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Resolution 2025-33747 RESOLUTION NO. z025-33747 A RESOLUTION OF THE MAYOR AND CITY COMMISION OF MIAMI BEACH FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INSTALLA710N OF PLASTIC TUBULAR DELINEATORS ALONG NORTHBOUND ALTON ROAD APPROACHING THE WESTBOUND I-195/JULIA TUTTLE CAUSEWAY ON-RAMP; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, State Road ("SR") 907/Alton Road from 5 Street to 63 Street is an arterial roadway under the jurisdiction of the Florida Department of Transportation ("FDOT"). The corridor provides direct access to/from two (2) major causeways - I- 395/SR A1A/MacArthur Causeway and I-195/SR 112/Julia Tuttle Causeway — also under the jurisdiction of the FDOT; and WHEREAS, the Alton Road corridor regularly experiences heavy traffc congestion during weekday afternoon peak hours and major special events in the City. One of the factors that contribute to daily recurring traffic congestion along the corridor is vehicles frequently blocking the left northbound through lane on Alton Road approaching the Julia Tuttle Causeway and trying to merge into the right lane to access the westbound Julia Tuttle Causeway on-ramp at the last minute; and WHEREAS, Police officers regularly monitor Alton Road at this juncture to deter vehicles blocking the northbound lane and maintain the flow of traffic; and WHEREAS, to supplement the current Police enforcement efforts, the Transportation and Mobility Department staff worked with FDOT to secure approval for the installation of white tubular plastic delineators behveen the lwo (2) northbound travel lanes on Alton Road approaching the I-195/Julia Tuttle Causeway to segregate the northbound Alton Road through traffic from the westbound I-195/Julia Tuttle Causeway on-ramp tra�c; and WHEREAS,the Transportation and Mobility Department staff, in coordination with FDOT, has identifed the need for additional signage and pavement marking improvements along northbound Alton Road to help improve traffic flow and safety at this critical juncture in the City; and WHEREAS, FDOT has agreed to the installation of the plastic tubular delineators after the implementation of the proposed additional signage and pavement markings along northbound Alton Road approaching the westbound I-195/Julia Tuttle Causeway on-ramp; and WHEREAS, to implement the proposed improvements, FDOT requires the execution of a Maintenance Memorandum of Agreement ("MMOA"); and WHEREAS, the MMOA grants the City the authorization to install and maintain the white plastic tubular delineators on Alton Road, a roadway operated, maintained and owned by FDOT, provided that the City receives written approval from FDOT via a permit; and WHEREAS, approval of this MMOA will allow the City to proceed with the permitting, installation and maintenance of the white plastic tubular delineators along northbound Alton Road approaching the westbound I-195/Julia Tuttle Causeway on- ramp once FDOT implements the additional signage and pavement marking improvements required; and WHEREAS, the execution of the MMOA does not require an expenditure by the City at this time. Costs associated with the installation of the signage and pavement markings will be funded by FDOT; and WHEREAS, funding for the purchase, installation and maintenance of the white plastic tubular delineators along northbound Alton Road approaching the westbound I- 195/Julia Tuttle Causeway on-ramp is included in the Transportation and Mobility DepartmenYs Fiscal Year 2025 Operating Budget. NOW, THEREFORE, BE IT DULY RESOLVED BYTHE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve, in substantial form, a Maintenance Memorandum of Agreement with the Florida Department of Transportation in connection with the installation of plastic tubular delineators along northbound Alton Road approaching the westbound I-195/Julia Tuttle causeway on-ramp; and further authorizing the City Manager and City Clerk to execute the agreement. PASSED and ADOPTED this 25'" day of June, 2025. ATTEST: r�i p�� l.�C�`+�_ Sfeven Meiner, Mayor �UN 3 � 2025 �—��—,� :psn'-8.�"c'°,, � ` ael . Granado, City Clerk "c` 'S"- �'b/ : � �`. ; REGIS BARBOU : .iecowe OAAE�,' i APPROVEDASTO �'*q . ,Y .�N` FORM &LANGUAGE �.. "'R�H 26;^=' 8�FOR FXECUTION � 11(e��Z,S CityAttomey Date Resolutions -C7 AL MIAMI BEACH COMMISSION MEMORANDUM TO� Honorable Mayor and Members of the City Commission FROM: Enc Carpenter, City Manager DATE: June 25, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITV OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDl1M OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INSTALLATION OF PLASTIC TUBULAR DELINEATORS ALONG NORTHBOUND ALTON ROAD APPROACHING THE WESTBOUND I-195/JULIA TUTTLE CAUSEWAY ON-RAMP; AND FURTHER AUTHORIZING THE CITY MANAGER AND CIN CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION The City Administration ("Administration") rewmmends that the Mayor and Ci[y Commission ("City Commission")adopl the Resolution. BACKGROUNDIHISTORY State Road ("SR") 907IAIton Road From 5 Street to 63 Street is an arterial roadway under the junsdiction of the Flontla Department of Transportation ("FDOT"). The covidor provides direct access to/trom lwo (2) major causeways - I-395ISR A1A/MacArthur Causeway and I-795/SR 172/Julia Tuttle Causeway—also under the jurisdiction o!the FDOT. The Alton Road corridor regulady experiences heavy traffc congestion dunng weekday aftemoon peak hours and major special events in the City. One of the (actors that conMbute [o daily recurring traffic congestion along the corridor is vehicles frequently blocking the left northbound through lane on Alton Road appmaching the Julia Tuttle Causeway and Irying to merge into the right lane to access Ihe westbound Julia Tuttle Causeway on-ramp al the last minule. Police offcers regulady monitor Alton Road at Ihis juncture lo deter vehicles blocking lhe northbound lane and maintain the flow of traffic. To supplement Ihe current Police enforcement eHorts, [he Transportalion and Mobility Department staff worked with FDOT to secure approval!or the installation of whi�e tubular plastic delineators behveen the N✓o (2) northbound Iravel lanes on Alton Road approaching the I- 195/Julia Tuttle Causeway to segregate Ihe northbound Alton Road through tratf¢ from the weslbound I-195/Julia Tuttle Causeway on-ramp traffc(Attachment A). Adtlitionally, the Transportation antl Mobiliry Department staff, in coordination with FDOT, has identifed the need for additional signage and pavemen[marking improvements along northbound Alton Road to help improve traffic Flow and safety at this cnlical juncture in the City. ANALYSIS As a result of City staMs advocacy, FDOT has agreed to the installation of Ihe plastic tubular delineators after the implementation of the proposed additional signage and pavement markings along northbound Alton RoaO approaching the westbound I-195/Julia Tuttle Causeway on-ramp 1049 (Attachment B). However, to implement the proposed improvements, FDOT requires the execution of a Maintenance Memorandum of Agreement("MMOA") (Attachment C). The MMOA grants the City Ihe authonza[ion to install and maintain the white plastic tubular delineators on Alton Road, a roadway operated, maintained antl owned by FDOT, provided that the City receives written approval from FDOT via a permit. Approval of this MMOA will allow the Ciry to proceed with the permitting, installation and maintenance oi Ihe white plastic Wbular delineators along northbound Alton Road approaching the west6ound I-195/Julia Tuttle Causeway on-ramp once FDOT implemen[s [he atltlitional signage and pavement marking improvements required. FISCAL IMPACT STATEMENT Ezecution o!the MMOA does not require an expendiWre by the City al lhis time. Costs associated with the installation ot lhe signage and pavement markings will be funded by FDOT. Funding for the purchase, installation and maintenance of the white plastic tubular delineators along northbound Alton Road approaching the westbound I-195/Julia Tuttle Causeway on-ramp is inGuded in the Transportation and Mobiliry DepanmenCs Fiscal Year 2025 Operating Budget. Does this Ordinance reouire a Business Imoact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: httos:flwww.miamibeachfl.00v/ciri-hall/citytlerklmeetinq-noticesl FINANCIAL INFORMATION N/A CONCLUSION The MMOA with FDOT is required for the City to be authorized to install and maintain the white plaslic tubular delineators along northbound Alton Road approaching the westbound I-195/Julia Tunle Causeway on-ramp. The Atlministretion recommends that ihe City Commission adopt the Resolution approvinq, in substantial form, a MMOA with FDOT; antl further authorizing the City Manager and Ciry Clerk to execute the MMOA. Aoolicable Area Mitldle Beach Is this a"Resitlents Riaht to Know" item. Is this item related to a G.O. Bond pursuant to Citv Code Section 2-77? Proiect7 No No Was this Aaenda Item initiallv reouested bv a lobbvist which as defined in Code Sec. 2�81 includes a orincioal enaaued in lobbvina7 No If so, speci(y the name of lobbyist(s) and principal�s): NIA Deoartment 1050 Transportation and Mobility Soonsor(sl Co-soonsorlsl Contlensed Title MMOA wl FDOT, Install Delineators Along Alton Road Northbound/I-195 On-ramp. TR Previous Action IFor Citv Clerk Use Onlvl 1051 i � � � ' a fl i a F s� � ¢ 4� T � � n LL o �2 O � %I °a � §� � � Z �� N �� ',Vr''—,� �� (y'� , F, L �c a o „ y� ,��, "'"' �� a�'��'*,�t��« � Y 4 ��'a`�.�- � .c w w � �� .;.. ❑ Z ;�a .�. '�"� �'�F�,,��R '�"?t�\, �► } o � , �' S� a� -�F� e%. \ � a � _ �a .�, . � G � ��!.t`�� 11 � Q C� K o � �'e �,'w ,��t�+r�_''ya� J � �.. w.� �� Q � 3w.+_� s�j l, '�j" . 7�` O C'++ � ofS O1 � � i�, .`�.�'V�(}a � .� Q Z a w �'�. �� ` � � � -R'� �;r'`. J F a - ' Q � �� s. �t" �- � � � 2 0 •�:. ,-'�:'� �. O J � � a ¢ � .�+� ; � , -�.. z Q � � � � a g � � w � g � � _ � Y ¢ z � `s a � ., � s � Ya � a � 3 $ � � u 4 � # � �a y � z - = � � a � t 1052 I �' ' � � � � ; j�; q H lyl� ! ! f 4 t ( � f � � �Y { �. t ��`� ,� � {{� , - VLL • , � . .. � - . -, �! „� � � ;� , , _ _ :; - , �� l,, .. �� v.,f:;- _�: g �s` '. /F" � � � �� ,,� � : ��' t, � � � � s,. s . . , s3 - �r �.�� ... � � i, :' ��ID � `, ,` �+ �f ,� ��`. `�`,� � �. ` 7 � ( I/ � -- �+ rr � jt a �'# e ,g �g I6 j , F iy ig a t $ > >I,�:.7f ; �a' j 4, & � , �� .�. �; Ia iv It ki'� {i� j :. »% ��tl �i�t� p � :� s Ey ,. iiiiF�� P t . ��. € li[��3f�j � a` ��' i I��3v° ' ` ` s� ,is� i , t�'ir;��B�; ; . � :.tE15i� tdi��,��p�;�{(i �:3 R � i ��?.i�€(dA� _ F I , _ '•a,e_. -_ I � 1053 ,� � � } �� '� t .,�:��:' , ' i�'i'. i.� � �. i:' e� . � �+ �' y � � '�� •/' :�l i :' � � � �� '�j,,'pvy "�;;Y� �r' � �: � w Yi` ; � � n`� #.i. r,.��' �. �y• { . �. .� ;., �. .�-' l� �r. • . I �� / � � i ` , ,,. VJ � ' ', �� .�i �9 � s .}�, •� � y v � .� � ' � " . ;� .. � �_ `l�� , R T. " { T � f" �: r�rf Y "` #'. • .� r t � . �. � - S�l 6�'., ^, ti� i C. , ��t' � .. ' �''� ... ; j A� �� '�� $ 'j'' I � 'r� r1' a . � �. 3 . .fi � � �� / �, � . . �� 'k . . . � Ory z.� I, �i � r: �� ._ ��• P... b33 ��I 'I . .. `V�� O � y0 1 � . ` g. o � � r11 ��y1 � �.-, � , °.o_ r� � ' �� } � �� 7 `4h � �.... PP�� Y._ ' . � �n� � � 1054 FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY DELINEATORS MAINTENANCE MEMORANDDM OF AGREEMENT WITH TE� CITY OF MIAMI HEACH This AGR6IIgNT, en[ered :r.to or. , 2C - by and betaee:i the ST7�TE OF FLORIDA DEPARTMENT OF TRANSPOATATION, an a9ency of the State of Florida, Fereinaf[er ca'.:ed [he DEPARTMENT, and the CITY OF MIAMI BEACH, a municcpal corpora�ion of the State of Florida, hereinafter cailed [he CSTY, and collectively referred to as Lhe PAATIES. RECITALS: P.. The DEPARTl�NT has jurisd:cccon cver State Road (SR) 907 (Alton Road) within the I-195 Interchange, which is :ocated w_ihir. the limi[s o`_ the CITY; ar.d B. The CITY, pursuant to Permit Number 2025-R-610-00102, has drafted design plans for improvements alor,9 SR-907 (A1ton Road) wi�hin the I-195 Intecchange, the '_imi:s o` w�ich aro described in the attached Exhibit `A' (che PROJECT LIMITS) , w�ich by reference shal: become a part of this AGREEMENT; �ntl .. 'Phe CITY will install roadway de':ineators along SR-907, at the entrance to the I-19S ramp, inside DEPARTMENT iight- of-way (RW) within the PROJECT LIMITS, in accordance with the desiqn plans for Permit Numbes 2025-�(-610-00:02 R'�e "Pro;ect") ; and D. It is [he in[ent of the PARTIES for [his AGREEMENT to supplement all exisLing Naintenance Me:norandum of Aqreemen: and existing PermiLs previously exec�ted between The DEPARI'I�NT and the CITY; ar.d E. The PARTIES to th 'cs AGREE[gNT mutually recognize Lhe need for ente^ng into an aqreement desiqnating and settinq forth the CITY' a responsi.bilities with regards to the :nair.tenance of the roadway del'_neators installed as par[ of Lhe Pcrni [s ([he "II�ROVEMENTS") wi.thin the PROJECT LIMITS; ard Neimrn,.ncc NcmmanJum uf AyTa'mrn�M1crvcrn FlnnTu pTnrlmcnl a(T2n5puMnon uM Ciry nf Miami IMscM1(IJelirca�nrtl Pagc 1 of I 1 1055 F. The CITY, by Resolution No. , dated attached hereto as Exhibic `S' , which by reference shall become a par= of this AGREII�I7T, desires to enter ir.to this AGREEl�L7T and authoriees its officers to do so. NOW, TF�REFORE, _or and in consideration of the mutual benefits co�Lained .^.erein and cCher 9ood and valuable consideration, the PARTIES rovenan[ and agree as follows : . 1. RECITALS The recita:s in chis AGREEMENT are tr'�e and correct, and are incorpora�ed hecein by reLececce and :nade a part hereof . 2 . DEPARTMENT R&SPONSIBILITIES The PARTIES agree �nat the executior c` Chis AGREEMENT sha11 co-�.st:tu[e an assfgnment of al'. mainte�ance resoocsibilities per[a:cicg te =he IMPROVEMENTS withic �h.e PROJECT LIMITS to Lhe CITY uoon the DEPARTNENT' s acceclance o`_ lhe CITY' s c: Perm_ttee' s work. 3. CITY'S MAINTENANCE RESPONSIBILITIES So lona as che IMPROVF.[�NTS remain in p_ace, �he CITY shall. be respons:ble Eor �he racntenance o`. t�.e sane. I'he CITY sha1�. maintain cne II�ROVEI�NTS i❑ accordacce with all apolicab�e DEPAATMENT g��idelines, standards, ar.d procedures, which shall inci•,:de but shall not be limited to the Ma:ntecar.ce Rating Progra:n Handbook, as may be amended from time �c time . T�e CZTY s�ail further maintain the ILlPROVEMENTS in accordance with the standards set forth in [he Pcojec;. Plans, and in the Project Specifica^_ions and Special Provisions. TF.e CITY' s maintenance obliqa'io^s shall '_ncl��de �ut not be L mited to: 3. 1 General Requirements: a . ReT.oving ano disnosirg o`_ 1L-[er from PAOJBCT LIMITS in accordance wit� al1 aop:icable govern:nent rules, regulations, oolicies, procedures, guidelines, and manuals, as amended from time to time. b. Removing and disposinq of all trimminqs, roots, branches, litter, repairs, and any other debris Nvmcnancc Mttmrandum u1.9grrcm.n�M1ctwcrn Flonaa Ih�ranmmt nf T2n>WrW�ion ar-0 firy o(Miami BcecA I�liceemnl Pagc 2 of I I 1056 resulting Erom tF.e activities described in this agreement . c. Submitiing Lane Closure Reques�s [c the DEPAATMENT wher. mair.tenance activities will require [he closure of a �ra`fic lane in the DEPARTMENT's right-of-way. �ane closure requesCs sha:l be scbmit�ed thm�gc the District Six Lane C-osure Informatio❑ System, m the DEpARTMENT' a area Permit Manager and in accordance w;Lh the Cistrict Six Lane Closuce Policy, as may be amerded froT tiae co ti.me . 3.2 Aoadxay Delineators a. The CITY shall mair.cair anc replaw a:'. del ! neators used to separate the travel lar�.es . This includes tie producs cuirently proposed for this PROJECT, antl a11 fu[cre prodacts used. All alternate products not included i❑ the Permit plans mentioned above need to be approved by !hc DEPART[�NT before implementation. New locaTions wi.11 also need te be approved by the OEPAATMENT before imolemen[a:icn. b. The CITY shai.l be responsible for sweeping the areas adjacent to the delineators, which included the area between the delineators, the trave: lanes, and other areas where debris associated with the delineators may acc�mulate. This also includes a distance of 10� feet beyor.d the firsC and last delineator, when mechanical sweepers cannoL be utilized. c. The CZTY is responsible for the repairs of the asphalt surfaces, oavemert markings, and reflective markers, removed or damaged by the delineators . d. The CITY shall oerform routine and regular inspectio�s of the roadway feat�res previously mentioned to assure that each are fu_ly functional, including but not limited to, ident:fyicg, repairing, anti replacing tlamaged and failinq components. e. when remedial action is required, the CITY at its own expense shall comple[e all necessary reoairs within sixty (60) days of the date the deficiency is identified. Meimrnanm Memarzndum of Agmemen�Miwcen Glnnda 40artmrnt af Tnnryurwiion end Ciry af Miam�PmcM1�Ilolir�ors) Page 3 of I I 1057 Maintaining a service log of a11 mainter.ar.ce opera:ions that sets forth the date of the mair.tenance activity, the location that was maintained, and the woik that was performed. The DEPARTMENT may, at its sole discretior., perfor¢ periodic inspection of che IMPROVEMENTS to e�sure tha[ [he CITY is pertocmin9 its duties purs.:ar.t to this AGREEMENT. The D2partmenL s-7a11 share with Che CITY its inspection `_ indi �gs, and may use those ficd_ngs as the basis of its decisions regarding rt�.ainte�ance def:ciencies, as set forth i❑ Section 9 of this AGREEMENT. mhe CITY is respons'_ble for obtaining cooies ot all applicable rules, regulations, policies, procedures, gu'_dellnes, and man�,:a:s, and :.^.e Projec[ Specification and Special Provisions, as nay be a�ended from ti:ne �o time. 4 . MAINTENANCE DEFICIENCIES If at a�y Lime it shail coree to the a[�ention of C�e DEPARTMENT that �he CITY's respcnsibiliLies as established herein are not bei�q properly accomplished pursuant to t�e ter¢s of this AGREEMENT, t?�e DEPARI2�NT nay, at its option, issue a written nc['_ce, in cace o` Lhe CITY MANAGER, to notify the CITY of the mairtenance deficiencies . From the date of receipt of the notice, the CZTY shall have a period of Ghirty (30) calendar days, withir. which tu correct the cited deficiency or deficiencies . Receipt is determir.ed in accordance with Section 5 of th:s AGAEEMENT. If said defic�iencies as�e no�_ correcLed within this Cime periotl, the DBPARTMENT may, at its optio�, proceed as follows : a. Maintain [he IMPROVF.MENTS, or a pazt thereof, and invoire the CITY for expenses in�urred; or b. Terminate Lhis AGREEMENT '_n accordance wi[h Section 7, re¢ove any or al_ IMPROVEMENTS : ocated wi�hin [�e PROJECT LIMZTS, ar.d charge the CITY the reasonable cost of such removal . 5. NOTICES nll net�ces, requests, demar.ds, consents, appcovals, and oTher communication which aze required to be served or given hereur:der, sha11 be in wr_t�:ng and shall be sent by certified Maintrnanu Ncmonndum nY Agrtcmcntln�wccn Flonda Ihpxnmcm ofTanspnnsiinn and Ciry nf Miemi�icazM1 pblincazonl Page 4�f I 1 1058 0. 5, mai1, retcrn receipt requesced, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transnortation 1000 Northwest 11: Avence, Room 6205 Niami, Florida 33�72-5800 Attn: DistricL Maintenance Engineez To the CITY: City of M�_ami Beach 1700 Convention Drive Miami Beach, Florida 33.39 Attention: City Manager Notices sha11 be deemed to have beer received by tce end of °ive (�) bus�:ness days from tFe proper sectiinq t:^ereo: ��nless proc' of arior act�ai receipt is provi¢ed. 6. AEMOVAL, RELOCATION OR ADJUSTMENT OF THE Il�AOVEMENTS a. Ttc PAATIES aqrce tiat �he IMPROVEMENTS addressed by ttis AGREEMENT �ay be renoved, -etocated or adjusced at ary �irte i� Lhe future, at the DEPARTMENT' e sole discret-on. T�e D6PARTMENT shall noLify the CZTY as soon as oracticable of any such removal, relocation o- adj�st¢ent o.` Lhe I[�AOVP[�NTS. ,hcs notifioation is not scbject �o the necice prev:s_o�s of Paragraoh S of :his AGREEMENT. In the evert that the DEPAATMENT relocates or adjusLs �he IMPROVEMENTS, the CITY' s maintenance resoonsibilities will survive Lhe relocat_on or ad 'ustrt�.ent, as long as [he ma�_eria_s iem.ai� wLChin the 2eojec� LimSc,s . 7. TEAMINATION �h:s AGREE[�[iT _s sub�ect to terminaticn unde- any one of [he foilowiny condicions : a. By :he DEPAATA�NT, if Che CITY fails co per`orrt. its duties under Section 3 of this AGREEt�NT, tollowing the ttirty (30) days wrlttcr. notice, as specified 1n Section 9 of this AGREEMENT. b. In accordacce wi_� Seccien 287 .058 (1) �cl , Florida Statutes, t.he DEPART[�NT sha:1 reserve the righ-, to ur.ila[erally cancel th:s AGREEMENT if the CITY re°uses MainLLnenceNemomnJumnfAgrc[ rn�bmworn4lundelhpe�menla�TnRa(xntenoneMClrynfMlamiNLCM1p1NiMslursl Page 5 of I 1 1059 to allow public access to any or all doccments, papers, le[ters, or other materials made or received by the CITY pertinent Co this I�GREE[�NT which. are subject to provisions of Chapter 119, of the Florida Scatutes. c. If mutually agieed to by bc[h parties, unor. thcity (30) days advancc notice. An agreenent to terminate shall be valid ocly if ¢ade in writing and exeCUTed with [he same forTaii�ies as this AGREEMENT. 8 . TERMS a. 'Che ef'ec[ ive date of this AGREEMENT sha11 com�erce upon execution oy the PARTIES anc s'.^.a:� contin�e so :o.^.q as the I[�ROVEMENTS remain in place ur.tcl ternir.ation as se� forth in Section 7 . b. This wriCi^g embodies the en[ire AGREEMENT and undecstanding between [he PARTIES CereLo and there are no other agreements and understand:ng, ora] or written, with reference to .he subject matter hereof t�at are not merged herein and superseded hereby. c. This AGREEMENT sha11 not be Cransferred or assigned, in whole or in par[, w_thout the prior written consent of thc DEPARTMENT. d. This AGREEMENT shaP_ be govem.ed by and constrccted in accordance wi�h the laws of [he SLaLe of Florida. Any provisions of this AGREE[�+NT found to be unlawf-�l or uner,forceable shall be severable and sha11 not a`fect the validity oi Lhc rc:nainin9 portions of Lhe AGREEMENT. e. Venue for any and al '. actions arising out of or in connection to the interprelation, validity, oerformance or breacF. of this AGREEME�iT shall lie exclusively in a state court of proper jurisdiction in Miamc-Datle County, elorida. f. A modification or waiver of any of the provis'_ors o` this AGREEFffiNT sha11 be e`fective only if matle iz writi.ng ar.d executed witi the sams forna_ity as thcs AGREEMENT. Main�cnenmNcmo�en0umolAgrtcm[nlM1c�wttnFlonEplJcpan cnlu(T2mpu�alwneMCiryafNixm�BrntFI�MIInmioN • Pagc fi o(II 1060 _ . The sec=ion headings con�ai�ed in this AGREEMENT are _'or reference purposes o^ly acd shall not affect �he meaning or interpretation nereof. j . No cerm or prevision of this AGREII�NT shall be icterorecetl `or or against either Parcy because the ParLy or its 1ega1 representative drafted the provision. k. The DEPARTMENT is a state agency, self-icsured and subject _o tiie provisions of Sectlon 766 .28, Florida Statutes, as may be amended from time to time. Nothi �g in this AGREEl�NT shall be deemed or otherwise intecore[ed as waivinq the OEPARTMENT's sovereign immunity protcctions, or as increasing the limits o` liability as set forth i� Sect:or. 768 .28, Florida Statutes . 1 . The CITY i.s a muoicipal corporat�:on, self-insured and scbject to �he provisions of Sec�ion 768 . 28, Floiida Statutes, as may bc amended from tiTe to time. Nothing in this AGREEMENT sha'_1 be deemed or otherwise ir.terpre:ed as waiving the CITY' s sovezeign immunity pretections, c_ as increasicg Lhe limits of liabiliLy as set forth in Section 768 . 28, Florida Statutes. 9. INDE4PIIFICATION Subject �o Section 768 . 28, Florida Statutes, as may be ame�ded fron time [o time, the CITY sha11: (a) oromntly indemnify, defend, save and ^o_d harmless the DEPAATMENT, its officers, agents, representatives and employees Iron any and all losses, expenses, fines, .`ecs, taxes, assessments, penalties, reasonable costs, damaqes, judgments, claims, qemands, liabilit-�es, ieasonable attorneys fees, (including requlatory and apoe:late fees) , and suits of any nature or kind wha[soever caused by, arisir.g oot of, or rela[ed to the CITY' s neqliqent exercise or a` its responsibilities as set out in this AGREP.[R:NT, including but noc limited [o, any negligent act, neqliqe�t actior., negligence or omissicn by the CITY, its of`_icers, agents, emoloyees or representaCives in the performance o: this AGREEMENT, whether direct or indirect, except tiat neither the CITY nor any of its officers, agents, employees or represer.tat'_ves will be liable under this NainLLnan¢Ncmomndum aMgrcemcntbnxcen Flondelkpen n�Tranapnr�alion eM CiryofMmmlHcacM1l�clir¢nlorsl Pagc 7 of 1 I 7061 provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPAATMENT; and (b) pay all reasonable costs and Pees rclated to this obligac�=or, and its en.'orcement by the DEPART[MNT. 'Phe CITY' s o6ligation [o indemnify, defend ar.d pay for the defense of cne DEPARTMENT, or at the DEPARTMENT' s option, to participate a�d associate with the DEPARTMENT in tre defense ar.d trial o- any claim and any related settlement negotiations, s:�a'. l be Crigqered i?.a.ediacely apcn the CITY's :eceip: of ihe DEPARTl�NT's noc:ce o` c:aim `or indemnification. The notice of c:aim for indemnification sha11 be deemed reccived if the DEPARTMENT sends the notice i�. accordance with the formal notice mai!irq requirements se� for[h in Section 5 of tt:is AGREE�II.+NT. The D6PARTMENT' s `ailure co notify the CITY of a claim sha11 r:ot re:case Lhe CITY c` the above daty to defend anc indemni_y the DEPAATMENT. The CITY's eval��ation c`. liability or its inability to eva�_uace liabi:ity sha:- not excuse the CITY's duty to defer.d ar.d indemci '_y =he D6PAATI�7T u�ider the provisions of th�is sectio^ . On; y an adj��dicat:o� or judgne�t, after the hig'�est appeal is exhacsted, specifically finding the DEPARTMENT was neg:icer�� shall excuse perfcrmance of this provision by the CITY. T'ce incem-:ification orovisior.s of this sectio� shall s��rvive te�n'_caLion or expiration of this AGR2EMENT, but only with resoect [o ��hose claims that arose from acts or circums[ances wcich occcrred prior to terminatior. or expiration of this AGREEMENT. Mnin¢narcc Ncmorendum n(Agrecmcnl bvlxcen Flanda Ih7mnmcnt of Tnnspnnetinn an0 CiN n(Minmi NcacF IOclincawrsl Page 8 uf I I 1062 IN WITNESS WHEREOF, thc PARTIES rereto havc caused these presenCs to be exec�ted th.e day and year `irst above written. CITY OF MIAMI BEACH: STATE OF FLORIDA DEPART[�NT OF TRANSPORTATION: BY: HY: City Manager or Mayor Distr�-ct Director of Transporta[ion OoeraCions ATTEST: (SEAL) ATTEST: City .:lerk Executive Secretary LEGAL REVIEW: BY: BY: City Attorney �� stzict Chicf Counsel Nninicnanu Ncm�mendum nf Agrttmcn�M1crv:crn FlonJa Ikpanmm�olTrenspnr�euon uixl(iry olMieml FcacM1��clircaw¢) Pa6e 9 of I I 1063 EXHIBIT 'A' PROJECT LIMITS B2�ow are the :-m:ts o'_ the IMPROVEMENT3 to be rta_nTained under this AGAEEMENT. � State Road Number: 907 Agreement Limits: fiithin the I-195 Interchange County: Miami-Dade Nw�m��„a�a.m„a�a��m�rns�am�m n��.��vi„nen n�panm�m.,rrron m,mr�,m n�rny„r�a.�m�x��.m Uxti��m��m Pagc 10 0(I I �064 EXHIBIT 'B ' CITY OF MIAMI HEACH RESOLUTION To be herein incorporated once adopted by the CITY Boazd of � � Commiss�:oners . � � � � � � Mvnirnunce Nemorendum nf 1g�ament M1eix�ttn FlonJa fkpanmrni af TnvM�naunn aN Ci�y uf Miami PeecM1 I�li�uinnl Page I I of I I 1065