Intergovernmental Agency Agreement to Perform Traffic Engineering functions INTERGOVERNMENTAL AGENCY AGREEMENT
TO PERFORM TRAFFIC ENGINEERING FUNCTIONS
THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC
ENGINEERING FUNCTIONS (Agreement), made and entered into this ( sday of 2011,
by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporatio of the STATE
OF FLORIDA ( "City "), and MIAMI -DADE COUNTY, a political subdivision of the STATE OF
FLORIDA ( "County ").
WHEREAS, pursuant to Section 2 -96.1 of the County Code, all traffic control and traffic
engineering services in the County are under the exclusive jurisdiction of the County; and
WHEREAS, Section 2 -96.1 of the County Code provides the County Manager or his /her
designee with the authority, in his /her sole discretion, to enter into an intergovernmental agency
agreement to permit an adequately equipped municipal agency to assume certain traffic control
functions; and
WHEREAS, the City desires to assume the installation and maintenance responsibilities
of certain traffic engineering functions pertaining to traffic calming measures on its local
municipal streets that are operated and maintained by the City within its boundaries, and not on
County or State streets within the City's boundaries ( "local municipal streets "); and
WHEREAS, the City will utilize the City of Miami Beach Traffic Calming Manual, Revised
July 22, 2010 ( "City's Manual "), as the guide to implement traffic calming measures in the City
and to provide the process and procedures to study problematic streets or areas within the
City's boundaries (copy attached hereto as Exhibit "A" and incorporated herein by reference);
and
WHEREAS, the County has determined that the City is both equipped and able to
perform the traffic calming functions as herein specified on its local municipal streets; and
WHEREAS, the City has, by proper resolution attached hereto as Exhibit "B" and by
reference made a part hereof, authorized its officer to enter into this Agreement.
NOW THEREFORE, the City and the County agree as follows:
1. The recitals set forth above are incorporated herein by reference.
2. The City is authorized to install and maintain traffic calming devices and their
related traffic control signs on its local municipal streets as provided in this Agreement. Specific
locations of the traffic calming devices, and traffic signs related thereto, will be determined by
the City, through its City Manager or his /her designee, on a case by case basis, pursuant to the
City's Manual. Any such traffic calming devices may be installed on local municipal streets only
after an appropriate traffic engineering study has been performed, and sealed and signed
studies, reports, and design plans by Florida licensed professional engineers have been
reviewed and have received written approval by the City, through its City Manager or his /her
designee, and then submitted to the Public Works Department of the County for its review and
written approval. The County will provide review and notify of approval within ten (10) business
days after receiving all the necessary related reports, plans, and studies from the City.
3. The City shall attach a decal to the back of any sign panels which the City installs
pursuant to Paragraph 2 above, indicating ownership and date of installation.
4. The City assumes sole and complete responsibility for the maintenance of all
such traffic control devices and signs that are installed by the City on local municipal streets
pursuant to Paragraph 2 above.
5. The City assumes sole and complete liability for any accidents and injuries which
may, or are alleged to, occur or arise out of the installation, operation, or maintenance of traffic
control devices and signs that are installed by the City on local municipal streets, and hereby
indemnifies and saves harmless the County from any and all claims of negligence as a result of
the installation, operation or maintenance of said devices and signs.
2
6. Notwithstanding Paragraphs 4 and 5 above, or any other term contained in this
Agreement, nothing shall be deemed to be a waiver of either the City or the County's immunity
or limitation of liability as provided pursuant to Section 768.28, Florida Statutes, as may be
amended from time to time.
7. All traffic control devices and signs installed by the City in accordance with this
Agreement shall conform to the applicable requirements established by the following
publications in their current form (i.e., as of the effective date of the Agreement on page 1
hereof):
Florida Department of Transportation Standard Specifications for
Road and Bridge Construction.
Manual on Uniform Traffic Control Devices for Streets and
Highways, U.S. Department of Transportation Federal Highway
Administration ( Edition 2009), including latest revisions.
Standard Highway Signs, U.S. Department of Transportation,
Federal Highway Administration.
Miami -Dade County Public Works Manual (available from the
Public Works Department, Reproduction Services, 111 NW 1
Street, Suite 1604, Miami, FL 33128).
City of Miami Beach Traffic Calming Manual, Revised July 22,
2010.
8. For installation of traffic calming devices and signs, the City may either, at the
City Manager or his /her designee's option and discretion, 1) hire a County licensed and qualified
contractor or 2) perform the work in -house by the City's Public Works crew (or such other
appropriate Department or Division of the City).
9. The City shall be responsible for keeping records of any and all installations and
repairs of traffic calming devices and signs installed pursuant to this Agreement, and shall
furnish pertinent documents as and when said records may be requested by the County.
10. 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
3
•
terminating party, upon twenty (20) business days written notice; provided, however, the City
shall continue to maintain, repair, and be responsible for any traffic calming devices and signs
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 traffic calming devices and /or
traffic control signs installed by the City; provided the City shall restore the roadway and area in
which the traffic calming device(s) was located to the condition that existed before the City's
installation.
11. Any notice or communication concerning this Agreement between the City and
County shall be in writing and delivered by hand - delivery, registered mail, or Federal Express.
Notices hereunder shall be deemed received on the date of receipt. Such notices and
communications, until and unless changed by notice in writing, shall be addressed as follows:
TO COUNTY: Miami -Dade County
Public Works Department
Attn: Director
Stephen P. Clark Center
111 NW 1 Street, 16` Floor
Miami, Florida 33128
TO CITY: City of Miami Beach
Public Works Department
Attn: Director
1700 Convention Center Drive
Miami Beach, Florida 33139
12. Any dispute between the City and the County as a result of, or arising out of, this
Agreement, shall be resolved by the County Mayor or Mayor's designee, whose decision as to
any such dispute shall be final and conclusive of the matter.
4
•
IN WITNESS WHEREOF, the City and the County have set their hands the day and year
above written.
Attest:
MIA -DADE COUNTY
HAR.b 1J NJN, CLERK
R'A °f s
• DA �� : /
' /R,. / By:
ty Manager
s
er ie{out Clerk
R • R
Approve d to form and legal sufficiency:
//
Assist nt County Attorney
Attest:
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH By:
Cl/ Ma 'a r
By `
City Clerk
.� w�.
Approved as to form and legal su 4iolt. , • 4 1
_ ~ % APPROVED AS TO
.. C �•, FORM & LANGUAGE
& F EX CUTION
City Attorney G* c • S� �.. Z 5 l
•
�.
INCORP ORATED; * CI ATTORNEY
� DATE
1 % 1 411,1,70,volopa lt#4'
F:\ATTO\TURN\AGREEMNT\Traffic Calming Interlocal Agreement - FINAL VERSION 05- 25- 11.docx
5