HomeMy WebLinkAboutExhibit BINTERLOCAL AGREEMENT
BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY REGARDING
VEHICULAR TRAFFIC IN THE SILVER BLUFF AREA NEIGHBORHOOD WITHIN
THE CITY OF MIAMI TO RESOLVE A CONFLICT PURSUANT TO CHAPTER 164,
FLORIDA STATUTES (THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION
ACT)
This Interlocal Agreement ("Agreement") is entered into this day of
, 2025, by and between the City of Miami, a municipal corporation located
within the geographical boundaries of Miami -Dade County ("City") and Miami -Dade County, a
political subdivision of the State of Florida ("County"), (collectively, "Parties") pursuant to the
Interlocal Cooperation Act of 1969, Chapter 163, Section 163.01, Florida Statues, and the Florida
Governmental Conflict Resolution Act Florida, Chapter 164, Florida Statutes.
WHEREAS, it is the City's position that the Silver Bluff area neighborhood has
experienced increased cut -through traffic, particularly near Southwest 17th Avenue in the areas
closest to both South Dixie Highway ("US-1") and Coral Way (Southwest 22nd Street); and
WHEREAS, it is also the City's position that this cut -through traffic causes noise,
gridlock, and increased accidents negatively affecting life and property in addition to general
reduction in safety and quality of life for the residents of the area; and
WHEREAS, in July 2019 the City Commission approved Resolution R-19-0283
authorizing the permanent restriction of vehicular access at Southwest 14 Avenue, Southwest 16
Avenue and Southwest 16 Court south of Southwest 22 Street, and at Southwest 23 Street east of
Southwest 17 Avenue; and
WHEREAS, on July 30, 2019, the Miami -Dade County Department of Transportation
and Public Works denied the City's request for the permanent restriction of vehicular access
approved by R-19-0283; and
WHEREAS, in January 2021, the City Commission directed the City Manager to place
barriers to restrict cut -through vehicular traffic at Southwest 14 Avenue, Southwest 16 Avenue,
and Southwest 16 Court south of Southwest 22 Street, and at Southwest 23 Street east of
Southwest 17 Avenue; and
WHEREAS, after the placement of the barriers in March 2021, Miami -Dade County filed
suit in Miami -Dade County v. City of Miami, Case No. 2021-5408-CA-01, and sought injunctive
relief to lift the temporary barriers; and
WHEREAS, after a hearing held on June 2, 2023, the Court ruled in favor of the County
and enjoined the City from preventing the removal of the barriers in the Silver Bluff area ; and
WHEREAS, on June 8, 2023, the City Commission adopted Resolution No. R-23-0260,
initiating the conflict resolution procedures of Chapter 164, Florida Statutes, (the Florida
Governmental Conflict Resolution Act) to resolve such conflict between the City of Miami
("City") and Miami -Dade County ("County") regarding the protection of the public health,
welfare, and safety of City residents by restricting cut -through vehicular traffic in the area of
Southwest 13th Avenue, Southwest 14th Avenue, Southwest 16th Avenue, Southwest 16th Court,
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and Southwest 3rd Avenue east of Southwest 17th Avenue and south of Southwest 22nd Street
("Silver Bluff Area"), as depicted in the attached and incorporated Exhibit "A"; and
WHEREAS, the City and County held a conflict assessment meeting pursuant to Chapter
164, Florida Statutes (the Florida Governmental Conflict Resolution Act); and
WHEREAS, additional meetings were held to resolve the conflict; and
WHEREAS, members of the public, particularly affected residents in the area, also
participated in meetings between the City and County to resolve the conflict; and
WHEREAS, a traffic calming study was performed to evaluate the area of concern, as
agreed to by the City and County; and
WHEREAS the Miami -Dade County Department of Transportation and Public Works, as
part of the coordination for the traffic calming study, specifically denied the request to evaluate
the traffic calming effect of permanent restrictions to vehicular access at Southwest 14 Avenue,
Southwest 16 Avenue and Southwest 16 Court south of Southwest 22 Street, and at Southwest 23
Street east of Southwest 17 Avenue and directed the City and its consultant to evaluate traffic
calming treatments and evaluate their effectiveness a period of time after construction; and
WHEREAS, the City and County had several communications regarding traffic calming
measures for the area, and the County approved on September 2024 certain measures of the
study's traffic calming recommendations, which are listed in Exhibit "A", attached and
incorporated; and
WHEREAS, the City and County agree that the effectiveness of the traffic calming
measures will be evaluated one (1) year after implementation and additional traffic calming
measures will be considered at that time, including restriction of vehicular access, if appropriate;
and
WHEREAS the City agrees that the County's approval of traffic calming measures for
the Silver Bluff Area neighborhood and associated future reevaluation resolves the conflict
assessment directed by Resolution R-23-0260; and
WHEREAS, on June 18, 2024, the City Commission adopted Resolution No. R-24-0229,
authorizing the City Manager to negotiate and execute an amendment to the Intergovernmental
Agency Agreement ("Intergovernmental Agreement") to allow the City to perform certain
additional traffic engineering functions within local municipal streets and to allow the City to
install certain traffic calming devices with a design pre -approved by the County without requiring
prior County approval; and
WHEREAS, once the amendment to the Intergovernmental Agreement is executed by the
County, it will help facilitate the implementation of the traffic calming measures agreed by the
City and County for this area;
NOW THEREFORE, in consideration of the following expressed mutual obligations and
other good and valuable consideration, the sufficiency of which the Parties hereby acknowledge,
the Parties agree as follows:
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1. Recitals. The Parties agree that the above recitals are true and correct and are incorporated
as if fully set forth herein.
2. Traffic Calming Measures. The Parties agree to the traffic calming measures for the
Silver Bluff Area neighborhood as described in the attached and incorporated Exhibit "A"
("Traffic Calming Measures"). Those Traffic Calming Measures include curb
extension(s), roundabout(s)/traffic circle(s), raised intersection(s),
choker(s)/median(s)/gateway(s), speed cushion(s)/hump(s), raised crosswalk(s), high -
visibility crosswalk(s), lane restriping(s)/reconfiguration(s), realignment(s), and
closure(s), all as more particularly described in and as geographically depicted in the
attached and incorporated Exhibit "A". The City will construct the Traffic Calming
Measures. The Parties will work together as applicable for the City to efficiently and
effectively obtain any necessary permits and construct the Traffic Calming Measures.
3. One Year Re -Evaluation. The Parties agree that, one (1) year after the City constructs all
of the Traffic Calming Measures as contemplated herein and as described in the attached
and incorporated Exhibit "A", the Parties will fully cooperate to evaluate the effectiveness
of the Traffic Calming Measures. In order to sufficiently measure the effectiveness of the
Traffic Calming Measures, it is contemplated that, in the event there is no perceived
adequate improvement regarding the traffic in the Silver Bluff Area neighborhood, that
there will be a measurement of volume and speed of traffic in the area. The Parties further
agree to fully cooperate to re-evaluate the traffic conditions in this Silver Bluff Area
neighborhood, depending on the effectiveness evaluation as described herein. Such re-
evaluation shall consider any and all additional traffic calming measures needed to improve
the traffic in the area, including but not limited to vehicular access restrictions.
4. Coordination. The Parties recognize that installation of the Traffic Calming Measures may
require coordination between the Parties and the Parties commit to fully cooperate together
to allow for the efficient and effective permitting and construction of the Traffic Calming
Measures, including but not limited to execution of the Intergovernmental Agreement to
facilitate such.
5. Effective Date and Term of Agreement. This Agreement shall become effective on the
effective date of the Board of County Commissioners' resolution approving this Agreement
("Effective Date").
6. Compliance with Laws. The Parties shall comply with all applicable federal, state and
local laws, codes, ordinances, rules and regulations in performing their respective dutuies,
respondsibilites, and obligations pursuant to this Agreement and with all applicable laws
relating to this Agreement. The Parties shall not unlawfully discriminate in the
performance of their respective duties under this Agreement.
7. Dispute Resolution: Applicable Law. The Parties shall resolve any disputes,
controveries or claims between them arising out of this Agreement in accordance with the
"Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statues, as
amended. Nothing in this Agreement shall waive any further conflicts from being raised,
including but not limited to any conflicts arising from the evaluation of the effectiveness
of the Traffic Calming Measures and re-evaluation of the traffic in the Silver Bluff Area
neighborhood area as contemplated in Section 3 of this Agreement. This Agreement shall
be governed by the laws of the State of Florida. Venue in any proceedings shall be in
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Miami -Dade County, Florida and each Party shall be respondsible for its own attorneys'
fees.
8. Entire Agreement; Amendments. This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to
the matters contained herein, and the Parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement that are not
contained in this Agreement. Accordingly, the Parties agree to no deviation from the terms
hereof shall be predicated upon any prior representation or agreements, whether oral or
written. No modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by the Parties, except that on behalf of
the City, future amendments may be approved by the City Manager and wil not require
approval by the City Commission.
9. Joint Preparation. The language agreed to expresses the mutual intent of the Parties and
the resulting Agreement shall not, solely as a matter of jurisdictional construction, be
construed more severely against one of the Parties by the other.
10. Severability. The provisions of this Agreement are independent of and severable from
each other, and no provision shall be affected or rendered invalid or unenforceable by virtue
of the fact that for any reason any other or others of them may be invalid or unenforceable
in whole or in part, except to the extent that such invalidity or unenforceability causes the
Agreement to fail of its essential purpose. In the event a finding of invalidity or
unenforceability by a court of competent jurisdiction causes the Agreement to fail of its
essential purpose, either Party shall have the right to terminate this Agreement upon written
notice.
11. No Third Party Beneficiaries to this Agreement. Nothing in this Agreement, express or
implied, is intended to: (a) confer upon any entity or person other than the Parties any
rights or remedies under or by reason of the Agreement as a third party beneficiary or
otherwise, except as specifically provided in this Agreement; or (b) authorize anyone not
a party to this Agreement to maintain an action pursuant to or based upon this
Agreement; or (c) be construed as a waiver of sovereign immunity of the parties hereto
under Section 768.28, Florida Statutes. The Parties are authorized to bring and maintain
an action to enforce compliance with this Agreement.
12. Miscellaneous Provisions. Title and paragraph headings are for convenient reference and
are not a part of this Agreement. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing.
13. Counterparts/Electronic Signature. This Agreement may be executed in any number of
counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall
be entitled to sign and transmit an electronic signature of this Declaration (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party
whose name is contained therein.
14. Notice. Any notice provided pursuant to the terms and provisions herefor shall be deemed
to be delievered when sent by hand delivery, delivery service, or certified mail, return
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receipt that this agreement shall begin to take effect, which shall be requested, postage
prepaid and received by addressees. Notices shall be sent to:
If to the City:
With copies to:
If to the County:
With a copy to:
City Manager
City of Miami
Miami Riverside Center
444 S.W. 2nd Avenue, 10th Floor
Miami, Florida 33130
City Attorney
Office of the City Attorney
City of Miami
Miami Riverside Center
444 S.W. 2nd Avenue, 9th Floor
Miami, Florida 33130
County Mayor
Miami -Dade County
111 NW First Street, 29th Floor
Miami, Florida 33128
County Attorney
Miami -Dade County
111 NW First Street, Suite 2810
Miami, Florida 33128
Signature Page(s) to follow:
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IN WITNESS WHEREOF, the County and the City have executed this Agreement, or
have caused the same to be executed, as of the date and year first above written.
MIAMI-DADE COUNTY, FLORIDA
ATTEST: A political subdivision of the State of Florida
By: By:
Juan Fernandez-Barquin, Clerk of Court Danielle Levine Cava, County Mayor
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
By:
Bruce Libhaber, Assistant County Attorney
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ATTEST: CITY OF MIAIVH, a Municipal Corporation
of the State of Florida
By: By:
Todd B. Hannon, Clerk Arthur Noriega V, City Manager
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
By:
George K. Wysong III, City Attorney
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