2018-30254 ResolutionRESOLUTION NO, 2018 -30254
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL AGENCY
AGREEMENT WITH MIAMI -DADE COUNTY, REQUIRING THE CITY TO
INSTALL AND MAINTAIN THE NON - STANDARD IMPROVEMENTS OF A
BLACK PAINT FINISH TO THE MAST ARMS OF THE COUNTY TRAFFIC
SIGNALS LOCATED AT THE INTERSECTIONS OF 11TH STREET AT
MERIDIAN AVENUE, EUCLID AVENUE AT PENNSYLVANIA AVENUE.
WHEREAS, the City of Miami Beach installed traffic signals with standard mast arms
with non- standard black paint finish along 11th Street at Meridian Avenue, Euclid Avenue and
Pennsylvania Avenue; and
WHEREAS, although 11th Street, at Meridian Avenue, Euclid Avenue and Pennsylvania
Avenue are streets owned by the City, Miami -Dade County is the agency responsible for the
operation and maintenance of all traffic control devices; and
WHEREAS, Miami -Dade County ordinarily only provides standard equipment and steel
gray mast arms; and
WHEREAS, as the City desires to install and maintain the enhanced mast arm with
black paint finish (non- standard), in order to ensure the improved aesthetic appeal of the area,
the County requires the City to be responsible for said enhancements; and
WHEREAS, pursuant to the attached agreement the City will be responsible for the
maintenance of the nonstandard black paint finish of the mast arms installed along 11th Street at
Meridian Avenue, Euclid Avenue at Pennsylvania Avenue; and
WHEREAS, the Administration recommends executing the attached agreement with
Miami -Dade County.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute an intergovernmental
agency agreement with Miami -Dade County, which covenant requires the City to install and
maintain the non - standard improvements of a black paint finish to the mast arms of the
County traffic signals, located at the intersections of 11th Street at Meridian Avenue, Euclid
Avenue, at Pennsylvania Avenue.
PASSED AND ADOPTED this 1/ day of 404
2017.
elber, Mayor
afael G nado, Cit Cler
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE;UTION
�+ , n + +,..ieyr Date
/VAM
BEACH
Resolutions - C7 F
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL AGENCY
AGREEMENT WITH MIAMI -DADE COUNTY, REQUIRING THE CITY TO MAINTAIN
THE NON- STANDARD IMPROVEMENTS OF A BLACK PAINT FINISH TO THE
MAST ARMS OF THE COUNTY TRAFFIC SIGNALS LOCATED AT THE
INTERSECTIONS OF 11TH STREET AT MERIDIAN AVENUE, EUCLID AVENUE,
AND PENNSYLVANIAAVENUE.
RECOMMENDATION
The Administration recommends approving the Resolution
ANALYSIS
The City of Miami Beach (the City) has installed non- standard mast arms with black paint finish on
the City of Miami Beach right -of -way known as 11th Street at Meridian Avenue, Euclid Avenue, and
Pennsylvania Avenue. These improvements will be done in accordance with the plans reviewed and
approved by the City's staff and Miami Dade County, entitled "Proposed Signalization Along 11th
Street (from West of Jefferson Ave. to East of Euclid Ave.)" and "Proposed Signalization on 11th
Street and Pennsylvania Ave ", prepared by A &P Consulting Transportation Engineers Corporation.
In order to install the improvements proposed in the plans, Miami Dade County policy requires that
the City sign an Agreement which would convey responsibilities for the maintenance of the black
paint finish of the mast arms installed along the right -of -way to the City after they are installed.
This agreement only pertains to the black paint finish of the mast arms currently installed and to be
installed by the City along the corridor and does not include other existing mast arms being
maintained by the County within the City limits.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
523
ATTACHMENTS:
Description
o
Draft Agreement to be reviewed by City Attorney's Office
o PLANS Meridian Aven and Euclid Ave
m PLANS Pennsylvania Ave
INTERGOVERNMENTAL AGENCY AGREEMENT
FOR THE PAINTING OF TRAFFIC CONTROL HARDWARE AND SUPPORT SYSTEMS
OPERATED AND MAINTAINED BY MIAMI -DADE COUNTY
THIS INTERGOVERNMENTAL AGENCY AGREEMENT FOR THE PAINTING OF
THE TRAFFIC CONTROL HARDWARE AND SUPPORT SYSTEMS OPERATED AND
MAINTANED BY MIAMI -DADE COUNTY ( "Agreement "), made and entered into this
day of , 2018, by and between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the STATE OF FLORIDA (hereinafter referred to as the "City ") and
MIAMI -DADE COUNTY, a political subdivision of the STATE OF FLORIDA (hereinafter
referred as the "County ").
WITNESSETH
WHEREAS, the City has requested that the County allow the City to paint the following
improvements black, along Miami -Dade County public right rights -of -way, within the City of
Miami Beach right -of -way known as 11th Street at Meridian Avenue, Euclid Avenue, and
Pennsylvania Avenue (the "Improvements ") all the traffic signal mast arms, to complement
the high- quality streetscape design within the area; and
WHEREAS, the County is the agency responsible for the operation and maintenance
of all traffic control devices within Miami -Dade County; and
WHEREAS, the County and the City agree that nothing contained in this agreement
shall diminish or impact the rights of either entity with respect to jurisdiction, sovereign or
permitting powers, or in any other matter related to the installation, use and maintenance of
the traffic signals unless specifically set forth herein, including but not limited to any County
powers under Section 2 -95.1 of the Miami -Dade County Code; and
NOW THEREFORE, the City and the County agree as follows:
1. The recitals set forth above are incorporated herein by reference.
2. The City shall be allowed to paint the Improvements that are located entirely within
the City of Miami Beach right -of -way.
3. The painting of the traffic signal mast arms and support systems shall be carried
out in accordance to FDOT and Miami Dade County Public Works and Waste
Management approved standards, procedures, and material requirements
4. The City shall be responsible for the aesthetics of all the painted Improvements (e.g.
peeling, graffiti, flyers, stickers, etc.)
5. The City shall be responsible for the periodic maintenance of every structure
painted pursuant to this agreement. Periodic maintenance includes but is not
limited to: repair of cracks in the mast arm and support structures; removal and /or
repair of grout pads; resetting of anchor bolts; repair or replacement of deteriorated
anchor bolts and nuts; and replacement of the mast arm when it is determined
through the inspection process that the mast arm has reached the end of its service
life.
6. If the City fails to maintain the paint or the structure(s), they shall be responsible for all costs
incurred by the County to return them to their original state.
525
7. The County shall be responsible for responding to traffic impacts including repair of all
components damaged by the traffic impact. The City shall be responsible for
repainting the Improvements,
8. The City shall be responsible for any damages to County equipment resulting from painting
activities; including but not limited to site preparation, acid washing, cleaning procedures,
overspray, etc.
9. The City, or their authorized contractor, shall apply for and obtain a permit from the County
for all work, including but not limited to painting and /or repainting to be performed at
each traffic signal intersection, and all work is to be carried out by properly licensed and
certified personnel.
10. To the extent allowed by Florida Statute Section 768,28, the City of Miami Beach does
hereby agree to indemnify and hold Miami -Dade County harmless from any and all
liability for' any damage, injury, or claim that may arise out of the painting of the
Improvements, or the exercise of any rights, obligations to 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 Beach's failure to maintain, repair, replace,
or operate the Improvements.
11. Notwithstanding any other provision contained herein, no third -party beneficiaries are
created with respect to any clerics against the County by virtue of this Agreement,
12. Nothing contained herein shall be construed to discharge or diminish the responsibilities
and duties, including but not limited to all permitting requirements, of any third party which
the work described herein.
13. The undersigned further agrees that these conditions shall be deemed a continuing
obligation between the City of Miami Beach and Miami -Dade County and shall remain in
full force and effect and be binding on the City of Miami Beach, and any permitted
successors of 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
Department Transportation and Public Works (or their fully authorized representative).
14. In the event that the City of Miami Beach requests any third party to assume any of
the responsibilities hereunder, the City acknowledges that such assumption shall not
receive the City any obligations or responsibilities hereunder. Prior to allowing such
assumption, the City 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 the
Improvements, and additionally, the County shall be named as an additional insured
on any insurance provided by such third party to the City. 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 the County no less than fifteen days prior to
such transfer.
15. Nothing in this Agreement, express 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; of (b) authorize anyone not a party to
526
this Agreement to maintain as action pursuant to or based upon this Agreement, Additionally,
nothing herein shall be deemed to constitute a waiver of my 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.
16. The language agreed to herein expresses the mutual intent and agreement of Miami- Dade
County and the City of Miami Beach, and shall not, as a matter of judicial construction,
be construed more severely against one of the parties from the other.
17. 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.
18. 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.
527
IN WITNESS WHERE OF, the parties hereto set their hands and official seals the day and
year first above written.
ATTEST:
HARVEY RUVIN CLERK
OF THE BOARD
MIAMI -DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
BY: BY:
County Deputy Clerk County Mayor or County Mayor's Designee
Approved by as to form and legal sufficiency:
Assistant CountyAttorney
ATTEST:
CITY OF MIAMI, a municipal Corporation ofthe
State of Florida
BY: BY:
City Clerk City Manager
Approved by as to form and legal sufficiency:
City Attorney
528
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