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HomeMy WebLinkAboutR-94-0743J-94-839 10/19/94 RESOLUTION NO. 94_ 743 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE PROGRAM TO BE KNOWN AS "THE AMERICAS MILE" WHICH WILL INCLUDE THE INSTALLATION AND MAINTENANCE OF ALUMINUM SEALS ON STREET LIGHT POLES LOCATED ALONG THE RIGHTS -OF -WAY IN THE DOWNTOWN BUSINESS DISTRICT, MIAMI, FLORIDA; APPROVING THE COUNTRIES AND OTHER PLACES TO BE RECOGNIZED BY AN ALUMINUM SEAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH KIWANIS CLUB OF THE AMERICAS "KIWANIS", TO IMPLEMENT SAID PROGRAM. WHEREAS, the City Commission adopted Resolution No. 93-719 on November 4, 1993, approving, in principle, the implementation of a project by the Kiwanis Club of the Americas entitled "The Americas Mile", in which aluminum seals of countries which comprise of the North and South American Continents will be installed on existing concrete street light poles located along the rights -of -way in the Downtown Business District; and WHEREAS, the City of Miami is responsible for the maintenance of the City of Miami public rights -of -way; and WHEREAS, the Kiwanis Club of The Americas has agreed to assume the responsibility for the installation and maintenance of the aluminum seals on said poles in the Downtown Business District; and WHEREAS, the City Commission wishes to grant the approval herein requested by the Kiwanis, said approval subject to the CITY COMMMSSION MEETING OF 0 Ci 2 % 1994 Resolution No. 94- 743 acceptance of an agreement and compliance with all City and County regulations; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Program hereinafter known as "The Americas Mile" is hereby approved, said Program to include the installation and maintenance of aluminum seals on street light poles located along the rights -of -way in the Downtown Business District (Biscayne Boulevard between Southeast 2nd Avenue and Northeast 6th Street), Miami, Florida. Section 3. The following countries and designated city, county and state are hereby approved to be recognized by an aluminum seal: Antigua and Barbuda Argentina The Bahamas Barbados Belize Bolivia Brazil Canada Chile Colombia Costa Rica. Cuba Dominica Dominican Republic Ecuador El Salvador Grenada Guatemala Guyana Haiti Honduras Jamaica Mexico Nicaragua Panama Paraguay Peru Puerto Rico St. Kitts amd Nevis St. Lucia St. Vincent and the Grenadines Suriname Trinidad and Tobago United States of America Uruguay Venezuela City of Miami Metropolitan Dade County State of Florida 94- '743 -2- Section 4. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Kiwanis Club of the Americas "KIWANIS", to implement said Program. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of October 1994. STEPHEN P. CLARK, MAYOR ATT S OOW M Y HIRAI CITY CLERK PREPARED AND APPROVED BY: C� IRMA M. ABELL ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A QU N JO I CITY ATTO BSS:M4706 -3- 94- "743 i THIS AGREEMENT is made and entered into this day of 19 , by and between the Kiwanis Club of The Americas a nonprofit organization, parties of the first part, (hereinafter called "Kiwanis"), and the City of Miami, Florida, a municipal corporation of the State of Florida in the County of Dade, party of the second part, (hereinafter called "City"). WHEREAS, the Kiwanis wishes to undertake a project consisting of the installation of aluminum seals depicting the official seals of those countries that represent geographically the American Continent (hereinafter called the "Seals") within the public right-of-way of Biscayne Boulevard between Southeast 2nd Avenue and Northeast 6th Street, in Miami, Florida, to be identified and known as The Americas Mile Project (hereinafter called the "Project"); and ' WHEREAS, in its undertaking of the Project. Kiwanis wishes to replace the two "welcome" signs located at Biscayne Boulevard with a new sign bearing the message "welcome to Miami and its America's Mile, a tribute to the multi -ethnic community of South Florida," also bearing the legend "Kiwanis Club of The Americas"; and WHEREAS, the Kiwanis has requested approval from the City to undertake the Project within the public right-of-way of the Downtown Business District of the City; and 94- 743 WHEREAS, the City, the State of Florida Department of Transportation (hereinafter called "DOT"), and Florida Power and Light Company (hereinafter called "FP&L"), mutually recognize that the Project can be efficiently and effectively performed by the Kiwanis; and WHEREAS, the City, DOT and FP&L agree upon the need for entering into an agreement designating and setting forth the responsibilities of the parties; and WHEREAS, City has required the execution of this Agreement as a condition to its approval of the Projeot. NOW, THEREFORE, in consideration of the City's express grant of approval of the undertaking of the Project, subject to the terms and conditions set forth hereinbelow, and in further consideration of these premises, Kiwanis does hereby agree with City as follows: 1. The foregoing recitals are true and correct and are incorporated herein and made a part hereof as if fully set forth in this section. 2. Kiwanis agrees to install aluminum seals depicting the official seals of those countries that represent geographically the American Continent which are listed in Exhibit "A" attached hereto and made a part hereof, on the existing street light poles within the public right-of-way on the median area along Biscayne Boulevard, between Southeast 2nd Avenue and Northeast 6th Street within the Downtown Business District of the City of Miami (hereinafter called the "Designated Area"), as indicated on Exhibit "B" attached hereto and made a part hereof, and in accordance with City of Miami standards and speoifioatio9� _ 743 -2- G i 3. Kiwanis agrees to assume full responsibility for the placement and maintenance of Seals within the Designated Area. 4. Kiwanis agrees to routinely and periodically inspect and maintain the Seals from the inception of the Project until such time that Kiwanis is released in writing from said responsibility by the City. Said inspections shall take place within six (6) months after the Seals are installed and yearly, thereafter. 5. In the event that Kiwanis, its heirs, successors or assigns fail to properly maintain the Seals so that, in the sole discretion of the Director of the Department of Public Works, they are found to be a hazard to the health, welfare or safety of the general public, City shall give Kiwanis written notice of such failure by certified mail, return receipt requested. Kiwanis shall, within ten (10) days from receipt of such notice, either (i) restore the Seals to a safe condition satisfactory to City, or (ii) remove the Seals and restore the right-of-way to City standards at no cost or expense to City. 6. In the event that Kiwanis, its heirs, successors, or assigns fail to either restore the Seals to a safe condition satisfactory to City, or remove the Seals and restore the right- of-way within the specified time as set forth in Section S hereinabove, City may remove the Seals at Kiwanis' cost, and deny Kiwanis any subsequent requests for Seal installation or replacement permits. 7. Kiwanis shall provide the Seals, supporting arms and brackets and hardware, all of which shall be subject to the 94- '743 -3- El City's, Planning, Building and Zoning and Publio Works Departments', DOT's and FPML's approval prior to their installation. 8. Kiwanis shall obtain, at its own oost and expense, a Class II sign Special Permit as required by Ordinanoe 11000, the zoning ordinanoe of the City of Miami, as amended, for each Seal, prior to its installation pursuant to this Agreement. 9. The Seals and their supporting arms and brackets shall be installed on existing oonorete street light poles (not metal poles) at a height of sixteen (16) feet from ground level, in the Designated Area. Only those light poles not having primary voltage installations, that is, not having lines or equipment operating at 4160 volts or above shall be used. 10. In the event that any installed Seals or supporting arms and/or braokets are found, in the sole discretion of the Direotor of the Department of Publio Works (hereinafter called "Direotor") to fail to oonform to City's standards and speoifioations, City shall give Kiwanis written notioe of suoh failure by oertified mail, return reoeipt requested. Kiwanis shall, within five (8) days from receipt of suoh notioe, either (i) remove the Seals and restore the right-of-way to City standards at no oost or expense to City, or (ii) repair or replaoe the Seals and/or supporting arms and/or braokets so that they are in a000rdanoe with City's standards and speoifioations. Should Kiwanis fail to remove, repair or replaoe the Seals and/or arms and/or braokets within the time hereinabove indioated, City may remove the Seals and/or arms and/or braokets and deny Kiwanis 94- '743 -4- any subsequent requests for Seal installation or replacement permits. 11. In the event that FP&L, DOT, or the City shall undertake any work in the Designated Area which requires the temporary removal of the Seals and/or the supporting arms and/or brackets, Kiwanis shall, at its own expense, remove and replace said Seals, arms and/or brackets when required in writing by the City to do so. 12. Kiwanis shall remove all installed Seals and supporting brackets at its own cost and expense whenever a state of "hurricane watch" is announced by the National Weather Service for the Greater Miami area. 13. Kiwanis covenants and agrees to indemnify and hold harmless the City, DOT and FPYL, and all their officers, agents and employees from any claim, loss, damage, cost, charge or expense of any kind whatsoever, arising out of any act, action, neglect or omission 000urred or alleged to have occurred during the performance of the Project and/or resulting from the installation and/or maintenance of the Seals within the Designated Area. Kiwanis shall defend the City, DOT and FPVL from any suit or legal cause of action whatsoever resulting from the Projeot and/or the rights given Kiwanis under this Agreement. 14. Kiwanis shall keep in force during the term of this Agreement a comprehensive general liability insurance policy in an amount acceptable to the City's division of Risk Management, naming the City as an additional insured for bodily injury and property damage. Said policy shall provide that no material 94- '743 no change cancellation or termination shall be effective unless sixty (60) days prior notice of said change, cancellation or termination has been given to City. 15. Kiwanis agrees that neither City, DOT or FP&L shall be held liable for any loss or damage to the Seals, their supporting brackets or hardware. 18. Kiwanis shall not assign, sublet or transfer its interest under this Agreement without the City's, DOT's and FPVL's prior written consent to such assignment, sublease or transfer. 17. In the event that Kiwanis should become dissolved, or should the City release Kiwanis from its responsibilities under this Agreement pursuant to paragraph four (4) hereinabove, City shall have the option of assuming the responsibilities hereunder or assigning said responsibilities to a third party. In either event, the installed Seals, arms and brackets and mounting hardware shall become the property of the City. 18. This writing embodies , the entire Agreement and understanding between the parties hereto. Any other agreements or undertakings, oral or written regarding the subjeot matter of this Agreement shall be merged herein and superseded hereby. No alterations, changes or modifications of the terms of this Agreement shall be valid unless made in writing and signed by each party hereto. 19. This Agreement shall be governed and construed according to the laws of the State of Florida. 94- 743 20. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail, return receipt requested, to the other parties at the addresses stated below or at the last address given by the parties to be notified as hereinafter specified: Kiwanis Club of The Americas P.O. Box 661687 Miami, FL 33266-1687 City of Miami City Manager P.O. Box 330708 Miami, FL 33133 and Director of Public Works 278 Northwest 2nd Street Miami, FL 33128 IN WITNESS WHEREOF, Kiwanis Club of the Americas has caused these present to be executed and signed in it name by its proper officers and its corporate seal to be affixed hereto and attested to by its secretary, the day and year first above set forth. 1st Witness to Both Signatures Print Name Print Address City, State and Zip Code KIWANIS CLUB OF THE AMERICAS JUAN ROMERO, President ATTEST: CECILIA DE GARNICA, Secretary 94- '743 -7- 2nd Witness to Both Signatures CORPORATE SEAL Print Name Print Address City, State and Zip Code STATE OF FLORIDA) COUNTY OF DADE) The foregoing instrument was acknowledged before me this day of A.D., 19 by JUAN ROMERO, President of the Kiwanis Club of The Americas, Inc., a non-profit organization, on behalf of the organization. He is personally known to me or has produced as identification and did (did not) take an oath. (Signature of person taking acknowledgment) (Name of aoknowledger typed, printed or stamped) (Title or rank) (Serial number, if any) STATE OF FLORIDA) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , A.D., 19 , by CECILIA DE GARNICA, Secretary of the Kiwanis Club of The Americas, Inc., a non-profit 94- 743 -8- organization, on behalf of the organization. She is personally known to me or has produced as identification and did (did not) take an oath. APPROVED AS TO FORM AND CORRECTNESS: (Signature of person taking acknowledgment) (Name of acknowledger typed, printed or stamped) (Title or rank) (Serial number, if any) APPROVED: 0 A. Quinn Jones, III Department of Public Works City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Mario Soldevilla Assistant Director Risk Management Department M473/IMA/bjr 94- 743 CAw29 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of DATE : UG1 18 1994 FILE : the City Commission SUBJECT: Resolution Authorizing Triparty Agreement for "The Americas Mile" FROM : Cesa o REFERENCES: City ger ENCLOSURES: Resolution RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute, on the City's behalf, a tri-party agreement '.in substantially the attached form, with Florida Power & Light and the Kiwanis Club of the Americas, for installation and maintenance of the aluminum seals in the Downtown Business District to recognize those countries that geographically comprise the North and South American continents. BACKGROUND On November 4, 1993, the City of Miami Commission approved Resolution 93-717 authorizing the implementation of a project by the Kiwanis Club of the Americas to install aluminum seals on the existing street light poles in the public right-of-way on Biscayne Boulevard between S.E. 2nd Avenue and N.E. 6th Street to recognize those countries that are members of the Organization of American States. The City of Miami Public Works and Law Departments, Florida Power & Light Company and the Kiwanis Club of the Americas have reviewed the proposed agreement and has deemed it acceptable for the process of installing and maintaining the aluminum seals. It is respectfully recommended that the City Commission adopt the attached Resolution. Attachment: Proposed Resolution 94- '743 4'iq z�-/