HomeMy WebLinkAbout23553AGREEMENT INFORMATION
AGREEMENT NUMBER
23553
NAME/TYPE OF AGREEMENT
MIAMI-DADE COUNTY
DESCRIPTION
MEMORANDUM OF UNDERSTANDING/PARTICIPATE IN IMDC
UTILITY COORDINATION GIS VIEWER/FILE ID: 8501/R-21-
0034
EFFECTIVE DATE
August 10, 2021
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
4/23/2021
DATE RECEIVED FROM ISSUING
DEPT.
8/17/2021
NOTE
61.35.53
MEMORANDUM OF UNDERSTANDING BETWEEN MIAMFDADRCOUNTil AND
Tk CITV: OF:MIAMI
it 414
THIS MEMORANDUM OF liNDERSTANDINa(1`$A0IP, iS. inadeaS thi&Iti :day: of
;2021. "Effective :Dater), by and :between .Miaini;Dade County,: Florida,. a
subdivision of the State of Florida (hereinafter, the "Countn;',.audthe City of Miami,: a
municipality withrn Mi4riii7Dacie County (hereinafter, the "city;" and collectively Withthe County
and arty:Other govethinental agency or -inuidellidtity that subsequently signs ariMOU idefiti:cal: to
ti*mov, the 'Parties")
RECITALS
WHEREAS, the Parties aclOioWledgethat4 centralized data and. system sharing program.
will esia.theTaities With coordinated decialoii4itialdng.and:piddlifeinelitapetinitaend Cotinty-
widehasig; and
WHEREAS., such dodtdination iS.critibal in order to improve utiliy projeetedeirdinatiOn„
among various Miami;Dade.Countydepartinents, the City:of Miami. and. other partiesparticipating
iinthe iMDC Utility co.ordiriatioii.:015:Vicwpr.;:atid.
WHEREAS; in addition to the CitY,ether Municipalities within Mimi -Dade County -and
utilities that operate dir? itgliont 1\4 ade County may .cheopetqparticipate in the
Coordination GIS Viewer and will be, toofrect to sign:.ari:Ogreortotit identical:tothisrn
firder to partiCipate;': and
WI-TEREAS, the County, throngh Its Miami -Dade Water and :Sewer Department
("WASDr),. ha's deVelaped and will continue .ta iMDC CA -ordination GIS
Viewer, which will display. information aboutAip.coming: and: ongoing utility projeCts, including.:
specific pi bjea Otaijs:2_sgeb as.'.'project description;:startiand,end-dates;'pr,oject status, and project
iiianagertontaQtleottelatiokatid
WITMEAS„ the iMDC Utility Coordination GIS Viewer will provide a project time
interval tool tOVIew.ait,:p,rejbet8,.difrjrig any time Window Anda.potential project conflict:
alert:layetwben inultipletirojects share portion area and tinier:dine; and
WOMASr„Ithe04))0,0tilityCoOdin409:0GIS Vieweramong. other:features; allow
inunicipalities, and the.pUbliC;, the ability to: iinprove 17*taiining. atiarditiatidii -.a.oreas: the.Mirni
Dade County region .in orderto minimize construction impact to the residents of, the .County;
reduce project cost&by,•facilitatingyagreemerits.,amongparticWtingparties When projects share the
&ame. cope,;area and and assist With adherence • to roadwayAtor.ati)iiiint by' Viewing
completedproj ects -.and. dates' of completion; and
WHEREAS, the Parties may wish to enter into this MOU in order to provide a framework
and guidelines for the working relationship between the Parties and in order to specify the
responsibilities in data sharing, processes and services to be provided through the iMDC Utility
Coordination GIS Viewer,
NOW, THEREFORE, in consideration of the foregoing, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereby agree as follows:
l . Recitals. The foregoing recitals are hereby incorporated herein and made a part
hereof by this reference.
2. Obligations of the Parties. This MOU does not bind the Parties to commit funds
and/or personnel to the iMDC Utility Coordination GIS Viewer, but the Parties agree, subject to
the limitations of their respective charters, policies and statutes, to:
(a) share all available data and information related to the iMDC Utility
Coordination GIS Viewer with one another and the public;
(b) provide data and information for inclusion in the iMDC Utility Coordination
GIS Viewer, on a monthly basis through use of the established GIS data
templates, which data and information shall include, at a minimum, all roadway
utility projects, along with project specific information, at the very earliest point
a project has been identified necessary, whether funded or unfunded, and
updates through the entire project life cycle;
(c) coordinate the planning and implementation of the iMDC Utility Coordination
GIS Viewer;
(d) pursue joint funding opportunities for collective implementation of the iMDC
Utility Coordination GIS Viewer; and
(e) acknowledge that all municipalities within Miami -Dade County and all utilities
operating within Miami -Dade County that execute an MOU after the Effective
Date shall be considered Parties to this MOU without the need for any form of
approval from the City or amendment to this MOU.
In addition, the County will provide the iMDC Utility Coordination GIS Viewer to the Parties at
no cost; however, all code and software associated with the iMDC Utility Coordination GIS
Viewer shall be considered the property of the County and shall not be duplicated, sold or used
without the County's express permission. A link to the iMDC Utility Coordination GIS Viewer
will be available on various County websites and can be added to the websites of other participating
municipalities.
Page 2 of 5
3. Tenn/Termination. The term of this MOU shall commence on the Effective Date
and shall automatically renew annually for an initial five (5) year term, with two (2) five-year
options to renew. In order to exercise either or both of the options to renew, the City must advise
the County that it wishes to exercise its option to renew at least six (6) months in advance of the
expiration of this MOU. The Parties may terminate this MOU at any time for convenience upon
thirty (30) days' prior written notice to one another pursuant to the Notice provision set forth in
Paragraph 5 below. Termination of this MOU will also occur in the event that the Party ceases to
exist. In the event of termination, the iMDC Utility Coordination GIS Viewer, and any information
contained therein, shall be deemed the property of the County.
4. Inaccurate Information. If either the County or the City submits inaccurate data to
the iMDC Utility Coordination GIS Viewer, it shall be the responsibility of that Party to submit
corrected information with the next monthly report as stipulated in Paragraph 2(b) above upon
notice that the data is inaccurate. Failure to promptly correct inaccurate information upon notice
may result in termination of this MOU.
5. Notice: All notices hereunder shall be given by hand -delivery, electronic delivery,
overnight delivery or certified mail (return receipt requested), and shall be deemed delivered upon
receipt or refusal to accept delivery if addressed as follows:
County Miami -Dade Water & Sewer Department
Attn: Josenrique Cueto, P.E., Assistant Director
3071 S.W. 38 Avenue, Room 331
Miami, FL 33146
(786) 552- 8884
Josenrique.Cueto@Miami-Dade.gov
Miami -Dade Information Technology
Attn: Jose L. Lopez, Division Director
5680 S.W. 87 Avenue, Room 302
Miami, Florida 33173
Jose.Lopez5@miamidade.gov
City City of Miami
Attn: Mike Sarasti, CIO/Director of Innovation & Technology
444 SW 2 Avenue, 5 Floor
Miami, Florida 33130
(305) 416-1018
MSarasti@miarnigov.com
6. Entire Agreement: This MOU contains the entire agreement of the Parties hereto,
and, in executing and delivering this MOU, neither the County nor the City, or any of their agents
.or representatives, is relying on any warranties, representations, promises or statements not
contained herein.
Page 3 of 5
7. Counterparts: This MOU may be executed in one or more counterparts, each of
which shall be deemed to be an original but all of which shall constitute one and the same
agreement. Facsimile and/or electronic signatures on this MOU shall be deemed to be originals
for all purposes.
8. Severability: In the event any provision of this MOU is determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal
meaning or reconstructed as such authority determines, and the remainder of this MOU shall be
construed to be in full force and effect.
9. Dispute Resolution: This MOU shall be construed and enforced in accordance with
the laws of the State of Florida. In the event of any dispute that arises between the Parties, a
meeting shall be conducted between the Director of WASD and the City's Representative in order
to attempt to resolve the disagreement in good faith.
10. Indemnification: Each Party agrees to be fully responsible for its own act and
omissions and for those of its respective employees, while acting within the scope of the
employee's office or employment, to the extent permitted by Section 768.28, Florida Statutes.
Nothing herein shall be construed as consent by either Party to be sued by third parties in any
matter arising out of this MOU or any agreement or activity associated with this MOU. Nothing
herein shall be deemed to waive any irnrnunity granted to either Party pursuant to Section 768.28,
Florida Statues.
11. Public Records: All Parties shall comply with the State of Florida Public Records
Law, Section 119.07, Florida Statutes.
12. Headings: The headings and paragraph titles utilized throughout this MOU have
been placed herein as a matter of convenience only, and the same shall not be construed in
derogation of the language of the remaining provisions of this MOU.
13. Amendment: No amendment to this MOU, and no waiver of any of its terms and
conditions, shall be effective unless made in writing and duly executed by both the County and the
City.
14. No Partnership: Nothing in this MOU shall be deemed in any way to create
between the Parties any relationship of partnership, joint venture or association, and the Parties
disclaim the existence thereof.
15. Construction: This MOU shall not be construed more strictly against one Party
than against the other, merely by virtue of the fact that it may have been prepared by counsel for
one of the Parties, it being recognized that both the County and the City have contributed
substantially and materially to the preparation of this MOU.
Page 4 of 5
IN WITNESS WilERS00'. Miami -Dade County and •ft City of Miarraliave:dniy execatedthit MU as orthis
day andyear first above :widen.
ATTEST:
HARVEY RUVIN,
CLERK OFTFUFfg)ARD
MIA Nil,DA D5 COUNTY, FLQajDA
J3YIESBIARDO CQUNFY
COMMIS ONERS
By: By
perjitry.Clek.
A0Oro'kd by.CoilittylAtiortiey
As -to forrn andlegaksufficiency:
BS
kaJl.4047??_.r4.44e) 771.3C'
Assistant Con& Attorney •
. ATTEST:.
'TOO flatth‘.
Date:. ••
4-1 t
Approved byCity,Attortiey
As to form and legal:sufficiency::
0a.-4.4ta,4 7,)//1;f. alS/o
Victoria Mndez, City Attorney
CITY
BY:
Date:
Ounty'l layor
Arth4e1100, a V, CitylVilitiager
•D-.1
Approved as toltiturance:
Ann4farie Sharpe, Director -Risk Management
Date: Date:
CITY OF MIAMIt FLORIDA
INTER -DOME MEW:MAMMA
TO; Honorable Mayor and Members
Of the City-ComniissiOn
FROM; Arthyr tigaV
City Manager
pyit January 25, 2021 FILE:
SUBJEOT: 80StPtiOn �f !tern CA.6 iMDC
Utility Coordination
RaFEREt4OE*
ENcOSUfteS Revised Item CA,6 IMDC Utility
Cbordination
The Department -of Innovation. and Technology ("Doll') respectfully requests Item CA.6 —
Miami -Dade County and the City to participate in NOG, Utility coordination GIS Viewer be
substituted in the January 28, 2021 City Commission Meeting to reflect the correct term
language for the aforementioned agenda item years with the option to renew for 2
additional five-year terms).
cc: Natasha Colebrook -Williams, Assistant City Manager
Vicktyla Mendez, City Attorney
Todd B. Hannon, City Clerk
Michael Saratti, Director, Department of Innovation and Technology
Miriam. Santana, Agenda Coordinator
b,s1i4th-or) Mout
6Z :8 NV 8Z NW 1ZOZ
n
ell et izi(
City of Miami
Legislation
Resolution:
city.Hall
3500 Fan AffleriCaq Drip
Miami; FL 33133
www.mlamigov,com
File Number: 8501 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHEMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING ("IVIOU"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MIAMI-DADE COUNTY ("COUNTY") FOR AN INITIAL FIVE
(5) YEAR TERM, WITH THE OPTION TORENEW FOR TWO (2) ADDITIONAL
FIVE (5) YEAR TERMS TO PARTICIPATE IN THE IMDC UTILITY
COORDINATION GIS VIEWER AND DATABASE.
WHEREAS, On February 7, 2017, the:Miarni4;oade County ("COUnty") Beard of County
ComniisSioners adopted ResOlUtion RA39-17,,approving a farni:MeinOtandum Of
Understanding ("MOW) to allow the County and any government entity Wishing tO participate in
the IMDC Utility Coordination GIS Viewer and Database with a contract term of one (1) calendar
year with automatic renewals; and
WHEREAS, the IMDC Utility Cdordinatinn. GIS Viewer and Database, is a centralized
data system that contains road-way'utility project information; and
ii=1; 40.4
WHEREAS, the'County,throUgh its Miami -Dade Water and Sewer Departmcig
("WASD"), has developed and will contin0e:to Maintain the iMDC Utility COOrdinatitAIS`5;.
Viewer and Database, which will display information about upcoming and ongoing Wily
projects, including specific project details, such as project description, 'Start and enfOtes;o 1711
,project status, and project manager contact information, and =4.,
WH5REAS;,it is anticipated that multiple cities, and governmental agenci4141 C33 CP
participatein this data sharing system; and
WHEREAS, : the utilization of a centralized data and systarnsharing database will assist
City of Mianii,,Fjprida ("City") with coordinated decislammaNngand procurement of.permits; and
WHEREAS;, such coordination l'scritical :in order to Irpproye'utifity projects coordination
among the various entities and agencleS; and
WHEREAS, the City COMmiStion wistieS to enter intOa MOU With the County in order to
specifythe responsibilitieS in data sharing, processes and Services to be provided through the
iMDC Utilityebordination GISViewer and Database;
NOW, THEREFORE, BE:IT RESOLVED BY THE COMMISSION OF' THE :CITY OF
MIAMI, FLORIDA:
Section 1. Therecitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and Incorporated herein as If fully set forth in this Section.
Miyottniaml Pagel of2 Pilo ID.:- .850.1. alevistonkjPilatectOn04012021
File ID: 8501
. Enailthent Number:
Section 2, The City Manager is hereby. atIthotizedtto"egecute Memorandurn'of
Underatanding, in a form acceptable to the city Attorney, with Miami4)ade county for an Initial
five (5) /Opt term, with the option to renew for two (2) additional five (5) year terms to participate
in theIMDC Utility Coordination:GIS Viewierand Database.
Section 3.. ThiS Reacilittion shall badome effeotive krititediately :upOn' its.
APPROVED AS TO FORM AND, CORRECTNE$S:
deg. 1 y ttor ey visizort
The herein authorization IS further subject to:compliance with all recitliternerits'that rriay by imposed by
the City Attorney, including but not limited te,:those prescribed by applicable:City Charter and City Code
proyisions.
aly of MIMI Pogo 2 of 2 File ID: 8501 (Revision: ) Printed an: 1/20/2021
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