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HomeMy WebLinkAbout25193AGREEMENT INFORMATION AGREEMENT NUMBER 25193 NAME/TYPE OF AGREEMENT FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES DESCRIPTION MEMORANDUM OF AGREEMENT/ACCESS TO CITY OF MIAMI PARKS EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/20/2024 DATE RECEIVED FROM ISSUING DEPT. 9/20/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Resilience and Sustainability DEPT. CONTACT PERSON: Sonia Brubaker — Ext. 1214 / Reinaldo Rodriguez — Ext. 1296 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: FIU Board of Trustees IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): Memorandum of understanding between City of Miami and Florida International University. PURPOSE OF ITEM (BRIEF SUMMARY): Entering into MOU with FIU for access to City of Miami Parks for environmental purposes, analyzing conditions, and hands-on training and management. Also, placing water level sensors, heat sensors, and related equipment for real-time environmental measurements. COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR PRINT: Sonia Brubaker SIGNATURE: DocuSigned by: ,IA,¢ by SotA, br l APPROVAL BY DEPARTMENTAL DIRECTOR PRINT: Chris Evans SIGNATURE: `— 13066A477. Signe DocuSigned by: - SUBMITTED TO RISK MANAGEMENT PRINT: Ann -Marie Sha e SIGNATURE: s�SGXDocuSigned DocuSigned by: SUBMITTED TO CITY ATTORNEY Geor e K. W songL.1W1 SIGNATURE: �PRINT: D.,igned by: at -WOG f�7;8248 by: - APPROVAL BY ASSISTANT CITY MANAGER PRINT: Asael "Ace" AIA, ICC SIGNATURE: Marrero ,—DocuSigned , � V APPROVAL BY DEPUTY CITY MANAGER PRINT: Natasha 151 I`oW-Vnl SIGNATURE: pocusign N� RECEIVED BY CITY MANAGER PRINT: Arthur Noriega, V SIGNATURE: `-84137iJ0-97 DocuSigned by a l'T'/ attr 14 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: Todd Hannon SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: esoc 6c372DD DocuSigned by: LE4607560DCF1459.. AiStolA,0li d by: D EA41 B... 2A... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER ORS24-0002 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES FOR ACCESS TO CITY OF MIAMI PARKS THIS MEMORANDUM OF AGREEMENT, made and entered into as of the date of the last signature below, by and between the CITY OF MIAMI, FLORIDA, a Florida municipal corporation, whose principal address is located at 444 SW 2nd Avenue, Miami, Florida 33130, hereinafter referred to as the "CITY", and THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, on behalf of its College of Arts, Sciences & Education, Depaitnient of Earth and Environment, hereinafter referred to as "FIU", whose principal address is 11200 SW 8th Street, MARC 430, Miami FL 33199, hereby acknowledge the following recitals: WHEREAS, FIU's College of Arts, Sciences & Education, Depaituient of Earth and Environment ("CASE") provides hands-on instruction in field and laboratory techniques and training in effective policy and management decision - making in atmospheric, earth and environmental sciences; and WHEREAS, CASE in collaboration with other environmental study stakeholders, analyze existing conditions and vulnerabilities and identify strategies to address current and future impacts of sea level rise and extreme heat on human health, lives and livelihoods throughout Miami -Dade County; and WHEREAS, in the interest of public safety and increased public awareness and support of sea level rise mitigation and heat risk reduction efforts and policies, the CITY, through its depaitnient of Parks & Recreation ("Parks"), will allow FIU to place water level sensors and heat sensors in select Parks facilities to measure the water level and heat on a hyperlocal scale to identify urban heat "hot spots" and investigate factors that reduce or increase heat within the CITY; and WHEREAS, the installation of specialized heat and water level sensors and related equipment for the express purpose of transmitting real time or regular environmental measurements, is required on select Parks facilities located within the CITY; and WHEREAS, this memorandum of agreement is separate and apart from any other concurrent duties and obligations FIU may be engaged in with CITY pursuant to the terms and conditions of any other current valid agreement between the parties; and NOW, THEREFORE, in consideration of the foregoing, the CITY and FIU (collectively referred to as, "the Parties") agree as follows: 1. The CITY will provide FIU limited access to Parks facilities at pre -arranged times, as mutually agreeable by the parties. 2. The CITY will allow limited space at the Parks facilities listed below for the installation of up to ten (10) Aquatroll pressure level water sensors and up to 30 Thermochron iButton heat sensors and related transmitting equipment (collectively referred to as, "FIU Sensors") in an area of each facility that is agreeable to the Parties. i. Jose Marti Park ii. Morningside Park iii. Sewell Park iv. Peacock Park v. Kennedy Park vi. New Seawall & Baywalk Behind First Presbyterian Church 3. The CITY will provide access to 110 VAC electrical service, if available, for low -voltage supply to power FIU Sensors and related apparatuses (power usage will be limited to not more than 5 amps maximum). 4. FIU shall provide, at its own risk and expense, all installation work of the FIU Sensors, including connection to electrical supply wiring by an FIU vendor or representative at no cost to the CITY. 5. FIU shall operate, maintain, and replace at its own risk and expense, all of the FIU Sensors, hardware, and wiring installed on CITY's Parks facilities. 6. FIU shall provide a fully trained contact person or representative who is solely responsible for the operation and maintenance of FIU's Sensors and all activities associated with this agreement. 7. FIU agrees to comply with all applicable federal, state, and local laws and ordinances or regulations which relate to this installation. 8. FIU agrees to use its best efforts to promptly move or relocate, at its sole expense, any or all of the FIU Sensors and related hardware at the written request of the CITY. 9. The CITY understands and agrees that all of the FIU Sensors, hardware, or any other materials whatsoever installed by FIU pursuant to or under the terms of this agreement is, and shall at all times remain, the property of FIU. The CITY agrees not to use, alter, modify, or make contact with any of the FIU Sensors, hardware, or any other material whatsoever installed on PARKS facilities for any purpose whatsoever unless there is an exigent circumstance that requires immediate action to make contact with or destroy the FIU Sensors. 10. FIU shall indemnify, defend and hold harmless the CITY and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of FIU or its employees (collectively referred to as "FIU"), or (ii) the failure of FIU to comply with any of the paragraphs herein or the failure of FIU to conform to applicable statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the compliance of this agreement; provided, however, that the indemnification provided herein shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute whereby FIU shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the FIU arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be deemed to indemnify CITY from any liability or claim arising out of the negligent performance or failure of performance or by the willful misconduct of CITY or as a result of the negligence or failure of performance or by the willful misconduct of any third party. Further, nothing contained herein shall be construed or interpreted as: i) denying FIU any remedy or defense available under the laws of the State of Florida; ii) the consent of FIU to be sued; or iii) a waiver of sovereign immunity of FIU beyond the waiver described herein and provided in §768.28, Florida Statutes. 11. This agreement may be terminated at will upon written notification by either party. 12. Upon termination of this agreement by either party, the CITY shall grant FIU access onto the PARKS facilities to recover the FIU Sensors and related hardware. 13. Pursuant to Fla. Stat. Section 1001.72, Florida International University (FIU), a public instrumentality of the State of Florida, maintains insurance coverage under the State of Florida Risk Management Trust Fund, established pursuant to Chapter 284, Florida Statutes, and administered by the State of Florida, Department of Financial Services — Division of Risk Management as follows: automobile liability insurance, general liability insurance and employer's liability insurance, each with limits of liability of not less than US $200,000.00 for each person and US $300,000.00 for each occurrence. FIU also maintains workers' compensation insurance with limits of liability as required by law. FIU shall provide evidence of insurance upon request. 14. Notices required under the Agreement shall be deemed to be given when hand -delivered (with receipt therefore) or mailed by registered or certified mail, postage prepaid, return receipt requested. AS TO FIU AS TO THE CITY: Name: Roberto M. Gutierrez Art Noriega City Manager Title: Associate Vice President for Research Address 1: Office of Research and Economic Development (ORED) 444 SW 2"d Avenue, 10th Floor Miami, FL 33130 anoriegagmiamigov.com Address 2: 11200 SW 8th ST, MARC 430 WITH A COPY TO: Miami, FL, 33199 Email: gutierrr@fiu.edu George K. Wysong III City Attorney 444 SW 2"d Avenue, 9th Floor Miami, FL 33130 gwysong@miamigov.com 15. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. 16. 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 Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 17. FIU understands and agrees that the CITY is not engaged in research for advertising, sales promotion, or other publicity purposes. FIU is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this Agreement and the name of the CITY. FIU agrees to refrain from doing anything which would tend to discredit, dishonor, reflect adversely upon or in any way injure the good name or business of the CITY. Notwithstanding the foregoing, all uses of the CITY's name by FIU shall be subject to the prior approval of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year written below: READ AND ACKNOWLEDGED: BY: p---DocuSigned by: \.----5BFA98304A7B4A3... NAME:Tiffany Troxler TITLE:Associate Professor ATTES't: BY: Signed by: DocuSigned by: S6eeer1459... Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: DocuSigned by: DS (-- BY: Lat,trot, Risbt4lfl George K. Wysong 887716�$F1E88248B... City Attorney FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES: DocuSigned by: Ana Villafana BY: /LtSU/UL145/ 14'125... NAME: Ana Villafana TITLE: Senior Director for Award Services THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA ,-DocuSigned by: BY: avtu,VY Nbviuy. Arthur' _o Q SxtLC372DD42A... City Manager APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: Fmk atmAti5 BY: Ann -Mane arpe�E� Director of Risk Management F=U FLORIDA INTERNATIONAL UNIVERSITY SUB -DELEGATION OF SIGNATURE AUTHORITY DELEGATEE AMOUNT EFFECTIVE DATE Ana Maria Villafana Associate Director, Award Services $500,000 July 1, 2018 Rev. 10/28/2019 Rev 6/27/2022 SCOPE OF AUTHORITY Execute all documents (i) related to proposals for research and training contracts, research and training contracts, sub - awards relative to research and training contracts, which include subcontracts and consulting agreements, (ii) to solicit and accept research and training grants and donations, and (iii) to fix and collect fees, other payments and donations that may accrue by reason thereof. Authorization to execute any of the foregoing is granted only when the funds that are sought or obligated by such contracts or other documents derive solely from sources external to the university and/or where such contracts and other documents obligate university resources not to exceed the amount set forth above. Contracts must be processed in accordance with University procedures, including legal review by the Office of the General Counsel. This authority shall be exercised only when Assistant Vice President Robert Gutierrez is unavailable to execute the contract/document. AUTHORITY FOR DELEGATION Delegation of signature authority from Provost Kenneth G. Furton dated August 31, 2016. AUTHORITY TO SUB -DELEGATE TO DIRECT REPORTS Yes Ai No Any sub -delegations authorized under this memorandum are subject to the condition that (i) the delegator institutes appropriate measures of control over the exercise of this power, and (ii) a copy of any delegation is provided to the Office of the General Counsel for recordation in the University's official records. By signing below you agree to be bound by the terms of is tion and related policies on Signature Delegation. Ana Maria Villafana June 27, 2022 Sig t e r Date APPROVAL Andres G. Gil Senior Vice President for Research & Economic Development j June 27, 2022 Sig u e Date This delegation of signature authority supersedes all previously delegated authority. Office of the General Counsel -Rev. 4.6.15 F=U FLORIDA INTERNATIONAL UNIVERSITY SUB -DELEGATION OF SIGNATURE AUTHORITY DELEGATEE AMOUNT EFFECTIVE DATE Robert Gutierrez Associate Vice President for Research $500,000 September 23, 2016 Rev. 8/7/2023 SCOPE OF AUTHORITY Execute all documents (i) related to proposals for research and training contracts, research and training contracts, sub - awards relative to research and training contracts, which include subcontracts and consulting agreements, (ii) to solicit and accept research and training grants and donations, and (iii) to fix and collect fees, other payments and donations that may accrue by reason thereof. Authorization to execute any of the foregoing is granted only when the funds that are sought or obligated by such contracts or other documents derive solely from sources external to the university and/or where such contracts and other documents obligate university resources not to exceed the amount set forth above. Contracts must be processed in accordance with University procedures, including legal review by the Office of the General Counsel. AUTHORITY FOR DELEGATION Delegation of signature authority from Provost Kenneth G. Furton dated August 31, 2016. AUTHORITY TO SUB -DELEGATE TO DIRECT REPORTS Yes Ai No Any sub -delegations authorized under this memorandum are subject to the condition that (i) the delegator institutes appropriate measures of control over the exercise of this power, and (ii) a copy of any delegation is provided to the Office of the General Counsel for recordation in the University's official records. By signing below you agree to be bound by the terms of this Delegation and related policies on Signature Delegation. Robert Gutierrez '! s �l,�t August 7, 2023 Signature Date APPROVAL Andres G. Gil Senior Vice President for Research & Economic Development - August 7, 2023 Iure Date f This delegation of signature authority supersedes all previously delegated authority. Office of the General Counsel -Rev. 4.6.15 Olivera, Rosemary From: Rodriguez, Reinaldo Sent: Friday, September 20, 2024 1:18 PM To: Olivera, Rosemary; Hannon, Todd; Ewan, Nicole Cc: Brubaker, Sonia; Farina, Alissa Subject: MOU with FIU Board of Trustees (Sensors at Parks) Attachments: Complete_with_Docusign_MOU_with_FIU_Board_of (1).pdf Good afternoon all, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thanks! Reinaldo Rodriguez Resilience Programs Manager City of Miami, Office of Resilience & Sustainability 444 SW 2nd Ave., 2nd Floor, Miami, FL 33130 Phone: (305) 416-1296 Email: rerodriguez@miamigov.com What is City of Miami doing about climate change? i