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Home My Public Portal AboutChatham County Agreement- Canal Maintenance-7-12-13 LAW OFFICES CALLAWAY, BRAUN, RIDDLE & HUGHES P.C. A PROFESSIONAL CORPORATION TIMOTHY F.CALLAWAY,III 301 WEST CONGRESS STREET REPLY TO DANA F.BRAUN SAVANNAH,GEORGIA 31401 POST OFFICE BOX 9150 R.KRANNERT RIDDLE -------- SAVANNAH,GEORGIA31412 EDWARD M.HUGHES TELEPHONE(912)238-2750 D.SCOTT PORCH,IV FACSIMILE/912)238 2767 THOMAS E.BRANCH,III Voice Mail Extension-108 July 12, 2013 E-Mail-Bhughes(Mcbrhlaw.com Mr. Robert W. Drewry Chatham County Department of Public Works P.O. Box 8161 Savannah, GA 31412 RE: Canal Maintenance File No. 572.14536.763 and 572.22781 • Dear Robert: The City of Tybee Island has executed the canal maintenance agreement that I am enclosing two contracts, each bearing original signatures for the City. Once the county has properly executed the contracts,please return one original to me or directly to the city clerk, Jan LeViner. If you send it to Jan,please just let me know. I hope all is well with you. It's been a while since we have run into each other but, hopefully, I'll see you again soon. With kindest regards, I am Very truly yours, Edward M. Hughes EMH/md • Enclosures cc: Ms. Jan LeViner, via email • Thomas E. Branch, III, Esq., via email • • STATE OF GEORGIA ) COUNTY OF CHATHAM ) AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 2013 by and between Chatham County, a political subdivision of the State of Georgia, hereinafter referred to as COUNTY and City of Tybee Island, a municipal corporation organized and existing under the terms of the State of Georgia, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the Chatham County Board of Commissioners has determined a need for a County Wide Canal Maintenance Program to assist the CITY with the maintenance of the major canals within their city limits; and WHEREAS, the County Wide Canal Maintenance Program will consist of machine cleaning to remove silt, vegetation, spraying with herbicide to reduce aquatic growth and mowing canal maintenance road; and WHEREAS, the Chatham County Board of Commissioners has expressed a willingness to continue the County Wide Canal Maintenance Program to assist the CITY; and WHEREAS, the Chatham County Board of Commissioners has expressed a willingness to participate in a three part maintenance program with the CITY as funds are available and subject to those certain conditions set forth in the agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements, and the benefits to the parties, the CITY and the COUNTY agree as follows: 1. The COUNTY shall maintain an inventory of canals to include the name, designation code and mileage. The COUNTY.shall execute and provide any revisions that the COUNTY deems necessary to reflect changes in the maintenance of the canal. 2. Changes or amendments to the canal inventory must be approved in writing by both parties. I. Canal Cleaning 1. The COUNTY agrees to clean or remove the debris and vegetation from the designated canals once a year. The COUNTY will provide all labor, materials and equipment to perform the removal of silt, debris and vegetation regardless of character of materials or obstructions encountered in the channel of the canal. 2. The COUNTY will secure a utility locate number in accordance to the Georgia Dig Law, if necessary, prior to cleaning a canal's channel where a utility may be in conflict. The COUNTY shall be responsible for all costs involved in the repairing of underground or overhead utilities broke, ruptured or rendered inoperable by the canal cleaning operation. The CITY shall inform the COUNTY of any designated canal listed in its jurisdiction that may have utilities within the right of way of the canal. 3. The CITY will provide a clear access to and passage to the canal's maintenance road, which shall include the installation or removal of gates, the locking and unlocking of gates, removal of vehicles or other obstacles, installation or repairing of piped crossings. The CITY shall provide the labor, material and equipment to repair wash outs on the designated canal's slopes and maintenance road. 4. Material removed from channel of canal is considered to be the property of the CITY. The CITY will obtain and provide a site for disposal of materials removed from the designated canal. The disposal site shall be within the guidelines of the Georgia Environmental Protection Division. The CITY shall be responsible for all costs to the disposal of materials. II. Herbicide 1. The COUNTY will apply an environmentally acceptable herbicide chemical to the aquatic channel of each designated canal. The COUNTY will provide all labor, materials and equipment to apply the herbicide to the designated canals. 2. The COUNTY will insure that the application and handling of any herbicide will be performed under the supervision of staff with a current Georgia Department of Agriculture Pesticide Application License, categories 26 (Aquatic Pest Control) and 27 (Right of Way Pest Control). 3. The CITY will provide a clear access to and passage on the canal's maintenance road, which shall include the installation or removal of gates, the locking or unlocking of gates, the removal of vehicles or other obstacles and the installation or repairing of piped crossing. III. Mowing 1. The COUNTY agrees to mow each designated canal's side slopes, access road, and right-of-ways a minimum of three times per year during the growing season. The COUNTY will provide all labor, material and equipment to cut vegetation on the side slopes, access road and right-of-ways. 2. The CITY will provide the COUNTY, sixty (60) days after this agreement commences, a markup of each canal showing the location of any unmovable obstacles such as raised manholes and utilities that may be damaged by or cause damage to the mowing equipment. The CITY will provide a clear access to and passage on the canal's maintenance road, which shall include the installation and removal of gates, the locking or unlocking of gates, the removal of vehicles or other obstacles and the installation or repairing of piped crossings. IV. Term The term of this agreement is three (5) years with an annual automatic renewal. This agreement may be terminated within sixty (60) days by either party provided written notice is given. The COUNTY does not expressly or impliedly assume any other additional responsibilities or liabilities arising out of its operation in regard to canal cleaning or the application of herbicide or mowing. The laws of the State of Georgia shall govern this Agreement. V. No Compensation to COUNTY COUNTY service rendered pursuant to the County Wide Canal Maintenance Program shall be without charge to the CITY. VI. Responsibility for Expenses and Compensation of Employees The COUNTY shall compensate its employees during the time of rendering service • pursuant to the County Wide Canal Maintenance Program. Such compensation shall include any workers' compensation benefits paid or due for personal injury or death while such employees are engaged in rendering such service. VII. Liability • • Any injury, disability, or death, incurred by any COUNTY employee while rendering service pursuant to the County Wide Canal Maintenance Program shall be deemed to have arisen out of, and to have been sustained in the course of, employment with the • COUNTY. If any COUNTY employee, or anyone on his/her behalf, files a claim for workers' compensation benefits against the CITY for any injury claimed to have been sustained while furnishing service pursuant to the County Wide Canal Maintenance • Program, the COUNTY shall indemnify, defend, and hold harmless the CITY with • respect to such claim at no cost to the CITY. • IN WITNESS WHEREOF, said parties have hereunder set their hands and affixed their seals, the day and year written above. CITY OF TYBEE ISLAND BOARD OF COMMISSIONERS CHATHAM COUNTY, GEORGIA BY: r- - BY: Mayor I Albert J. Scott, Chairman ATTEST: P-4Lit ATTEST: Janice E. Bocook, Clerk to Council Clerk of Commissioners veq 00 A v Q C/ 494.ZJ1"- S24J Vi-N �P �o N Chatham County v.i G �,� W°��%E Canal Maintenance Program,,, F°R ' Tybee Island S f _ } { 7St 3t i } \'''''':;;;:::::.‘,. .1:.:3:::..'..';',.,'.2'...:',:il.':,...':.11::,1::.;",:i.g.:E.::::4;:: ::::::::::::::IV.;-',:;-;::;:..E.::::::,:'...';''.7::::::.:;,:.:::)':',i'::$:.:::::: :::::::: :''..::1 Legend Canal Major Road '''Tybee Island Canal Mileage: 0.59 CANAL CLEANING TYBEE ISLAND CODE NAME EQUIP. MILEAGE START DATE DATE INITIALS DATE IINITIALS ESTIMATED COMPLETION INSPECTION 40 TI - 1 SOLOMON 82 0.2 08/26/13 79 TI - 2 6TH 82 0.15 08/26/13 80 TI - 4 10TH 82 0.1 09/03/13 81 TI - 5 12TH 82 0.14 09/03/13 Total 0.59 •