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Home My WebLink AboutAgenda Item Summary FormDate: 11 /04/2019 AGENDA ITEM SUMMARY FORM File ID: #6763 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 12/12/2019 Sponsored By: Francis Suarez, Alex Diaz de la Portilla, Ken Russell, Joe Carollo, Manolo Reyes District Impacted: District 2 Type: Resolution Subject: Establish - Water Quality Monitoring Program - Biscayne Bay Waterkeeper Purpose of Item: A resolution of the Miami City Commission, with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, confirming, and approving the City Manager's recommendation and written findings, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City") to establish a fecal indicator bacteria monitoring program ("Program") by Biscayne Bay Waterkeeper, Inc. d/b/a Miami Waterkeeper ("Miami Waterkeeper") to ensure the bay and other tidal waters exceed federal, state, and local standard for recreational use and support healthy fish populations as well pinpoint sources of contamination for the Department of Resilience and Public Works ("Public Works"), allocating funds from account no. 13000.201000.534000 and other funding sources, subject to the availability of funds and budget approval at the time of need; 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 laws and regulations, as may be necessary for said purpose. Background of Item: The City of Miami's Department of Resilience and Public Works ("Public Works") has allocated funds in the Fiscal Year 2019 budget to establish a fecal indicator monitoring program ("Program") to exceed federal, state and local standards for recreation use and to support healthy fish populations. Public Works intends to monitor additional sites along the Biscayne Bay and along the Miami River within the City's jurisdiction to identify, locate, and eliminate sources of pollution associated with fecal coliform due to either failing septic tanks or cross connections with wastewater collection systems. Miami Waterkeeper offers a level of testing to pinpoint sources of contamination and services to assist in eliminating those sources of pollution. The collaboration between the City and Miami Waterkeeper will allow for a greater level of testing than the standard provided by Miami Dade County's Division of Environmental Resources Management ("DERM") by providing a means to manage testing data. Therefore, allowing the City to focus on the elimination of source contamination points. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Item is an Expenditure Total Fiscal Impact: General Account No.: 13000.201000.534000 Reviewed B Office of Resilience and Sustainability Review Completed 11/04/2019 1:30 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Alan M. Dodd Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Clerk Rendered Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 11/21/2019 3:09 PM 11/21/2019 3:17 PM 11/21/2019 9:42 PM 11/25/2019 11:32 AM 11/25/2019 11:36 AM 11/25/2019 12:06 PM 11/28/2019 8:42 AM 12/03/2019 11:39 AM 12/12/2019 9:00 AM 12/23/2019 5:39 PM 12/23/2019 5:40 PM 12/23/2019 5:40 PM City of Miami Legislation Resolution Enactment Number: R-19-0505 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6763 Final Action Date:12/12/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), TO ESTABLISH A FECAL INDICATOR BACTERIA MONITORING PROGRAM ("PROGRAM") WITH BISCAYNE BAY WATERKEEPER, INC. D/B/A MIAMI WATERKEEPER, A FLORIDA NOT FOR PROFIT CORPORATION ("MIAMI WATERKEEPER"), TO ENSURE BISCAYNE BAY AND THE MIAMI RIVER MEET FEDERAL, STATE, AND LOCAL STANDARDS FOR RECREATIONAL USE, FOR SUPPORT OF HEALTHY FISH POPULATIONS, FOR THE PINPOINTING OF SOURCES OF CONTAMINATION, AND FOR ASSISTANCE IN ELIMINATING SOURCES OF POLLUTION FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") AT A TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR FISCAL YEAR 2019-2020; ALLOCATING FUNDS FROM ACCOUNT NO. 13000.201000.534000 AND OTHER SUCH FUNDING SOURCES, 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 WITH MIAMI WATERKEEPER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL 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, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, water quality testing is performed by the Miami -Dade County ("County") Division of Environmental Resources Management ("DERM") to monitor surface water quality throughout the County; and WHEREAS, water samples are collected at eighty-seven (87) locations along Biscayne Bay to ensure the Bay and other tidal waters meet federal, state, and local standards for recreational use and the support of healthy fish populations; and WHEREAS, the City of Miami's ("City") Department of Resilience and Public Works ("Public Works") has allocated Fifty Thousand Dollars ($50,000.00) in the Fiscal Year 2019- 2020 budget to establish a Fecal Indicator Bacteria Monitoring Program ("Program") for the monitoring of additional sites along Biscayne Bay and on the Miami River within the City's jurisdiction to identify, locate, and eliminate sources of pollution associated with fecal coliform due to either failing septic tanks or cross connections with wastewater collection systems; and WHEREAS, Biscayne Bay Waterkeeper, Inc. d/b/a Miami Waterkeeper, a Florida not for profit corporation ("Miami Waterkeeper"), proposes to conduct extensive water quality monitoring, collaborate for a much greater level of testing than possible otherwise, provide for data management, and focus on the elimination of source contamination points ("Program"); 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's recommendation and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City, to establish the Program by Miami Waterkeeper to ensure Biscayne Bay and the Miami River meet federal, state, and local standards for recreational use, for the support of healthy fish populations, for the pinpointing of sources of contamination, and for assistance in eliminating sources of pollution for Public Works at a total amount of Fifty Thousand Dollars ($50,000.00) for Fiscal Year 2019-2020 are ratified, confirmed, and approved. Section 3. Funds are to be allocated from Account No. 13000.201000.534000 and such other funding sources, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute a Professional Services Agreement with Miami Waterkeeper for the Program, in a form acceptable to the City Attorney. Section 5. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, in compliance with all 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, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. APPROVED AS TO FORM AND CORRECTNESS: