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HomeMy WebLinkAboutExhibit AINTERGOVERNMENTAL AGREEMENT TO ALLOW INSTALLATION BY THE COUNTY OF A RAISED CROSSWALK UNDER A TRAFFIC CALMING PROJECT AND FOR THE CITY OF MIAMI TO MAINTAIN SUCH FEATURE THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO EXECUTE THE ACCEPTANCE OF MAINTENACE BY THE CITY OF THE RAISED CROSSWALK, BY THE COUNTY UNDERA TRAFFIC CALMING PROJECT LOCATED ON BRICKELL BAY DRIVE APPROXIMATELY 500 FEET SOUTH OF SE 8TH STREET ("Agreement") is made and entered into this day of , 2026, by and between the CITY OF MIAMI (the "City"), a municipal corporation of the State of Florida, and MIAMI-DADE COUNTY (the "County"), a political subdivision of the State of Florida. WHEREAS, the City and the County wish to add a new raised crosswalk on Brickell Bay Drive approximately 500 feet south of SE 8th Street; and WHEREAS, a raised crosswalk can reduce vehicle speeds and enhance the pedestrian crossing environment; and WHEREAS, Brickell Bay Drive is maintained by the City of Miami; and WHEREAS, both parties herein wish to facilitate the implementation of a raised crosswalk within the right-of-way of Brickell Bay Drive within City limits, hereinafter referred to as the "Project" described as follows: The Project scope consists of the installation of a new raised crosswalk as part of a traffic calming project; and WHEREAS, upon completion of the raised crosswalk by the County, and in accordance with Section 14, the City shall, at its sole cost and expense, maintain, repair, and replace, as necessary, the crosswalk installed as part of the Project; and WHEREAS, the City shall, at its sole cost and expense, maintain, repair, and replace, as necessary, the road, in a like manner to that of the roadway that is currently in place along Brickell Bay Drive; and WHEREAS, the City, by Resolution attached hereto as Exhibit "A" and by reference made a part hereof, authorized the execution of this Agreement. NOW, THEREFORE, in consideration of the promises and covenants contained herein, THE CITY AND THE COUNTY AGREE AS FOLLOWS: Section 1. Recitals Adopted. The recitals set forth above are incorporated herein by reference. Section 2. Installation. Raised crosswalks may be installed on roads per the Federal Highway Administration. Section 3. Standards. All improvements submitted for review and approval shall be in accordance with this Agreement and conform to the applicable requirements established by the City. Section 4. Funding and Payment Responsibility. The County assumes sole and complete responsibility for the funding and payment of the improvements related to the Project within City boundaries. Section 5. Maintenance Responsibility. The City assumes sole and complete responsibility for the maintenance of all improvements installed by the County at the Project location within City boundaries. If the City fails to maintain said improvements, it shall be responsible for any and all costs incurred by the County to replace them, maintain them, or remove them. Section 6. Liability and Indemnification. The City assumes sole and complete liability for any and all accidents and/or injuries which may, or are alleged to, occur or arise out of the maintenance of the raised crosswalk, and hereby indemnifies to the extent allowed by Section 768.28, Florida Statutes, and holds the County harmless from any and all claims including but not limited to negligence arising out of or relating to the operation or maintenance of the raised crosswalk. Section 7. No Waiver of Sovereign Immunity. Notwithstanding any other term in this Agreement, nothing herein shall be deemed a waiver of the City or the County's immunity, or sovereign rights, or limitations of liability as provided by Section 768.28, Florida Statutes, as may be amended from time to time. Section 8. Public Records. The City shall be responsible for keeping records of any and all installations and repairs, and for furnishing pertinent documents as and when said records may be requested. The Parties shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes Section 10. Headings. The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. Section 11. Ambiguities. The preparation of this Agreement has been a joint effort of the Parties hereto and both Parties have had the benefit of consultation with legal counsel of their choosing prior to its execution. The resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 2 Section 12. Entirety. This Agreement embodies the entire agreement between the Parties with respect to the matters addressed herein. Previous agreements and understandings of the Parties with respect to such matters are null, void, and of no effect. Notwithstanding any other provision contained herein, no third -party beneficiaries are created with respect to any claims against the County by virtue of this Agreement. Section 13. Amendments. This Agreement maybe amended, modified, or altered, and its material provisions may be waived, only by written instrument, and only if properly executed by all Parties hereto. Section 14. Effective Date. This Agreement shall become effective on the date first written above after such Agreement is fully executed by all Parties hereto. Section 15. Termination. Either the City or the County may, in their respective sole and complete discretion, terminate this Agreement, with or without cause and at the convenience of the terminating party, upon twenty (20) business days' written notice; provided, however, that at the option of the County, the City shall continue to maintain, repair, and be responsible for any road improvement done by the County while this Agreement was in effect. Prior to the termination of this Agreement, however, the City may elect to remove any road improvement installed by the County, provided the City shall restore the roadway were located to the condition that existed before the County's installation. Section 16. Execution. This Agreement may be executed in one or more hard or electronic counterparts, which, when taken together, shall constitute one fully executed instrument. Section 17. Notice. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. The method of delivery shall be consistent among all persons listed herein. For the present, the Parties designate the following as the respective places for notice purposes: a. For the County: Miami -Dade County Department of Transportation and Public Works Attn: Stacy Miller, DTPW Director and CEO 701 NW 1st Court - Suite 1700 Miami, FL 33136 With a Copy to: Miami -Dade County Attorney's Office 111 NW 1st Street, Suite 2810 Miami, FL 33128 b. For the City: City of Miami Attn: James Reyes, City Manager 444 SW 2nd Avenue Miami, FI 33130 With a Copy to: George Wysong, City Attorney 444 SW 2nd Avenue Miami, FI 33130 With a copy to: City of Miami, Public Works Department Attn: Juvenal Santana, Director 444 SW 2nd Avenue Miami, FI 33130 IN WITNESS WHEREOF, the City and the County have set their hands the day and year above written. ATTEST: MIAMI-DADE COUNTY JUAN FERNANDEZ-BARQUIN, CLERK By: Deputy Mayor By: County Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney ATTEST: By: CITY OF MIAMI By: City Clerk City Manager Approved as to form and legal sufficiency: City Attorney 5