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Home My WebLink AboutExhibit - Interlocal AgreementExhibit '1' INTERLOCAL AGREEMENT FOR INSTALLATION AND MAINTENANCE OF STREETLIGHTS WITHIN MIAMI-DADE COUNTY RIGHT-OF-WAY BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY WHEREAS, the City of Miami has requested permission to install nonstandard streetlights within the Miami -Dade County public rights -of -way (the "Improvements"), along certain portions of NE 2nd Avenue in the areas depicted in the sketch attached as Exhibit "A"; and WHEREAS, the City of Miami and Miami -Dade County are mutually desirous of providing assurances for the future continued maintenance, repair and replacement of the Improvements; and WHEREAS, the City of Miami shall be responsible for the operation and maintenance of the Improvements. NOW, THEREFORE, in consideration of the covenants herein provided, the City of Miami and the County agree as follows: 1. The foregoing recitals are incorporated herein. 2. The City of Miami shall be responsible for the installation and continuous operation, maintenance, repair, and replacement, when necessary, of the streetlight improvements and systems. Operation and maintenance of such streetlights and streetlight systems shall include, but not be limited to, responsibility for the payment of electricity and electrical charges, underground locates, spot painting, graffiti abatement, periodic inspection, electric repairs, and emergency/storm event response. If it becomes necessary, as determined in the sole discretion of Miami -Dade County, for Miami -Dade County to make repairs, maintain or replace the Improvements including but not limited to restoration of the street, by reason of the City of Miami's failure to do so, Miami -Dade County has the right, but not the obligation, to repair, maintain, or replace same, and such expense shall be paid by the City of Miami upon written request of Miami -Dade County. However, nothing contained herein shall be construed as creating an obligation or responsibility for Miami -Dade County to inspect, repair, replace, or maintain such Improvements. 3. To the extent allowed by and subject to the limitations of Florida Statute Section 768.28, the City of Miami does hereby agree to indemnify and hold Miami -Dade County, its officials, employees and instrumentalities, harmless from any and all liability for any damage, injury, or claim that may arise by virtue of the installation of the nonstandard streetlights, or the exercise of any rights, obligations or actions under this Agreement, including but not limited to Miami -Dade County's permission for the installation of same, or from the City of Miami's failure to maintain, repair, replace, or operate the Improvements. { 30938918;1 } 4. The undersigned further agrees that these conditions shall be deemed a continuing obligation between the City of Miami and Miami -Dade County and shall remain in full force and effect and be binding on the City of Miami, and any permitted successors or assigns, until such time as this obligation has been cancelled, in the sole and absolute discretion of Miami -Dade County, by an affidavit filed in the Public Records of Miami - Dade County, Florida by the Director of the Miami -Dade County Public Works and Waste Management Department (or their fully authorized representative). Prior to executing said affidavit, the lighting system shall be subject to inspection by Miami -Dade County, and the nonstandard lighting fixtures shall have been replaced with standard lighting fixtures, the lighting system shall be in good working order and in compliance with the applicable National Electrical Code in effect at that time. Any expenses for repairs, replacements, or corrections shall be paid by the City of Miami. 5. In the event that the City of Miami requests any third party to assume any of the responsibilities hereunder, the City of Miami acknowledges that such assumption shall not relieve the City of Miami from any obligations or responsibilities hereunder. Prior to allowing such assumption, the City of Miami shall require such third party to additionally indemnify Miami -Dade County from any and all liability for any damage, injury, or claim that may arise by virtue of the installation of the Improvements, or for the failure to maintain or operate the Improvements, and additionally, Miami -Dade County shall be named as an additional insured on any insurance provided by such third party to the City of Miami. No transfer, conveyance, or assumption, in whole or in part, of any right, obligation, or responsibility hereunder shall be allowed absent prior written notification to Miami -Dade County no less than fifteen days prior to such transfer. Additionally, such transfer must include the recordation of the Covenant attached as Exhibit "B," which shall not be amended, modified, or released without written approval by the County Mayor or Mayor's designee. 6. Nothing in this Agreement, expressed or implied, is intended to: (a) confer upon any entity or person other than the parties and any permitted successors or assigns, any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. Additionally, nothing herein shall be deemed to constitute a waiver of any rights under Florida Statute Section 768.28, or as a waiver of Miami -Dade County's sovereign rights, including but not limited to the issuance of permits. 7. The language agreed to herein expresses the mutual intent and agreement of Miami -Dade County and the City of Miami, and shall not, as a matter of judicial construction, be construed more severely against one of the parties from the other. 8. Miami -Dade County retains all of its sovereign prerogatives and rights as a county under Florida laws and shall in no way be estopped from withholding or refusing to issue any approval or permit as provided for under Florida law, including but not limited to the Miami -Dade County Code and Public Works Manual. {30938918;1} 9. Any obligations hereunder for payment or indemnification of Miami -Dade County that arise prior to the termination of this Agreement shall survive the termination of this Agreement. 10. 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), postage prepaid, to the other parties at the addresses stated below or at the last address provided by a party to the other party at which to receive notice. City: County : City Manager City of Miami 411 S.W. 2"d Avenue, 10th Floor Miami, Florida 33130 Director of Public Works City of Miami 444 S.W. 2'd Avenue, 8th Floor Miami, Florida 33130 Miami -Dade County Director of Public Works and Waste Management Dept. Stephen P. Clark Center 111 Northwest First Street 14th Floor Miami, Florida 33128 IN WITNESS WHEREOF, the City of Miami has caused this instrument to be executed by its respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal ATTEST: corporation By: Todd Hannon, City Clerk Daniel J. Alfonso, City Manager APPROVED AS TO LEGAL FORM {30938918;1 } AND CORRECTNESS: Victoria Mendez City Attorney APPROVED AS TO CONTENT: Eduardo (Ed) Santamaria, P.E., CGC Director, Department of Public Works (ACKNOWLEDGMENT - CORPORATION) STATE OF FLORIDA MIAMI DADE COUNTY } } } SS. BEFORE ME, the undersigned authority, this day personally appeared and both being to me well known and known by me to be the of the City of Miami, a corporation under the laws of the State of Florida, and which said Corporation is known by me to be the person described in and which executed the foregoing Covenant, the said officers of the said Corporation being likewise known by me to be the officers thereof who, in their official capacities as such officers of said Corporation executed, signed and delivered the said Covenant as the act and deed of said Corporation, and the said officers of said Corporation then and there severally acknowledged to and before me that they executed the said Covenant, acting in their said official capacities, for and as the act and deed of the said Corporation and in its name, and impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after being thereunto by the said Corporation duly authorized and directed. WITNESS my hand and official Seal at , in the County and State aforesaid, on this, the day of , A.D. 20 Notary Public, State of My Commission Expires: MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA {30938918;1} By: Mayor or Mayor's Date Designee Stephen P. Clark Center 111 N.W. 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: By: Deputy Clerk Date {30938918;1 } m x c MI, -`MI DESIGN DISTRICT Future Development 1st Floor WORK IN RIGHT OF WAY