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Intergovernmental Agency Agreement with Miami- Dade Country 018-30 2 S 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 MAINTAINED BY MIAMI-DADE COUNTY ("Agreement"), made and entered into this 2-7 day of Apar , 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 11t" Street at Meridian Avenue, Euclid Avenue, and Pennsylvania Avenue which shall consist of painting all the traffic signal mast arms support systems (the "Improvements"), 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 City agrees to be responsible for painting the Improvements, so that the Improvements are consistent with the design elements of the Historic District; 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 for good and valuable consideration, the receipt of which is acknowledged, 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. "Improvements' is defined as traffic signal mast arms and support systems along 11`" Street at meridian Avenue, Euclid Avenue and Pennsylvania Avenue. 3. The painting of the Improvements 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 and shall be required to re-paint due to deterioration, graffiti, etc. And to remove all 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. 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 liaised and certified personnel. 10. To the extent allowed by Florida Statute, the City of Miami Beach does hereby agree to indemnify and hold Miami-Dade County harmless frcrnany 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 or replace the inprovements. 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 whichthework 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 whde or in part, of any right, obligation, Cr 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 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 Miarri- Dade County and the City of Miami Beach, and shall not, as a matter of judicial construction, be construed rrneseverely against one ofthe 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 Pgeenent. IN WITNESS WHERE OF,the parties hereto set their hands and official seals the day and year first abovewritten. ATTEST: HARVEY RUVIN CLERK MIAMI-DADE COUNTY, FLORIDA OF THE BOARD BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: County Deputy Clerk County Mayor or County Mayors Designee Approved by as toform and legal sufficiency: Assistant CountyAttorney ATTEST: CITYOF MI• ,amunicipal orporationofthe State of Florid. BY: /// .- / `tin Act BY: eau. kb-. 1 /Air City Clerk C ty Manager Approved by as to form and legal sufficiency: `1\` aid aLa i- '� r ity Attome. (//y/ .