HomeMy WebLinkAbout25110AGREEMENT INFORMATION
AGREEMENT NUMBER
25110
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA DEPARTMENT OF HEALTH, MIAMI-DADE
COUNTY HEALTH DEPARTMENT
DESCRIPTION
MEMORANDUM OF AGREEMENT/ENVIRONMENTAL
SERVICES TO IDENTIFY & EVALUATE SIGNIFICANT
PROBLEMS & SOURCES FOR POTENTIAL DISEASES
OUTBREAKS OR DISEASE -CAUSING MICROORGANISMS AT
VIRGINIA KEY BEACH PARK/MATTER ID: 24-643/#77
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
7/22/2024
DATE RECEIVED FROM ISSUING
DEPT.
8/1/2024
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
a5lto
ORIGINATING DEPARTMENT: Parks and Recreation
DEPT: CONTACT PERSON: Rafaella Aleixo
EXT. 1314
44 77
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED: ❑ YES ❑ NO
TYPE OF AGREEMENT:
El MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) FL Department of Hea h Memorandum of Agreement
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
PRINT: Chris E s
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SIGNA '
SUBMITTED TO RISK MANAGEMENT
PRINT: /
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SIGNATURE:
SUBMITTED
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SIGNATURE: G k III
TO CITY ATTORNEY
TMF 24-643
APPROVAL BY ASSISTANT CITY MANAGER
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PRINT: Barbie Hera z
SIGNATURE:
APPROVAL BY DEPUTY CITY MANAGER
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PRINT: Natasha Co ebrook-Williams
SIGNATURE: `17(111 �A
RECEIVED BY CITY MANAGER
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PRINT: ArthurLltloriega V
SIGNATURE:
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SIGNATURE:
OIVEIORIGINArLiTiOiCITiYMERA
ONEMORATMCIVALIITCONEY0105E10E1
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
MEMORANDUM OF AGREEMENT
BETWEEN
STATE OF FLORIDA, DEPARTMENT OF HEALTH
MIAMI-DADE COUNTY HEALTH DEPARTMENT
AND
THE CITY OF MIAMI, FLORIDA
THIS MEMORANDUM OF AGREEMENT ("Agreement") is made and entered into
by and between the City of Miami. a municipal corporation, located in Miami -Dade
County, Florida, hereafter referred to as "the City", and the State of Florida. Department
of Health. Miami -Dade County Health Department. hereafter referred to as the"Provider"
(collectively referred to as "Parties").
WHEREAS, the City desires to engage the Provider to perform environmental
services to identify and evaluate significant problems and sources for potential disease
outbreaks or disease -causing microorganism at its Virginia Key Beach Park located at
3801 Rickenbacker Causeway, Miami, FL 33149 on an 82-acre barrier island off the
Rickenbacker Causeway in Virginia Key, FL, hereby known as the "Designated Site";
and,
WHEREAS, the City realizes that the Provider has the necessary components in
place to carry out environmental services to ensure that the water quality at the
Designated Site meets any and all local, state and federal water standards; therefore,
;ensuring that all residents and visitors that utilize the Designated Site are safe from
pathogens, waterborne diseases or pollutants that may propose harm to humans and the
environment.
NOW, THEREFORE, in consideration of the mutual covenants and considerations
set forth herein, the Parties execute this Agreement so same becomes binding and
enforceable by and through the Parties, their heirs and assigns, and agree heretofore:
I. TERMS AND DEFINITIONS
1. ThisAgreement contains and constitutes the legal and binding language
between the Provider and the City including, but not limited to, all
Attachments, Exhibits, and Amendments, when applicable.
2. Clean Water Act (CWA): The CWA, 33 U.S.C. §1251 et seq., is the primary
federal law in the United States governing water pollution. Passed in 1972,
the objective of the CWA is to restore and maintain the chemical, physical,
and biological integrity of the nation's waters by preventing point and nonpoint
pollution sources, providing assistance to publicly owned treatment works for
the improvement of wastewater treatment, and maintaining the integrity of
wetlands.
3. Invoice: A mechanism by which the Provider requests payment from the City
MOA 13L48
for services rendered for a specific cost and period.
4. Designated Site: Virginia Key Beach Park located at3801 Rickenbacker Causeway, Miami, FL
33149.
5. Period: The time frames outlined in section 111.5 (a).
II. RECITALS
The Parties mutually agree that the foregoing recitals are true and correct and incorporated herein
by reference.
III. The Provider agrees to the following:
1. To conduct water testing/sampling at the Designated Site at least one (1) time
per week to identify and evaluate any significant problems and sources for
potential disease outbreaks, contaminants and/or pathogens during the
effective period of this Agreement. Beach water samplings must be analyzed
for Enterococci microbiological fecal indicators recommended by the Florida
Department of Health and the United States Environmental Protection Agency
to evaluate water quality to protect human health.
2. To perform beach water sampling at the Designated Site in accordance with
the terms listed in section V.2 of this Agreement.
3. To adhere to and conduct water sampling services applicable to and within
federal and state rules, regulations, guidelines, standards and laws.
4. To provide and maintain sufficient staffing to timely carry out the required
activity specified in herein.
5. To invoice the City on a quarterly basis through submission of a properly
completed invoice, as attached hereto as Exhibit I, within 30 calendar days
following the end of the quarter for which payment is requested.
a. The City's quarters will consist of the time frames listed below. The year of services is
effectuated per Agreement year.
Quarter:
Covered Period:
1
June 1 - August 31
2
September 1 - November 30
3
December 1 - February 28
4
March 1 - May 31
b. To invoice the City quarterly only for water samplings completed during each quarter.
2
MOA 13L48
6. To notify the City and elected officials of any beach advisories, clearances (re -
openings) and/or updates (advisories) using email, telephone call, fax, media
outlets, or DOH Website: miamidade.floridahealth.gov.
7. To provide all staff, supplies and equipment necessary to perform, conduct,
and complete the activity in section 111.1.
IV. The City agrees to the following:
1. To provide the Provider with access to the Designated Site for the purpose of
sampling or testing for water contaminants or pollutants during the periods
outlined in section 111.5. (a) of thisAgreement.
2. To notify the public of any beach advisories and rescission advisories
through the utilization of various local media networks (e.g., TV and Radio)
and/or social media (e.g., Twitter, Instagram, Facebook).
3. To compensate the Provider within 30 calendar days of receipt of a
properly completed invoice, attached as Exhibit I hereto, for the
performance of all work completed at the Designated Site during the
effective period.
V. Parties mutually agree:
1. The total cost for the services set forth in section 111.1 of this Agreement is
estimated at $22,320.00 during the effective period specified in section IX of
this Agreement. If the total cost for the services set forth in section 111.1 of
this Agreement may exceed $22,320.00. Provider must obtain City's prior
written authorization before it continues said services.
2. During the effective period of this Agreement, the Provider shall complete no
less than one (1) water sampling per week and no more than sixty-two (62)
samplings per year (including any repeat samplings that may be required)
during the effective period of this Agreement. If the City requests additional
sampling beyond the sixty-two (62) water samplings, the Provider will invoice
the City for each additional water sampling completed at the rate of $115.00
per sampling.
Beach Water Sampling Fee Schedule
Year 1
Sampling
Performed
Minimum
Maximum
Unit* Rate
Weekly
1
52
$115.00
Repeat
1
10
$115.00
3
MOA 13L48
Year 2
Sampling
Performed
Minimum
Maximum
Unit* Rate
Weekly
1
52
$120.00
Repeat
1
10
$120.00
Year 3
Sampling
Performed
Minimum
Maximum
Unit* Rate
Weekly
1
52
$125.00
Repeat
1
10
$125.00
3. Per resolution: I.O.No.:137 Ordered : Effective: 10/01/23, the sampling
unit fee is $115.00 (billing fiscal year 10/01/23 to 09/30/24). This fee shall
increase by 3% every October 1st. "The environmental fees will be
increased automatically by 3 percent, or the current inflation rate,
whichever is higher; annually, beginning the 1st of October of each
year". The Department shall round any increased fees to the next highest
whole five (5) dollar increment.
4. The City shall make any and all retroactive payments for the period during
which the Provider has completed services without the benefit of an executed
Agreement that is since September 1st, 2023.
5. Each party shall be responsible for the liabilities of their respective agents, servants and
employees, to the extent legally permissible to either party. Nothing herein shall be
construed to be consent to be sued by any third party. No party will be liable to another for
special, indirect, punitive, or consequential damages, including lost data or records (unless
the Agreement requires the parties to back-up data or records), even if the party has been
advised that such damages are possible. No party will be liable for lost profits, lost revenue,
or lost institutional operating savings. The parties may, in addition to other remedies
available to them at law or equity and upon notice to the other party, retain such monies
from amounts due the other party as may be necessary to satisfy any claim for damages,
penalties, costs, and the like asserted by or against them. The parties may set off any
liability or other obligation of the other party or its affiliates to the party against any
payments due to the other party under the Agreement. Nothing contained herein negates
the sovereign immunity protections provided to State agencies or subdivisions, as defined
in section 768.28, Florida Statutes.
VI. Termination at Will:
This Agreement shall be terminated by either party upon no less than thirty (30)
calendar days' notice in writing to the other party, without cause, unless a lesser
time is mutually agreed upon in writing by both Parties. Said notice shall be
delivered by email communication with proof of receipt, or certified mail, return receipt
requested, or in person with proof of delivery. Notices sent/addressed to persons
4 MOA 13L48
other than who is stated below shall be deemed "undelivered".
All notices must be addressed. respectively. as follow:
Florida Department of Health in Miami -Dade
1725 NW 167 Street
Miami, Florida 33056
Attention: Elmir Samir, Ph.D.
Director of Environmental Health & Engineering Services
Cony to;
Florida Department of Health in Miami -Dade
Attention: Fabiola Pierre
Contract Manager
8323 NW -12th Street, Suite 214
Miami, FL 33126
Te1:786-845-0334
E-mail: Fabiola.Pierre@flhealth.gov
The City of Miami, Florida
City of Miami Department of Parks & Recreation
Attention: Arthur Noriega V
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
Attention: City Attorney
City of Miami
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
a. All notices called for hereunder shall be effective upon receipt.
b. Contact information may be updated as needed by notifying the other party, including via
email, without voiding this Agreement.
VII. Modification:
Any modifications to this Agreement shall only be valid when they have been
reduced to writing and duly signed by the Parties.
VIII. • Renewal
This MOA may be renewed on a yearly basis. Such renewals shall be made by
5 MOA 13L48
mutual agreement and will be contingent on satisfactory performance
evaluations as determined by the City. Any renewals shall be in writing no Tess
than sixty (60) calendar days' notice in writing to the other party.
IX Effective Period:
This Agreement shall begin on September 1,2023 and, shall end on August 31,
2026.
X. Independent Capacity of the Contractor:
In the performance of this Agreement, it is agreed between the Parties that the
Provider is an independent contractor and that the Provider is solely liable for
the performance of all tasks contemplated by this Agreement.
XI. Governing Law and Venue:
The validity and construction of this Agreement, and of the rights and duties of the
parties, shall be governed in accordance with the laws of the State of Florida.
Venue to address any dispute arising between the Parties from this Agreement
shall lie in the jurisdiction of Miami -Dade County, Florida.
'XII. Dispute Resolution:
In event a dispute arises regarding this Agreement; both parties agree that a
representative of each entity shall be appointed for the purpose of meeting and
conferring to achieve a mutually acceptable resolution of such dispute. Should
such representatives fail to reach a resolutionwithin sixty (60).days of their
appointment, then the Administrator, Director, City Manager, Chief Executive
Officer, Designee or Chairperson of each party shall meet and negotiate a
resolution. If this Agreement becomes the subject of litigation, arbitration,
mediation, or other alternative dispute resolution mechanism then each
party shall bear their own attorney's fees, costs, charges, and expenses.
XIII. Benefit/Assignment:
Subject to provisions herein to the contrary, this Agreement shall inure to the
benefit of and be binding upon the Parties hereto and their respective legal
representatives, successors and permitted assigns. No Party may assign this
Agreement without the prior written consent of the other Party, the consent of which
shall be given at that Party's sole discretion..
XIV. Waiver of Breach:
6 MOA 13L48
Waiver of breach of any provisions of this Agreement shall not be deemed to be ,a
waiver of any other breach and shall not be construed to be a modification of the terms
of this Agreement. The provisions herein do not limit any party's right to remedies at law
or in equity.
XV. Severability:
This Agreement contains all the terms and conditions agreed upon by the Parties.
There are no provisions, terms, conditions, or obligations other than those
contained herein, and this Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written between
the Parties: If any term or provision of this Agreement is found to be illegal or
unreasonable, the remainder of the Agreement shall remain in full force and
effect, and such term or provision shall be stricken.
XVI. Execution in Counterparts:
This Agreement may be executed in counterparts_ , each of which shall be an
original and all of which shall constitute but one and the same instrument. 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.
XVII. Public Records
Provider understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City of Miami Agreements, subject
to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by
the City and the public to all documents subject to disclosure under applicable laws.
Provider's failure or refusal to comply with the provisions of this section shall result
in the immediate _cancellation of this Agreement by the City. Provider shall.
specifically require all sub- contractors to comply with this paragraph.
To the extent Provider is acting on behalf of the City as specified in subsection
119.070 I(1)(A), Florida Statues, Provider shall additionally comply with Section
119.0701, Florida Statutes, including without, limitation: (I) keep and maintain
public records required by the City to perform the service under this Agreement;
(2) upon request from the City's custodian of public records, provide the City with
a copy of the requested records or allow the records to be inspected within a
reasonable time at a cost that does not exceed the cost provided for in Chapter
119, or otherwise provided by law; (3) ensure that public records that are exempt
or confidential and exempt from publicrecords disclosure requirements are not
disclosed except as authorized by law for the duration of the Agreement term
and following completion of the Agreement if. Provider does, not transfer the
records to the City; (4) provide to the City all electronically stored public records,
upon request from the City's custodian of public records, in a format compatible
with the City's information technology systems; and (5) upon completion of the
Agreement, transfer, at no cost, to the City all public records in possession of
Provider or keep and maintain public records required by the City to perform the
7 MOA 13L48
service. If Provider transfers all public records to the City upon completion of the
Agreement, Provider shall destroy any duplicate public records that are exempt
or confidential and exempt from disclosure requirements. If Provider keeps and
maintains public records upon completion of the Agreement; Provider shall meet all
applicable requirements for retaining public records.
Notwithstanding the foregoing, Provider shall be permitted to retain any public
records that make up part of its work product solely as required for .archival
purposes, as required by law, or to evidence compliance with the terms of the
Agreement.
Should Provider.detinning to dispute any public access provision required by
Florida Statutes, then Provider shalldo so at its own expense and at no cost to
the City.
IF PROVIDER AS THE CONTRACTOR UNDER THIS AGREEMENT HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO PROVIDER'S DUTY AS THE CONTRACTOR'S TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC
CONTRACT, PLEASE CONTACT THE CITY'S . CUSTODIAN OF PUBLIC
RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL:
PublicRecordS miamigov.cont, AND MAILING ADDRESS: PUBLIC
RECORDS CIO OFFICE OF THE CITY ATTORNEY, 9th FLOOR, MIAMI
RIVERSIDE CENTER, 444 S.W. 2nd AVENUE, MIAMI, FLORIDA 33130 OR
TO THE CITY'S PARKS AND RECREATION DEPARTMENT CUSTODIAN OF
RECORDS AT 8th FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2nd
AVENUE, MIAMI, FLORIDA 33130.
XVIII. Proper Authority:
Each of the Parties and its officers represent and warrant that they are
authorized to enter into this Agreement and execute the same without further
authority.
XIX. Entire Agreement:
This Agreement represents the entire understanding of the Parties with respect to
the matters covered herein and supersedes all prior and contemporary
agreements, representations, and discussion, whether oral or written. This
Agreement may only be altered, amended, or modified in a writing signed by both
Parties: All prior agreements pertaining to the subject matter of this Agreement
entered into between the City and the Provider or any of its subdivisions are
hereby terminated commencing on the effective date of this Agreement. Said
prior agreements shall be replaced by this Agreement.
SIGNATURE PAGE FOLLOWS
MOA 13L48
IN WITNESS WHEREOF, the Parties hereto have caused this 10-page
Agreement to be executed by their officials,thereunto duly authorized,
PROVIDER:
STATE OF FLORIDA
DEPARTMENT OF HEALTH
SIGNED BY.:
NAME: Yesenia Vilialta, DNP.MSN.APRN
TITLE: Administrator/Health Officer
DATE: Jul 23, 2024
elv: Dr. Samir Elmir. PhD.. PE: BCCEE. RCEHP
Signature:
TITLE:Qir. Environmental Health & Engineering Services
Attest:
BY: Todd Hannon
Signature:
TITLE: City Clerk -
Approved as to Form and Correctness:
Dicnaai s.gne b*/
Wysong,. 7.'ysors. Garage
BY: Qeorg4 - Da!a. 2024.2.6 27
George:k;
City Attorriey
611.: 24-643
THE CITY OF MIAMI, A FLORIDA MUNICIPAL
CORPORATION
BY:
NAME: .Artlittr Noriesta V
TITLE: Cit_v_Manacer
Approved as.to Invrance Requirements:
By: FrOtik Data: 2024 06.44 By: 1,..,-,,,Date:
.A ---- _12:44;31 -0400'
Gomez, Carnea Frank i ___.< : 2024.06.14'
,g1.11 ry signed y 6
_
Ann -Marie Sharpe; Dir. Of Risk Chris Evans, Dir. Of Parks and Recreation
Management
NIOA 13L48
IN WITNESS WHEREOF, the Parties hereto have caused this 10-page
Agreement to be executed by their officials thereunto duly authorized.
PROVIDER:
STATE OF FLORIDA
DEPARTMENT OF HEALTH
SIGNED BY:
NAME: Yesenia Villalta. DNP.MSN.APRN
TITLE: Administrator/Health Officer
DATE:
By: Dr. Samir Elmir. PhD.. PE. BCCEE. RCEHP
Signature:
TITLE: Dir. Environmental Health & Engineering Services
Attest:
BY: Todd Hannon
Signature:
TITLE: Citv Clerk
Approved as to Form and Correctness:
Wysong, Digitally signed by
Wysong, George
BY: Georgo Date:2024.06.27
1 .L
George K. WysonJg-U ,
City Attorney
TMF 24-643
THE CITY OF MIAMI, A FLORIDA MUNICIPAL
CORPORATION
z
BY:
NAME: _Arthur Noriega V
TITLE: City Manaaer
Approved as to Insurance Requirements:
Gomez, Digitally signed y Date: 2024.06.14
Gomez, Frank
By:Frank Date:2024.06.14 12.44.31 -04'00'
,1.f0..,6 ."'GD, By:
Ann -Marie Sharpe, Dir. Of Risk Chris Evans, Dir. Of Parks and Recreation
Management
9 MOA 13L48
Ron DeSantis
Govemor
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efforts.
HEALTH
Joseph A. Ladapo, MD, PhD
State Surgeon General
Vision: To be the Healthiest State in the Nation Exhibit
Bill To:
LaCleveia Morley
Assistant to the Director
Administration Division City of Miami
444 SW 2nd Avenue, 8th Floor
Miami, FI 33130
Contract No:
Date: Invoice #:
Bill From:
Milda Belette
Operations Analyst II
Billing Office
Miami -Dade County Health Department
8175 NW 12th Street, #306
Doral, FL 33126
SERVICES
PROVIDED
BILLING PERIOD
TOTAL SERVICES
PROVIDED
RATE PER
SERVICES
AMOUNT
REQUESTED FOR
PAYMENT
Total amount requested for payment: $
Please make check payable to:
State of Florida, Department of Health
8175 NW 12th Street, Suite 305
Doral, FL 33126
Contract No.13L48
10
Florida Department of Health
in Miami -Dade County
8323 NW 12 Street, Suite 214 • Miami, Florida 33126
PHONE: 786-845-0300 • FAX: 786-845-0306
FloridaHealth.gov
Accredited Health Department
Public Health Accreditation Board