Resolution 2024-32882 RESOLUTION NO! 2024-32882
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ADDRESSING
EACH PARTY'S RESPECTIVE MAINTENANCE RESPONSIBILITIES RELATING
TO PUMP STATIONS, DRAINAGE SYSTEMS, SEAWALLS & OTHER
MISCELLANEOUS FEATURES LOCATED WITHIN THE PROJECT LIMITS OF
SR-A1A (COLLINS AVENUE) FROM 25TH STREET TO 26TH STREET, AND SR-
A1A(INDIAN CREEK DRIVE) FROM COLLINS AVENUE TO 41ST STREET; AND
FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE
THE MMOA.
WHEREAS, Indian Creek Drive is considered one of the City's main corridors, forming a
southbound artery between North/Mid Beach and South Beach, which serves to provide access
for emergency services, and as a hurricane evacuation route; and
WHEREAS, during extreme high tide events during spring and fall, Indian Creek Drive,
would consistently flood between 26th and 34th Streets; and
WHEREAS, FDOT has jurisdiction over State Road (SR)A1A(Collins Avenue) from 25th
Street to 26th Street, and SR-A1A (Indian Creek Drive) from Collins Avenue to 41st Street (SR-
112), which is located within the limits of the City; and
WHEREAS, the City and FDOT mutually recognize that it is in the best interest of the
public to improve SR-A1A (Collins Avenue) from 25th Street to 26th Street, and SR-A1A (Indian
Creek Drive)from Collins Avenue to 41st Street(SR-112) (the "Project Limits"); and
WHEREAS, the City, pursuant to Project FM#439228-2-58-01, agreed to design and
construct permanent roadway and seawall improvements(the"Project,")along the Project Limits,
within FDOT and City right-of-way; and
WHEREAS, certain improvements were constructed within private properties pursuant to
license agreements, easements, or other permissions or property rights secured by the City from
the private property owners; and
WHEREAS, the City and FDOT have negotiated the essential terms of a Maintenance
Memorandum of Agreement (MMOA), setting forth the responsibilities of each party with regard
to the maintenance of the improvements within the Project Limits; and
WHEREAS, pursuant to the proposed MMOA, the City will be taking over the routine
maintenance of the pump structure system built within the Project Limits, drainage features built
within the City's right of way, the seawall and riprap, some miscellaneous features built outside of
FDOT's right way, and devices used to separate the bicyclists from the travel lanes; and
WHEREAS, as part of Financial Project 439228-2-58-01, on September 30, 2016,the City
and FDOT entered into a Department Funded Agreement (DFA), as amended, for roadway and
drainage improvements on S.R. A1A/Indian Creek Drive from 41st Street to 26th Street (M.P.
1.034 to M.P. 0.232); and
WHEREAS,the City Manager recommends that the Mayor and City Commission approve,
in substantial form, the MMOA, a draft copy of which is attached to the City Commission
Memorandum accompanying this Resolution as Exhibit "A"; and further authorize the City
Manager to finalize and execute the MMOA.
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 hereby approve, in substantial form, a Maintenance Memorandum of Agreement
(MMOA) with the Florida Department of Transportation (FDOT), addressing each party's
respective maintenance responsibilities relating to pump stations, drainage systems, seawalls &
other miscellaneous features located within the Project Limits of SR-AlA (Collins Avenue) from
25th Street to 26th Street, and SR-MA (Indian Creek Drive) from Collins Avenue to 41st Street;
and further authorize the City Manager to finalize and execute the MMOA.
PASSED and ADOPTED this .3l day of .74444 , 2024.
•
ATTEST:
Steven Meiner, Mayor
73iFEB 0 6 2024
Rafael E. Granada, City Clerk Wit
•
'; kIN(ORP ORATED.•'
Sponsored by Commissioner Alex J. Fernandez .tiR �..1.... �; ,_-
464cr7 26
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
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City Attorney Y Date
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Resolutions -C7 L
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 OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ADDRESSING
EACH PARTY'S RESPECTIVE MAINTENANCE RESPONSIBILITIES
RELATING, TO PUMP STATIONS, DRAINAGE SYSTEMS, SEAWALLS &
OTHER MISCELLANEOUS FEATURES LOCATED WITHIN THE PROJECT
LIMITS OF SR-A1A (COLLINS AVENUE) FROM 25th STREET TO 26TH
STREET, AND SRA1A (INDIAN CREEK DRIVE) FROM COLLINS AVENUE
TO 41ST STREET; AND FURTHER AUTHORIZING THE CITY MANAGER
TO FINALIZE AND EXECUTE THE MMOA.
RECOMMENDATION
The City Manager recommends adopting the Resolution.
BACKGROUND/HISTORY
Indian Creek Drive is considered one of the City's main corridors, forming a southbound artery
between North/Mid Beach and South Beach. It provides emergency services and serves as a
hurricane evacuation route. During extreme high tide events during spring and fall, Indian Creek
Drive,would consistently flood between 26th and 34th Streets.
ANALYSIS
FDOT has jurisdiction over State Road (SR) A1A (Collins Avenue) from 25 th Street to 26th
Street, and SR-A1A(Indian Creek Drive)from Collins Avenue to 41st Street(SR-112),which is
located within the limits of the City. The City and FDOT mutually recognize that it is in the best
interest of the public to improve SR-A1A (Collins Avenue) from 25th Street to 26th Street, and
SR-A1A (Indian Creek Drive) from Collins Avenue to 41st Street (SR-112) (the "Project
Limits").
The City, pursuant to Project FM#439228-2-58-01, agreed to design and construct permanent
roadway and seawall improvements (the "Project,") along the Project Limits, within FDOT and
City right-of-way. Certain improvements were constructed within private properties pursuant to
license agreements, easements, or other permissions or property rights secured by the City
from the private property owners.
Page 663 of 2002
The City and FDOT have negotiated the essential terms of a Maintenance Memorandum of
Agreement (MMOA), setting forth the responsibilities of each party with regard to the
maintenance of the improvements within the Project Limits, a draft copy of which is attached
hereto as Exhibit"A".
Pursuant to the proposed MMOA, the City will be taking over the routine maintenance of the
pump structure system built within the Project Limits, drainage features built within the City's
right of way, the seawall and riprap and some miscellaneous features built outside of FDOT's
right way. The proposed MMOA also provides that the City will maintain devices used to
separate the bicyclists from the travel lanes.
As part of Financial Project 439228-2-58-01, on September 30, 2016, the City and FDOT also
entered into a Department Funded Agreement (DFA), as amended, for roadway and drainage
improvements on S.R. A1A/Indian Creek Drive from 41st Street to 26th Street (M.P. 1.034 to
M.P. 0.232).
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show
an overall approval of 67.4%, and rated the City as a good place to live. .
FINANCIAL INFORMATION
• No fiscal impact.
CONCLUSION
The City Manager recommends adopting the Resolution.
Applicable Area
• Middle Beach
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
Prosperity- Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works'
ATTACHMENTS:
Description
o Resolution
o MMOA- CMB - Pump Station Indian Creek FDOT CMB Exhibit Ato Memo
Page 664 of 2002
EXHIBIT "A"
FLORIDA DEPARTMENT OF TRANSPORTATION
PUMP STATION, DRAINAGE SYSTEMS, SEAWALL
& MISCELLANEOUS FEATURES
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) AlA (Collins
Avenue) from 25th Street to 26th Street, and SR-AlA (Indian Creek
Drive) from Collins Avenue to 41st Street (SR-112) , which is
located within the limits of the CITY; and
B. The PARTIES to this AGREEMENT mutually recognize that it is in
the best interest of the Public to improve SR-AlA (Collins
Avenue) from 25th Street to 26th Street, and SR-AlA (Indian Creek
Drive) from Collins Avenue to 41st Street (SR-112) , the limits
of which are described in the attached Exhibit "A" (the "PROJECT
LIMITS") , which by reference shall become a part of this
AGREEMENT; and
C. The CITY, pursuant to PROJECT FM#439228-2-58-01, has agreed to
design and construct permanent roadway and seawall improvements,
collectively referred to as the "PROJECT, " along the PROJECT
LIMITS, within DEPARTMENT and CITY right-of-way; and
D. The PARTIES agreed to have the CITY undertake administration of
the PROJECT design and construction, to expedite delivery of the
PROJECT in compliance with all design criteria and legal
requirements .
E. The CITY represents and agrees that to the extent the PROJECT
improvements have been developed within private properties, it
has acquired license agreements, easements, or any other
necessary permissions or property rights ("PRIVATE PROPERTY
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 1 of 15
Page 667 of 2002
AGREEMENTS") to design and construct the PROJECT improvements,
in accordance with all applicable Local, State, and Federal laws;
and
F. The PARTIES to this AGREEMENT mutually recognize the need for
entering into an agreement designating and setting forth the
responsibilities of each party with regards to the maintenance
of the PROJECT; and
G. 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, 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. TERM OF AGREEMENT
The effective date of this AGREEMENT is the date on which the
last party executes this AGREEMENT, and this AGREEMENT shall
continue so long as the PROJECT improvements remain in place.
3. ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to certain PROJECT improvements specified below to
belong to the CITY upon the DEPARTMENT' S issuance of final
acceptance of the PROJECT and as more specifically set forth
herein.
4 . MAINTENANCE RESPONSIBILITIES OF THE PARTIES
The CITY and the DEPARTMENT, as applicable, shall maintain
certain PROJECT improvements specified below within the
DEPARTMENT and CITY right-of-way. The maintenance shall be
performed in accordance with all applicable standards set forth
in the PROJECT plans, PROJECT specifications, special provisions,
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 2 of 15
Page 668 of 2002
permit requirements and maintenance manuals provided as part of
the PROJECT.
4 .1 General Requirements:
The CITY' S general maintenance obligations, with respect to
the PROJECT improvements for which the CITY is responsible, shall
include, but shall not be limited to the following:
a. Removing and disposing of litter in accordance with all
applicable government rules, regulations, policies,
procedures, guidelines, and manuals, as amended from time to
time.
b. Maintaining a service log of all maintenance operations that
sets forth the date of the maintenance activity, the location
that was maintained, and the work that was performed.
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, and in accordance with the District Six
Lane Closure Policy, as may be amended from time to time.
d. Regarding the PROJECT improvements located within private
property, the PARTIES shall work together to secure from the
private property owners all necessary property rights
transferred to the DEPARTMENT in order for the DEPARTMENT to
access the private properties and perform the maintenance or
repairs required to be performed by the DEPARTMENT.
4.2 Pump Station System:
a. The CITY agrees to operate and routinely maintain the PUMP
STRUCTURE SYSTEM (as defined below) , including payment of all
associated utility bills .
b. The PUMP STRUCTURE SYSTEM includes the pump station well, the
four pollution control structures and components, all pipes
connecting the pollution control structures, energy
dissipator, sluice gates, weirs, bulkhead walls, rip rap, pump
station control panel, control panel concrete pad, generator,
generator concrete pad, pumps, motors, impellers, and variable
frequency drives (VFDs) (the "PUMP STRUCTURE SYSTEM") .
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 3 of 15
Page 669 of 2002
c. The CITY' S maintenance responsibilities for the PUMP STRUCTURE
SYSTEM along the PROJECT LIMITS, within DEPARTMENT and CITY
right-of-way shall include, but shall not be limited to, the
following:
i . Periodically inspecting and maintaining the PUMP
STRUCTURE SYSTEM and all its associated features
(electrical, mechanical, etc. ) in accordance with the
manufacturer' s minimum care and maintenance requirements,
and in accordance with the PROJECT plans and
specifications, but never less than once per contractual
year.
ii . Adhering to the safety precautions prescribed by the
manufacturer and enumerated in the PROJECT plans and
specifications .
iii . Complying with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to time.
iv. The CITY will keep electronic records of all inspections
and maintenance services performed. Upon request by the
DEPARTMENT, the CITY shall provide the service records
for review.
v. Paying all costs associated with repairs, that may
include replacement of parts, of the PUMP STRUCTURE
SYSTEM, that are not included as part of the repair work
described in the definition of MAJOR REPAIRS (as defined
in the below subsection (d) ) .
d. The DEPARTMENT will be solely responsible for any MAJOR REPAIRS
along the PROJECT LIMITS, within DEPARTMENT and CITY right-
of-way. The CITY must notify the DEPARTMENT as soon as the
need for a MAJOR REPAIR is discovered. MAJOR REPAIRS shall
only include a complete replacement of any major components
of the PUMP STRUCTURE SYSTEM. Major components include pump
station well, four pollution control structures, bulkhead
walls, pump station control panel, generator, energy
dissipator, sluice gates, pumps and variable frequency drives
(VFDs) . When a MAJOR REPAIR is required, the DEPARTMENT at its
own expense, shall complete all necessary MAJOR REPAIRS within
sixty (60) days of the date the deficiency is identified. The
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 4 of 15
Page 670 of 2002
DEPARTMENT, however, shall not be responsible for the
following MAJOR REPAIRS, for which the CITY shall be solely
responsible at the CITY' S own expense :
i . Any MAJOR REPAIRS that are needed as a result of the
CITY' S failure to perform its maintenance
responsibilities pursuant to this AGREEMENT, or
ii . Any MAJOR REPAIRS that are the result of a negligent act
of the CITY in performing its maintenance
responsibilities pursuant to this AGREEMENT.
4 .3 Drainage Features:
a. With the exception of the CITY' S maintenance responsibilities
described in Section 4 .2 of this AGREEMENT, the DEPARTMENT
will maintain all drainage features built inside the
DEPARTMENT' S right-of-way.
b. All PROJECT drainage features built within the CITY' s right-
of-way shall be maintained by the CITY.
c. The CITY shall be responsible for ensuring that all PROJECT
drainage features built on private property are maintained,
which efforts may include enforcing the private property
owner' s maintenance obligations under the PRIVATE PROPERTY
AGREEMENTS.
d. For the purpose of defining maintenance limits, the
DEPARTMENT' S maintenance will end at the cross walk at each
of the CITY' S side streets .
e. The CITY' S maintenance responsibilities pertaining to drainage
features shall include, but shall not be limited to the
following:
i . Maintaining the drainage features operating as originally
designed. Cleaning and desilting the drainage features,
including but not limited to pipes, inlets, manholes,
structures, trench drains, yard drains, of debris and
other materials that can accumulate throughout the life
of the system.
ii . Performing routine and regular inspection of the drainage
features to assure that the systems are fully functional .
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 5 of 15
Page 671 of 2002
iii . Identifying, repairing, and replacing damaged and failing
components .
iv. Maintaining all outfalls .
f. When remedial action is required, the CITY at its own expense,
shall enforce the PRIVATE PARTY AGREEMENTS and/or complete all
necessary repairs within a time frame that minimizes public
exposure to unsafe conditions, not exceeding sixty (60) days
of the date the deficiency is identified.
g. For all drainage features connected to the DEPARTMENT' S
systems, all inspections and maintenance shall follow all
Local, State, and Federal guidelines and laws, and shall comply
with all terms of State permit requirements.
4 .4 SEAWALL AND RIP RAP:
a . The CITY shall inspect and repair all seawalls and rip-rap
outside of the DEPARTMENT'S right-of-way in accordance with
CITY' S standards and specifications.
b. The CITY shall be responsible for ensuring that all seawalls
and rip-rap built on private property are maintained, which
efforts may include enforcing the private property owner' s
maintenance obligations under the PRIVATE PROPERTY AGREEMENTS.
c. The CITY' S maintenance responsibilities for the seawalls and
rip rap shall include, but shall not be limited to, the
following:
i . Periodically inspecting and maintaining the seawalls and
rip-rap in accordance with the PROJECT plans and
specifications, but never less than once every five
years .
ii. Complying with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to time
governing the particular seawall .
iii . Performing visual inspections of both above and
underwater elements to detect deficiencies, including,
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 6 of 15
Page 672 of 2002
but not limited to, spalls, delamination, corrosion, and
scour.
d. When remedial action is required, the CITY at its own expense,
shall commence to enforce the PRIVATE PARTY AGREEMENTS or
complete all necessary repairs within a time frame that
minimizes public exposure to unsafe conditions, not exceeding
sixty (60) days of the date the deficiency is identified.
4.5 Miscellaneous PROJECT Features outside DEPARTMENT right-of-
way:
a. The CITY built features outside of the DEPARTMENT' S right-of-
way including but not limited to guardrail, barrier walls,
sidewalks, curbs, signs, lighting, pedestrian ramps,
driveways, and fences . With respect to these improvements
outside the DEPARTMENT' S right-of-way, the CITY shall be
responsible for ensuring that these features are maintained,
which efforts may include enforcing the private property
owner' s maintenance obligations under the PRIVATE PROPERTY
AGREEMENTS.
b. When remedial action is needed, the CITY, at its own expense,
shall commence to enforce the applicable PRIVATE PARTY
AGREEMENTS or complete all necessary repairs within a time
frame that minimizes the public exposure to unsafe conditions,
not exceeding sixty (60) days of the date the deficiency is
identified.
c. The CITY shall submit all services logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator.
d. The DEPARTMENT may, at its sole discretion, perform periodic
inspections of the improvements to be maintained by the CITY
herein 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 for sending the CITY a notice to cure as set
forth in Section 5 of this AGREEMENT.
4 . 6 Miscellaneous Features inside DEPARTMENT right-of-way:
a. The CITY shall maintain and replace all devices used to
separate the bicyclists from the travel lanes . This includes
the products currently proposed for this PROJECT, and all
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 7 of 15
Page 673 of 2002
future products used. All alternate products need to be
approved by the DEPARTMENT before implementation . New
locations will also need to be approved by the DEPARTMENT
before implementation.
b. The CITY shall be responsible for sweeping the areas between
the devices used to separate the bicyclists from the travel
lanes and the curb, including the curb. This also includes a
distance of 100 feet beyond each location where these devices
are installed when mechanical sweepers cannot be utilized.
c. The CITY shall maintain all features associated with bus-
stops . The DEPARTMENT shall maintain the curb.
d. The CITY shall perform routine and regular inspections of these
features to assure that each are fully functional, including
but not limited to, identifying, repairing, and replacing
damaged and failing components.
e. When remedial action is required, the CITY at its own expense
shall complete all necessary repairs within sixty (60) days
of the date the deficiency is identified.
5. DEFAULT
If either party fails to observe or perform any covenant,
condition, or agreement contained herein, the non-defaulting
party shall provide the defaulting party with a sixty (60)
calendar day written notice to cure. If the defaulting party
fails to cure within the sixty (60) calendar day notice period
(or such longer time period agreed by the PARTIES in writing) ,
then the defaulting party shall be in default of this AGREEMENT
and the non-defaulting party may, at its sole and exclusive
discretion, elect to cure any default and invoice the defaulting
party for the actual expenses incurred.
Notwithstanding the foregoing, the CITY shall not be in default
of this AGREEMENT, as a result of a private property owner' s
failure to maintain the PROJECT improvements located within the
private property; provided that within the sixty (60) day cure
period, the CITY commences its efforts to ensure that the private
property owner performs the required maintenance obligation, and
thereafter continues its efforts with due diligence until such
time as the default has been cured.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 8 of 15
Page 674 of 2002
6. NOTICES
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 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 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: Public Works Director
With a copy to: City of Miami Beach
1700 Convention Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received upon actual
receipt.
7. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE IMPROVEMENTS
a. The PARTIES agree that the improvements located within the
DEPARTMENT' S right-of-way may be removed, relocated, or
adjusted at any time in the future, at the DEPARTMENT' S sole
discretion. In the event that the DEPARTMENT relocates or
adjusts any improvements within the DEPARTMENT'S right-of-way,
which the CITY has specifically agreed to maintain herein, the
CITY' s maintenance responsibilities for those improvements
will survive the relocation or adjustment, as long as the
materials remain within the PROJECT LIMITS.
b. In the event that the DEPARTMENT is required to replace
improvements within its right-of-way at any time as part of
maintenance activities, a roadway project, or related
construction activities, the DEPARTMENT shall replace in kind,
and the CITY' S maintenance obligations under this AGREEMENT
shall survive said replacements as long as the improvements
remain within the PROJECT LIMITS. However, the CITY may, with
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 9 of 15
Page 675 of 2002
the written approval of the DEPARTMENT, make upgrades within
the PROJECT LIMITS at its sole cost and expense with the
understanding that the CITY shall assume all maintenance
obligations for the upgrades, and, if the Parties deem
necessary, enter into a new maintenance agreement for said
upgrades .
c . The PARTIES agree that the improvements located within the
CITY' S right-of-way may be removed, relocated, or adjusted at
any time, in the future, upon coordination between the CITY
and the DEPARTMENT. In the event that the CITY relocates or
adjusts any improvements within the CITY' S right-of-way, which
the DEPARTMENT has specifically agreed to maintain herein, the
DEPARTMENT' S maintenance responsibilities for those
improvements will survive the relocation or adjustment, as
long as the materials remain within the PROJECT LIMITS.
8. TERMINATION
This AGREEMENT may be terminated only if mutually agreed to by
both PARTIES and such termination shall be valid only if made in
writing and executed with the same formalities as this AGREEMENT.
9. MISCELLANEOUS TERMS
a. E-Verify
The CITY shall :
i . 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 shall insert the above 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.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 10 of 15
Page 676 of 2002
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
and the CITY.
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.
g. The section headings contained in this AGREEMENT are for
reference purposes only and shall 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.
i. The DEPARTMENT and the CITY are state agencies, 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 PARTIES' 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
Page 11 of 15
Page 677 of 2002
10 . INSURANCE
a. The PARTIES hereto acknowledge that the PARTIES are
governmental entities subject to the provisions of Section
768 . 28, Florida Statutes . Each party shall maintain a fiscally
sound and prudent risk management program with regard to its
obligations under this Agreement and in accordance with the
provisions of Section 768 .28, Florida Statutes . Each party
shall collect and keep on file documentation of insurance of
any and all contractors procured by it which may participate
in any way in the PROJECT.
b. With regard to work to be done inside the DEPARTMENT'S
property, the CITY shall cause its contractors to add the
DEPARTMENT and the CITY as additional insureds and Certificate
Holders in their general insurance policies during the term
of this AGREEMENT. Such insurance shall include
Products/Completed Operations coverage . Prior to commencement
of any work by the CITY' S contractors, the CITY shall provide
the DEPARTMENT with its contractors' ACORD Certificates of
Liability Insurance and Additional Insured Endorsements naming
the DEPARTMENT and the CITY as additional insureds . The
DEPARTMENT shall be notified in writing within ten (10) days
of any cancellation, notice of cancellation, lapse, renewal,
or proposed change to any policy or coverage described herein .
c. With regard to work to be done inside of the CITY' S property,
the DEPARTMENT shall cause its contractors to add the CITY and
the DEPARTMENT as additional insureds and Certificate Holders
in their general insurance policies during the term of this
AGREEMENT. Such insurance shall include Products/Completed
Operations coverage. Prior to commencement of any work by the
DEPARTMENT' S contractors, the DEPARTMENT shall provide the
CITY with its contractors' ACORD Certificates of Liability
Insurance and Additional Insured Endorsements naming the CITY
and the DEPARTMENT as additional insureds . The CITY shall be
notified in writing within ten (10) days of any cancellation,
notice of cancellation, lapse, renewal, or proposed change to
any policy or coverage described herein.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 12 of 15
Page 678 of 2002
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 District Director of
Transportation Operations
ATTEST: (SEAL) ATTEST:
CITY Clerk Executive Secretary
EGAL REVIEW:
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
BY: BY:
CITY Attorney District Chief Counsel
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 13 of 15
Page 679 of 2002
EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the improvements to be maintained by the CITY
under this AGREEMENT.
State Road Number: AlA
Local Street Names : Collins Avenue and Indian Creek Drive
PROJECT LIMITS: Collins Avenue from 25th St to 26th St, and
Indian Creek Dr. from Collins Ave to 41st St
County: Miami-Dade
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 14 of 15
Page 680 of 2002
EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by the CITY Board of
Commissioners .
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 15 of 15
Page 681 of 2002