Interlocal Agreement with M-D County INTERLOCAL AGREEMENT BY AND BETWEEN
MIAMI-DADE COUNTY, FLORIDA AND THE CITY
OF MIAMI BEACH FOR THE UNDERGROUND
BURIAL OF EXISTING OVERHEAD ELECTRICAL,
TELEPHONE AND CABLE TELEVISION SERVICE
LINES FOR THE HIBISCUS ISLAND OVERHEAD
SERVICES RELOCATION IMPROVEMENT
SPECIAL TAXING DISTRICT PURSUANT TO
ORDINANCE NO. 10-51
THIS INTERLOCAL AGREEMENT, made and entered into this /7 day of
, 2012,..by and between MIAMI-DADE COUNTY, FLORIDA (the "COUNTY"),
a political subdivision of the State of Florida, and the CITY OF MIAMI BEACH, FLORIDA
(the "CITY'), a municipality organized and existing under the laws of the State of Florida.
WHEREAS, Section 163.01, Florida Statutes and the Miami-Dade County Home
Rule Charter, as amended, permit the COUNTY and the CITY to enter into interlocal
agreements; and
WHEREAS, the Commission of the City of Miami Beach passed and adopted
Resolution No. 2009-27065, approving the creation of the HIBISCUS ISLAND
OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT;
and
WHEREAS, the Miami-Dade County Board of County Commissioners, by adoption
of Ordinance No. 10-51 on September 21, 2010, created the HIBISCUS ISLAND
OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT,
pursuant to Chapter 18 of the Code of Miami-Dade County, Florida, and Section 1.01 (a)
(11) of the Miami-Dade County Home Rule Charter, as amended, and authorized the
County Mayor or the Mayor's designee to enter into this Interlocal Agreement with the
CITY to provide the capital improvements for the District; and
WHEREAS, the District was approved on December 7, 2010, by a majority vote of
qualified electors residing within the District; and
WHEREAS, the parties hereto, for the consideration herein as set forth mutually
agree as follows:
1. The CITY shall design, construct and install or cause to be designed,
constructed and installed for the subject District all capital improvements necessary to
affect the underground burial of existing overhead electrical, telephone and cable
television service lines, in accordance with the minimum standards and requirements set
forth by the CITY, the Florida Power and Light Company, AT&T, and Atlantic Broadband
Cable.
2. The improvements approved to be constructed shall be located within the
public Rights-of-Way. The boundaries of the HIBISCUS ISLAND OVERHEAD SERVICES
RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT are shown on the attached
Exhibit A.
3. The COUNTY shall. reimburse the CITY for all costs of contract
administration, labor, materials and supplies necessary to provide the capital
improvements described herein. Total cost not to exceed $1,834,581.00
4. The COUNTY, from special assessments collected from within the District,
will pay in full to the limit specified in Section 3 all costs incurred by the CITY within 30
days of receipt of itemized final invoicing.
5. The CITY shall indemnify and hold harmless the COUNTY and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages,
including attorneys' fees and costs of defense, which the COUNTY or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the CITY or its employees, agents,
servants, partners, principals or subcontractors. The CITY shall pay all claims and losses
in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the COUNTY, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. Provided, however, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statutes, subject to the provisions of that Statute
whereby the CITY shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of$100,000, or any claim or
judgment or portions thereof, which, when totaled with all other claims or judgment paid by
the CITY arising out of the same incident or occurrence, exceed $200,000 from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may
arise as a result of the negligence of the CITY.
IN WITNESS WEREOF, the parties having caused this Interlocal Agreement to be
executed by their respective and duly authorized officers.
[Remainder of Page Intentionally Left Blank--Signature Page and Exhibit to Follow]
CITY-OF MIAMI BEACH, MIAMI-DADE COUNTY,
FLORIDA FLORIDA
CITY 0AWAGEh OWNTY MAY R OR
B IT ' CI OMMISSION AYOR'S DESIGNEE
ATTEST: INCORP ORATED:
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