Statura IntelligenceApprove $25,000 interlocal agreement for crosswalk improvements
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DATE: July 11, 2023 TO: The Honorable Mayor and Members of the Village Council FROM: Yocelyn Galiano, ICMA CM, Village Manager RE: Resolution approving Interlocal Agreement with Miami-Dade County – Aesthetic Upgrades at Intersection of Red Road and Kendall Drive Attached for your consideration, please find an ILA stipulating the Village will transfer an amount not to exceed $25,000 to…
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DATE: July 11, 2023 TO: The Honorable Mayor and Members of the Village Council FROM: Yocelyn Galiano, ICMA CM, Village Manager RE: Resolution approving Interlocal Agreement with Miami-Dade County – Aesthetic Upgrades at Intersection of Red Road and Kendall Drive Attached for your consideration, please find an ILA stipulating the Village will transfer an amount not to exceed $25,000 to construct upgraded decorative concrete crosswalks at the intersection of Red Road and Kendall Drive as a component of a County safety project. In addition, the proposed resolution and agreement includes the installation of in- pavement crosswalk lights. However, pricing has not been finalized, so at this juncture, that may or may not be part of the final agreement. In the event, the Village is able to secure favorable pricing and wishes to pursue the in-pavement crosswalk lights, the Village Manager will seek approval of the additional expense at a future meeting prior to executing the agreement. I hereby respectfully recommend the Village Council accept the attached ILA as to form. /yg RESOLUTION NO. 2023- A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE INSTALLATION AND MAINTENANCE OF AESTHETIC STAMPED COLORED CONCRETE CROSSWALKS AND SOLAR POWERED IN-PAVEMENT LIGHTS WITHIN EXISTING PEDESTRIAN CROSSWALKS GENERALLY LOCATED AT THE INTERSECTIONS OF SW 88TH STREET (KENDALL DRIVE) AND SW 57TH AVENUE (RED ROAD); PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Pinecrest (“Village”) desires to enhance the pedestrian crosswalks generally located at the intersections of SW 88th Street (Kendall Drive) and SW 57th Avenue by installing aesthetic stamped colored concrete crosswalks and solar powered in-pavement lights within the crosswalks (the “Improvements”); and WHEREAS, the County has proposed entering into an interlocal agreement with the Village, attached hereto as Exhibit “A” (the “Interlocal Agreement”) to allow the Improvements; and WHEREAS, the Village Council desires to approve the Interlocal Agreement with the County and authorize the Village Manager to negotiate and execute the Interlocal Agreement in substantially the form attached hereto as Exhibit “A”; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the citizens of the Village.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF PINECREST, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval. That the Village Council hereby approves the Interlocal Agreement in substantially the form attached hereto as Exhibit “A.” Section 3. Authorization. Subject to the incorporation of any necessary amendments to the Interlocal Agreement identified by the Village Attorney and approved by the County, the Village Manager is hereby authorized to negotiate and execute the Interlocal Agreement, in substantially the form attached hereto as Exhibit “A.” The Village Manager is further authorized to execute any required or related agreements, amendments, or documents which are required to implement the purposes of this Resolution and the Interlocal Agreement, subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. Implementation. That the Village Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution and the Interlocal Agreement. Section 5. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 18th day of July, 2023. Joseph M. Corradino, Mayor Attest: ____________________________ Priscilla Torres, MMC Village Clerk Approved as to Form and Legal Sufficiency: ____________________________ Mitchell Bierman Village Attorney Consent Agenda 1 INTERGOVERNEMENTAL AGREEMENT TO ALLOW THE INSTALLATION AND MAINTENANCE OF AESTHETIC STAMPED COLORED CONCRETE CROSSWALKS AND SOLAR POWERED IN-PAVEMENT LIGHTS WITHIN EXISTING PEDESTRIAN CROSSWALKS THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO FUND THE INSTALLATION AND MAINTAINANCE AESTHETIC STAMPED COLORED CONCRETE CROSSWALKS AND SOLAR POWERED IN-PAVEMENT LIGHTS WITHIN EXISTING PEDESTRIAN CROSSWALKS LOCATED IN THE INTERSECTIONS OF SW 88 STREET (KENDALL DRIVE) AND SW 57 AVENUE (RED ROAD) (“Agreement”) is made and entered into this ____ day of _______________, 2023, by and between the VILLAGE OF PINECREST (the “Village”), a municipal corporation of the State of Florida, and MIAMI- DADE COUNTY (the “County”), a political subdivision of the State of Florida. WHEREAS, the Village wishes to enhance the aesthetics adjacent to Village’s Kendall Shared-Use Path; and WHEREAS, both parties herein wish to facilitate the implementation of aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting within the right-of-way of intersections of SW 88 street (Kendall Drive) and SW 57 avenue (Red Road) adjacent to the Village limits, hereinafter referred to as the “Project” described as follows: The Project scope consists of the installation of aesthetic stamped colored concrete crosswalks within the existing crosswalks which will at no point overlap or extend beyond the two twelve-inch guidelines of the existing crosswalk and the installation of solar powered in-pavement lighting. WHEREAS, upon completion of the aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting by the County, and in accordance with Section 14, the Village shall, at its sole cost and expense, maintain, repair, and replace, as necessary, the aesthetic stamped colored concrete crosswalks installed as part of the Project; and WHEREAS, the Village shall, at its sole cost and expense, maintain, repair, and replace, as necessary, the stripping for the pedestrian crosswalks, in a like manner to that of the crosswalks that currently exists at the Project locations; and WHEREAS, the Village, by Resolution attached hereto as Exhibit “A” and by reference made a part hereof, authorized the execution of this Agreement.
NOW, THEREFORE, in consideration of the promises and covenants contained herein, THE VILLAGE AND THE COUNTY AGREE AS FOLLOWS: Section 1. Recitals Adopted. The recitals set forth above are incorporated herein by reference. EXHIBIT "A" Draft 2 Section 2. Installation. The aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting may be installed on municipal and County roads per MUTCD-Official Ruling 3(09)-24(I) – Aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting. Section 3. Standards. All aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting submitted for review and approval shall be in accordance with this Agreement and conform to the applicable requirements established by the following publications: a. Florida Department of Transportation’s Standard Specifications for Road and Bridge Construction; b. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration (ANSI D6.le-1989), including latest revisions; c. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration; d. Miami-Dade County Public Works Manual (available from the Transportation and Public Works Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128); e. Florida Highway Guide Sign Program Chapter 14-51; and f. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook). Section 4. Funding and Payment Responsibility. The Village assumes sole and complete responsibility for the funding and payment of all aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting that are installed by the County at the Project location adjacent and within Village boundaries. If the Village fails to provide funding, it shall be responsible for any and all costs incurred by the County to install them, replace them, or remove them. Section 5. Maintenance Responsibility. The Village assumes sole and complete responsibility for the maintenance of all aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting that are installed by the County at the Project location within Village boundaries and the corresponding pavement markings. If the Village fails to maintain, it shall be responsible for any and all costs incurred by the County to replace them, maintain them, or remove them. Section 6. Liability and Indemnification. The Village assumes sole and complete liability for any and all accidents and/or injuries which may, or are alleged to, occur or arise out of the installation, operation or maintenance of the aesthetic stamped colored concrete Draft 3 crosswalks and solar powered in-pavement lighting, and hereby indemnifies to the extent allowed by
28, Florida Statutes, and holds the County harmless from any and all claims including but not limited to negligence arising out of or relating to the operation or maintenance of the aesthetic stamped colored concrete crosswalks and solar powered in- pavement lighting. Section 7. No Waiver of Sovereign Immunity. Notwithstanding any other term in this Agreement, nothing herein shall be deemed a waiver of the Village or the County’s immunity, or sovereign rights, or limitations of liability as provided by
28, Florida Statutes, as may be amended from time to time. Section 8. Public Records. The Village shall be responsible for keeping records of all repairs, and for furnishing pertinent documents as and when said records may be requested. The Parties shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. Section 9. Failure to Comply with Agreement. Upon written notification by the County, the Village shall immediately remove any aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting that are not in compliance with the terms of this Agreement at the City’s sole cost and expense. Failure to carry out any of the duties and responsibilities assumed herein by the City may result in termination of the Agreement, at the sole discretion of the County upon five (5) days’ notice. Section 10. Headings. The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. Section 11. Ambiguities. The preparation of this Agreement has been a joint effort of the Parties hereto and both Parties have had the benefit of consultation with legal counsel of their choosing prior to its execution. The resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. Section 12. Entirety. This Agreement embodies the entire agreement between the Parties with respect to the matters addressed herein. Previous agreements and understandings of the Parties with respect to such matters are null, void, and of no effect. Notwithstanding any other provision contained herein, no third-party beneficiaries are created with respect to any claims against the County by virtue of this Agreement. Section 13. Amendments. This Agreement may be amended, modified, or altered, and its material provisions may be waived, only by written instrument, and only if properly executed by all Parties hereto. Section 14. Effective Date. This Agreement shall become effective on the date first written above after such Agreement is fully executed by all Parties hereto. Draft 4 Section 15. Termination. 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, that at the option of the County, the City shall continue to maintain, repair, and be responsible for any aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting 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 aesthetic stamped colored concrete crosswalks and solar-powered in-pavement lighting installed by the County, provided the City shall restore the roadway and area in which the aesthetic stamped colored concrete crosswalks and solar powered in-pavement lighting were located to the condition that existed before the County’s installation. Section 16. Execution. This Agreement may be executed in one or more hard or electronic counterparts, which, when taken together, shall constitute one fully executed instrument. Section 16. Notice. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. The method of delivery shall be consistent among all persons listed herein. For the present, the Parties designate the following as the respective places for notice purposes: a. For the County: Miami-Dade County Department of Transportation and Public Works Attn: Eulois Cleckley, DTPW Director and CEO 701 NW 1st Court - Suite 1700 Miami, FL 33136 With a Copy to: Miami-Dade County Attorney’s Office 111 NW 1st Street, Suite 2810 Miami, FL 33128 b. For the Village: Village of Pinecrest Yocelyn Galiano, ICMA-CM, Village Manager 12645 Pinecrest Parkway Pinecrest, FL 33156 With a copy to: Village of Pinecrest Mitchell Bierman, Village Attorney 12645 Pinecrest Parkway Pinecrest, FL 33156 Draft 5 With a copy to: Village of Pinecrest Public Works Department David J. Mendez, P.E., Public Works Director 10800 Red Road Pinecrest, FL 33156 IN WITNESS WHEREOF, the Village and the County have set their hands the day and year above written. ATTEST: MIAMI-DADE COUNTY LUIS G. MONTALDO, CLERK AD INTERIM By:________________________ Deputy Mayor By:________________________ County Deputy Clerk Approved as to form and legal sufficiency: ________________________ Assistant County Attorney ATTEST: VILLAGE OF PINECREST By:________________________ By:________________________ Village Clerk Village Manager Approved as to form and legal sufficiency: ________________________ Village Attorney Draft
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