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Home My WebLink About24494AGREEMENT INFORMATION AGREEMENT NUMBER 24494 NAME/TYPE OF AGREEMENT FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES DESCRIPTION MEMORANDUM OF AGREEMENT/ACCESS TO MIAMI FIRE RESCUE FACILITIES/MATTER ID: 23-1179 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 6/26/2023 DATE RECEIVED FROM ISSUING DEPT. 6/27/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 178415BF-618F-4BB1-868E-6EF5E24BF6C1 CITY OF MIAMI DOCUMENT ROUTING FORM * I E111P O9Anu k 31.10 '1' U H ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Adrian Plasencia, Emergency Mgr/.Assist. Fire Chief. EXT. (305) 416-5402 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida International University 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 OTHER: (PLEASE SPECIFY) ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): install heat sensors at a number of fire stations for a study bring conducted by Dr Tiffany Troxler from the Florida International University, Department of Earth and Environment, in collaboration with Jane Gilbert (Miami -Dade County Chief Heat Officer) and Dr. Amy Clement (Department of Atmospheric Sciences 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__ (--Ds a p May 20, 2023 I PRINT:.JJOSE SIGNATURE: PH �� g�J BAN .E7MM-7FOT4513 SUBMITTED TO RISK MANAGEMENT June 7, 2023 I PRINT:ANN- 01:19:43 E SIGNATURE: AN11ig 4RPE T a,'& s. 7BA49B72r8b-6439... SUBMITTED TO CITY ATTORNEY (JCP / 23-1179) r—DocuSigned by: �%` `(_� - I �E03DB3DA03434D8... June 17, 2023 PR I SI Do�I 76ORI O��D _ ._ EI TE6 MENDEZ '' Iran ('. Perez APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER June 20, 2023 PRINT: ART I 15:36:00 EP SIGNATURE: NORIEGA -DocuSignedby: arf6r Nbleity' June 26, 2023 P I ��X0:23 SIGNATURJ: PRINT: SIGNATURE: PRINT: (—DocuSigned ED '—E46D7560DCF1459... by: -- 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT Docu Sign Envelope ID: 178415BF-618F-4BB1-868E-6EF5E24BF6C1 SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 178415BF-618F-4BB1-868E-6EF5E24BF6C1 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES FOR ACCESS TO MIAMI FIRE RESCUE FACILITIES THIS MEMORANDUM OF AGREEMENT, made and entered into on this day of , 20 , by and between the CITY OF MIAMI, FLORIDA, a Florida municipal corporation, whose principal address is located at 3500 Pan American Drive, Miami, FL 33133, hereinafter referred to as the "CITY", and THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, on behalf of its College of Arts, Sciences & Education, Department of Earth and Environment, hereinafter referred to as "FIU", whose principal address is 11200 SW 8th Street, Miami FL 33199, hereby acknowledge the following recitals: WHEREAS, FIU's College of Arts, Sciences & Education, Department 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 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 heat risk reduction efforts and policies, the CITY, through its department of Fire -Rescue ("MFR"), will allow FIU to place heat sensors on select MFR facilities to measure the 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 air quality sensors and related equipment for the express purpose of transmitting real time environmental measurements, is required on select MFR 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 ofthe foregoing, the CITY and FIU (collectively referred to as, "the Parties") agree as follows: 1. The CITY will provide FIU limited access to MFR's facilities at pre -arranged times, as mutually agreeable by the parties. 2. The CITY will allow limited space on MFR facilities for the installation of small PurpleAir Classic Air Quality Monitors and 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. 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 ofthe FIU Sensors, including connection to electrical supply wiring by an FIU vendor or representative at no cost to the CITY. 5. FIU shall operate, and maintain, at its own risk and expense, all of the FIU Sensors, hardware, and wiring installed on CITY's MFR facilities. 1 DocuSign Envelope ID: 178415BF-618F-4BB1-868E-6EF5E24BF6C1 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. Reserved. 8. FIU agrees to comply with all applicable federal, state, and local laws and ordinances or regulations which relate to this installation. 9. 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. 10. 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 MFR facilities for any purpose whatsoever unless there is an exigent circumstance that requires immediate action to make contact with or destroy the FIU Sensors. 11. 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. 12. This agreement shall be terminated at will upon written notification by either party. 13. Upon termination of this agreement by either party, the CITY shall grant FIU access onto the MFR facilities to recover the FIU Sensors and related hardware. 14. The terms of this agreement may only be modified in writing, signed by both parties hereto. [End of Terms] 2 DocuSign Envelope ID: 178415BF-618F-4BB1-868E-6EF5E24BF6C1 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: CITY OF MIAMI, THE FLORIDA INTERNATIONAL UNIVERSITY a Florida Municipal Corporation, BOARD OF TRUSTEES, DocuSigned by: alp N� y S60EF6E3-7-2 42A.._ Arthur Nonega, City Manager Date: June 20, 2023 1 15:36:00 EDT ATTEST: BY: Cr;ni,1GE1A54 ' FAfin7F DocuSigned by: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS DocuSigned by: By: VictonEnaiv%lendez City Attorney APPROVED AS TO INSURANCE REQUIREMENTS p—DocuSigned by: alAAA,—havtc, �I� avpc BY: '— 1ARA[L9RZd Rfifiddq Ann -Marie Sharpe, Director Department of Risk Management Digitally signed by Ana M.Villafana fA Villahna, o=Florida Ana M. Villafana aI n erairy,nmANEn, 03.gf . ;11339 3--04 By: ��=o= Ana M. Villafana, Associate Director Date: 5.2.2023 DocuSigned by: Read and acknowledged: Tiffany Troxler Associate Professor 2-Free-frt". /4.47d,24., Date: April 27, 2023 Counterparts and Electronic Signatures. 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. 3 Olivera, Rosemary From: Ramlal, Vishwani Sent: Tuesday, June 27, 2023 6:34 AM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Martinez, Maria; Plasencia, Adrian Subject: Matter ID# 23-1179 - Fire Stations - Heat Sensors Study Attachments: MOU Heat Sensors Agreement.pdf Good morning Todd, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, VISHWAN[ RAMLAL AMPBELL, MBA Administrative Assistant City of Miami Department of Fire Rescue Management Services Division Phone: 305.416.5465 Fax: 305-400-5327 Email: vra mla,l 1prnia m igov. corn Address: 1151 NW 7tStreet, Miami,. Florida 33136 1