Florida Department of Transportation20 2 3- 2 75
FLORIDA DEPARTMENT OF TRANSPORTATION
MASTER MAINTENANCE MEMORANDUM OF AGREEMENT
FOR WAYFINDING KIOSK DEVICES
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on , 2023, 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 PARTY/PARTIES.
RECITALS:
A. The DEPARTMENT has jurisdiction over the following State Roads: Indian Creek
Drive, Alton Road, Collins Avenue, 51h Street, Harding Avenue, 71s, Street, Normandy
Drive, and 63rd Street; and
B. Pursuant to that certain IKE Agreement dated July 28, 2023, attached hereto as Exhibit
"A", between the CITY and IKE Smart City, LLC, a Delaware limited liability company,
hereinafter called IKE, IKE intends to install, operate, and maintain wayfinding kiosks in
and around the CITY, which wayfinding kiosks are powered by electricity, hereinafter
called KIOSKS; and
C. The CITY, on behalf of IKE, desires to obtain approval from the DEPARTMENT to
install, operate, and maintain KIOSKS on DEPARTMENT owned right-of-way (RW) for
State Roads which the DEPARTMENT has jurisdiction over, collectively referred to as
the PROJECT LIMITS as described in Exhibit "B", and
D. The DEPARTMENT will consider requests and may, but is not obligated to, grant
approval to the CITY to install, operate, and maintain KIOSKS for the transportation
purpose of providing wayfinding devices for pedestrians and bicyclists; and
E. The DEPARTMENT has determined that the KIOSKS. are not "sign(s)" as that word is
used in Section 337.407 of the Florida Statutes and, as a result, the KIOSKS are not subject
to the prohibition set forth in Section 337.407(1) of the Florida Statutes; and
F. DEPARTMENT approval is authorization to the CITY to install, operate, and maintain
KIOSKS and does not transfer any property rights to the CITY or IKE; and
G. The PARTIES to this AGREEMENT mutually recognize the need for entering into this
agreement designating and setting forth the responsibilities of each PARTY with regards
to the installation, operations, and maintenance of the KIOSKS installed within the
PROJECT LIMITS and further the PARTIES acknowledge this AGREEMENT was
drafted with equal participation by both PARTIES; therefore, no term or condition of this
AGREEMENT shall be strictly interpreted in favor of or against either PARTY; and
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H. The PARTIES agree that the execution of this AGREEMENT constitutes an assignment
of all installation, operations, and maintenance responsibilities pertaining to all KIOSKS
within the PROJECT LIMITS to the CITY.
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. INSTALLATION
a. The CITY will install all KIOSKS within the PROJECT LIMITS per the IKE
Agreement dated July 28, 2023, between the CITY and IKE and this
AGREEMENT. In case of conflict, this AGREEMENT prevails.
b. The CITY will install all KIOSKS within the PROJECT LIMITS in urban, high
pedestrian volume areas along areas of roadways where the speed limit does not
exceed 35 miles per hour at the time of installation.
C. The CITY will install all KIOSKS within the PROJECT LIMITS to provide a
clear, unobstructed pedestrian path that is a minimum of five (5) feet in width.
The CITY will install all KIOSKS within the PROJECT LIMITS at the
maximum practical distance from the face of curb. The CITY will provide a
minimum of four (4) feet from the face of curb to the KIOSK edge closest to the
roadway within the PROJECT LIMITS and will increase this distance as needed
to align the KIOSKS with existing features in the immediate vicinity of the
KIOSKS such as utility poles, trees, etc. so that a pedestrian weaving pattern is not
created. The DEPARTMENT will consider written requests from the CITY for
distances less than four (4) feet if aligning the KIOSK edge closest to the roadway
with existing features in the immediate vicinity of the KIOSKS such as utility
poles, trees, etc. eliminates a pedestrian weaving pattern; approval or denial of said
requests by the DEPARTMENT shall be in writing.
e. The CITY will install all KIOSKS within the PROJECT LIMITS a minimum
distance of 15 (fifteen) feet from any fire hydrant or accessible parking space.
The CITY will install all KIOSKS within the PROJECT LIMITS to not create
any horizontal sight distance issues or other driver, bicyclist, or pedestrian sight
obstructions.
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The CITY will install all KIOSKS within the PROJECT LIMITS in accordance
with the DEPARTMENT'S Standard Specifications for Road and Bridge
Construction applicable at the time of the installations.
h. The CITY will install utilities for all KIOSKS within the PROJECT LIMITS
without open cutting or trenching the sidewalk and pavement. The CITY will
remove and replace sidewalks impacted by KIOSK installation from sidewalk joint
to sidewalk joint.
The CITY will install all KIOSKS within the PROJECT LIMITS without
creating horizontal walking surface gaps greater than a half (1/2) of an inch
including gaps between the interface (perimeter) of the KIOSKS and the walking
surface the KIOSKS reside on. If a separate `pedestal' foundation is used, the
interface of the foundation with the walking surface will be either flush or will
extend a minimum of six inches above the walking surface to function as a
detectable curb delineating the walking surface from the foundation `pedestal'. In
no cases shall the foundation or level landing configuration impinge upon an
unobstructed, clear side reach of ten inches from the edge of the level landing to
the controls.
The CITY will install all KIOSKS within the PROJECT LIMITS without
creating vertical sidewalk differentials greater than a quarter (1/4) of an inch
including differentials between the interface (perimeter) of the KIOSKS and the
walking surface the KIOSKS reside upon.
k. The CITY will install all KIOSKS securely to their foundations and will provide
a clear opening between the KIOSKS and the sidewalks to facilitate cleaning of
the sidewalks and preclude the accumulation of litter and debris.
1. The CITY will install all KIOSKS with a minimum 30 inch x 48 inch level landing
directly in front of the operational controls with the 48 inch dimension centered on
the controls. A level landing is considered a 2% maximum surface slope in all
directions.
M. The CITY will install all KIOSKS within the PROJECT LIMITS with screens
that do not exceed 18 square feet in size and only provide messages on the front
and back of the KIOSKS; further the KIOSKS themselves shall not be lit.
n. The CITY will install all KIOSKS within the PROJECT LIMITS with light
sensors allowing the screens to automatically dim brightness during nighttime
hours.
o. The CITY will install all KIOSKS within the PROJECT LIMITS with physical
and cyber hacking security to prevent displays or messages which are not intended
and approved by the CITY and IKE.
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p. The CITY will install all KIOSKS within the PROJECT LIMITS with remote
monitoring and control capability so any compromise in security can be shut down
immediately.
OPERATIONS AND MAINTENANCE
a. The CITY will operate and maintain all KIOSKS, as long as the KIOSKS remain
in place, to ensure safety, aesthetics, and function.
The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS
in accordance with the terms of the IKE Agreement dated July 28, 2023, between
the CITY and IKE and this AGREEMENT. In case of conflict, this
AGREEMENT prevails.
The CITY will allow the DEPARTMENT to have input on and utilize the CITY's
Directed Content for KIOSKS installed within the PROJECT LIMITS per the
terms of the IKE Agreement dated July 28, 2023, between the CITY and IKE.
d. The CITY will operate and maintain all KIOSKS to ensure screens automatically
dim brightness during nighttime hours.
e. The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS
to ensure messages do not display chasing, flashing, or moving lighting.
The CITY will operate all KIOSKS within the PROJECT LIMITS to provide
message content that is of broad community interest and significance, approved by
the CITY, and consistent with the IKE Agreement dated July 28, 2023, between
the CITY and IKE. Message content will comply with the message content- related
provisions of the DEPARTMENT'S "Sponsorship Program Policy" (dated
February 6, 2014) or any future message content policy that replaces it. The CITY
will respond to and resolve all issues, comments, and questions relating to message
content, regardless of source, to the satisfaction of the DEPARTMENT.
The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS
to ensure they are secure from physical and cyber hacking resulting in displays or
messages which are not intended and can be monitored and controlled remotely to
immediately shut down any compromise in security. The CITY will immediately
shut down any displays or messages not intended and approved by the CITY and
IKE.
h. The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS
to ensure all horizontal walking surface gaps in the immediate vicinity of installed
KIOSKS are not greater than a half (1/2) of an inch including gaps between the
interfaces (perimeters) of the KIOSKS and the walking surface the KIOSKS reside
on.
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The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS
to ensure all walking surface vertical differentials are not greater than a quarter
(1/4) of an inch in depth including vertical differentials between the interfaces
(perimeters) of the KIOSKS and walking surface the KIOSKS reside on.
The CITY will remove and dispose of litter within a 10- foot radius around each
KIOSK within the PROJECT LIMITS during the daily visits to each KIOSK in
accordance with paragraph 13.a of the IKE Agreement dated July 28, 2023,
between the CITY and IKE.
k. The CITY will submit Lane Closure Requests to the DEPARTMENT when
maintenance activities 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 in
accordance with the District Six Lane Closure Policy, as may be amended from
time to time.
The CITY will provide the DEPARTMENT a report every January with the total
yearly (I2-monthperiod) usage for each of the KIOSKS. The report shall include
the number of impressions gathered at each KIOSK installed within the
PROJECT LIMITS, the number of hours the KIOSK is not operational, the
number and duration of public service messages, and the total number of
incidents/accidents recorded/reported that involves the KIOSK.
in. The CITY will maintain a service log of all operations and maintenance activities
within the PROJECT LIMITS that sets forth the date of the activity, the KIOSK
that was maintained, and the work that was performed.
n. The CITY is responsible for obtaining copies of all applicable rules, regulations,
policies, procedures, guidelines, and manuals, as may be amended from time to
time.
4. INSTALLATION. OPERATIONS. AND MAINTENANCE DEFICIENCIES
a. If" at any time and for any reason it shall come to the attention of the
DEPARTMENT that the CITY's contractual obligations as established herein are
not being complied with pursuant to the terms of this AGREEMENT, the
DEPARTMENT may, at its option, issue a written notice, delivered to the Office
of the CITY MANAGER, to notify the CITY of the deficiencies. If the
deficiencies are safety related or displayed messages related, the CITY shall
immediately correct the cited deficiencies. The CITY shall correct cited
deficiencies which are not safety related or displayed messages related in
accordance with paragraph 13.a of the IKE Agreement dated July 28, 2023,
between the CITY and IKE.
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b. The CITY will provide the DEPARTMENT with an assessment of the cause of
said deficiencies and provide written remedial measures that will be taken to
prevent reoccurrence. If said deficiencies are not corrected to the satisfaction of the
DEPARTMENT, the DEPARTMENT may, at its option, correct any deficiencies
or non-compliance and/or remove the KIOSKS at the DEPARTMENT's sole
discretion and seek the costs of correcting the deficiencies or KIOSK removal from
the CITY.
UNEE1;[I71lC[ -1
All notices, requests, demands, consents, approvals, and other communication which are
required to be served or given hereunder, shall be in writing and shall be sent by email or certified
U.S. mail, return receipt requested, postage prepaid, addressed to the PARTY to receive such
notices as follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest I I I Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
Email: renato.marreroRdot.state.ft.us
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: CITY Manager
With a copy to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: Assistant Director of the Public Works
Department
Notices sent by email will be deemed to have been received by the end of one (1) business day
after being sent unless a reply of actual receipt is provided. Notices sent by certified U.S. mail
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 KIOSKS
a. The CITY will remove, relocate, or adjust at any time in the future KIOSKS and
restore the area of the removed, relocated, or adjusted KIOSKS within the
PROJECT LIMITS to a standard concrete sidewalk, in accordance with the
DEPARTMENT's guidelines, standards, specifications, and procedures, at the
CITY's expense, for the construction, repair, improvement, maintenance, safe and
efficient operation, alteration, or relocation of all, or any part of a state road, at the
DEPARTMENT's sole discretion and satisfaction.
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b. The DEPARTMENT will notify the CITY a minimum of 60 calendar days prior
to any DEPARTMENT -directed relocation, removal, or adjustment to allow the
CITY time to coordinate the relocation, removal, or adjustment. If the KIOSKS
are not relocated, removed, or adjusted in a timely manner as determined by the
DEPARTMENT, then the DEPARTMENT will remove the KIOSKS at the
CITY's expense.
C. The CITY's operations and maintenance responsibilities will survive any
relocation or adjustment, as long as the KIOSKS remain within the PROJECT
LIMITS.
7. AUTHORIZATION TO INSTALL, OPERATE, AND MAINTAIN
a. The CITY will submit draft KIOSK installation plans and details and schedules
for each proposed location within the PROJECT LIMITS to the
DEPARTMENT. The DEPARTMENT will review the draft KIOSK installation
plans and details and schedules for compliance with the requirements of this
AGREEMENT and review upcoming DEPARTMENT projects. The
DEPARTMENT and CITY will discuss any comments, questions, and concerns
within thirty (30) calendar days and meet on- site if requested by either the
DEPARTMENT or CITY.
b. After the on -site meeting, if requested, and resolution of any comments, questions,
and concerns, the CITY will submit a General Use Permit application for each
proposed KIOSK location or relocation to the DEPARTMENT. The General Use
Permit application must include installation plans and details signed and sealed by
a Professional Engineer registered in the State of Florida and installation schedules
showing the requirements of this AGREEMENT are satisfied.
C. The DEPARTMENT will review the General Use Permit application, and if all
requirements of this AGREEMENT are satisfied, approve the General Use Permit
application for a term of four (4) years.
d. The CITY will install the KIOSK within 180 calendar days of DEPARTMENT
approval of the General Use Permit.
e. At the end of the four (4) year term, the CITY may submit another General Use
Permit application for any proposed KIOSK locations to the DEPARTMENT.
The DEPARTMENT will review the General Use Permit application, and if all
requirements of this AGREEMENT have been satisfied and if the KIOSK
continues to serve the transportation purpose of providing a wayfinding device for
pedestrians and bicyclists as indicated by increasing or consistent impressions
gathered at the KIOSK, approve the General Use Permit application for a term of
four (4) years. In the event that impressions decrease at a KIOSK, the CITY and
DEPARTMENT will work in good faith to determine if the KIOSK should be
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removed, be relocated, or remain. The CITY may continue to submit for General
Use Pen -nits until the date this AGREEMENT ends.
DEPARTMENT authorized KIOSK locations will be incorporated into this
AGREEMENT by a supplemental agreement between the PARTIES, in the form
attached hereto as Exhibit "D", to be executed by the authorized signatories of this
AGREEMENT, or their designees.
TERM
a. The effective date of this AGREEMENT will commence upon execution by the
PARTIES.
b. The term of this AGREEMENT consists of an initial term and two possible
renewal terms.
C. The initial term of this AGREEMENT will commence upon the effective date and
continue for ten (10) years.
d. At the end of the initial term, the first possible renewal term will commence and
continue for five (5) years. The DEPARTMENT will notify the CITY in writing
at least one hundred twenty (120) calendar days prior to the expiration of the initial
term if the DEPARTMENT does not wish to renew this AGREEMENT. Within
that one hundred twenty (120) calendar day period, the CITY and the
DEPARTMENT will work in good faith to remedy any concerns causing the
DEPARTMENT to consider non -renewal. In the event that such considerations
are not remedied, the DEPARTMENT may elect in its sole discretion to not renew
the AGREEMENT.
e. If applicable, at the end of the first renewal term, the second possible renewal term
will commence and continue for five (5) years. The DEPARTMENT will notify
the CITY in writing at least one hundred twenty (120) calendar days prior to the
expiration of the initial term if the DEPARTMENT does not wish to renew. Within
that one hundred twenty (120) calendar day period, the CITY and the
DEPARTMENT will work in good faith to remedy any concerns that are causing
the DEPARTMENT to consider non -renewal. In the event that such considerations
are not remedied, the DEPARTMENT may elect in its sole discretion to not renew
the AGREEMENT.
f. No additional General Use Permits shall be approved when this AGREEMENT
ends. General Use Permits approved prior to the end of this AGREEMENT will
survive until the term of each General Use Permit ends. Prior to the end of each
General Use Permit, the CITY will, at its sole cost and expense, remove the
KIOSK and restore the area to a standard concrete sidewalk, in accordance with
the DEPARTMENT'S guidelines, standards, and procedures, and to the
satisfaction of the DEPARTMENT.
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9. TERMINATION
a. The DEPARTMENT may terminate this AGREEMENT upon sixty (60) calendar
days written advance notice if the CITY fails to perform its duties under this
AGREEMENT or fails to respond to and correct the reasons for the termination
stated in the notice.
Both PARTIES may mutually agree to terminate this AGREEMENT. An
agreement to terminate shall be valid only if made in writing and executed with the
same formalities as this AGREEMENT.
In accordance with Section 287.058(1)(c), Florida Statutes, the DEPARTMENT
may unilaterally cancel this AGREEMENT if the CITY refuses to allow public
access to any or all documents, papers, letters, or other materials made or received
by the CITY pertinent to this AGREEMENT unless the records are exempt from
Section 24(a) of Article I of the State Constitution and Section 119.07(1), of the
Florida Statutes.
d. Prior to the effective date of termination of the AGREEMENT pursuant to this
Section, the CITY will, at its sole cost and expense, remove all KIOSKS and
restore the area to a standard concrete sidewalk, in accordance with the
DEPARTMENT'S guidelines, standards, and procedures, and to the satisfaction
of the DEPARTMENT. Notwithstanding the foregoing, General Use Permits
approved prior to the end of this AGREEMENT will survive until the term of each
General Use Permit ends.
10. GENERAL TERMS
E-Verify
The CITY will:
Utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the contract; and
ii. Expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term. (Executive Order Number 2011-02)
The CITY will insert the E-Verify clause into any contract entered into by the
CITY with vendors or contractors hired by the CITY for purposes of performing
its duties under this AGREEMENT.
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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.
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 is severable and will not affect the validity of the
remaining portions of the AGREEMENT.
e. The venue for any and all actions arising out of or in connection to the
interpretation, validity, performance or breach of this AGREEMENT lies
exclusively in a state court of proper jurisdiction in Miami -Dade County, Florida.
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.
g. The section headings contained in this AGREEMENT are for reference purposes
only and do not affect the meaning or interpretation hereof.
h. No term or provision of this AGREEMENT shall be interpreted for or against
either PARTY because the PARTY or its legal representative drafted the
provision.
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.
This AGREEMENT shall not be construed as in any way establishing a
partnership, joint venture, express or implied agency, or employer employee
relationship between the DEPARTMENT, the CITY, and IKE.
11. INDEMNIFICATION
a. Subject to Section 768.28, Florida Statutes, as may be amended from time to time,
the CITY shall promptly indemnify, defend, save and hold harmless the
DEPARTMENT, its officers, agents, representatives and employees fi-om any and
all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages,
judgments, claims, demands, liabilities, attorneys fees (including regulatory and
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appellate fees), and suits of any nature or kind whatsoever caused by, arising out
of, or related to the CITY's exercise or attempted exercise of its responsibilities as
set out in this AGREEMENT, including but not limited to, any act, action, neglect
or omission by the CITY, its officers, agents, employees or representatives in any
way pertaining to 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 directly
caused or resulting from the negligence of the DEPARTMENT.
b. 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.
C. The CITY shall pay all costs and reasonable attorney's fees related to this
obligation and its enforcement by the DEPARTMENT. 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.
d. 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 solely negligent
shall excuse performance of this provision by the CITY.
j� X1111►I1_IIm 3-M. III mma ill 010
This AGREEMENT may be executed in counterparts, each of which shall be an original
as against either PARTY whose signature appears thereon, but all of which taken together shall
constitute but one and the same instrument. An executed facsimile or electronic scanned copy of
this AGREEMENT shall have the same force and effect as an original. The PARTIES shall be
entitled to sign and transmit an electronic signature on this AGREEMENT (whether by facsimile,
PDF or other email transmission), which signature shall be binding on the PARTY whose name
is contained therein. Any PARTY providing an electronic signature agrees to promptly execute
and deliver to the other PARTIES an original signed AGREEMENT upon request.
IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be
executed the day and year first above written.
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CITY OF MIAMI BEACH:
BY 7��Goa
f lina T. Hudak, tity NAanager
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY:
District Director of
Transportation Operations
t
ATTEST: (SEAL) ATTEST:
City Clerk Executive Secretary
SEP 2 1 2023
° LEGAL REVIEW:
BYJ 3 BY:
City Attorney ' District Chief Counsel
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EXHIBIT "A"
IKE AGREEMENT
DATED JULY 28, 2023
BETWEEN THE CITY OF MIAMI BEACH AND IKE SMART CITY, LLC
To be herein incorporated.
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EXHIBIT "B"
PROJECT LIMITS
Below are the limits of the KIOSKS to be installed, operated, and maintained by the CITY under
this AGREEMENT.
State Road:
Indian Creek Drive
Alton Road
Collins Avenue
5`h Street
Harding Avenue
71" Street
Normandy Drive
6311 Street
County: Miami -Dade
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EXHIBIT "C"
Intentionally omitted.
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EXHIBIT "D"
SUPPLEMENTAL AGREEMENT TO
FLORIDA DEPARTMENT OF TRANSPORTATION
MASTER MAINTENANCE MEMORANDUM OF AGREEMENT
FOR WAYFINDING KIOSK DEVICES
WITH THE
CITY OF MIAMI
This Supplemental Agreement, dated the day of , 2023, is entered
into between the Florida Department of Transportation ("DEPARTMENT") and the City of
Miami Beach ("CITY").
In accordance with the provisions of the Master Maintenance Memorandum Agreement
("MMOA") for the KIOSKS between the PARTIES, dated the day of I , 2023, the
PARTIES enter into this Supplemental Agreement for purposes of incorporating the following
KIOSKS, pursuant to FDOT Permit No(s). , within the State right of
way described in such Permit, copy attached hereto and incorporated herein by reference.
By their signature below, the PARTIES hereby acknowledge that FDOT Permit
No. for KIOSKS on SR , within the limits described in said Permit, is hereby
incorporated into the MMOA, and the CITY shall comply with all installation, operations, and
maintenance obligations thereunder and the PARTIES further agree to abide by all provisions
thereunder.
CITY OF MIAMI BEACH: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
I:
Name: Aiina T. Hudak Name:
Title: City . Manager
Title:
APPROVED AS TO
FORM & i.ANGUAGE
& FOR EXECUTION
0qhq12-3
City Attorney Date
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY
Tel: 305-673-7000 Ext 6955
MEMORANDUM
Date:, September 20, 2023
To: Alina T. Hudak, City Manager
From: Gisela Nanson Torres, Senior Assistant City Attorney
Ext. 6955/Fax: 305-673-7002/giselatorres(aD-m iamibeachfl.gov
Re: FDOT Agreement with City permitting IKE kiosks along FDOT rights -of -way;
September 13, 2023 Agenda Item C7 AK
Dear Madame Manager:
I hope all is well with you. Attached please find the above referenced document for
execution, where indicated.
Once fully signed, please contact Gloria Dieguez, at extension 26537, for retrieval.
Should you have any questions, please do not hesitate to call me.
Best regards,
Qia� Mamon.aww
MIAMIBEACH
Gisela Nanson Torres,
Senior Assistant City Attorney
Tel: 305-673-7000 Ext. 26955/giselatorres(EDmiamibeachfl.gov