AGENDA DATE: 8/3/2016
TITLE:
Title
Blue Ridge Heritage Project
BODY
SUBJECT/PROPOSAL/REQUEST: Consideration of a Proposed Agreement with the Blue Ridge Heritage Park for Improvements to Byrom Park
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Letteri, Kamptner, Herrick, Crickenberger, Burrell, Kriebel
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: The Blue Ridge Heritage Project (BRHP) is a volunteer group dedicated to preserving the memory of those displaced by the creation of the Shenandoah National Park. The BRHP plans to construct memorial chimneys in each of the eight counties represented in the National Park. The BRHP approached the County for permission to construct the Albemarle chimney in the County-owned Patricia Ann Byrom Forest Preserve Park (Attachments A and B).
While the County welcomes donations that enhance County facilities and the quality of life, the County must also be mindful to avoid assuming unnecessary risks or liability for construction that it has not procured or directly managed. To limit its risks, the County has entered into agreements with prior volunteer groups that have donated improvements on County property. These prior agreements have provided several protections for the County:
? Both the project plans and the proposed contractor are subject to the County's review and prior approval.
? The contractor is required to insure not only itself, but also the County and the volunteer group.
? The volunteer group has agreed to indemnify (or defend) the County against any claims and provide the primary insurance that covers both the County and the volunteer group, both during and after construction.
In this case, the BRHP has agreed to the first two of the above provisions, but not the third. In other words, the BRHP has agreed (a) that both its project plans and proposed contractor are subject to the County's review and prior approval, and (b) that BRHP's contractor wil...
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