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HomeMy WebLinkAboutR-13-0062City of Miami Legislation Resolution: R-13-0062 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00118 Final Action Date: 2/28/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE, WAIVER OF LIABILITY AND COVENANT NOT TO SUE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA POWER AND LIGHT COMPANY TO INSTALL AND MAINTAIN LIGHT -EMITTING DIODE ROADWAY LIGHTING ON ROADWAYS UNDER THE JURISDICTION OF THE CITY OF MIAMI, FLORIDA. WHEREAS, the City of Miami ("City") desires, and the Florida Power and Light Company ("FPL") agrees, to implement a Light -Emitting Diode ("LED") Roadway Lighting Pilot Program ("Program") on McDonald Street (Southwest 32nd Avenue), a City maintained roadway, between US 1 and Grand Avenue, Miami, Florida; and WHEREAS, the Program will replace the existing street lighting fixtures and lamps with the latest LED lighting fixtures from General Electric; and WHEREAS, the use of this lighting system is new to the City and FPL has requested that the City release and covenant not to sue for FPL regarding the LED lighting in the case of litigation; 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 adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute a Release, Waiver of Liability, and Covenant Not to Sue Agreement, in substantially the attached form, with FPL, for the installation and maintenance of LED roadway lighting on roadways under the jurisdiction of the City. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: City of Miami Page 1 of 2 File Id: 13-00118 (Version: 1) Printed On: 8/22/2017 File Number: 13-00118 Enactment Number: R-13-0062 {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 13-00118 (Version: 1) Printed On: 8/22/2017