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HomeMy WebLinkAboutResolution 2026-34173RESOLUTION NO. 2026-34173 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE INTERGOVERNMENTAL AGENCY AGREEMENT (IAA) BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY, PURSUANT TO SECTIONS 2- 95 AND 2-96.1 OF THE MIAMI-DADE COUNTY CODE, FOR THE INSTALLATION AND MAINTENANCE OF SOLAR -POWERED RECTANGULAR RAPID FLASHING BEACONS AT THE PROPOSED RAISED MID -BLOCK CROSSWALK ON WEST AVENUE BETWEEN 6 STREET AND 8 STREET; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE THE IAA 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 IAA WITH MIAMI-DADE COUNTY. WHEREAS, the City of Miami Beach ("City"), at the request of the Miami -Dade County Department of Transportation and Public Works ('DTPW"), has initiated the process to enter into an Intergovernmental Agency Agreement ("IAA") with Miami -Dade County to install and maintain solar -powered rectangular rapid flashing beacons ("RRFBs") at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street (the 'Project"); and WHEREAS, DTPW does not maintain solar -powered traffic control devices and requires the requesting agency to assume full responsibility for the installation and maintenance of such devices; and WHEREAS, pursuant to the IAA, Miami -Dade County grants authority to the City to install the solar -powered RRFBs at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street; and WHEREAS, approval of this IAA will allow the City to move forward with the installation and maintenance of the solar -powered RRFBs at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street; and WHEREAS, the installation of the RRFBs will enhance pedestrian safety by increasing visibility and alerting drivers to pedestrians crossing the street; and WHEREAS, the City and DTPW have been collaborating on an IAA that will grant authority to the City, pursuant to Sections 2-95 and 2-96.1 of the Miami -Dade County Code, to install and maintain solar -powered RRFBs at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street; and WHEREAS, approval of this IAA will allow the City to continue to move forward with the installation and maintenance of the solar -powered RRFBs at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street; and WHEREAS, funding for the purchase and installation of the solar -powered RRFBs is budgeted in Capital Project No. 62424; and WHEREAS, funding for the maintenance of the solar -powered RRFBs is included in the Transportation and Mobility Department's Fiscal Year 2026 Operating Budget and is anticipated to be included in future Fiscal Years' Operating Budgets. 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, the Intergovernmental Agency Agreement (IAA) between the City of Miami Beach and Miami -Dade County, pursuant to Sections 2-95 and 2-96.1 of the Miami -Dade County Code, for the installation and maintenance of solar -powered rectangular rapid flashing beacons at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street; and authorize the City Manager to negotiate and finalize the IAA 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 IAA with Miami - Dade County. PASSED and ADOPTED this 18th day March, 2026. ATTEST: Steven Meiner, Mayor MAR 3 1 2026 Rafael E. Granado, City Clerk (sponsored by Commissioner Joseph Magazine) wCORP OUTED` h.= APPROVED AS TO FORM & LANGUAGE & FOR CUTION 702(, Cit t ney '%'' Date Resolutions - C7 Q MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: March 18, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM. THE INTERGOVERNMENTAL AGENCY AGREEMENT (IAA) BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY, PURSUANT TO SECTIONS 2-95 AND 2-96.1 OF THE MIAMI-DADE COUNTY CODE, FOR THE INSTALLATION AND MAINTENANCE OF SOLAR -POWERED RECTANGULAR RAPID FLASHING BEACONS AT THE PROPOSED RAISED MID -BLOCK CROSSWALK ON WEST AVENUE BETWEEN 6 STREET AND 8 STREET; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND FINALIZE THE IAA 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 IAA WITH MIAMI-DADE COUNTY. RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission") adopt the Resolution. BACKGROUND/HISTORY The City of Miami Beach ("City"), at the request of the Miami -Dade County Department of Transportation and Public Works (DTPW), has initiated the process to enter into an Intergovernmental Agency Agreement (IAA) with Miami -Dade County to install and maintain solar - powered rectangular rapid flashing beacons (RRFBs) at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street ("Project'). Historically, DTPW does not maintain solar -powered traffic control devices and requires the requesting agency to assume full responsibility for the installation and maintenance of such devices. Pursuant to the IAA, Miami - Dade County grants authority to the City to install the solar -powered RRFBs at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street. At this time, the Administration has completed the final design plans and secured a permit from DTPW for the construction of the Project, and is pending the approval of the IAA from both the City Commission and the Miami -Dade County Board of County Commissioners to proceed with construction of the Project in Fiscal Year 2026. As such, the City and DTPW have been collaborating on an IAA that will grant authority to the City, pursuant to Sections 2-95 and 2-96.1 of the Miami -Dade County Code. to install and maintain the solar -powered RRFBs at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street (Attachment A). ANALYSIS Approval of this IAA will allow the City to move forward with the installation and maintenance of the solar -powered RRFBs at the proposed raised mid -block crosswalk on West Avenue between 541 of 1677 6 Street and 8 Street. The installation of the RRFBs will enhance pedestrian safety by increasing visibility and alerting drivers to pedestrians crossing the street. Should the City Commission adopt this Resolution approving the IAA, in substantial form, the Administration will continue to work with DTPW to obtain approval from the Miami -Dade County Board of County Commissioners for final execution of the IAA and proceed with the construction of the Project. FISCAL IMPACT STATEMENT The Engineer of Record's estimated total cost for the construction of the Project, including the installation of RRFBs, is $256,312.46. Funding is budgeted in Capital Project No. 62424, with a portion of the funding yet to be made available but was approved for appropriation via the 31d capital budget amendment that was brought before the City Commission at the February 25, 2026 Commission Meeting. 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.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION $256,312.46 / 106-9615-069357-30-410-530-00-00-00-62424 CONCLUSION An Intergovernmental Agency Agreement with Miami -Dade County is required for the City to be authorized to install and maintain the solar -powered rectangular rapid flashing beacons at the proposed raised mid -block crosswalk on West Avenue between 6 Street and 8 Street. 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 and City Clerk to execute the agreement. Applicable Area South 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): Department Transportation and Mobility Sponsor(s) 542 of 1677 Commissioner Joseph Magazine Co-sponsors) Condensed Title Approve ILA for RRFB Installation at West Ave Raised Mid -Block Crosswalk. TR Previous Action (For City Clerk Use Only) 543 of 1677 INTERGOVERNMENTAL AGENCY AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF SOLAR RECTANGULAR RAPID FLASHING BEACON (RRFB) ON WEST AVENUE RAISED MID -BLOCK CROSSWALK BETWEEN 6 STREET AND 8 STREET THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO INSTALL AND MAINTAIN SOLAR RECTANGULAR RAPID FLASHING BEACON (RRFB) AT THE RAISED MIDBLOCK CROSSWALK ON WEST AVENUE BETWEEN 6 STREET AND 8 STREET ("Agreement") is made and entered into this _ day of _ 2025, by and between the CITY OF MIAMI BECH (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, the City has requested pursuant to a permit application to use Solar Rectangular Rapid Flashing Beacons ("RRFB"), within the rights of way listed below (the "Improved Area"): Mid -block crosswalk on West Avenue between 6 street and 8 Street, Miami Beach, FL 33141 in connection with Solar RRFB project being developed on the property legally described in the attached Exhibit A; and WHEREAS, the City and the County are mutually desirous of providing assurances for the future continued maintenance, repair, and replacement, when necessary, of the Solar RRFB; and WHEREAS, both the City and the County have approved the Solar RRFB as indicated on the Design plans West Avenue Raised Mid -Block Crosswalk between 6 Street and 8 Street prepared by Calvin Giordano & Associates, dated August 2025 on the Cover Page, issuing date ("County approval Date'), (the "Plans"), a copy of which is attached hereto as Exhibit A; and WHEREAS, the City shall be responsible for the maintenance, repair, replacement, and removal of the Solar RRFB, NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions herein, THE CITY AND THE COUNTY AGREE AS FOLLOWS: Section 1. Recitals Adopted. The recitals set forth above are incorporated herein by reference. Section 2. Installation. The Solar RRFB may be installed in the Improved Area on municipal roads only. For installation on public right of way, the City shall hire a City -approved contractor and the work shall be performed under the supervision of the City's Transportation & Mobility Department. 544 of 1677 Section 3. Standards. All Solar RRFB submitted for review and approval shall be in accordance with this Agreement and conform to the applicable requirements established by the following publications: a. The latest edition of the Florida Department of Transportation's Standard Specifications for Road and Bridge Construction; b. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration (ANSI D6-Ie- 1989), including latest revisions; c. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration; d. Miami -Dade County Public Works Manual (available from the Department of Transportation and Public Works, I I NW Is' Street, Suite 1510, Miami, FL 33128); and e. Florida Highway Guide Sign Program Chapter 14-51. Section 4. Maintenance Responsibility. The City assumes sole and complete responsibility for the maintenance of all Solar RRFB that are installed by the City within the Improved Area within City boundaries. If the City fails to maintain the Solar RRFB, it shall be responsible for any and all costs incurred by the County to replace them, maintain them, or remove them. Section 5. 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 the Solar RRFB, 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 Solar RRFB. Section 6. 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 sovereign immunity, sovereign rights, or limitations of liability as provided by Section 768.28, Florida Statutes, as may be amended from time to time. Section 7. Public Records, The City shall be responsible for keeping records of any and all installations and repairs, and for furnishing pertinent documents as and 545 of 1677 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 8. Failure to Comely with Agreement. Upon written notification by the County, and after granting the City at least a seven (7) calendar day cure period, the City shall immediately remove any Solar RRFB that are not in compliance with the terms of this Agreement at the City's sole cost and expense. Failure to carry out any of the duties and responsibilities assumed herein by the City may result in termination of the Agreement, at the sole discretion of the County upon five days' notice. Section 9. 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 contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. Section 10, 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 11. 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 12. 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 13. Effective Date. This Agreement shall become effective on the date first written above after such Agreement is fully executed by all parties hereto. Section 14. 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 the Solar RRFB 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 Solar RRFB installed by the City; provided the City shall restore the roadway and area in which the Solar RRFB was located to the 546 of 1677 condition that existed before the City's installation. Section 15. 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 16, 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, 111 NW I" Street, Suite 1510, Miami, FL 33128 With a Copy to: Miami -Dade County Attorney's Office 1 I 1 NW V' Street, Suite 2810, Miami, FL 33128 b. For the City: City of Miami Beach Attn: Eric Carpenter, PE City Manager Address: 1700 Convention Center Drive Miami Beach, Florida 33139 With a Copy to: City of Miami Beach Attn: Ricardo Dopico, City Attorney Address: 1700 Convention Center Drive Miami Beach, Florida 33139 With a Copy to: City of Miami Beach, Transportation & Mobility Department Attn: Jose Gonzalez, PE Director Address: 1700 Convention Center Drive Miami Beach, Florida 33139 547 of 1677 [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS] 549 of 1677 IN WITNESS WHEREOF, the City and the County have set their hands the day and year above written. ATTEST: Juan Fernandez-Barquin, Clerk of the Court and Comptroller Attested by: By: Deputy Clerk: Approved as to form and legal sufficiency: Assistant County Attorney ATTEST: City Clerk MIAMI-DADE COUNTY Mayor or Mayor's Designee Jimmy Morales Chief Operations Officer CITY OF MIAMI BEACH City Manager Approved as to form and legal sufficiency City Attorney 551 of 1677