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HomeMy WebLinkAbout24373AGREEMENT INFORMATION AGREEMENT NUMBER 24373 NAME/TYPE OF AGREEMENT FLORIDA INTERNANTIONAL UNIVERSITY DESCRIPTION PREMISES USE AGREEMENT / USE PREMISES TO PARK THE LINDA FENNER 3D MOBILE MAMMOGRAPHY CENTER AND CONDUCT ON -SITE SCREENINGS FOR CITY RESIDENTS/MATTER ID: 22-2608 EFFECTIVE DATE October 18, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/18/2022 DATE RECEIVED FROM ISSUING DEPT. 4/21/2023 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Park and Recreation DEPT. CONTACT PERSON: LaCleveia Morley EXT. 305.416.1332 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida International University (Herbert Wertheim College of Medicine) S� IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: E MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT E EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Premises Use Agreement PURPOSE OF ITEM (BRIEF SUMMARY): To execute the Use Agreement authoring the FIU Herbert Wertheim College of Medicine the ability to use City of Miami Properies ( Roberto Clemente and the Little Haiti Cultural Center) to park the Linda Fenner 3D Mobile Mammography Center and conduct on -site screenings for City residents. COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 10-17-2022 PRINT: Barbara Hernandez SIGNATURE SUBMITTED TO RISK MANAGEMENT PRINT: Gmm ally signed �Rlrl'- t IIB �rgtk SIGNATURFF rank Date: 2022.10.17 13:40:20-04'00' SUBMITTED TO CITY ATTORNEY 10/17/2022 P T: Victor endez. ___- ID 22-2E APPROVAL BY ASSISTANT CITY MANAGER PRINT: - Williamsolebrook illia SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER PRINT: Art Non -c - SIGNATURE: PRINT: II SIGNATURE:1 PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT 08 PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER THE LINDA FENNER 3D MOBILE MAMMOGRAPHY CENTER Florida International University Herbert Wertheim College of Medicine (FIU HWCOM) aims to drive out breast cancer in uninsured women in Miami -Dade County by providing barrier -free screening mammograms and follow-up diagnostic services when required. For the FIU HWCOM Linda Fenner 3D Mobile Mammography Center (Mobile Mammography Center), every month is "October for Breast Cancer Awareness." This principle drives us every day to overcome transportation, financial, insurance, and language barriers so that every uninsured woman in Miami -Dade County has access to a screening mammogram and diagnostic services through our Breast Health Navigator as well as breast education. The Mobile Mammography Center goes directly into neighborhoods where the target population resides by collaborating with over 20 organizations that refer uninsured women for screening mammograms. Through a generous donation from the Braman Family Foundation and the Batchelor Foundation, the Mobile Mammography Center targets uninsured women throughout Miami -Dade County. From November 2014 through September 2022, we have performed over 6000 screening mammograms. The breast health navigator supports women who need follow-up diagnostic services. https://mammography.fiu.edu FluGNeighborhoodHELPreen Family Foundation ea FLORIDA INTERNATIONAL UNIVERSITY LINDA FENNER 3D MOBILE MAMMOGRAPHY CENTER ELIGIBILTIY CRITERIA January 2022 The eligibility criteria are: • 40 years old and above ➢ Have not had a mammogram within the last year ➢ No history of breast cancer ➢ No breast symptoms such as lumps or bumps, nipple discharge, skin changes, or changes in the appearance of your breast such as dimpling, swelling, or shrinkage ➢ Not pregnant or breastfeeding ➢ Bring your most recent mammogram on CD (if applicable) ➢ Bring a picture ID ➢ Uninsured ➢ Lives in Miami -Dade County ➢ If you have received the COVID Vaccine/Booster, please wait 6 weeks after your second dose or booster dose to schedule your screening mammogram For information or schedule an appointment call: 305-FIU-PINK mammography.fiu.edu PREMISES USE AGREEMENT THIS PREMISES USE AGREEMENT (the "Agreement") is made and entered into as of the latest signature date below (the "Effective Date") by and between The Florida International University Board of Trustees, on behalf of its Herbert Wertheim College of Medicine, whose business address is 11200 S.W. 8th Street, Miami, Florida 33139, ("FIU") and City of Miami, whose business address is 444 SW Second Avenue, Miami FL 33130, ("Owner"). RECITALS WHEREAS, Owner has control of the following described premises ("Premises"): SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE WHEREAS, FIU operates the Green Family Foundation NeighborhoodHELP (the "Program") as part of its medical school curriculum, including having students treating and following the medical needs of members from various communities of need; and WHEREAS, FIU wishes to use the Premises from time to time for the purpose of parking a mobile clinic for the operation of the Program; and WHEREAS, Owner is willing to permit FIU to use the Premises, free of charge, upon the following terms and conditions; NOW THEREFORE, in consideration of the mutual covenants provided herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties do agree as follows: 1. Recitals. The above recitations are true and correct and incorporated herein by this reference. 2. Use of Premises. FIU may use the Premises solely for purpose(s) of parking its mobile clinic vehicle to conduct the Program. Owner agrees that in connection with the foregoing community participants of the Program shall be permitted to use the restrooms and other facilities located around the Premises while waiting to be seen by the Program staff. 3. Term/Time-Frame. The term of this Agreement shall be consistent with the three (3) special event permits to be issued by the Manager's Office or designee for October 23, 30, and November 6, 2022. 4. General Conditions of Use. Each party hereto agrees that its employees, contractors, agents, representatives, invitees and each of its participants (to the extent applicable) shall comply with each of the following terms and conditions during the term hereof: a. FIU, its employees, contractors, agents, representatives, invitees and/or each of its participants are responsible for the proper use and care of the Premises. b. FIU shall leave the Premises in the same condition as received by FIU after each use, reasonable wear and tear excepted. c. Owner acknowledges that the Premises have the capacity and capability to accommodate the use contemplated under this Agreement. 5. Security. The Owner does not provide security of property, equipment or materials. FIU may provide security for its property and employees, contractors, agents, representatives, invitees and other guests present at the Premises on its behalf. 6. Insurance/Liability. FIU is a self -insured entity with a general liability risk management program including the administration of general liability claims, settlement of claims, a claims prevention program and trust fund pursuant to Florida law. FIU shall maintain these programs throughout the Agreement term. Each party agrees to be (i) fully responsible for its acts of negligence or its employees' acts of negligence when acting within the course and scope of their employment; and (ii) liable for any damages resulting from said negligence. The foregoing shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that statute whereby neither party shall 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 said party arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be construed as making either party responsible for any liability or claim arising out of the negligent performance or failure of performance of the other party or as a result of the negligence or failure of performance of any third party. Further, nothing contained herein shall be construed or interpreted as: i) denying either party or other state or public entity any remedy or defense available under the laws of the State of Florida; ii) the consent of either party to be sued; or iii) a waiver of sovereign immunity of either party beyond the waiver described herein and provided in §768.28, Florida Statutes. 7. Independent Contractor. FIU is an independent contractor, and neither FIU nor FIU's employees, contractors, agents, or other representatives shall be considered employees, contractors, agents or representatives of Owner. 8. Termination. If Owner fails to fulfill any obligation specified in this Agreement, or the intended use or activity to be conducted is not as described in this Agreement, FIU may cancel this Agreement upon written notice to Owner. FIU shall have no liability for such cancellation. Additionally, FIU may terminate this Agreement, at its sole discretion and for any reason whatsoever, upon providing Owner ten (10) days prior written notice of termination. 9. No Joint Venture. FIU acknowledges and agrees that Owner's sole role in this matter is to authorize FIU to use Owner's Premises for the purposes provided herein. This is not a joint venture between FIU and Owner. FIU shall be solely responsible for conducting its Program and for supervising its employees, contractors, agents, representatives, invitees and participants at all times while on Owner's Premises. 10. Miscellaneous. a. No Assignment. Neither party may assign this Agreement without the prior written consent of the other party, which may be withheld by the other party in its sole discretion. b. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto. c. Severability. If any Agreement provision or application thereto to any circumstance is held to be invalid or unenforceable, such provision shall be ineffective and the remainder of this Agreement shall remain valid and enforceable. d. Governing Law/Venue. This Agreement is governed by the laws of the State of Florida. Exclusive jurisdiction and venue of any actions arising out of this Agreement shall be in Miami -Dade County, Florida. e. Waiver. The waiver by either party of a breach of a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof. f. Survival. Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and continue to be effective and enforceable. g. Entire Agreement/Amendments. This Agreement constitutes the entire agreement between the parties, and supersedes any prior understandings. This Agreement may be amended only by written amendments duly executed by the parties. h. Compliance with Applicable Laws. The parties shall comply with all applicable federal, state and local laws in performing the Agreement terms. This Agreement is subject to the applicable laws, rules and regulations of the State of Florida, and any of its agencies, including the rules of FIU. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. To the extent permissible under Florida law, a facsimile/electronic (e.g. sent as a PDF attached to an email) signature shall be deemed to constitute an original signature for the purposes of this Agreement. 3 The parties execute this Agreement as of the date written below each signature block and each party executing this Agreement warrants and represents that it is authorized by its respective entity to execute a binding Agreement. OWNER: City of Miami By: Name: Arthur ,. 'ega Title: City Manager Date: /0(aid- ATTEST: ame: Todd B. -I�annc Title: City Clerk APPROVS6DOAS TO 111 eZ15�41MAd 1 1 1 by Gomez, Frank Date: 2022.10.17 By: , Frank 13:49:54-04'00' Name: Ann -Marie Sharpe Title: Director of Risk Management FIU: THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES By: Name: Aime Martinez Title: Interim CFO Date: APPROVED AS TO FORM AND CORRECTNESS: By: avast.. Name: Victoria Mendez Title: City Attorney TMF MID 22-2608 4 EXHIBIT A The specific location of the FIU Mobile Health Center will be at The Little Haiti Cultural Center. The site contact is Ed Duffle and can be reached at 305-960-2971. 5 PREMISES USE AGREEMENT THIS PREMISES USE AGREEMENT (the "Agreement") is made and entered into as of the latest signature date below (the "Effective Date") by and between The Florida International University Board of Trustees, on behalf of its Herbert Wertheim College of Medicine, whose business address is 11200 S.W. 8th Street, Miami, Florida 33139, ("FIU") and City of Miami, whose business address is 444 SW Second Avenue, Miami FL 33130, ("Owner"). RECITALS WHEREAS, Owner has control of the following described premises ("Premises"): SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE WHEREAS, FIU operates the Green Family Foundation NeighborhoodHELP (the "Program") as part of its medical school curriculum, including having students treating and following the medical needs of members from various communities of need; and WHEREAS, FIU wishes to use the Premises from time to time for the purpose of parking a mobile clinic for the operation of the Program; and WHEREAS, Owner is willing to permit FIU to use the Premises, free of charge, upon the following terms and conditions; NOW THEREFORE, in consideration of the mutual covenants provided herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties do agree as follows: 1. Recitals. The above recitations are true and correct and incorporated herein by this reference. 2. Use of Premises. FIU may use the Premises solely for purpose(s) of parking its mobile clinic vehicle to conduct the Program. Owner agrees that in connection with the foregoing community participants of the Program shall be permitted to use the restrooms and other facilities located around the Premises while waiting to be seen by the Program staff. 3. Term/Time-Frame. The term of this Agreement shall be consistent with the three (3) special event permits to be issued by the Manager's Office or designee for October 23, 30, and November 6, 2022. 4. General Conditions of Use. Each party hereto agrees that its employees, contractors, agents, representatives, invitees and each of its participants (to the extent applicable) shall comply with each of the following terms and conditions during the term hereof: a. FIU, its employees, contractors, agents, representatives, invitees and/or each of its participants are responsible for the proper use and care of the Premises. b. FIU shall leave the Premises in the same condition as received by FIU after each use, reasonable wear and tear excepted. c. Owner acknowledges that the Premises have the capacity and capability to accommodate the use contemplated under this Agreement. 5. Security. The Owner does not provide security of property, equipment or materials. FIU may provide security for its property and employees, contractors, agents, representatives, invitees and other guests present at the Premises on its behalf. 6. Insurance/Liability. FIU is a self -insured entity with a general liability risk management program including the administration of general liability claims, settlement of claims, a claims prevention program and trust fund pursuant to Florida law. FIU shall maintain these programs throughout the Agreement term. Each party agrees to be (i) fully responsible for its acts of negligence or its employees' acts of negligence when acting within the course and scope of their employment; and (ii) liable for any damages resulting from said negligence. The foregoing shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that statute whereby neither party shall 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 said party arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be construed as making either party responsible for any liability or claim arising out of the negligent performance or failure of performance of the other party or as a result of the negligence or failure of performance of any third party. Further, nothing contained herein shall be construed or interpreted as: i) denying either party or other state or public entity any remedy or defense available under the laws of the State of Florida; ii) the consent of either party to be sued; or iii) a waiver of sovereign immunity of either party beyond the waiver described herein and provided in §768.28, Florida Statutes. 7. Independent Contractor. FIU is an independent contractor, and neither FIU nor FIU's employees, contractors, agents, or other representatives shall be considered employees, contractors, agents or representatives of Owner. 8. Termination. If Owner fails to fulfill any obligation specified in this Agreement, or the intended use or activity to be conducted is not as described in this Agreement, FIU may cancel this Agreement upon written notice to Owner. FIU shall have no liability for such cancellation. Additionally, FIU may terminate this Agreement, at its sole discretion and for any reason whatsoever, upon providing Owner ten (10) days prior written notice of termination. 2 9. No Joint Venture. FIU acknowledges and agrees that Owner's sole role in this matter is to authorize FIU to use Owner's Premises for the purposes provided herein. This is not a joint venture between FIU and Owner. FIU shall be solely responsible for conducting its Program and for supervising its employees, contractors, agents, representatives, invitees and participants at all times while on Owner's Premises. 10. Miscellaneous. a. No Assignment. Neither party may assign this Agreement without the prior written consent of the other party, which may be withheld by the other party in its sole discretion. b. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto. c. Severability. If any Agreement provision or application thereto to any circumstance is held to be invalid or unenforceable, such provision shall be ineffective and the remainder of this Agreement shall remain valid and enforceable. d. Governing Law/Venue. This Agreement is governed by the laws of the State of Florida. Exclusive jurisdiction and venue of any actions arising out of this Agreement shall be in Miami -Dade County, Florida. e. Waiver. The waiver by either party of a breach of a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof. f. Survival. Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and continue to be effective and enforceable. g. Entire Agreement/Amendments. This Agreement constitutes the entire agreement between the parties, and supersedes any prior understandings. This Agreement may be amended only by written amendments duly executed by the parties. h. Compliance with Applicable Laws. The parties shall comply with all applicable federal, state and local laws in performing the Agreement terms. This Agreement is subject to the applicable laws, rules and regulations of the State of Florida, and any of its agencies, including the rules of FIU. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. To the extent permissible under Florida law, a facsimile/electronic (e.g. sent as a PDF attached to an email) signature shall be deemed to constitute an original signature for the purposes of this Agreement. 3 The parties execute this Agreement as of the date written below each signature block and each party executing this Agreement warrants and represents that it is authorized by its respective entity to execute a binding Agreement. OWNER: FIU: City of Miami„ THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES By: Name` Arthur Nonega Title: City Manager 6( (4L) Date: ATTEST: ame: Todd B. Title: City Clerk APPROVED AS TO INSURANCE. Gomez, Digitany by Gomez, Frank By: Frank Date: 0' 13:39:36 36-04-04'00 Name: Ann -Marie Sharpe Title: Director of Risk Management By: Name: Aime Martinez Title: Interim CFO Date: APPROVED AS TO FORM AND CORRECTNESS: By: Name: Victoria Mendez Title: City Attorney TMF MID 22-2608 4 Q&/373 EXHIBIT A The specific location of the FIU Mobile Health Center will be at Charles Hadley Park and Roberto Clemente Park. The site contact is Christine King and can be reached at 786-718-2631. 5