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Resolution 2022-32401 RESOLUTION NO. 2022-32401 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN CONNECTION WITH THE CITY'S CONSTRUCTION OF THE BICYCLE CORRAL ALONG THE FDOT RIGHT-OF-WAY OF ALTON ROAD, JUST SOUTH OF LINCOLN ROAD; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, in accordance with the adopted Transportation Master Plan, the City is expanding its bicycle network; and WHEREAS, pursuant to Permit Number 202.1-C-691-00010, the City has developed design plans for the construction of the bicycle corral along the west side of the Florida Department of Transportation (FDOT) right-of-way of Alton Road, just south of Lincoln Road; and WHEREAS, the proposed bicycle corral will provide a short-term parking for approximately 20 bicycles; and WHEREAS, given that proposed bicycle corral is being installed within FDOT right-of-way, FDOT is requesting that the City execute a Maintenance Memorandum of Agreement (MMOA) for the maintenance of the proposed City improvements; and WHEREAS, the MMOA delineates the City's maintenance related responsibilities in connection with the proposed bicycle corral; and; WHEREAS, the costs associated with the construction of the bicycle corral is estimated to be $35,000 and is included in the Transportation and Mobility Department's Operating Budget in FY 2022/23; and WHEREAS, the City Manager recommends approving, in substantial form, the draft MMOA, attached to the City Commission Memorandum accompanying this Resolution as Attachment B; and further authorizing the City Manager to finalize and execute the MMOA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and•City Commission hereby approve, in substantial form, a Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) in connection with the City's construction of the bicycle corral along the FDOT right-of-way of Alton Road, just south of Lincoln Road; and further authorize the City Manager and City Clerk to execute the Agreement. PASSED and ADOPTED this 16th day of November 2022. ATTEST: , Dan Gelber, Mayor Rafael E. Grana'•o, City Clerk y ,� �, APPROVEDASTO NOV2Qp�2 hrN < '•. FORM&LANGUAGE IIUCORP ORATED!icy Y 10-1"I-3,Z 1jj 'h2'• ` ••��:City Attorney ) Date Resolutions-C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: November 16, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN CONNECTION WITH THE CITY'S CONSTRUCTION OF THE BICYCLE CORRAL ALONG THE FDOT RIGHT-OF-WAY OF ALTON ROAD, JUST SOUTH OF LINCOLN ROAD; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. BACKGROUND/HISTORY The National Association of City Transportation Officials (NACTO)defines a bicycle corral as a facility comprised of a group of bicycle racks installed in the on-street parking lane or along the curb in areas with high bicycle parking demand. Bicycle corrals typically accommodate 12 to 24 bicycles in one or two on-street vehicle parking spaces. On-street bicycle corrals provide many benefits where bicycle use is high and growing: • Businesses: corrals provide a 10 to 1 customer-to-parking space ratio and promote a City's "bike-friendliness." Corrals also improve the outdoor café seating environment by removing locked bicycles from the sidewalk. • Pedestrians: corrals clear the sidewalks of bicycles and serve as de-facto curb extensions. • Cyclists: corrals increase the visibility of bicycling. • Motor vehicle drivers: corrals improve visibility at intersections by eliminating the opportunity for larger vehicles to park at street corners. In accordance with the City's adopted 2016 Bicycle-Pedestrian Master Plan and Transportation Master Plan, the City is working to expand its bicycle network through the planning and implementation of bicycle lanes and facilities. To this end, the City worked with the Florida Department of Transportation (FDOT) to develop Page 824 of 1416 design plans for the construction of a bicycle corral on the east side of Alton Road just south of Lincoln Road, within the FDOT right-of-way. The proposed bicycle corral will be strategically situated in close proximity to the west end of Lincoln Road Mall where bicycle riding restrictions are currently in place due to the high pedestrian activity that occurs along the corridor throughout most of the day. The corral will be curbed at the same grade as the adjacent sidewalk and consist of ten bike racks to provide parking for approximately 20 bicycles (Attachment A). ANALYSIS Given that the proposed bicycle corral is being installed on Alton Road within FDOT right-of- way, FDOT requires that the City execute a Maintenance Memorandum of Agreement (MMOA) (Attachment B) which delineates the City's maintenance-related responsibilities in connection with the proposed bike corral. SUPPORTING SURVEY DATA According to the 2022 City of Miami Beach Resident Survey, 51% of residents responded that at least one person in their household regularly rides a bike and 37% of residents consider bicycling the most viable alternative to using cars for trips within Miami Beach. Based on the same survey, while 64% of residents feel somewhat safe when riding their bicycle in the City, 37%of residents feel unsafe. FINANCIAL INFORMATION The cost associated with the construction of the proposed bicycle corral is estimated to be $35,000 and is included in the Transportation and Mobility Department's adopted FY 2022/2023 Operating Budget. Amount(s)/Account(s): Account Number 106-9615-000349-30-403-529-00-00-00- CONCLUSION The Administration recommends approving, in substantial form, the attached MMOA with FDOT for the maintenance of the proposed bicycle corral on the east side of Alton Road just south of Lincoln Road; and further authorizing the City Manager to execute the MMOA, in order to facilitate the installation and maintenance of this bicycle corral. Applicable Area South Beach Is this a"Residents Right Does this item utilize G.U. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Mobility- Improve the walking and biking experience. Legislative Tracking Transportation and Mobility Page 825 of 1416 ATTACHMENTS: Description ❑ Attachment A ❑ Attachment B Page 826 of 1416 ATTACHMENT A 411 r,..• Q 9 t / i w •; • • j • • • • / • Page 827 011416 FLORIDA DEPARTMENT OF TRANSPORTATION BICYCLE CORRAL MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over State Road (SR) 907 (Alton Road) from 16th Street to Lincoln Road, which is located within the limits of the CITY; and B. The •ur- - o Per, ' t Nu -00010, has draf• d de g lip for Arov ents alo SR-907 (Alton Road) just .0 nc- oa the urpose of this AGRE0 I NT, h • C T herein eferenced, as desc . I.-. - at, cv d Ex' • 'A' , wi be SR-907 (NE 125th reet) rom 16 treet o incoln Road; and C. The CITY will construct a bicycle corral along SR-907, inside the DEPARTMENT Right-of-Way, within the PROJECT LIMITS, in accordance with Permit Number 2021-C-691-00010 (the "Project") ; and D. It is the intent of the PARTIES for this AGREEMENT to supplement all existing Maintenance Memorandum of Agreement and existing Permits previously executed between the DEPARTMENT and the CITY; and E. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the CITY' s responsibilities with regards to the maintenance of the bicycle corral and all associated features (the "IMPROVEMENTS") within the PROJECT LIMITS; and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 1 of 12 Page 828 of 1416 F. The CITY, by Resolution No. , dated attached hereto as Exhibit 'B' , which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2. DEPARTMENT RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the IMPROVEMENTS within the PROJECT LIMITS to the'CITY upon the DEPARTMENT' s acceptance of the CITY' s work. 3. CITY'S " N' - 'ONSI ITI III/I So lone as t I , ai lace the CITY shall be res; 4nsib 'r - _ _ :n of the ame, at CITY's sole c d • pen- the a + shall m ntain all the IMPROVEMENTS in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. The CITY's maintenance obligations of the IMPROVEMENTS shall include but not be limited to: 3.1 General Requirements: a. Removing and disposing of litter from PROJECT LIMITS in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b. Removing and disposing of all trimmings, roots, branches, litter, repairs, and any other debris resulting from the activities described by 3.2 through 3.3 . Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 2 of 12 Page 829 of 1416 c. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT' s right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT' s area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. 3.2 Drainage Features: a. Maintain the proposed trench drain systems operating as originally designed. Clean and desilt the trench and adjacent curbs on both sides so water does not accumulate on top of the sidewalk and on the curb, as debris and other materials can accumulate throughout the life of the system. Fix all damaged drainage systems to ensure the trench drains operates as designed. b. ' ro .nd ular the trench • :in s • ID as-AL th the sy ems are fully ctio :1 de ng ged, malfunctions, •airs :n re. ,ce• - - n mponents c. Gaps at the interface (perimeter) between the trench drain and the adjacent areas shall not exceed a quarter (1/4) of an inch. d. Differential settlement at the interface (perimeter) between the trench drain and the adjacent areas shall not exceed a quarter (1/4) of an inch in depth. e. Inspect and maintain the IMPROVEMENTS following all Local, State and Federal guidelines and laws, including meeting the terms of all State permitting requirements. f. When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within twenty (20) days of the date the deficiency is identified. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 3 of 12 Page 830 of 1416 3.3 Miscellaneous Improvements: a. All miscellaneous features built and installed by the CITY, including but not limited to bus benches, bus shelters, regular benches, garbage containers, lighting and bicycle racks, shall be maintained by the CITY. b. Remove and dispose of litter in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. c. The CITY shall perform routine and regular inspections of the features described by 3.3.a to assure that each are fully functional. Identifying damaged, malfunctions, repairs and replaced broken components . d. When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within seven (7) t the fici ied. Maintai ng a e g . AL m ance perations that sets fo h the d e o he _ •n e activi , the location that wa •• ' ai d, a e wo at was p formed. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the IMPROVEMENTS to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. 4. MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 4 of 12 Page 831 of 1416 issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies . From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies . Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows : a. Maintain the IMPROVEMENTS, or a part thereof, and invoice the CITY for expenses incurred; or b. Terminate this AGREEMENT in accordance with Section 7, remove any or all IMPROVEMENTS located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal. 5. NOTICES All notices, requests, demands, consents, approvals, and other . ' ca ' oh a - req ed or given hereun. r, s 1 11110 _ rit and hall be s t by certified U.S. il, e' ce ' • eq , p tage prepaid, addres• d to = mar. to _ _ _ e uch noti s as follows : To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attn: District Maintenance Engineer • To the CITY: City of Miami Beach 1700 Convention Drive Miami Beach, Florida 33139 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS a. The PARTIES agree that the IMPROVEMENTS addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT's sole Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 5 of 12 Page 832 of 1416 discretion. The DEPARTMENT shall notify the CITY as soon as practicable of any such removal, relocation or adjustment of the IMPROVEMENTS. This notification is not subject to the notice provisions of Paragraph 5 of this AGREEMENT. In the event that the DEPARTMENT relocates or adjusts the IMPROVEMENTS, the CITY' s maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the Project Limits . 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions : a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b. In accordance with Section 287. 058 (1) (c) , Florida St - - • - ta sh s e right to un ate ' 1 t A G NT if e CITY refuses to :llow u' ID es• A .ny 1 do ments, papers, le ers, •r the at - m e or rec ed by the CITY pe A . th •GRE which e subject to provisions of Chapter 119, of the Florida Statutes . c. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES and shall continue so long as the IMPROVEMENTS remain in place until termination as set forth in Section 7 . b. This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 6 of 12 Page 833 of 1416 c. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. d. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. e. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Miami-Dade County, Florida. f. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. i. The section headings contained in this AGREEMENT are for re -- p - only d s the meaning or me e' tion ere j . No term o p is ' is AGRE NT shall be in • ed for gain ' ther Pa y because the Party or its legal representative drafted the provision. k. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 768 .28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT' s sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768 .28, Florida Statutes . 1. The CITY is a municipal corporation, self-insured and subject to the provisions of Section 768 .28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the CITY's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes . Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 7 of 12 Page 834 of 1416 9. INDEMNIFICATION Subject to Section 768 .28, Florida Statutes, as may be amended from time to time, the CITY shall: (a) promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, reasonable costs, damages, judgments, claims, demands, liabilities, reasonable attorneys fees, (including regulatory and appellate fees) , and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's negligent exercise or of its responsibilities as set out in this AGREEMENT, including but not limited to, any negligent act, negligent action, negligence or omission by the CITY, its officers, agents, employees or representatives in the performance of this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or res fr egli, ce NT; and (b) p. all r e . a es lated to this obligai on a s e rc - _ .y he DEPAR NT. The CITY' s obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT' s option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY' s receipt of the DEPARTMENT' s notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY' s evaluation of liability or its inability to evaluate liability shall not excuse the CITY' s duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 8 of 12 Page 835 of 1416 negligent shall excuse performance of this provision by the CITY. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. RA F T Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 9 of 12 Page 836 of 1416 IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: BY: City Manager or Mayor District Director of Transportation Operations ATTEST: (SEAL) ATTEST: City Clerk Executive Secretary LEGAL REVIEW: BY: DRAFT City Attorney District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 10 of 12 Page 837 of 1416 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the pedestrian enhancements to be maintained under this AGREEMENT. State Road Number: 907 (Alton Road) Agreement Limits: 16th Street to Lincoln Road County: Miami-Dade DRAFT Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 11 of 12 Page 838 of 1416 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once adopted by the CITY Board of Commissioners . RA F T Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907) Page 12 of 12 Page 839 of 1416