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
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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
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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
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ATTACHMENTS:
Description
❑ Attachment A
❑ Attachment B
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ATTACHMENT A
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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
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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 .
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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.
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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,
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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
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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.
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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 .
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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
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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
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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
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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
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EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once adopted by the CITY Board of
Commissioners .
RA F T
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