvements in the Project Highway Area may be removed, relocated or adjusted at any a0 time in the fame, as determined to be necessary by the Department in order that the State E Road may be widened, altered or otherwise changed to meet the furore criteria or N planning of the Department The Department shall provide the City a written notice regarding such removal, relocation or adjustment and shall allow the City sixty ( 60) days 0 LL to remove all or part of the sidewalk and landscaping improvements in the Project c LUEA 6 Packet Pg. 28  Highway Area at its own cost. The City will own that part of the improvements it removes from the Project Highway Area. After the sixty ( 60) day removal period, if the City has not appropriately removed, relocated or adjusted the improvements, the Deparm ant will become the owner of the nonconforming portion(s) of the Project Highway Area and the Department then may remove, relocate or adjust the Projecl Highway Area sidewalk and landscaping improvements as it deems best, with the City being responsible for the associated costs. 4. Thiseemrnt may be terminated under anyone of the followingconditions_ - rasitateii a) By the Department, if the City fails to perform its duties under this Agreement 0 following fifteen ( 15) days written notice 3 0 b) By either party fallowing slaty ( 60) calendar days written notice. 0 5. In the event this Agreement is terminated in accordance with Paragraph 4, the City shall have sixty ( 60) days after the date upon which this Agreement is effectively terminated to m remove all or part of the remaining sidewalk and landscaping improvements in the y Project Highway Area and to restore it to then current Department standards at its own cost and expense. The City will own those improvements removed from the Project Qto Highway Area. After the sixty ( 60) day removal period, if the City has not restored the u Project Highway Area to then current Department standards, the Department may then take any restoration action within the Project Highway Area, as it deems best, with the m City being responsible for any costs incurred, including restoration casts. c_ cin 1s 6. The parties are political subdivisions as defined in Section 768. 28, Florida Statues, and agree to be rally responsible for acts and omissions of thew own agents or employees to ti the extent permitted by law. Nothing herein is intended to serve m a waiver of sovereign O immunity by either party to which sovereign immunity may be applicable. Furth", nothing herein shall be construed as consent by either political subdivision to be sued by third parties in any matter arising out of this Agreement or any other contract related to this Agreement. r 7. This Agreement embodies the entire agreement and understanding between the parties n hereto and there are no other agreements or understandings, oral or written, with u reference to the subject matter here of that are not merged herein and superseded hereby. 40a 8. enter This Agreement maytonote assiservices gned or performed transferredbybyathecontractor City except that the City may N into a contract to a co have the c3 9. The City c3 0 a) Shall utilize the U.S. Dimatearat mfHorneland S dN' E- Verify system to verify rnt elieibiliN of all new employees himd by the City during the term of the the east, 8nd LOnUBCI' an W Q b) Shall cUmanaly mantim My subcontonctQ9 permitting marsuant to the state contract to likewise utilize the U. S. __ k or minvidirs, artment of Homeland 0 r Sermirva E- Vcrifv xvileon m verify the 1[ eligibility of all new employees O hired by the subcontractor during the contract t Packet Pg. 29  E-8-2a 14 This Agreement shall be governed by and construed in accordance with the JAws of the Stare of Florida. - . ueklaE: L IL All notices, demands, requests or other Instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered in certified with rmam receipt requested, or by telex or telegram: a) If to the Department addressed co: FLORIDA DEPARTMENT OF TRANSPORTATION P. O. BOX 607 CHIPLEY, FL 32428 Qc or at such other address as the Department may from time in time