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HomeMy WebLinkAboutResolution 2026-34135RESOLUTION NO. 2026-34135 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN CONNECTION WITH THE CITY'S INSTALLATION OF PLASTIC TUBULAR DELINEATORS ALONG STATE ROAD A1A/COLLINS AVENUE BICYCLE LANE BETWEEN 26 STREET AND 43 STREET, AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, State Road (SR) A1A/Collins Avenue is a major north -south thoroughfare in the City of Miami Beach ("City") under the jurisdiction of the Florida Department of Transportation ("FDOT") and extending approximately seven (7) miles from South Pointe Drive on the south to the northern City limit at 87 Terrace; and WHEREAS, in 2025, FDOT completed the installation of a northbound bicycle lane along the east side of Collins Avenue from 26 Street to 43 Street; and WHEREAS, the bicycle lane is not currently protected from vehicles by any separation devices; and WHEREAS, vehicles illegally park and obstruct the bicycle lane, thereby impeding safe mobility for bicyclists and micro -mobility users and creating an enforcement challenge for Parking Enforcement and Police officers; and WHEREAS, to deter illegal parking on the bicycle lane and to enhance the safety of bicyclists and micro -mobility users, the Transportation and Mobility Department worked with FDOT to secure approval for the City's installation of white plastic tubular delineators along the Collins Avenue bicycle lane between 26 Street and 43 Street; and WHEREAS, to implement the proposed safety improvements, FDOT requires the execution of a Maintenance Memorandum of Agreement ("MMOA"); and WHEREAS, approval of this MMOA will authorize the City to proceed with the installation and maintenance of the white plastic tubular delineators on Collins Avenue to protect the northbound bicycle lane between 26 Street and 43 Street; and WHEREAS, funding for the purchase, installation, and maintenance of the bicycle lane delineators is included in the Transportation and Mobility Department's Fiscal Year 2026 Operating Budget. 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 herby approve, in substantial form, a Maintenance Memorandum of Agreement with the Florida Department of Transportation in connection with the City's installation of plastic tubular delineators along State Road A1A/Collins Avenue bicycle lane between 26 Street and 43 Street; and further, authorize the City Manager and City Clerk to execute the Agreement. PASSED and ADOPTED this X day ATTEST: 7\4 MAR 0 3 2026 Rafael E. Granado, City Clerk Sponsored by Commissioner Alex J. Fernandez Co -Sponsored by Commissioner Tanya K Bhatt F-e6 ru4ry , 2026. i Meiner, Mayor APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date Resolutions - C7 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: February 25, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN CONNECTION WITH THE CITY'S INSTALLATION OF PLASTIC TUBULAR DELINEATORS ALONG THE STATE ROAD A1A/COLLINS AVENUE BICYCLE LANE BETWEEN 26 STREET AND 43 STREET, AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission") adopt the Resolution. BACKGROUND/HISTORY State Road (SR) A1A/Collins Avenue is a major north -south thoroughfare in the City of Miami Beach ("City"). The road is under the jurisdiction of the Florida Department of Transportation (FDOT) and extends approximately seven (7) miles from South Pointe Drive on the south to the northern City limit at 87 Terrace. In 2025, the FDOT completed the installation of a northbound bicycle lane along the east side of Collins Avenue from 26 Street to 43 Street. The bicycle lane is not currently protected from vehicles by any separation devices. As a result, vehicles illegally park and obstruct the bicycle lane, thereby impeding safe mobility for bicyclists and micro -mobility users and creating an enforcement challenge for Parking Enforcement and Police officers. To deter illegal parking on the bicycle lane and enhance the safety of bicyclists and micro -mobility users, the Transportation and Mobility Department worked with FDOT to secure approval for the installation of white plastic tubular delineators along the Collins Avenue bicycle lane between 26 Street and 43 Street. ANALYSIS Based on staffs collaboration, FDOT has agreed to the installation of the white plastic tubular delineators along the Collins Avenue bicycle lane between 26 Street and 43 Street. However, FDOT requires the execution of a Maintenance Memorandum of Agreement (MMOA) (Attachment A). The MMOA grants the City the authorization to install and maintain the white plastic tubular delineators along the Collins Avenue bicycle lane between 26 Street and 43 Street. City Commission approval of this MMOA will allow the Administration to proceed with the installation and maintenance of the white plastic tubular delineators on Collins Avenue to protect the northbound bicycle lane between 26 Street and 43 Street. 490 of 1589 FISCAL IMPACT STATEMENT The estimated cost to purchase and install the white plastic tubular delineators along the northbound Collins Avenue bicycle lane from 26 Street to 43 Street is approximately $5,000 Funding for the purchase, installation, and maintenance is currently available in the Transportation and Mobility Department's Fiscal Year 2026 Operating Budget Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachf1.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION $5,000/ 106-9615-000349-30403-529-00-00-00- CONCLUSION A MMOA with the FDOT is required for the City to be authorized to install and maintain the white plastic tubular delineators to protect the northbound bicycle lane on Collins Avenue between 26 Street and 43 Street. The Administration recommends that the City Commission adopt the Resolution approving, in substantial form, a MMOA with the FDOT. and further authorizing the City Manager and City Clerk to execute the MMOA. Applicable Area Middle Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Project? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): N/A Department Transportation and Mobility Sponsor(s) Co-sponsors) 491 of 1589 Condensed Title Approve MMOA W/ FDOT, Install Delineators for Bike Lane Collins Ave/26 to 43 Street. TR Previous Action (For City Clerk Use Only) 492 of 1589 FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY DELINEATORS AND SWEEPING 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. vrrTTAT.0 A. The DEPARTMENT has jurisdiction over State Road (SR) AlA (Collins Avenue) between 261 Street and 43rd Street, which is located within the limits of the CITY; and B.The CITY, pursuant to Permit Number 2025-K-610-00307, has drafted design plans for improvements along SR-AlA (Collins Avenue) between 26", Street and 43111 Street, 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 will install roadway delineators along SR-AlA, inside DEPARTMENT right-of-way (RW), within the PROJECT LIMITS, in accordance with the design plans for Permit Number 2025-K-610-00307 (the "Project"); and D.It is the intent of the PARTIES for this AGREEMENT to supplement all existing Maintenance Memorandum of Agreement and existing Permits previously executed between the DEPARTMENT and the CITY; and E.The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the CITY's responsibilities with regards to the maintenance of the roadway sweeping and delineators installed as part of the Permits (the "IMPROVEMENTS") within the PROJECT LIMITS; and Maintenance Memurandum of Agreement bemeen Honda Department of I ransportation and ON of %hams Brach (Delineators) Page 1 of I 1 493 of 1589 F.The CITY, by Resolution No. , dated attached hereto as Exhibit `B', which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2.DEPARTMENT RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the IMPROVEMENTS within the PROJECT LIMITS to the. CITY upon the DEPARTMENT' s acceptance of the CITY' s or Permittee's work. 3.CITY'S MAINTENANCE RESPONSIBILITIES So long as the IMPROVEMENTS remain in place, the CITY shall be responsible for the maintenance of the same. The CITY shall maintain the IMPROVEMENTS in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. The CITY shall further maintain the IMPROVIIMENTS in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions. The CITY's maintenance obligations shall include but not be limited to: 3.1 General Requirements: a.Removing and disposing of litter from PROJECT LIMITS in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b. Removing and disposing of all trimmings, roots, branches, litter, repairs, and any other debris %lamtenanee Memorandum of %grecwnt betmeen 11onda Ihpartment of I ranVortation and City of Vltatru Reach I I dineatorm) Page 3off i 494 of 1589 resulting from the activities described in this Agreement. c.Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT's right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. 3.2 Roadway Delineators and Sweeping a. The CITY shall maintain and replace all delineators used to separate the travel lanes. This includes the products currently proposed for this PROJECT, and all future products used. All alternate products not included in the Permit plans mentioned above 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 adjacent to the delineators, which included the area between the delineators, the travel lanes, and other areas where debris associated with the delineators may accumulate. This also includes a distance of 100 feet beyond the first and last delineator, when mechanical sweepers cannot be utilized. c.The CITY is responsible for the repairs of the asphalt surfaces, pavement markings, and reflective markers, removed or damaged by the delineators. d.The CITY shall perform routine and regular inspections of the roadway features previously mentioned 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. Maintenance Menwwandwn of Agreement bemeen Flonda Department of Transportation mid City of Miami Beach (Delmeators) Page ? ol' I I 495 of 1589 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. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the IMPROVEMENTS to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. 4. MAINTENANCE DEFICIENCIES If at any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies. From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: a. Maintain the IMPROVEMENTS, or a part thereof, and invoice the CITY for expenses incurred; or b. Terminate this AGREEMENT in a-7-ordance with Section 7, remove any or all IMPROVEMENTS located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal. 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified %laintcname Ntemorandum of :kgreenwnt lxtx%cen Honda Depanment of Tran_.pomation and City of Mtam, Beach (Witreatorn) Page 4 of I I 496 of 1589 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: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS a. The PARTIES agree that the IMPROVEMENTS addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT's sole discretion. The DEPARTMENT shall notify the CITY as soon as practicable of any such removal, relocation or adjustment of the IMPROVEMENTS. This notification is not subject to the notice provisions of Paragraph 5 of this AGREEMENT. In the event that the DEPARTMENT relocates or adjusts the IMPROVEMENTS, the CITY's maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the Project Limits. 7.TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b. In accordance with Section 287.058(1)(c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses Maintenance Nietmaandtan of Agreement bemeen F7onda Department of l ransportauon and Ctt) of Mtamt Mach (Ddineaton) Page 5ofII 497 of 1589 to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. C. If mutually agreed to by both parties, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES and shall continue so long as the IMPROVEMENTS remain in place until termination as set forth in Section 7. b. This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. C. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. d. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not. affect the validity of the remaining portions of the AGREEMENT. e. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Miami -Dade County, Florida. f. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. WamR-nance Nenxmurdum of Agreement behueen Flonda Department of Transportation and City of .kIwmi Beach llkhnealiml Page 6 of 1 1 498 of 1589 i . The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. j. 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. k. The DEPARTMENT is a state agency, self -insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 1. The CITY is a municipal corporation, self -insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the CITY's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, .as may be amended from time to time, the CITY shall: (a) promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, reasonable costs, damages, judgments, claims, demands, liabilities, reasonable attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's negligent exercise or of its responsibilities as set out in this AGREEMENT, including but not limited to, any negligent act, negligent action, negligence or omission by the CITY, its officers, agents, employees or representatives in the performance of this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this Mamtenance Memorandum of Agreement between Flonda Ihpartment of 1 ransportation and City of Miami Beach (Delmeaton) Page 7 t4 I I 499 of 1589 provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPARTMENT; and (b) pay all reasonable costs and fees related to this obligation and its enforcement by the DEPARTMENT. 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 -)f the above duty to defend and indemnify the DEPARTMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the hiqhest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall excuse performance of this provision by the CITY. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. `Iam0.ename Memorandum of .granywnt het "rn Honda Ikpaztment of I ransportahOrr and CaN of %Itarm fieach (Ikhrnators) Page 8off I 500 of 1589 IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: BY: City Manager or Mayor ATTEST: (SEAL) City Clerk BY: City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: District Director of Transportation Operations ATTEST: Executive Secretary LEGAL REVIEW: BY: District Chief Counsel Maintenance Men andtun of Agreement between Florida Department of Transportation and City of Miami Beach (Delineators) Page 9 of 11 501 of 1589 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the IMPROVEMENTS to be maintained under this AGREEMENT. State Road Number: AIA Agreement Limits: From 26th Street and 43rd Street County: Miami -Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach (Delineators) Page 10 of 11 502 of 1589 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once adopted by the CITY Board of Commissioners. Maintenance Memorandum of Agreement between Florida Department of "Fran+portation and City of Miami Beach (Delineators) Page I I of I 1 503 of 1589