HomeMy WebLinkAbout25826AGREEMENT INFORMATION
AGREEMENT NUMBER
25826
NAME/TYPE OF AGREEMENT
FLORIDA STATE UNIVERSITY
DESCRIPTION
PROFESSIONAL SERVICES AGREEMENT/POTENTIAL
REVISIONS TO THE CITY'S TREE ORDINANCE/FILE ID:
17856/R-25-0280
EFFECTIVE DATE
July 31, 2025
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
11/18/2025
DATE RECEIVED FROM ISSUING
DEPT.
11/19/2025
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Building Department
DEPT. CONTACT PERSON: Melissa Fernandez-Stiers EXT. 305-416-1100
NAME OF CONTRACTUAL PARTY/ENTITY: Florida State University
IS THIS AGREEMENT TO BE EXPEDITED/RUSH ® YES NO
TOTAL CONTRACT AMOUNT: $79,464 (Phase I) ; $87,234 (Phase II); Total Potential Costs Including All
Optional Services and Related Travel NOT TO EXCEED $180,298 FUNDING INVOLVED? ®YES NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
Z PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY:
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY); Through this
PSA, the City will partner with the Florida State University ("FSU"), through its Consensus Center and in
collaboration with the Orthon Group, regarding potential revisions to the City's tree ordinance, found in
Chapter 17 of the City of Miami Code of Ordinances, as amended, and related public engagement activities.
COMMISSION APPROVAL DATE: 07/24/2025 FILE ID: 17856 ENACTMENT NO: R-25-0280
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY
DEPARTMENTAL DIRECTOR
November 10,
PRINT: Eduardo Santamaria
2025 115:06:46 EST
SIGNATURE:
Signed by:
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rZa71038F58649n
SUBMITTED TO
RISK MANAGEMENT
November 13,
PRINT: r Gomez
2025 119:43:300 €S
SIGNATURE:
f—DocuSigned by:
Friaak aton
SUBMITTED TO
CITY ATTORNEY
Initial
November 17,
PRINT: GEORGEK_DWN05
2025 11:50:22 EST
SIGNATURE:
G ITT27395C6318214E7
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"-887' F882488..
November 17, 2025 111:2
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APPROVAL BY
ASSISTANT CITY MANAGER
November 17,
PRINT: Asael Marrero
2025 113:11:41 EST
SIGNATURE
—DocuSigned by:
k'v
APPROVAL BY
DEPUTY CITY MANAGER
November 17,
PRINT: NATASHA
2025 115:35:14 EST'—D°°°
SIGNATURE:
COLEBROOK wta .0..; A.
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RECEIVED BY
CITY MANAGER
November 17,
PRINT: ART NORIEGA, V
2025 116:57:22 EST
SIGNATURE:
,—DocuSigned by:
a' `""" I III NOt
•--ssUCF-6c372017427r
SUBMITTED TO THE CITY CLERK
November 18,
PRINT: TODD B. HANNQusigned
2025 1 21:19:53 EST
by:
----
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT
EXECUTION BY THE CITY MANAGER
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF MIAMI, FLORIDA
and
FLORIDA STATE UNIVERSITY
This Professional Services Agreement ("Agreement") is entered on this 31st day
of July, 2025 by and between the City of Miami, a municipal corporation of the State of
Florida, whose address is 444 S.W. 2nd Avenue, loth Floor, Miami, Florida 33130
("City"), and Florida State University ("Consultant") whose principal address is 874
Traditions Way, Third Floor, Tallahassee, FL 32306-4166. City and Consultant may be
referred to hereinafter individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Parties agree to establish a collaboration where FSU, through its
Consensus Center and in collaboration with the Orthon Group, proposes to provide public outreach
services in support of the City's consideration of revisions to the City's tree ordinance ("Services")
as more fully set forth in the Scope of Work ("Scope") attached hereto as Exhibit "A" and
incorporated herein; and
WHEREAS, the City wishes to engage the Services of Consultant, and Consultant wishes
to perform the Services for the City; and
WHEREAS, the City and Consultant desire to enter into this Agreement under the terms
and conditions set forth herein.
NOW, THEREFORE, pursuant to Sections 18-111 of the City of Miami, Florida Code of
Ordinances, as amended ("City Code") and in consideration of the mutual covenants and promises
herein contained, Consultant and the City agree as follows:
TERMS
1. RECITALS AND INCORPORATIONS
The foregoing recitals are true and correct and are hereby incorporated into and made a
part of this Agreement. The following exhibits are attached hereto and are hereby incorporated
into and made a part of this Agreement:
Exhibit A — Scope of Services
Exhibit B — Compensation
Exhibit C — Insurance Requirements
Exhibit D — Corporate Resolution
In the event of a conflict between the provisions of this Agreement or any of its exhibits, the
conflict shall be resolved in favor of the Agreement then the priority order indicated above.
2. SCOPE OF SERVICES
A. The Consultant identified above will be assigned to assist the Building Department
("Building"), which has been tasked of working with an entity that can assist with the revisions of
potential tree ordinances for the City, or its designee, and shall perform the Services outlined in
Exhibit "A", attached and incorporated herein.
B. Consultant represents to the City that: (i) it possesses all qualifications, licenses,
certificates, authorizations, experience, and expertise required for the performance of the Services,
including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in
the payment of any sums due the City or any agency or instrumentality of the City, including but
not limited to payment of permits, fees, occupational and licenses, nor in the performance of any
obligations or in breach of any contract it has entered into with the City; (iii) all personnel assigned
to perform the Services are and shall be, at all times during the term hereof, fully qualified and
trained, and certified and licensed as may be required by applicable laws or regulations, to perform
the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit
"A;' and (v) each person executing this Agreement on behalf of Consultant has been duly
authorized to so execute the same and fully bind Consultant as a party to this Agreement.
C. Consultant shall at all times provide fully qualified, competent and physically
capable employees to perform the Services under this Agreement. The City may require Consultant
to remove any employee the City deems careless, incompetent, insubordinate, intoxicated, or
otherwise objectionable and whose continued services under this Agreement is not in the best
interests of the City.
3. COMPENSATION
A. The amount of compensation payable by the City to the Consultant shall be based
on the deliverables quoted in Exhibit "B" hereto, which by this reference is incorporated into and
made a part of this Agreement. The total fees under this contract, during the entire term, cannot
exceed a cumulative total of One Hundred Eighty, Two Hundred Ninety-eight thousand dollars
($180,298). This cumulative total is agreed by the Parties to be the contract price which is the
Guaranteed Maximum Cost under this Agreement. The City shall have no liability for payment of
any compensation over this cumulative total.
B. Payment shall be made in arrears based upon work performed to the satisfaction of
the City within forty-five (45) days after receipt of Consultant's invoice for Services performed,
which shall be accompanied by sufficient supporting documentation and contain sufficient detail,
to allow a proper audit, should the City require one to be performed. Invoices shall be sufficiently
detailed so as to comply with the "Florida Prompt Payment Act," Sections 218.70. - 218.78, Florida
Statutes, and other applicable laws. No advance or future payments shall be made at any time.
C. Consultant agrees and understands that (i) any and all sub -Consultants providing
Services related to this Agreement shall be paid through Consultant and not paid directly by the
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City, and (ii) any and all liabilities regarding payment to or use of sub -consultants for any of the
Services related to this Agreement shall be borne solely by Consultant.
D. Prices shall remain firm and fixed for the term of the Contract, including any option
or extension periods. Consultant represents, warrants, and guarantees to the City that Consultant
shall completely, timely, and properly perform all its obligations under the Agreement, in
accordance therewith, for the contract price agreed upon by the Parties. This contract price shall
constitute the guaranteed maximum cost to the City for performing the Consultant's obligations.
The City shall (absent a prior Amendment with compelling cause approved as an Amendment to
this Agreement) have no liability or obligation to pay any amount in excess of the stated contract
price and Consultant shall have no recourse in that respect except to seek an amendment to the
Agreement. There is no entitlement or expectation of an amendment to the Agreement. All costs
in excess of the contract price, if any, shall be paid solely by Consultant without reimbursement
or additional compensation from the City.
4. TERM
The Agreement shall become effective on the date on the first page and shall be for the
duration of one (1) year with one (1) one (1) year option to renew at the City's sole discretion. The
City, acting by and through the City Manager, shall have the option to extend or terminate the
Agreement for convenience.
5. OWNERSHIP OF DOCUMENTS
Subject to its legal ability to do so, FSU shall grant the City an irrevocable, non-
commercial, royalty -free, non -transferable, non-exclusive right and license, without limitation, to
reproduce, make derivative works, display, and perform publicly any copyrights or copyrighted
material (including any computer software and its documentation and/or databases) developed
under this Agreement, which rights shall extend to any legal duties and obligations, including but
not limited to, responding to public records requests and complying with local, state, or Federal
law.
6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION
A. Consultant agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, and records of Consultant which are directly
pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The
City may, at reasonable times, and for a period of up to three (3) years following the date of final
payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited
and inspected, those books, documents, papers, and records of Consultant which are related to
Consultant's performance under this Agreement. Consultant agrees to maintain any and all such
books, documents, papers, and records at its principal place of business for a period of three (3)
years after final payment is made under this Agreement and all other pending matters are closed.
Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the
immediate cancellation of this Agreement by the City.
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B. The City may, at reasonable times during the term hereof, inspect the Consultant's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the
goods or services required to be provided by Consultant under this Agreement conform to the
terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to
facilitate the performance of tests or inspections by City representatives. All tests and inspections
shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18-102 of
the Code of the City of Miami, Florida as same may be amended or supplemented, from time to
time.
7. AWARD OF AGREEMENT
Consultant represents and warrants to the City that it has not employed or retained any
person or company employed by the City to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee,
or gift of any kind contingent upon or in connection with, the award of this Agreement.
8. PUBLIC RECORDS
A. Consultant understands that the public shall have access, at all reasonable times, to
all documents and information pertaining to City Agreements, subject to the provisions of Chapter
119, Florida Statutes and Section 1004.22, Florida Statutes, and agrees to allow access by the City
and the public to all documents subject to disclosure under applicable laws. Consultant's failure or
refusal to comply with the provisions of this Section shall result in the immediate cancellation of
this Agreement by the City.
B. Consultant shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this service; (2) upon request from the City's custodian
of public records, provide the City with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if Consultant does not transfer the records to the City; (4) upon
completion of the contract, transfer, at no cost, to the City all public records in possession of the
Consultant or keep and maintain public records required by the City to perform the service, if the
Consultant transfers all public records to the City upon completion of the Agreement, the
Consultant shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements, if the Consultant keeps and maintains public records
upon completion of the Agreement, the Consultant shall meet all applicable requirements for
retaining public records, all records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City. Notwithstanding the foregoing, Consultant shall be
permitted to retain any public records that make up part of its work product solely as required for
archival purposes, as required by law, or to evidence compliance with the terms of the Agreement.
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C. Should Consultant determine to dispute any public access provision required by
Florida Statutes, then Consultant shall do so in accordance with the provisions of chapter 119,
Florida Statutes, at its own expense and at no cost to the City. IF THE CONSULTANT HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA
EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF
MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL
33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE
CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
9. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS
Consultant understands that agreements with local governments are subject to certain laws
and regulations, including laws pertaining to public records, conflict of interest, record keeping,
etc. City and Consultant agree to comply with and observe all such applicable federal, state and
local laws, rules, regulations, codes and ordinances, as they may be amended from time to time.
Consultant further agrees to include in all of Consultant's agreements with sub consultants
for any Services related to this Agreement this provision requiring sub -Consultants to comply with
and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances,
as they may be amended from time to time.
10. INDEMNIFICATION
The Consultant shall indemnify, save and hold harmless, and defend (at its own cost and
expense), the City, its officers, agents, directors, employees, and instrumentalities from all
liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness, negligent act or omission, or
intentional wrongful misconduct of the Consultant and persons employed or utilized by the
Consultant in the performance of this Agreement. In the event that any action or proceeding is
brought against the City by reason of any such claim or demand, the Consultant shall, upon written
notice from the City, resist and defend such action or proceeding by counsel satisfactory to the
City. The Consultant expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to
indemnify, save and hold harmless, and defend (at its own cost and expense), the City, its officers,
agents, directors, employees, and instrumentalities as herein provided.
The indemnification provided above shall obligate the Consultant to defend, at its own cost
and expense, to and through trial, administrative, appellate, supplemental or bankruptcy
proceeding, or to provide for such defense, at the City 's option, any and all claims of liability and
all suits and actions of every name and description which may be brought against the City, whether
performed by the Consultant or persons employed or utilized by the Consultant.
These duties described in this Section will survive the cancellation or expiration of the
Agreement. This Section will be interpreted under the laws of the State of Florida, including
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without limitation and interpretation, Sections 725.06 and/or 725.08, Florida Statutes, as
applicable and as amended.
The Consultant shall require all sub -consultant agreements to include a provision that each
sub -consultant will indemnify the City in substantially the same language as this Section. The
Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Consultant in which the City participated
either through review or concurrence of the Consultant's actions. In reviewing, approving, or
rejecting any submissions by the Consultant or other acts of the Consultant, the City, in no way,
assumes or shares any responsibility or liability of the Consultant or subconsultant under this
Agreement.
Ten Dollars ($10.00) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is voluntarily and knowingly acknowledged by the Consultant.
11. DEFAULT
If Consultant fails to comply materially with any term or condition of this Agreement, or
fails to perform in any material way any of its obligations hereunder, and fails to cure such failure
after reasonable notice from the City, then Consultant shall be in default. Consultant understands
and agrees that termination of this Agreement under this Section shall not release Consultant from
any obligation accruing prior to the effective date of termination.
12. RESOLUTION OF AGREEMENT DISPUTES
Consultant understands and agrees that all disputes between Consultant and the City based
upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City
Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in
connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or
disapproved by the City Commission. Consultant shall not be entitled to seek judicial or
administrative relief unless: (i) it has first received City Manager's written decision, approved by
the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand
Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to
the City Manager a detailed statement of the dispute, accompanied by all supporting
documentation or ninety (90) days if City Manager's decision is subject to City Commission
approval); or (iii) City has waived compliance with the procedure set forth in this Section by
written instruments, signed by the City Manager. In no event may the amount of compensation
under this Section exceed the total compensation set forth in Section 3 of this Agreement. The
adherence to this Section is the condition precedent to the institution of any civil action by the
Consultant against the City.
13. TERMINATION: OBLIGATIONS UPON TERMINATION
A. The City, acting by and through its City Manager, shall have the right to terminate
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this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to
Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such
event, the City shall pay to Consultant compensation for Services rendered and approved expenses
incurred prior to the effective date of termination. In no event shall the City be liable to Consultant
for any additional compensation and expenses incurred, other than that provided herein, and in no
event shall the City be liable for any consequential, special, indirect, or incidental damages. The
Consultant shall have no recourse or remedy against the City for a termination under this
subsection except for payment of fees (compensation) due prior to the effective date of termination.
This provision shall survive the termination or expiration of this Agreement, as applicable.
B. The City, by and acting through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a
material breach hereunder, and failure to cure the same within thirty (30) days after written notice
of default. In such event, the City shall not be obligated to pay any amounts to Consultant for
Services rendered by Consultant after the date of termination, but the Parties shall remain
responsible for any payments that have become due and owing as of the effective date of
termination. In no event shall the City be liable to Consultant for any additional compensation and
expenses incurred, other than that provided herein, and in no event shall the City be liable for any
direct, indirect, consequential or incidental damages. This Section shall survive the cancellation or
expiration of this Agreement.
14. INSURANCE
A. Consultant shall furnish to the City of Miami, Department of Risk Management,
444 S.W. 2nd Avenue, 9th Floor, Miami, Florida 33130 upon execution of this Agreement and
upon any and all renewals hereof, appropriate certificate(s) of insurance or appropriate letter from
Consultant addressed to the City at the address above which indicates that Consultant is self -
insured. Florida State University, a State of Florida educational institution and agency, will provide
proof of general liability insurance coverage under the State of Florida Risk Management Trust
Fund, established pursuant to Section 284.30 Florida Statutes, and administered by the State of
Florida, Depai intent of Insurance, and will provide evidence of workers compensation insurance
as required by statute. Such self-insurance certificates shall be attached hereto and incorporated
hereby as Exhibit C.
B. Consultant shall be responsible for assuring that the insurance certificates and/or
self-insurance coverage(s) required under this Agreement remain in full force and effect for the
duration of this Agreement, including any extensions hereof. If insurance certificates or self-
insurance coverage(s) are scheduled to expire during the term of this Agreement and any extension
hereof, Consultant shall be responsible for submitting new or renewed insurance certificates or
evidence of self-insurance coverage(s) to the City's Risk Management Administrator at a minimum
of ten (10) calendar days in advance of such expiration. In the event that expired certificates or
self-insurance coverage(s) are not replaced, with new or renewed certificates or self-insurance
coverage(s) which cover the term of this Agreement and any extension thereof:
i. the City shall suspend this Agreement until such time as the new or renewed
certificate(s) or self-insurance coverage(s) are received in acceptable form by the
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City's Risk Management Administrator; or
ii. the City may, at its sole discretion, terminate the Agreement for cause and seek re -
procurement damages from Consultant in conjunction with the violation of the terms
and conditions of this Agreement.
C. Compliance with the foregoing requirements shall not relieve Consultant of its
liabilities and obligations under this Agreement.
15. NONDISCRIMINATION
Consultant represents to the City that Consultant does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with Consultant's
performance under this Agreement on account of race, color, sex, religion, age, handicap, marital
status or national origin. Consultant further covenants that no otherwise qualified individual shall,
solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin,
be excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
16. ASSIGNMENT
This Agreement shall not be assigned by Consultant, in whole or in part, and Consultant
shall not assign any part of its operations, without the prior written consent of the City Manager,
which may be withheld or conditioned, in the City's sole discretion through the City Manager.
17. NOTICES
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party may
designate by notice given as herein provided. Notice shall be deemed given on the day on which
personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt,
whichever is earlier.
TO CONSULTANT: TO THE CITY:
FSU Sponsored Research Administration
Champions Way
Third Floor
Tallahassee, FL 32306-4166
rmontalvo@fsu.edu
(850) 644-6320
City Manager's Office
ATTN: Arthur Noriega V, City Manager
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130-1910
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Office of the City Attorney
ATTN: George K. Wysong III,
City Attorney
City of Miami
444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130
Building Depaiuent
ATTN: Eduardo Santamaria, Director
444 SW 2nd Avenue, 4th Floor
Miami, FL 33130
Procurement Department
ATTN: Annie Perez, CPPO, Director
City of Miami
444 S.W. 2nd Avenue, 6th Floor
Miami, Florida 33130
18. MISCELLANEOUS PROVISIONS
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the Parties shall be in Miami -Dade County, Florida.
Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by
motion or pleading, that the aforementioned courts are an improper or inconvenient venue.
Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and
irrevocably waive any objections to said jurisdiction. The Parties irrevocably waive any rights to a
jury trial.
B. 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.
C. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph,
sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain unmodified and in full force and
effect or limitation of its use.
D. Consultant shall comply with all applicable laws, rules and regulations in the
performance of this Agreement, including but not limited to licensure, and certifications required by
law for professional service Consultants.
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E. 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
properly authorized representatives of the Parties hereto. Except as otherwise set forth in Section 4
above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement
on behalf of the City. All changes and/or modifications to this Agreement shall be approved in
advance and in writing by the Office of the City Attorney as to legal form and correctness and
executed in writing by the City and the Consultant.
F. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
G. Nothing contained in this Agreement is any way intended to be a waiver of the
limitation placed upon the indemnitees' liability as set forth in Chapter 768, Florida Statutes.
Additionally, the indemnitees do not waive sovereign immunity, and no claim or award against the
indemnitee shall include attorney's fees, investigative costs or pre judgment interest.
H. Pursuant to Section 18-112 of the Code of the City of Miami, Florida, as amended,
the City is exempt from all competitive bidding procedures as Consultant is a state funded institution
and this Agreement is for the purchase or acquisition of services, as approved by City Commission
Resolution Number R-25-0280.
19. SIJCCESSORS AND ASSIGNS
This Agreement shall be binding upon the Parties hereto, their heirs, executors, legal
representatives, successors, or assigns, if any.
20. INDEPENDENT CONSULTANTS
Consultant has been procured and is being engaged to provide Services to the City as an
Independent Consultant, and not as an agent or employee of the City. Accordingly, neither
Consultant, nor its employees, nor any sub -Consultant hired by Consultant to provide any Services
under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service
or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified
employees. Consultant further understands that Florida Workers' Compensation benefits available
to employees of the City are not available to Consultant, its employees, or any sub Consultant
hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to
require sub Consultant(s) to provide, as applicable, workers' compensation insurance for any
employee or agent of Consultant rendering Services to the City under this Agreement. Consultant
further understands and agrees that Consultant's or sub -consultants' use or entry upon City
properties shall not in any way change its or their status as an Independent Consultant.
The Consultant does not have the power or authority to bind the City in any promise,
agreement, or representation other than specifically provided for in this Agreement.
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21. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities, and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in
applicable laws or regulations, upon thirty (30) days written notice to the Consultant.
22. FORCE MAJEURE
A "Force Majeure Event" shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters,
epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo.
In the event that either party is delayed in the performance of any act or obligation pursuant to or
required by the Agreement by reason of a Force Majeure Event, the time for required completion
of such act or obligation shall be extended by the number of days equal to the total number of days,
if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay
in performance shall give notice in writing, within two (2) days of the Force Majeure Event, to the
other party specifying the anticipated duration of the delay, and if such delay shall extend beyond
the duration specified in such notice, additional notice shall be repeated no less than monthly so
long as such delay due to a Force Majeure Event continues. Any party seeking delay in
performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing
such delay and shall cooperate with the other party to overcome any delay that has resulted.
23. CITY NOT LIABLE FOR DELAYS
Consultant hereby understands and agrees that in no event shall the City be liable for, or
responsible to Consultant or any sub Consultant, or to any other person, firm, or entity for or on
account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever
related thereto, because of any injunction or other legal or equitable proceedings or on account of
any delay(s) for any cause over which the City has no control. The sole remedy which may be
granted to the Consultant, in the reasonable discretion of the City Manager, following a prompt
and detailed request to be officially transmitted by the Consultant is an extension of time. No other
recourse or remedy will be available to the Consultant against the City.
24. USE OF NAME
Consultant understands and agrees that the City is not engaged in research for advertising,
sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of
normal and customary marketing and promotion of its work, to use the general results of this
project and the name of the City. The Consultant agrees to protect any confidential information
clearly marked confidential provided by the City and will not release information of a specific
nature without prior written consent of the City Manager or the City Commission.
25. NO CONFLICT OF INTEREST
Pursuant to City of Miami Code Section 2-611, as amended ('City Code"), regarding
11
conflicts of interest, Consultant hereby certifies to the City that no individual member of
Consultant. no employee, and no sub -consultant under this Agreement nor any immediate family
member of any of the same is also a member of any board, commission, or agency of the City.
Consultant hereby represents and warrants to the City that throughout the term of this Agreement,
Consultant, its employees, and its sub -consultants will abide by this prohibition of the City Code.
26. NO THIRD -PARTY BENEFICIARY
No persons other than the Consultant and the City (and their successors and assigns) shall
have any rights whatsoever under this Agreement.
27. SURVIVAL
All obligations (including but not limited to indemnity and obligations to defend, save and
hold harmless) and rights of any party arising during or attributable to the period prior to expiration
or earlier termination of this Agreement shall survive such expiration or earlier termination.
28. TRUTH -IN -NEGOTIATION CERTIFICATION. REPRESENTATION AND
WARRANTY
Consultant hereby certifies, represents and warrants to the City that on the date of
Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force
and effect, the wage rates and other factual unit costs supporting the compensation to Consultant
under this Agreement are and will continue to be accurate, complete, and current. Consultant
understands, agrees and acknowledges that the City shall adjust the amount of compensation and
any additions thereto to exclude any significant sums by which the City determines the contract
price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage
rates and other factual unit costs. All such contract adjustments shall be made within one (1) year
of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the
provisions hereof.
29. E-VERIFY EMPLOYMENT VERIFICATION
By entering into this Agreement, Consultant and its subconsultants are jointly and severally
obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled
"Employment Eligibility." Consultant affirms that (a) it has registered and uses the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all
new employees of Consultant; (b) it has required all subconsultants to this Agreement to register
and use the E-Verify system to verify the work authorization status of all new employees of the
subconsultant; (c) it has an affidavit from all subconsultants to this Agreement attesting that the
subconsultant does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it
shall maintain copies of any such affidavits for the duration of the Agreement. Registration
information is available at: http://www.uscis.gov/e-verify. If the City has a good faith belief that
Consultant has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate
this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such
termination, Consultant agrees and acknowledges that it may not be awarded a public contract for
12
at least one year from the date of such termination and that Consultant shall be liable for any
additional costs incurred by the City because of such termination. In addition, if City has a good
faith belief that a subconsultant has knowingly violated any provisions of Sections 448.09(1) or
448.095, Florida Statutes, but Consultant has otherwise complied with its requirements under those
statutes, then Consultant agrees that it shall terminate the contract with the subconsultant upon
receipt of notice from the City of such violation by subconsultant in accordance with Section
448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in
the Circuit or County Court by the City, the Consultant, or subconsultant no later than twenty (20)
calendar days after the date of said termination.
30. CONFIDENTIALITY
Subject to the requirements of Chapter 119, Florida Statutes, Consultant agrees not to
disclose Confidential Information disclosed to it by the City. Confidential Information shall
include all information received by Consultant that is not available to the public and all information
identified as confidential by the City. For purposes of this Section, Confidential Information shall
not include any information that (a) is or becomes generally available to the public, other than as
a result of disclosure by Consultant; (b) becomes available to Consultant on a non -confidential
basis and not in the contravention of applicable law from a source that is not bound by a
confidential relationship by the City or by a confidentiality or other similar agreement; (c) was
known by Consultant on a non -confidential basis and not in a contravention of applicable law or
confidentiality or other similar agreement before its disclosure to Consultant; or (d) information
which must be disclosed pursuant to law.
31. ANTITRUST VIOLATOR VENDORS
A person or an affiliate who has been placed on the Antitrust Violator Vendors List
following a conviction or being held civilly liable for an antitrust violation may not submit a bid,
proposal, or reply on any agreement to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair
of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a grantee, supplier,
subcontractor, or consultant under an agreement with a public entity; and may not transact new
business with a public entity.
32. COUNTERPARTS: ELECTRONIC SIGNATURES
This Agreement may be executed in counterparts, each of which shall be an original as
against either party whose signature appears thereon, but all of which taken together shall
constitute but one and the same instrument. An executed facsimile or electronic scanned copy of
this Agreement shall have the same force and effect as an original. The Parties shall be entitled to
sign and transmit an electronic signature on 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.
13
33. ENTIRE AGREEMENT:
This instrument and its exhibits constitute the sole and entire agreement of the Parties
relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect.
SIGNATURE PAGE FOLLOWS
Remainder of page intentionally left blank.
14
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first above written.
ATTEST:
Elizabeth
By: McCawley
Digitally signed by Elizabeth
McCawley
Date: 2025.1 1.07 11:51:53
-05'00'
Name: Elizabeth McCawley
Title: Grants Officer III, FSU Sponsored Research
ATTEST:
Signed by:
,—DocuSigned by:
By: `— E 46 D 7560 D C F 1459...
Todd Hannon
City Clerk
"Consultant"
Florida State University
An individual over the age of 21 years old.
Kathy Pennington for Digitally signed by Kathy Pennington
for Stacey Patterson, VPR
By:Stacey Patterson, VPR Date: 2025.11.06 16:28:34 -05'00'
Name: Stacey Patterson
Title: Vice President for Research
"City"
CITY OF MIAMI,
a Florida municipal corporation
,—DocuSigned by:
a Novitlt
`— 850CF6C372DD42A...
By:
Arthur Noriega V
City Manager
APPROVED AS TO FORM AND APPROVED AS INSURANCE
CORRECTNESS:
,—DocuSigned by:
REQUIREMENTS:
Gt,ovr#c, WtIsol 111
`— 88776E9FE88248B...
By: By:
.—DocuSigned by:
Fratnk Gow1t,/7
`-27395C6318214E7...
George K. Wysong III David Ruiz
City Attorney
Initial
Risk Management Interim Director
EXHIBIT A
SCOPE OF SERVICES
CONSENSUS CENTER
`Facilitating Consensus Solutions, Supporting Collaborative Action."
Florida State University
UCC6140, 296 Champions Way, Tallahassee, FL 32306-2641
Phone: (850) 644-6320
SCOPE OF SERVICES IN SUPPORT OF
PUBLIC WORKSHOPS TO REVIEW POTENTIAL
TREE ORDINANCE REVISIONS AND TREE CANOPY ISSUES
FOR THE
CITY OF MIAMI, FLORIDA
The Consensus Center at Florida State University, in collaboration with the Orthon Group, proposes to
provide the following public outreach services in support of the City of Miami's consideration of revision to
the City's tree ordinance. Process design and facilitation services will be provided by Hal Beardall and Rafael
Montalvo, respectively Director and Associate Director of the Consensus Center. Web -based portal services
will be provided by the Orthon Group, led by Steven Smallpage, Director of the Center for Public Opinion
Research at Stetson University.
OVERVIEW OF SERVICES
All of the services described in this proposal will be conducted in ways that highlight points of agreement
or potential consensus among participants. This proposal is divided into two sections:
Phase 1 -- Initial Workshops and Related Activities This section describes the minimum set of services that
the team will provide to help the City solicit input on possible tree ordinance revisions and related tree
canopy issues.
Optional Phase 2 — Follow -Up Input and/or EngagementThis section describes additional services that may
be provided, at the City's discretion, after the Phase 1 activities. These services would allow residents to:
• Jointly explore ways the City might respond to Phase 1 input
• Provide input on measures the City may consider in response to Phase 1 input
INITIAL WORKSHOPS AND RELATED SERVICES
Initial Interviews with Stakeholder Group and Community Representatives
The Consensus Center will conduct initial interviews with up-to-10 community and stakeholder group
members and others as directed. The purpose of the initial interviews will be to:
• Review and answer questions about upcoming workshop discussions
• Identify and explore issues that members believe should be addressed in the process
The Consensus Center will prepare a report summarizing, without attribution, the issues and suggestions
identified in the interviews. The summary will include a draft agenda and plan for the sessions that reflects
information gathered in the interviews.
Coordination with City Staff and Materials Preparation for Community Workshops and Web Portal
The Consensus Center will work closely with City staff throughout the process to:
• Review background materials, including ordinances, summaries of previous workshops, and other
relevant materials
• Develop a framework, agenda, and worksheets as needed to support workshop discussions
• Help design visuals and other materials that allow participants to understand information and
issues related to canopy management in the City of Miami
• Assist with other planning and preparation tasks as appropriate
Community Workshops
The Consensus Center will design and facilitate five in -person workshops, one in each of the districts
identified by city staff. These workshops will:
• Provide information needed to understand the range of City ordinances and programs that impact
tree canopy in the city
• Provide information about proposed revisions to the City of Miami tree ordinance
• Engage participants in identifying concerns, related to tree canopy management and specifically to
the tree proposed ordinance revisions
• Engage participants in identifying potential ways to address the identified concerns
Workshop Reports
The Center will prepare a brief summary of each of the Community Workshops that documents key points
of discussions and conclusions for that workshop. The Center will prepare a final report that summarizes
key discussions and conclusions, and outlines themes, across the workshop series.
Web -Based Comment Portal
To provide as many stakeholders as possible the opportunity to comment, the Orthon Group in partnership
with the FCRC Consensus Center, will design, develop and maintain a web -based portal for public comment,
accessible via QR code and from participating county and water management district websites.
The portal will be open for a minimum of four weeks or as directed by the City. It will provide background
information about the tree Ordinance and other City ordinances and programs affecting the urban canopy.
The portal will collect responses to closed questions and open-ended questions, allowing users to comment
on potential changes to the ordinance and to offer observations relevant to urban canopy issues generally.
The portal will include features to minimize the possibility of individuals submitting input more than once
and distinguish demographic and other characteristics of respondent groups.
After the end of the input collection period, the Orthon Group will provide a report analyzing the responses.
Analysis of open-ended responses will be conducted using the Orthon Group's proprietary AI -assisted
thematic content analysis methodology, which is suited to analyzing large numbers of open-ended
responses. The report will identify themes and associations of ideas and positions within the responses,
and the frequency with which they occur. These services will be provided by:
Dr. Steven Smallpage, PhD, Director, Center for Public Opinion Research
Associate Professor of Political Science
Dr. Robert Askew, MPH PhD
Associate Professor of Psychology
Dr. Joshua Eckroth, PhD
Associate Professor of Computer Science and Mathematics
OPTIONAL PHASE 2 FOLLOW-UP INPUT AND/OR ENGAGEMENT
Some or all of the following would be provided, if appropriate in light of Phase 1 input and at the
discretion and direction of the City.
Advisory Committee
The Consensus Center would help the City Convene and facilitate up -to four meetings of a stakeholder
advisory committee to seek agreement on ways the City might build on Phase 1 input. An Advisory
Committee would be appropriate if the Phase 1 input indicated potential points of agreement in principle
which required further development or detail to be fully assessed by the City or residents.
Community Workshops
The Consensus Center would design and facilitate five additional in -person workshops, one in each of the
districts identified by City staff. These workshops will:
• Provide information needed to understand the range of City ordinances and programs that impact
tree canopy in the city
• Provide information about potential City responses to Phase 1 input, including updated revisions
to the Tree Ordinance
• Engage participants evaluating and providing input on the potential City responses
Web -Based Comment Portal
To provide residents and stakeholders the opportunity to comment on potential City responses to Phase 1
input, the Orthon Group in partnership with the FCRC Consensus Center, will revise the Phase 1 portal as
appropriate and provide an analysis of the resulting input.
Coordination with City Staff and Materials Preparation for Additional Workshops, Advisory Committee,
and Web Portal
The Consensus Center would work closely with City staff throughout the process to:
• Review background materials, including ordinances, summaries of previous workshops or meeting,
and other relevant materials
• Develop a framework, agenda, and worksheets as needed to support workshop or meeting
discussions
• Help design visuals and other materials that allow participants to understand information and
issues related to canopy management in the City of Miami
• Assist with other planning and preparation tasks as appropriate
Phase 2 Reports
The Center would prepare a brief summary of each of the Community Workshops and/or Advisory
Committee Meetings that documents key points of discussions and conclusions for that workshop or
meeting. The Center will prepare a final report that summarizes key discussions and conclusions, and
outlines themes, across the workshop and/or meeting series.
EXHIBIT B
COMPENSATION
COSTS FOR PROFESSIONAL TIME
All costs are based on a rate of $1,530 per facilitator per day
Phase I
Initial interviews and summary report $5,355
Coordination with staff and materials preparation $12,240
Community workshops $19,125
Interim and final reports $10,200
Web -based comment portal development and maintenance,
and analysis of responses $25,449
Total Phase 1 Professional Time
FSU Overhead (10% adjusted to stay within previous estimate)
$72,369
$7,095
Phase I Professional Time And Overhead $79,464
Some or all of the following will be provided, if appropriate in light
of Phase 1 input and at the discretion and direction of the City.
Phase 2
Coordination with staff and materials preparation $9,180
Advisory Committee $15,300
Phase 2 Community workshops $19,125
Interim and final reports $10,200
Web -based comment portal development and maintenance,
and analysis of responses $25,499
(Note: This amount assumes a complete redesign of the
portal will be needed for Phase 2. If less than a complete redesign is
appropriate, this amount will be reduced.)
Total Phase 2 Professional Time $79,304
FSU Overhead (10%) $7,930
Phase 2 Professional Time And Overhead $87,234
TRAVEL
Travel expenses will not exceed $13,600 and will be approved in advance by City staff and billed
separately at cost plus overhead, and consistent with State of Florida guidelines. Estimates are based on
the following:
Phase I
Community workshops
2 roundtrips (4 days 3 nights each) from Tallahassee at $1,100 each
2 roundtrips (4-days 3 nights each) from DeLand at $900 each
Phase 2
Community workshops
2 roundtrips (4 days 3 nights each) from Tallahassee at $1,100 each
2 roundtrips (4-days 3 nights each) from DeLand at $900 each
Advisory Committee
4 roundtrips (2 days 1 night each) from Tallahassee at $800 each
4 roundtrips (2-days 1 night each) from DeLand at $600 each
Total Not -To -Exceed for Travel
TOTAL POTENTIAL PROJECT COSTS INCLUDING ALL OPTIONAL SERVICES
AND RELATED TRAVEL
$2,200
$1,800
$2,200
$1,800
$3,200
$2,400
$13,600
$180,298
EXHIBIT C
INSURANCE REQUIREMENTS
The Provider is self -insured subject to the limitations and provisions of Section 768.28
of the Florida Statutes.
Exhibit D
RESOLUTION
(This Resolution needs to authorize the signatory to sign)
WHEREAS, Florida State University (FSU), a state funded public institution qualified to
do business in Florida, desires to enter into a Professional Services Agreement ("Agreement") with
the City solely for the limited purposes of performing the services as described in the Agreement
to which this Resolution is attached; and
NOW, THEREFORE, BE IT RESOLVED that FSU is authorized to enter into the
Agreement with the City, and that Stacey Patterson, as the authorized signatory of FSU, is hereby
authorized and directed to execute the Agreement, in the name and on behalf of FSU, with the City
and to execute any other document and perform any acts in connection therewith as may be
required to accomplish its purpose.
DA 1LD this 6 day of November , 2025.
Kathy Pennington for Digitally signed by Kathy Pennington
for Stacey Patterson, VPR
Stacey Patterson, VPR Date: 2025.11.06I6:30:35-05'00'
Print Name: Stacey Patterson
Vice President for Research
AGENDA ITEM SUMMARY FORM
File ID: #17856
Date: 07/07/2025
Commission Meeting Date: 07/24/2025
Requesting Department: Department of
Building
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Execute PSA Agrmnt - FSU Consensus Center - Tree Ordinance
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO PROCUREMENT CODE SECTION 18-112, ESTABLISHING A
COLLABORATION BETWEEN THE CITY OF MIAMI ("CITY") AND FLORIDA STATE
UNIVERSITY ("FSU"), TO WORK WITH THE BUILDING DEPARTMENT TO PROVIDE
PUBLIC OUTREACH SERVICES IN SUPPORT OF THE CITY'S CONSIDERATION OF
REVISIONS TO THE CITY'S TREE ORDINANCE, ALLOCATING FUNDS FROM THE
BUILDING DEPARTMENT'S GENERAL FUND ACCOUNT, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR A ONE (1) YEAR TERM IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN
PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -
DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH
IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE
NECESSARY FOR SAID PURPOSE.
Background of Item:
The City is currently in the process of proposing amendments to its tree ordinance
found in Chapter 17 of the City Code.
Following lengthy public discussion concerning the proposed amendments to the tree
ordinance and its broader implications for urban canopy preservation, the City believes
it is in its best interest to engage FSU to initiate a public outreach and engagement
process related to the proposed amendments.
The City further believes it is in its best interest to use FSU as an impartial third party to
design and facilitate this process to ensure broad participation and build community
consensus.
The City's collaboration with FSU in this regard will assist in ensuring the effectiveness
and clarity of the proposed tree ordinance amendments, the equitable distribution and
maintenance of tree canopy across all districts, and the need to solicit comprehensive
input from residents, community groups, and stakeholders before considering any
ordinance revisions.
The City Administration thus recommends the collaboration between the City and FSU,
through its Consensus Center and in collaboration with the Orthon Group, to work with
the Building Department on the preparation of public outreach services in support of the
City's consideration of revisions to its tree ordinance, allocating funds from the Building
Department's General Fund Account, subject to the availability of funds and budgetary
approval at the time of need.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No: 04004.282000.531000.0000.00000
Department of Building
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
City Manager's Office
Office of the City Attorney
Legislative Division
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
Eduardo Santamaria
Carolina Aguila
Marie Gouin
Asael Marrero
Natasha Colebrook -Williams
Arthur Noriega V
Thomas M. Fossler
Valentin J Alvarez
George K. Wysong III
Maricarmen Lopez
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
City Manager Review
ACA Review
Legislative Division Review
Approved Form and Correctness
Meeting
Rendered
Completed
Skipped
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
07/10/2025 2:58 PM
07/14/2025 11:31 AM
07/15/2025 8:50 AM
07/15/2025 4:53 PM
07/15/2025 7:11 PM
07/15/2025 7:37 PM
07/15/2025 7:41 PM
07/15/2025 7:48 PM
07/15/2025 8:10 PM
07/24/2025 9:00 AM
07/30/2025 1:57 PM
City of Miami
Legislation
Resolution
Enactment Number: R-25-0280
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17856 Final Action Date:7/24/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-
112 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), APPROVING THE PURCHASE OF PUBLIC OUTREACH SERVICES IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND TWO HUNDRED
NINETY EIGHT DOLLARS ($180,298.00) FROM FLORIDA STATE UNIVERSITY
("FSU") TO SUPPORT OF THE CITY OF MIAMI'S ("CITY") CONSIDERATION OF
REVISIONS TO THE CITY'S TREE ORDINANCE; ALLOCATING FUNDS FROM THE
BUILDING DEPARTMENT'S GENERAL FUND ACCOUNT, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FSU FOR
THE SERVICES FOR A TERM OF ONE (1) YEAR; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVAL, AND IN COMPLIANCE WITH
APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), INCLUDING, THE CITY'S PROCUREMENT ORDINANCE,
ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET
FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH
APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") is currently in the process of proposing
amendments to its tree ordinance found in Chapter 17 of the Code of the City of Miami, Florida,
as amended ("City Code"); and
WHEREAS, following lengthy public discussion concerning the proposed amendments
to the tree ordinance and its broader implications for urban canopy preservation, the City
believes it is in its best interest to engage Florida State University ("FSU") to initiate a public
outreach and engagement process related to the proposed amendments ("Services"); and
WHEREAS, the City further believes it is in its best interest to use FSU as an impartial
third party to design and facilitate this process to ensure broad participation and build
community consensus; and
WHEREAS, the City's collaboration with FSU in this regard will assist in ensuring the
effectiveness and clarity of the proposed tree ordinance amendments, the equitable distribution
and maintenance of tree canopy across all districts, and the need to solicit comprehensive input
from residents, community groups, and stakeholders before considering any ordinance
revisions; and
WHEREAS, Section 18-112 of the Code of the City of Miami, Florida, as amended ("City
Code") provides that the City shall be exempt from all competitive bidding procedures when it
enters into an agreement with other governmental agencies or state funded institutions for the
purchase of services, provided that City Commission approves the purchase of services in
excess of $50,000.00; and
WHEREAS, the City Administration thus recommends the collaboration between the City
and FSU, through its Consensus Center and in collaboration with the Orthon Group, to work
with the Building Department on the preparation of public outreach services in support of the
City's consideration of revisions to its tree ordinance, allocating funds from the Building
Department's General Fund Account, subject to the availability of funds and budgetary approval
at the time of need;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to Section 18-112 of the City Code, the purchase of the Services in
an amount not to exceed One Hundred Eighty Thousand Two Hundred Ninety Eight Dollars
($180,298.00) from FSU to support of the City's consideration of revisions to the City's tree
ordinance is hereby approved.
Section 3. Funds are hereby allocated from the Building Department's General Fund
Account, subject to the availability of funds and budgetary approval at time of need.
Section 4. The City Manager is authorized' to negotiate and execute an agreement, in a
form acceptable to the City Attorney, with FSU for the Services for a term of one (1) year.
Section 5. The City Manager is further authorized' to negotiate and execute all other
documents, including any amendments, renewals, and extensions, all in forms acceptable to the
City Attorney, subject to allocations, appropriations, prior budgetary approval, and in compliance
with applicable provisions of the City Code, including, the City's Procurement Ordinance, Anti -
Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code,
and in compliance with applicable regulations, as may be necessary for said purpose.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ge°.W
ty ttor -y 7115/2025
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
Olivera, Rosemary
From: Hannon, Todd
Sent: Wednesday, November 19, 2025 1:45 PM
To: Olivera, Rosemary
Cc: Ewan, Nicole
Subject: FW: Completed: Complete with Docusign: City of Miami PSA with FSU re: Tree
Ordinance Process
Attachments: Complete_with_Docusign_City_of_Miami_PSA_wit.pdf
Hi Rosemary,
Pursuant to the email below, attached is an attested agreement to be considered an original for our records.
Thank you!
Todd B. Hannon
City Clerk
Office of the City Clerk
City of Miami
P: 305-250-5366
F: 305-858-1610
E: thannon@miamigov.com
W. www.miamigov.com/cityclerk
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From: Fernandez-Stiers, Melissa <mfstiers@miamigov.com>
Sent: Wednesday, November 19, 2025 12:59 PM
To: Hannon, Todd <thannon@miamigov.com>
Cc: Ewan, Nicole <newan@miamigov.com>; Santamaria, Eduardo <ESantamaria@miamigov.com>
Subject: FW: Completed: Complete with Docusign: City of Miami PSA with FSU re: Tree Ordinance Process
Todd:
I hope all is well. Please accept the attached as the original copy for the above -referenced agreement for
your records.
Thank you,
Melissa Fernandez-Stiers, Esq.
Assistant Director —Administration
Building Department
444 SW 2nd Ave., 4th Floor
Miami, FL 33130
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Telephone: 305.416.1100
Email: MFStiers@miamigov.com
From: DocuSign NA3 System <dse_NA3@docusign.net>
Sent: Tuesday, November 18, 2025 9:20 PM
To: Fernandez-Stiers, Melissa <mfstiers@miamigov.com>
Subject: Completed: Complete with Docusign: City of Miami PSA with FSU re: Tree Ordinance Process
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All signers completed Complete with Docusign: City of Miami PSA with FSU re: Tree
Ordinance Process
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