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HomeMy WebLinkAboutExhibit AEXHIBIT "A" INTERGOVERNMENTAL AGREEMENT TO ALLOW THE INSTALLATION AND MAINTENANCE BY THE CITY OF MIAMI OF STREETLIGHTS WITHIN CITY -OWNED RIGHT-OF-WAY TO BE FUNDED BY MIAMI-DADE COUNTY THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO ALLOW THE INSTALLATION AND MAINTENANCE OF STREETLIGHTS BY THE CITY OF MIAMI WITHIN CITY -OWNED RIGHT-OF-WAY TO BE FUNDED BY MIAMI-DADE COUNTY ("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 signal and streetlights at the intersection of Brickell Bay Drive and SE 12 Street; and WHEREAS, Brickell Bay Drive and SE 12 Street are municipal roads maintained by the City of Miami; and WHEREAS, the County has a proposed signal project at the intersection of Brickell Bay Drive and SE 12 Street, and County agrees to fund the streetlights as part of such proposed project; and WHEREAS, streetlights are required as part of the new signal design based on County standards; and WHEREAS, the City and County herein wish to facilitate the implementation of streetlights within the City's right-of-way at the intersection of Brickell Bay Drive and SE 12 Street, hereinafter referred to as the "Project" described as follows: The Project scope consists of the installation of a new signal at the intersection of Brickell Bay Drive and SE 12 Street, consisting of two (2) new streetlight poles and fixtures, and upgrading two (2) existing streetlights to LED luminaires fixtures; and WHEREAS, the County agrees to fund the installation by the City to install two (2) new streetlights and to upgrade two (2) existing streetlights; and WHEREAS, the estimated total cost for two (2) new streetlights and to upgrade two (2) existing streetlights is $100,000.00, of which the County will fund $100,000.00, and the City will be solely responsible for any overages; and WHEREAS, the City agrees to install and maintain two (2) new streetlights through their existing lighting maintenance contract agreement; and WHEREAS, the City agrees to upgrade and maintain two (2) existing streetlights to LED luminaires fixtures through their existing lighting maintenance contract agreement; and WHEREAS, the City shall, at its sole cost and expense, maintain, repair, and 1 replace, as necessary, the proposed streetlights a like manner to that of the streetlights currently existing 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. The streetlights within the right-of-way of the intersection at Brickell Bay Drive and SE 12 Street may be installed on municipal and County roads per Municipal Uniform Traffic Control Device ("MUTCD")-Official and its accompanying guidelines. Section 3. Standards. All streetlights submitted for review and approval shall be in accordance with this Agreement and conform to the applicable requirements established by the following publications: a. Florida Department of Transportation's Standard Specifications for Road and Bridge Construction; b. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration (ANSI D6.1e-1989), including latest revisions; c. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration; d. Miami -Dade County Public Works Manual (available from the Transportation and Public Works Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128); e. Florida Highway Guide Sign Program Chapter 14-51; and f. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook). Section 4. Funding and Payment Responsibility. The County assumes sole and complete responsibility for payment to fund the streetlights that is to be installed by the City at the Project location within City boundaries. Section 5. Maintenance Responsibility. The City assumes sole and complete responsibility for the maintenance of the streetlights that is installed by City at the Project location within City boundaries. If the City fails to maintain the street lights, it shall be 2 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 installation, operation or maintenance of the street lights, 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 streetlights. 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 all 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 9. Failure to Comply with Agreement. Upon written notification by the County, the City shall immediately remove any streetlights that are not in compliance with the terms of this Agreement at the City sole cost and expense. Failure to carry out any of the duties and responsibilities assumed herein by the City may result in termination of the Agreement, at the sole discretion of the County upon five (5) days' notice. 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. 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 may be 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/or 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 street light system installed by the City while this Agreement was in effect. Prior to the termination of this Agreement, however, the City may elect to remove any one or all streetlights installed by the City, provided the City shall restore the roadway and area in which the streetlight system was located to the condition that existed before the City'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:Josiel Ferrer -Diaz, P.E, 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 James Reyes, City Manager 444 SW 2 Ave Miami, FL 33130 With a copy to: City of Miami George K Wysong, City Attorney 444 SW 2 Ave Miami, FL 33130 4 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 of the Court, and Comptroller By: County Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney By: County Mayor or County Mayor's Designee CITY OF MIAMI, a municipal ATTEST: corporation of the State of Florida Todd B. Hannon Date: James Reyes City Clerk City Manager Date: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: George K. Wysong III Date: City Attorney David Ruiz Date: Interim Director Department of Risk Management 5