Resolution 2024-32887 RESOLUTION NO. 2024-32887
A RESOLUTION OF THE MAYOR AND CITY COMMISSION CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN
INTERGOVERNMENTAL AGENCY AGREEMENT BETWEEN THE
CITY AND MIAMI-DADE COUNTY PURSUANT TO SECTIONS 2-95
AND 2-96.1 OF THE MIAMI-DADE COUNTY CODE FOR THE
INSTALLATION OF ARTISTIC PAVEMENT MARKINGS ON LOCAL
AND COLLECTOR RESIDENTIAL MUNICIPAL STREETS OPERATED,
MAINTAINED AND OWNED BY THE CITY; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND FINALIZE THE
INTERGOVERNMENTAL AGENCY AGREEMENT CONSISTENT WITH
THE TERMS SET FORTH HEREIN, AND SUBJECT TO FORM
APPROVAL BY THE CITY ATTORNEY; AND FURTHER
AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE
THE FINAL NEGOTIATED AGREEMENT WITH MIAMI-DADE COUNTY.
WHEREAS, pursuant to City Commission direction, City staff is in the design
phase of the Slow Streets 2.0 Pilot Project ("Pilot Project") in the Flamingo Park
neighborhood; and
WHEREAS, the goal is to increase pedestrian safety and reduce vehicular
speeds and volumes, while also adding to the aesthetic value of the neighborhood; and
WHEREAS, the Pilot Project will be implemented on Jefferson Avenue between
5 Street and 11 Street, and 13 Street between Meridian Avenue and Washington
Avenue; and
WHEREAS, on Jefferson Avenue, the City is proposing a protected two-way
bicycle lane on the west side of the street; and
WHEREAS, throughout the intersections along Jefferson Avenue and 13 Street,
the City is proposing artistic pavement markings, including painted curb bulb-outs at
intersections that feature community-selected and volunteer-painted asphalt art, with
thematic designs relevant to the historical context of the neighborhood; and
WHEREAS, on 13 Street, the City is proposing additional artistic pavement
markings, including painted curb bulb-outs, painted chicanes (a serpentine curve in the
roadway intended to slow vehicle speeds), painted medians, and rubber speed cushions;
and
WHEREAS, the Miami-Dade County Department of Transportation and Public
Works ("DTPW") has jurisdiction and purview over traffic control on local roadways and
alleyways, including within incorporated municipalities. This authority includes artistic
pavement markings on a local and collector residential streets operated, maintained and
owned by the City; and
WHEREAS, the City and DTPW have been collaborating to finalize an
Intergovernmental Agency Agreement ("IAA") to grant authority to the City, pursuant to
Sections 2-95 and 2-96.1 of the Miami-Dade County Code, for the installation and
maintenance of artistic pavement markings on local and collector residential streets
operated, maintained and owned by the City, provided the City submits signed and
sealed engineering drawings to DTPW and receives written approval from DTPW; and
WHEREAS, approval of this IAA will allow the City to move forward with
permitting, installation, and maintenance, subject to DTPW approval, of various artistic
pavement markings proposed as part of the Flamingo Park Neighborhood Slow Streets
2.0 Pilot Program and other proposed tactical urbanism projects including, but not limited
to, the South Beach Promenade/ Espanola Way East Short-Term Tactical Urbanism,
thereby improving safety, aesthetics, and quality of life in the neighborhoods; and
WHEREAS, should the City Commission adopt a resolution approving this IAA,
in substantial form, the Administration will continue to work with the County to obtain
approval from the Miami-Dade County Board of County Commissioners for final
execution; and
WHEREAS, City Commission approval of this IAA will allow the Administration to
move forward with permitting, installation, and maintenance, subject to DTPW approval,
of various artistic pavement markings proposed as part of the Flamingo Park
Neighborhood Slow Streets 2.0 Pilot Program and other proposed tactical urbanism
projects including, but•not limited to, the South Beach Promenade/ Espanola Way East
Short-Term Tactical Urbanism, thereby improving safety, aesthetics, and quality of life
in the neighborhoods.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve, in substantial form, an Intergovernmental Agency Agreement
between the City and Miami-Dade County pursuant to Sections 2-95 and 2-96.1 of the
Miami-Dade County Code for the installation of artistic pavement markings on local and
collector residential municipal streets operated, maintained and owned by the City;
authorize the City Manager to negotiate and finalize the Intergovernmental Agency
Agreement consistent with the terms set forth herein, and subject to form approval by
the City Attorney; and further authorize the City Clerk and City Manager to execute the
final negotiated agreement with Miami-Dade County.
PASSED and ADOPTED this 31st day Janua 2024.
ATTEST:
FEB 0 6 2024 ,�f1
-``Stevven''Meiner, Mayor
'0:8,yy, APPROVED AS TO
FORM & LANGUAGE
Rafael E. Granado, City Clerk , IN[ORP ORAiEQ &FOR EXECUTION
1yam• ;in
\Z:136173 64 OX
City Attorney al Date
Resolutions -C7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 31, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION CITY OF MIAMI
BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AN INTERGOVERNMENTAL AGENCY AGREEMENT BETWEEN THE CITY
AND MIAMI-DADE COUNTY PURSUANT TO SECTIONS 2-95 AND 2-96.1
OF THE MIAMI-DADE COUNTY CODE FOR THE INSTALLATION OF
ARTISTIC PAVEMENT MARKINGS ON LOCAL AND COLLECTOR
RESIDENTIAL MUNICIPAL STREETS OPERATED, MAINTAINED AND
OWNED BY THE CITY; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND FINALIZE THE INTERGOVERNMENTAL AGENCY
AGREEMENT CONSISTENT WITH THE TERMS SET FORTH HEREIN,
AND SUBJECT TO FORM APPROVAL BY THE CITY ATTORNEY; AND
FURTHER AUTHORIZING THE CITY CLERK AND CITY MANAGER TO
EXECUTE THE FINAL NEGOTIATED AGREEMENT WITH MIAMI-DADE
COUNTY.
RECOMMENDATION
The City Adrrinistration (°Administration") recommends that the Mayor and City Commission ("City
Commission")approve the Resolution.
BACKGROUND/HISTORY
Pursuant to City Commission direction, City staff is in the design phase of the Slow Streets 2.0 Pilot
Project ("Pilot Project") in the Flamingo Park neighborhood. The goal is to increase pedestrian
safety and reduce vehicular speeds and volumes, while also adding to the aesthetic value of the
neighborhood. The Pilot Project will be implemented on Jefferson Avenue between 5 Street and 11
Street, and 13 Street between Meridian Avenue and Washington Avenue.
On Jefferson Avenue, the City is proposing a protected two-way bicycle lane on the west side of the
street. Throughout the intersections along Jefferson Avenue and 13 Street, the City is proposing
artistic pavement markings, including painted curb bulb-outs at intersections that feature community-
selected and volunteer-painted asphalt art, with thematic designs relevant to the historical context of
the neighborhood. On 13 Street, the City is proposing additional artistic pavement markings,
including painted curb bulb-outs, painted chicanes (a serpentine curve in the roadway intended to
slow vehicle speeds), painted medians, and rubber speed cushions.
Page 937 of 2002
The Miami-Dade County Department of Transportation and Public Works ("DTPW") has jurisdiction
and purview over traffic control on local roadways and alleyways, including within incorporated
municipalities. This authority includes artistic pavement markings on a local and collector residential
streets operated, maintained and owned by the City.
The Pilot Project is currently at 90% design development and under review by DTPW staff. The
artistic pavement markings are currently being developed based on community engagement and
feedback received through a citywide survey.
ANALYSIS
The City and DTPW have been collaborating to finalize an Intergovernmental Agency Agreement
("IAA')to grant authority to the City, pursuant to Sections 2-95 and 2-96.1 of the Miami-Dade County
Code, for the installation and maintenance of artistic pavement markings on local and collector
residential streets operated, maintained and owned by the City, provided the City submits signed and
sealed engineering drawings to DTPW and receives written approval from DTPW.
Approval of this IAA will allow the City to move forward with permitting, installation, and maintenance,
subject to DTPW approval, of various artistic pavement markings proposed as part of the Flamingo
Park Neighborhood Slow Streets 2.0 Pilot Program and other proposed tactical urbanism projects
including, but not limited to, the South Beach Promenade/ Espanola Way East Short-Term Tactical
Urbanism, thereby improving safety, aesthetics, and quality of life in the neighborhoods.
Should the City Commission adopt a resolution approving this IAA, in substantial form, the
Administration will continue to work with the County to obtain approval from the Miami-Dade County
Board of County Cormissioners for final execution.
SUPPORTING SURVEY DATA
Based on the 2022 Miami Beach Community Survey, 81% of residents expressed concerns with
pedestrian safety (vehicles not yielding to pedestrians) when crossing the street at an intersection.
Over half of the residents surveyed (56.5%) walk as one of their primary modes of transportation
within the City. Furthermore, 52.2%of residents surveyed expressed that capital projects that involve
more walking/biking friendly streets, greenways, and paths are among the top three most important
types of capital projects.
FINANCIAL INFORMATION
N/A
CONCLUSION .
City Commission approval of this IAA will allow the Administration to move forward with permitting,
installation, and maintenance, subject to DTPW approval, of various artistic pavement markings
proposed as part of the Flamingo Park Neighborhood Slow Streets 2.0 Pilot Program and other
proposed tactical urbanism projects including, but not limited to, the South Beach Promenade/
Espanola Way East Short-Term Tactical Urbanism, thereby improving safety, aesthetics, and quality
of life in the neighborhoods. •
The Administration recommends that the City Commission adopt the Resolution approving, in
substantial form, an IAA with Miami-Dade County; and further authorizing the City Manager to
negotiate and execute the final Agreement.
Page 938 of 2002
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Neighborhoods-Work with partners to address regional safety issues.
Legislative Tracking
Transportation and Mobility
ATTACHMENTS:
Description
o Attachment—Draft Intergovernmental Agency Agreement
o Resolution
Page 939 of 2002
INTERGOVERNMENTAL AGENCY AGREEMENTTO INSTALL ARTISTIC
PAVEMENT MARKINGS ONLOCAL AND COLLECTOR RESIDENTIAL STREETS
OPERATED,MAINTAINED AND OWNED BY THE CITY
THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO OPERATIONALLY
APPROVE, INSTALL, AND MAINTAIN ARTISTIC PAVEMENT MARKINGS ON LOCAL
AND COLLECTOR RESIDENTIAL STREETS OPERATED, MAINTAINED AND OWNED
BY THE CITY ("Agreement") is made and entered into this day of
2024, by and between the CITY OF MIAMI BEACH(the"City"), a municipal corporation of the
State of Florida,and MIAMI-DADE COUNTY(the"County"),a political subdivision of the State
of Florida.
WHEREAS, pursuant to Sections 2-95 and 2-96.1 of the Miami-Dade County Code, all
Artistic Pavement Markings in Miami-Dade County are under the exclusive jurisdiction of the
County; and
WHEREAS, Section 2-96.1 of the Miami-Dade County Code provides the County
Manager or his/her designee with the authority, in his/her sole discretion, to enter into an
intergovernmental agency agreement to permit an adequately equipped municipal agency to
assume certain traffic control functions; and
WHEREAS, the City desires to assume responsibilities for artistic pavement markings
pertaining to its local and collector residential streets operated, maintained and owned by the City
only and has requested the COUNTY to allow it to perform the function of conducting engineering
studies/analysis (collectively the "evaluation") for the operational feasibility, installation, and
maintenance of such Artistic Pavement Markings; and
WHEREAS,the City has the ability to plan, design, and perform construction inspection
of Artistic Pavement Markings and has represented to the County that it is capable,equipped, and
qualified to perform the duties and functions requested herein; and
WHEREAS, the City, by Resolution No. 202 , attached hereto as Exhibit " "
and by reference made a part hereof,has authorized the execution of this Agreement; and
WHEREAS, the parties agree that once this Agreement is executed, it shall clarify and
ratify the jurisdiction of each party.
WHEREAS,the County and the City agree that nothing contained in this Agreement shall
diminish or impact the rights of either entity or constitute an admission with respect to jurisdiction,
sovereign or permitting powers, or in any other matter related to the installation, use and
maintenance of Artistic Pavement Markings unless specifically set forth herein, including but not
limited to any County powers under the Miami-Dade County Code; and
Page 1 of 6
Page 940 of 2002
NOW,THEREFORE,THE,CITY AND THE COUNTY AGREE AS FOLLOWS:
Section 1. Recitals Adopted. That the above-stated recitals are incorporated herein by
reference and confirmed.
Section 2. Artistic Pavement Markings. The City may install and maintain the following
designated types of artistic pavement markings, on those local and collector residential streets
operated, maintained and owned by the City within its boundaries:
a) Colored Pavement
i. in Crosswalks
ii. in Medians
iii. for Islands
iv. for Bicycle Lanes
v. for Public Transit Systems
b) Colored Pavement on City-Maintained Roadways
c) Intersection Murals
d) Crosswalk Murals •
e) Roadway Murals
Section 3. Installation. Any such artistic pavement markings may be installed on local and
collector residential streets operated, maintained and owned by the City only after signed and
sealed design plans have been reviewed and received written approval by the City,through its City
Manager or his/her designee. A copy of such signed and sealed plans must be submitted to the
Miami-Dade County Department of Transportation and Public Works("DTPW").
Section 4. County Approval. Additionally, any such artistic pavement markings may be
installed on local and collector residential streets operated,maintained and owned by the City only
after the signed and sealed plans have been submitted to the Miami-Dade County Department of
Transportation and Public Works("DTPW") Permitting System and the City has received written
approval by DTPW.
Section 5. Standards. All Artistic Pavement Markings installed by the City in accordance
with this Agreement shall conform to the applicable requirements established by the following
publications:
a. U.S. Department of,Transportation Federal Highway Administration, MUTCD
Official Ruling 3(09)-24(1): Application of Colored Pavement Memorandum
(August 15,2013).
Page 2 of 6
Page 941 of 2002
b. Florida Department of Transportation's Standard Specifications for Road and
Bridge Construction.
c. 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.
d. Miami-Dade County Public Works Manual (available from the Department of
Transportation and Public Works, Reproduction Services, 111 NW 1st Street, Suite
1604, Miami, FL 33128).
e. Miami-Dade County Traffic Flow Modifications Handbook, 2021 Edition.
f. City of Miami Beach Traffic Calming Manual, Revised July 22,2010.
g. City of Miami Beach Public Works Manual, Revised September 2021.
h. National Association of City Transportation Officials (NACTO) Urban Bikeway
Design Guide, Second Edition (2014): Colored Pavement Material Guidance
Section 6. Maintenance Responsibility. The City assumes sole and complete responsibility
for the maintenance of artistic pavement markings that are installed by the City within its
boundaries, including the artistic pavement markings installed along the City roads prior to this
agreement, such markings are described in Exhibit"A" [applicable only if the City had previous
artistic pavement markings installed within its boundaries]. The City shall be responsible for the
aesthetics of all installed artistic pavement markings(e.g. peeling,graffiti,flyers, stickers, etc.). If
the City fails to maintain the artistic pavement markings, it shall be responsible for any and all
costs incurred by the County to replace them or remove them.
Section 7. Liability and Indemnification. The City 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 artistic pavement markings, and hereby indemnifies to
the extent allowed by Section 768.28, Florida Statutes, and holds the County harmless from any
and all claims, including but not limited to negligence arising out of or relating to installation,
operation, or maintenance of the artistic pavement markings.
Section 8. No Waiver of Sovereign Immunity. Notwithstanding any other term in this
Agreement, nothing herein shall be deemed a waiver of the City or the County's immunity,
sovereign rights,or limitations of liability as provided by Section 768.28, Florida Statutes, as may
be amended from time to time.
Section 9. Public Records. The City shall be responsible for keeping records of any and all
installations and 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 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
Page 3 of 6
Page 942 of 2002
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.
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 Artistic
Pavement Markings 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 Artistic
Pavement Markings installed by the City; provided the City shall restore the roadway and area in
which the Artistic Pavement Markings was located to the condition that existed before the City'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 17. 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 of the
persons listed herein. For the present, the Parties designate the following as the respective places
for notice purposes:
a. For the County: Miami-Dade Department of Transportation and Public Works,
Attn: Eulois Cleckley, 111 NW 1st Street, Suite 1510, Miami, FL 33128
With a Copy To: Miami-Dade County Attorney's Office, 111 NW 1st Street,Suite
2910, Miami, FL 33128
Page 4 of 6
Page 943 of 2002
b. For the City: City of Miami Beach, Attn: City Manager, Alina Hudak, 1700
Convention Center Drive, Miami Beach, FL 33139
With a Copy To: City of Miami Beach, Attn: City Attorney, Rafael Paz, 1700
Convention Center Drive, Miami Beach, FL 33139
[THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS]
Page 5 of 6
Page 944 of 2002
IN WITNESS WHEREOF, the City and the County have set their hands the day and year above
written.
FOR MIAMI-DADE COUNTY,FLORIDA:
EULOIS CLECKLEY, DIRECTOR OF MIAMI-
DADE COUNTY DEPARTMENT OF
TRANSPORTATION AND PUBLIC WORKS
ATTEST:
DEPUTY CLERK
PRINT NAME:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MIAMI-DADE COUNTY ATTORNEY'S OFFICE
FOR THE CITY OF MIAMI BEACH, FLORIDA:
ALINA HUDAK, CITY MANAGER
ATTEST:
RAFAEL GRANADO, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RAFAEL PAZ, CITY ATTORNEY
Page 6 of 6
Page 945 of 2002