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Agreement with President and Fellows of Harvard College 0 2 0 1 0 7 8 q AGREEMENT Between City of Miami Beach, Florida and President and Fellows of Harvard College This Firm Fixed Price Agreement("Agreement") is entered into by and between City of Miami Beach, Florida, with offices located at City of Miami Beach, 1700 Convention Center Drive,Miami Beach, FL 33139("Sponsor")and the President and Fellows of Harvard College, with offices located at Smith Campus Center, Suite 600, 1350 Massachusetts Avenue, Cambridge, MA 02138 ("Harvard"). In addition to the terms and conditions contained herein, the following documents are incorporated hereto and made a part of this Agreement: Attachment 1: Scope of Work Attachment 2: Budget Period of Performance The Period of Performance of this Agreement is July 1, 2015 — June 30, 2017 ("Agreement End Date")unless modified in accordance with Article 12. Firm Fixed Price The firm fixed price for Harvard's good faith performance of the Scope of Work is $99,998("Total Cost")to be disbursed in accordance with the following payment schedule: - $49,999 USD due upon execution of this agreement. - $49,999 USD due December 31,2015 Harvard Graduate School of Design will provide the services of its personnel,with a value of $150,000 in salaries, as an in-kind contribution, at no additional cost to the City. Notices Notices shall be forwarded to: Harvard Technical and Administrative Contacts Harvard Principal Investigator Charles Waldheim John E. Irving Professor of Landscape Architecture and Chair of the Department of Landscape Architecture Harvard University, Graduate School of Design 48 Quincy Street Cambridge, MA 02138 • Tel: 617-495-2367 Email: waldheim @gsd.harvard.edu Harvard Administrative Contact Heather Carey Senior Grants and Contracts Specialist Office for Sponsored Programs Richard A. and Susan F. Smith Campus Center, Suite 600 1350 Massachusetts Avenue Cambridge, MA 02138 Tel: 617-496-0232 Fax: 617-496-2524 Email: heather_carey@harvard.edu Ver.8.x.14 1 Sponsor Technical and Administrative Contacts Sponsor Program Director Jimmy L. Morales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach,FL 33139 jimmymorales@miamibeachfl.gov 305-673-7010 Sponsor Administrative Officer and Authorized Signatory Same as above. Other Terms and Conditions 1. Either Party may elect to terminate this Agreement, providing that it gives advance notice to the other Party, in writing, a minimum of 30(thirty)days prior to the date of termination. In the event of the early termination of the project, Harvard shall be entitled to reimbursement in full for the costs incurred up to the date of such termination and for costs incidental to the orderly liquidation of its services, including those non-cancelable obligations properly incurred prior to the effective date of termination. 2. Ownership of all materials developed by Harvard pursuant to this Agreement shall reside with Harvard. Harvard agrees to grant to Sponsor a royalty-free,worldwide, nonexclusive, irrevocable license to use, reproduce, disseminate and dispose of said material for non-commercial, academic or research purposes only. 3. Each party shall be responsible for its own negligent acts or legal wrong-doing and the negligent acts or legal wrong-doing of its employees, officers, and directors. 4. Neither Party shall use the name, emblem,or official seal of the other in any form of advertising or promotion without the prior written approval from an authorized representative of the Party whose name is requested to be used. The Parties may, however, reference Sponsor's support for, and the nature of,the Scope of Work being pursued under this Agreement. In any such statement, the relationship of the Parties shall be accurately and appropriately described. The parties agree to obtain approval from the other party prior to issuing press releases using the other party's logo in any manner. The identification, statement, or display of Harvard's name in any way that may reasonably be interpreted as implying endorsement, approval or sponsorship by the Harvard or one of its units, requires prior written approval from Harvard. 5. Neither party shall be liable for any failure to perform its obligations, or delay in the performance thereof, as a result of force majeure, meaning any event or cause beyond their reasonable control, including but not limited to governmental regulations,fire, flood,earthquake, elements of nature or acts of God, labor disputes, political instability, acts of war,terrorism, riots, civil disorders or rebellions or other revolutions. 6. Neither party to this Agreement may assign this Agreement, or any rights or obligations hereunder, without the prior consent of the other party except as expressly set forth herein. Any and all assignments made without such consent shall be void. Ver.8.5.14 2 7. For the purposes of this Agreement and all services to be provided hereunder, each party shall be an independent contractor and not an agent or employee of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for herein or authorized by the other party in writing. 8. THE PARTIES ACKNOWLEDGE THAT THE WORK IS FOR RESEARCH PURPOSES ONLY, AND THAT HARVARD MAKES NO WARRANTIES OR REPRESENTATIONS WHATEVER CONCERNING THE WORK OR ANY WORK PRODUCT, WITHOUT LIMITING THE FOREGOING, ALL WARRANTIES WITH RESPECT TO THE WORK AND WORK PRODUCT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT,ARE DISCLAIMED. 9. Educational Intent: Design Studios and Research Seminars at the Harvard Graduate School of Design have as their fundamental goal the instruction of students and their scholarly development. Students are encouraged to approach these courses with an open mind, unconstrained by specific objectives or defined products. While work performed in the classroom by either the students or the instructors does not constitute professional services, experience has shown that the body of the students' work often reveals informative and innovative insights into those design problems and opportunities facing licensed professionals. The GSD provides no institutional endorsement of the work or of the sponsor. 10. Any form of discrimination based on race, color, gender, sexual orientation, religion, age, national or ethnic origin, political beliefs or disabilities is contrary to the policies and principles of Harvard University, and shall be grounds for Harvard's withdrawal from the program. 11. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. No amendment, modification or discharge of this Agreement shall be valid or binding unless mutually agreed-upon in writing and signed by both parties. On behalf of the President and Fellows On behalf of the City o Miami Beach of Harvard College: 41, RSC Name: Name: Jimmy L.' Morales • Megan Moore Title: City anager Date: Grants and Contracts Officer Date: President and Fellows of Harvard College APPROVED AS TO FORM& LANGUAGE &F R ECUTION jeLL. 5L7:1 City Attorney Date Ver.8.5.14 3 N ; , Harvard University Graduate School of Design ATTACHMENT 1 Sponsored Studio on South Florida and Sea Level: Adaptive Strategies for Green Infrastructure,Landscape Ecology,and Cultural Heritage Between Sponsor: City of Miami Beach And Principal Investigator: Charles Waldheim John E. Irving Professor of Landscape Architecture and Chair of the Department of Landscape Architecture Harvard University,Graduate School of Design 48 Quincy Street Cambridge, MA 02138 Overview The Harvard Graduate School of Design and the City of Miami Beach are partnering on a two-year sponsored studio designed to study the impacts of and potential responses to sea level rise for coastal communities in South Florida.This studio will examine the implications of rising sea levels and increased storm events on the economy,ecology,infrastructure,and identity of Miami Beach in relation to its metropolitan and regional contexts.The studio work will seek to develop planning strategies to anticipate future potentials,and to mitigate present threats.As Miami's coastal barrier islands form one of the most recognizable and singularly valuable cultural landscapes in the world,this studio promises to examine the potentials for ecological and infrastructural strategies as alternatives to large single-purpose engineering solutions.The two-year series of sponsored studios will begin in Fall 2015 and will involve leading academics and professionals from the fields of architecture, landscape architecture, urban design,and planning. In conjunction with the studio site visits, it will also convene a scholarly and professional colloquium on site in Miami Beach to gather and synthesize the best available knowledge on this site and subject.The work of the studio will be documented and disseminated through studio reports,one.following each studio,and through a final half-day event on site in Miami Beach. The topic of urban adaptation to the effects of climate change is among the more pressing areas of research for those engaged in the built environment.Over the past several years the North American discourse on the subject has sensibly focused on the significant case studies of New Orleans post Katrina and New York post Sandy. Both of these cases have engendered a range of public discourse, planning proposals,and design strategies for living with the ongoing reality of increased storm events, rising sea levels,and a host of secondary and tertiary effects associated with the new reality. In each of these cases the design disciplines have been central to the projection of alternative futures for these vulnerable major metropolitan centers. More recently, Boston has been the focus for equivalent studies of storm effects, urban infrastructure,and planning for a more resilient future.While each of these cases have provided unique contexts for the advancement of disciplinary knowledge,professional practices,and societal engagement with the subject of urban adaptation to sea level rise,they have reinforced a tendency toward the defense of relatively densely concentrated urban agglomerations through the deployment of large hydrological engineering systems. By contrast, much of the North American coastline,and its associated urbanization resist such approaches by the realities of their geography, hydrology,and patterns of urbanization.Among the more extreme cases in this regard is the present status and uncertain future of South Florida. 1 Harvard University Graduate School of Design This proposal seeks support for a two-year teaching program examining questions of urban adaptation to sea level rise in the context of the low-lying barrier island geography,complex water infrastructure,and vulnerable natural ecologies of southeast Florida. Using the vehicle of Miami Beach as a case in point,this work of the studios will examine the implications of sea level rise and increased storm events on the horizontal urbanism of metropolitan Miami and its numerous municipalities and communities.Among those communities, Miami Beach presently experiences multiple occurrences of so-called blue sky flooding, that is,flooding in the absence of a storm event.The City of Miami Beach has recently convened a blue-ribbon panel to advise the Mayor's Office on this issue,and the City is in the midst of a multi-million dollar upgrade to its drainage infrastructure.This important infrastructural upgrade is planned to mitigate the most immediate impacts of seasonal flooding.This work can do little to apprehend the larger impacts of sea level rise on the economies,ecologies,cultures,and communities in its wake.The low-lying coastal conditions and singular cultural heritage of Miami Beach resist the types of massive civil engineering projects that have recently been proposed for London,Venice,or other major international examples.Given the reliance of South Florida's economy and identity upon the specific landscape conditions of Miami Beach,this research project proposes to use the frameworks of green infrastructure,landscape ecology,and cultural heritage as potential responses to looming threats associated with climate change. The Harvard Graduate School of Design proposes the Sponsored Studio on South Florida and Sea Level as a two-year teaching program.The studios will be led by PI,Charles Waldheim,and will engage GSD students across the disciplines of architecture, landscape architecture, urban design,and planning,as well as students enrolled in the advanced studies and doctoral programs.The PI will partner with the City of Miami Beach as sponsor of these studios.The studios,their related site visits,colloquium and studio reports will gather leading experts from various disciplines and professions in South Florida, and it will convene participants for discussions of these subjects.The work of these studios will synthesize the best practices and compelling cases pertaining to this subject internationally,and will propose strategies and solutions for mitigating the impacts of sea level rise in this context.While many of the social and natural sciences have examined South Florida in the context of sea level rise over the past decade,the studios will represent the first large engagement of its kind in which the design and planning disciplines synthesize this knowledge for use in projecting potential solutions to these challenges.As the leading design school in the world,the Harvard GSD is uniquely positioned to convene and successfully orchestrate such an interdisciplinary two-year teaching and research program. The scope of this proposal is conceived along three parallel and interwoven tracks. First, the PI will organize two interdisciplinary design studios, using Miami Beach as a case in the broader questions around urban adaptation to sea level rise.Through these courses,GSD candidates and students from across campus will be exposed to a range of subjects attendant to the topic,and will be invited to propose strategies and solutions for mitigating the impacts of climate change on the communities of South Florida through the lenses of green infrastructure, landscape ecology,and cultural heritage.The studios will each include a site visit for the PI and students,as well as an initial site visit by the PI and research assistant in order to lay the groundwork for the studio.Second,the PI will orchestrate two meetings in South Florida on the subject of urban adaptation to sea level rise.These will begin with a colloquium gathering local knowledge and regional centers of research on the subject in 2015-16,and will conclude with a public presentation of the studios'findings in Miami in 2016- 17.Third,the PI in conjunction with his research assistant(1 each year)will synthesize the findings of the studios and its various outputs,and will be responsible for disseminating the work of the studios in two studio reports,one following each studio. 2 r ! , Harvard University ' Graduate School of Design Deliverables 2015-16 • option studio including trip to Miami for 13 students and 1 faculty and trip to Cambridge for 3 guest critics • colloquium in Miami during field trip to discuss this work • studio report 2016-17 • option studio including trip to Miami for 13 students and 1 faculty&trip to Cambridge for 3 guest critics • public event in Miami during field trip to discuss this work • studio report Timeline Two academic years 2015-16 and 2016-17 Spring 2015 Public announcement Fall 2015 Initial Site Visit(PI+research assistant) Interdisciplinary Design Studio, including site visit(PI+13 students) Final Studio Reviews, including 3 guest critics Studio Report Spring 2015 Colloquium(half-day)at Miami Beach(30 ppl) Fall 2016 Initial Site Visit(PI+research assistant) Interdisciplinary Design Studio, including site visit(PI+13 students) Final Studio Reviews,including 3 guest critics Studio Report Spring 2017 Public Event(half-day)at Miami Beach(60 ppl) We envision a 2-year research/teaching effort with a total budget of$99,998,spanning a project period of 9.1.2015— 8.31.2017.A budget is attached. 3 J Q 0 Q1 O Ou M M eV t0 CO l0 01 0 Tt M LO 01 r-I CO M t0 01 H d r�-� ai O `� CO .i-I call th t!) t/) if/- t/)• t/1• t/1` /1• _t co G° cp o o m 00 °In N m call } N CN E N al M l0 r-I al tO M Ol• M " N N M r L11 00 a Tr ai cO t/} t/ t!1• i). t )- t/} tr 1" L O lO O O la ‘D m 01 ca o +r } N -, E N m M O 00 M 01 co ,- N N 00 N 111 00 az ai 'Cr Tr t/? t/1• t/1• t/1• in- t/1• '4" .v} i/1• E O a) UD N O N .4 N 17 fo N ,-, u - H-- _ 0 0 U u co L 4., MI t (73 7o � U V c(0 Q L LL LL = L c0 + t t d L U CO N (0 ( - {mod co CL. 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