HomeMy WebLinkAboutExhibit AMEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY AND
THE CITY OF MIAMI
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made as of this day of
, 2020 (the "Effective Date"), by and between Miami -Dade County, Florida, a
political subdivision of the State of Florida (hereinafter, the "County"), and the City of Miami, a
municipality within Miami -Dade County (hereinafter, the "City," and collectively with the County
and any other governmental agency or municipality that subsequently signs an MOU identical to
this MOU, the "Parties").
RECITALS
WHEREAS, the Parties acknowledge that a centralized data and system sharing program
will assist the Parties with coordinated decision -making and procurement of permits on a County-
wide basis; and
WHEREAS, such coordination is critical in order to improve utility project coordination,
among various Miami -Dade County departments, the City of Miami and other parties participating
in the iMDC Utility Coordination GIS Viewer; and a
WHEREAS, in addition to the City, other municipalities within Miami -Dade County and
utilities that operate throughout Mji-Dade County may choose to participate in the iMDC Utility
Coordination GIS Viewer and will required to sign an agreement identical to this agreement in
order to participate; and
WHEAS, the County, througli iami-Dade Water and Sewer Department
("WASD"), has developed and will continue to maintain the iMDC Utility Coordination GIS
Viewer, which will display information about upcoming and ongoing utility projects, including
specific project details such as project description, start and end dates, project status, and project
manager contact information; and
WHEREAS, the iMDC Utility Coordination GIS Viewer will provide a project time
interval tool to view all projects during any particular time window and a potential project conflict
alert layer when multiple projects share a portion of their scope area and timeframe; and
WHEREAS, the iMDC Utility Coordination GIS Viewer will, among other features, allow
municipalities, and the public, the ability to: improve planning coordination across the Miami -
Dade County region in order to minimize construction impact to the residents of the County;
reduce project costs by facilitating agreements among participating parties when projects share the
same scope area and time; and assist with adherence to roadway moratoriums by viewing
completed projects and dates of completion; and
WHEREAS, the Parties may wish to enter into this MOU in order to provide a framework
and guidelines for the working relationship between the Parties and in order to specify the
responsibilities in data sharing, processes and services to be provided through the iMDC Utility
Coordination GIS Viewer,
NOW, THEREFORE, in consideration of the foregoing, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereby agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein and made a part
hereof by this reference.
2. Obligations of the Parties. This MOU does, not.bind the Parties to commit funds
and/or personnel to the iMDC Utility Coordination ever, but the Parties agree, subject to
the limitations of their respective charters, policies and statutes, to --
(a) share all available data and information related "to the iMDC Utility
Coordination GIS Viewer with one another and the public-
(b) provide data and information for inclusion in the iMDC Utility Coordination
GIS Viewer, on a monthly basis through use of the established GIS data
templates, which data and information shall include, at a minimum, all roadway
utility projects, along with project specific information, at the very earliest point
a project has been identified necessary, whether funded or unfunded, and
updates through the entire project life cycle;
(c) coordinate the planning and implementation of the iMDC Utility Coordination
GIS Viewer;
(d) pursue joint funding opportunities for collective implementation of the iMDC
Utility Coordination GIS Viewer; and
(e) acknowledge i t all municipalities within Miami -Dade County and all utilities
operating wi#AMiami-Dade County that execute an MOU identical to this
1VI0U ,after e Effective Date shall be considered Parties to this MOU without
the need for any form of approval from the City or amendment to this MOU.
In addition, the County will provide the iMDC Utility Coordination GIS Viewer to the Parties at
no cost; however, all code and software associated with the iMDC Utility Coordination GIS
Viewer shall be considered the property of the County and shall not be duplicated, sold or used
without the County's express permission. A link to the iMDC Utility Coordination GIS Viewer
will be available on various County websites and can be added to the websites of other participating
municipalities.
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3. Term/Termination. The term of this MOU shall commence on the Effective Date
and shall automatically renew annually -for an initial five (5) year term, with two (2) five-year
options to renew. In order to exercise either or both of the options to renew, the City must advise
the County that it wishes to exercise its option to renew at least six (6) months in advance of the
expiration of expiration of this MOU. The Parties may terminate this MOU at any time for
convenience upon thirty (30) days' prior written notice to one another pursuant to the Notice
provision set forth in Paragraph 5 below. Termination of this MOU will also occur in the event
that the Parry ceases to exist. In the event of termination, the iMDC Utility Coordination GIS
Viewer, and any information contained therein, shall be deemed the property of the County.
4. Inaccurate Information. If either the County or the City submits inaccurate data to
the iMDC Utility Coordination GIS Viewer, it shall be the responsibility of that Parry to submit
corrected information with the next monthly report as stipulated in Paragraph 2(b) above upon
notice that the data is inaccurate. Failure to promptly correct inaccurate information upon notice
may result in termination of this MOU.
5. Notice: All notices hereunder shall be given by hand -delivery, electronic delivery,
overnight delivery or certified mail (return receipt requested), and shall be deemed delivered upon
receipt or refusal to accept delivery if addressed as follows:
COPPIK Miami -Dade Water & Sewer Department
Attn: Josenrique Cueto, P.E., Assistant Director
3071 S.W. 38 Avenue, Room 331
Miami, FL 33146
(786) 552- 8884
Josenrique.Cueto@Miami-Dade.gov
Miami -Dade Information Technology
Attn: Jose L. Lopez, Division Director
5680 S.W. 87 Avenue, Room 302
Miami, Florida 33173
Jose.Lopez5@miamidade.gov
Cily City of Miami
Attn: Mike Sarasti, CIO/Director of Innovation & Technology
444 SW 2 Avenue, 5 Floor
Miami, Florida 33130
(305) 416-1018
MSarasti@miamigov.com
6. Entire Agreement: This MOU contains the entire agreement of the Parties hereto,
and, in executing and delivering this MOU, neither the County nor the City, or any of their agents
or representatives, is relying on any warranties, representations, promises or statements not
contained herein.
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7. Counterparts: This MOU may be executed in one or more counterparts, each of
which shall be deemed to be an original but all of which shall constitute one and the same
agreement. Facsimile and/or electronic signatures on this MOU shall be deemed to be originals
for all purposes.
8. Severabilily: In the event any provision of this MOU is determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal
meaning or reconstructed as such authority determines, and the remainder of this MOU shall be
construed to be in full force and effect.
9. Dispute Resolution: This MOU shall be construed and enforced in accordance with
the laws of the State of Florida. In the event of any dispute that arises between the Parties, a
meeting shall be conducted between the Director of WASD and the City's Representative in order
to attempt to resolve the disagreement in good faith.
10. Indemnification: Each Party agrees to be fully responsible for its own act and
omissions and for those of its respective employees, while acting within the scope of the
employee's office or employment, to the extent permitted by Section 768.28, Florida Statutes.
Nothing herein shall be construed as consent by either Party to be sued by third parties in any
matter arising out of this MOU or any agreement or activity associated with this MOU. Nothing
herein shall be deemed to waive any immunity granted to either Party pursuant to Section 768.28,
Florida Statues.
11. Public Records: All Parties shall comply with the State of Florida Public Records
Law, Section 119.07, Florida Statutes.
12. Headings: The headings and paragraph titles utilized throughout this MOU have
been placed herein as a matter of convenience only, and the same shall not be construed in
derogation of the language of the remaining provisions of this MOU.
13. Amendment: No amendment to this MOU, and no waiver of any of its terms and
conditions, shall be effective unless made in writing and duly executed by both the County and the
City.
14. No Partnership: Nothing in this MOU shall be deemed in any way to create
between the Parties any relationship of partnership, joint venture or association, and the Parties
disclaim the existence thereof.
15. Construction: This MOU shall not be construed more strictly against one Party
than against the other, merely by virtue of the fact that it may have been prepared by counsel for
one of the Parties, it being recognized that both the County and the City have contributed
substantially and materially to the preparation of this IN WITNESS WHEREOF, Miami -Dade
County and the City of Miami have duly executed this MOU as of this day and year first above
written.
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ATTEST:
HARVEY RUVIN,
CLERK OF THE BOARD
Deputy Clerk
Approved by County Attorney
As to form and legal sufficiency:
Assistant County Attorney
ATTEST:
By:
Todd Hannon, City Clerk
2-
Date:
Approved by City Attorney
As to form and legal sufficiency:
Victoria Mendez, City Attorney
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
Arthur Noriega V, City Manager
Date:
Ann -Marie Sharpe, Director -Risk Managemnt
Date: Date:
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