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4Agenda Item No:4. City Commission Agenda Item Report Meeting Date: July 17, 2018 Submitted by: Maria Garcia Submitting Department: City Manager Item Type: Resolution Agenda Section: CONSENT AGENDA Subject: A Resolution authorizing the City Manager to execute an Intergovernmental Agreement with Miami Dade County authorizing the City of South Miami to assume the installation and maintenance responsibilities for certain traffic control devices for local municipal roadways. 3/5 (City Manager-Public Works) Suggested Action: Attachments: MDC_Interlocal_Agreement_for_Sharrows-_Memo_PWD_6-13-2018 (7).docx MDC Interlocal Agreement for Sharrows-_Reso_PWD_6-13-2018 w-numbers.docx Intergovermental Agreement Final.docx 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Steven Alexander, City Manager DATE:July 3, 2018 Agenda Item No.:_____ SUBJECT:A Resolution authorizing the City Manager to execute an Intergovernmental Agreement with Miami Dade County authorizing the City of South Miami to assume the installation and maintenance responsibilities for certain traffic control devices, only pertaining to its local municipal streets. BACKGROUND:The City is both equipped and able to perform the traffic engineering functions on its local streets related to the traffic control devices proposed in the Intergovernmental Agreement. The City Commission of the City of South Miami authorizes the City Manager to execute an Intergovernmental Agency Agreement with Miami-Dade County to perform certain Traffic Control devices for the City of South Miami and its boundaries including: Sharrow markings on City roads as approved by Miami-Dade County. The Intergovernmental Agreement does not provide authority to the City to have complete dominion over our roadways. Traffic control devices may be installed on local municipal streets only after signed and sealed plans have been submitted to the Department of Transportation and Public Works (DTPW) of Miami-Dade County for its review and approval. The City also assumes sole and complete responsibility for the installation and maintenance of all such traffic control devices that are installed by the City within its boundaries. AMOUNT: There is not a cost associated with this Intergovernmental Agency Agreement. FUND &ACCOUNT:N/A. ATTACHMENTS:Resolution Proposed Interlocal Agreement from Miami-Dade County 2 Page 1 of 2 RESOLUTION NO: _______________1 A Resolution authorizing the City Manager to execute an Intergovernmental Agreement 2 with Miami Dade County authorizing the City of South Miami to assume the installation 3 and maintenance responsibilities for certain traffic control devices, only pertaining to 4 its local municipal streets.5 WHEREAS, the Mayor and City Commission wish to install traffic control devices to 6 provide a safe and friendly bike connections Citywide; and7 WHEREAS, the City desires to assume the installation and maintenance responsibilities 8 for certain traffic control devices, only pertaining to its local municipal streets; and9 10 WHEREAS,the City is both equipped and able to perform the traffic engineering functions 11 on its local streets related to the traffic control devices proposed in the Intergovernmental 12 Agreement; and13 14 WHEREAS,the City wishes to enter into an Intergovernmental Agreement and assue the15 sole and complete responsibility for the installation and maintenance of all such traffic control 16 devices that are installed by the City within its boundaries; and17 WHEREAS,the Mayor and City Commission desire to authorize the City Manager to 18 execute an Intergovernmental Agreement with Miami Dade County authorizing the City of South 19 Miami to assume the installation and maintenance responsibilities for certain traffic control 20 devices, only pertaining to its local municipal streets.21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 22 OF SOUTH MIAMI, FLORIDA;23 Section 1.The City Manager is authorized to execute an Intergovernmental Agreement 24 with Miami Dade County authorizing the City of South Miami to assume responsibilities of certain 25 traffic engineering functions and for the installation and maintenance responsibilities for certain 26 traffic control devices, only pertaining to its local municipal streets as follows:27 28 Sharrow markings on city roads as approved by Miami-Dade County.29 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 30 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 31 not affect the validity of the remaining portions of this resolution32 Section 3. Effective Date: This resolution shall take effect immediately upon adoption.33 PASSED AND ADOPTED this ___ day of __________, 2018.34 35 3 Page 2 of 2 ATTEST:APPROVED:36 37 38 _____________________________________________________39 CITY CLERK MAYOR40 41 42 COMMISSION VOTE:43 READ AND APPROVED AS TO FORM,44 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard:45 EXECUTION THEREOF Vice Mayor Harris:46 Commissioner Welsh:47 _______________________Commissioner Liebman:48 CITY ATTORNEY Commissioner Gil:49 4 INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS (“Agreement”), is made and entered into this ____ day of _______________, 2018 by and between the CITY OF SOUTH 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. WITNESSETH WHEREAS, pursuant to Section 2-95 and 2-96.1 of the Miami-Dade County Code, all traffic control and traffic engineering services in Miami-Dade County are under the exclusive jurisdiction of the County; and WHEREAS, the City desires to assume the installation and maintenance responsibilities of certain traffic engineering functions pertaining to its local municipal streets only; and WHEREAS, the County has determined that the City is both equipped and able to perform the traffic engineering functions as herein specified on its local streets; and WHEREAS the City has, by proper resolution attached hereto and by reference made a part hereof, authorized its officer(s) 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 will only install and maintain the following designated types of traffic control devices, only on those local municipal streets operated and maintained by the City of South Miami within its boundaries: 5 Sharrow markings on city roads as approved by Miami-Dade County. 3.Traffic control devices may be installed on local municipal streets only after signed and sealed plans have been submitted to the Department of Transportation and Public Works (DTPW) of the County for its review and approval. 4.The City assumes sole and complete responsibility for the installation and maintenance of all such traffic control devices that are installed by the City within its boundaries. 5.The City assumes sole and complete liability for any accidents and/or injuries which may or are alleged to occur or arise out of the installation, operation or maintenance of said traffic control devices, 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 markings. 6.All traffic control devices installed by the City in accordance with this AGREEMENT shall conform to the applicable requirements established by the following publications: Florida Department of Transportation's 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 (ANSI D6.1e- 1989), 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 and Waste Management Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128) 7.Notwithstanding any other term 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. 8.For installation of traffic control devices, the City shall hire a County licensed contractor or perform the work in-house by the City of South Miami Public Works crew. 9.The City shall be responsible for keeping records of any and all installations and 6 repairs, and furnishing pertinent documents as and when said records may be requested. 10.Failure to carry out any of the duties and responsibilities assumed herein by the City may result in termination of this Agreement, at the sole discretion of the County. 11.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, the City shall continue to maintain, repair, and be responsible for any traffic control devices installed by the City while this Agreement was in effect. Prior to the termination of this Agreement, however, the Citymay elect to remove any one or all traffic control devices installed by the City; provided the City shall restore the roadway and area in which the traffic control device was located to the condition that existed before the City’s installation. 12.Upon written notification by the County, the City shall immediately remove any traffic control device, at the City’s sole cost and expense that is not in compliance with the terms of this Agreement. 13.Any notice or communication required hereunder shall be addressed to the following: TO COUNTY:Alice N. Bravo, DTPW Director 701 NW 1st Court - Suite 1700 Miami, FL 33136 TO CITY:…., City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 7 IN WITNESS WHEREOF, the City and the County have set their hands the day and year above written. Attest:MIAMI-DADE COUNTY HARVEY RUVIN, CLERK By:__________________________ County Mayor By: ___________________________ County Deputy Clerk Approved as to form and legal sufficiency: ____________________________________ Assistant County Attorney 8 Attest:CITY OF SOUTH MIAMI By: ___________________________By: _____________________________ City Clerk City Manager Approved as to form and legal sufficiency:Approved as to insurance requirements: By: __________________________By: ____________________________ City Attorney 9