HomeMy WebLinkAbout24497AGREEMENT INFORMATION
AGREEMENT NUMBER
24497
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA- DEPARTMENT OF HEALTH MIAMI DADE
COUNTY
DESCRIPTION
MEMORANDUM OF AGREEMENT / POTENTIAL OUTBREAKS
AT VIRGINIA KEY BEACH NORTH POINT PARK / MATTER
ID:20-389 / #30
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/18/2020
DATE RECEIVED FROM ISSUING
DEPT.
6/27/2023
NOTE
DocuSign Envelope ID: A438D3CA2CA3-4C954332A-18AA1 F943265
17"--/1 7-
This contract action has completed the Department's routing process and has
received the required approvals for execution.
Division/CHD/Ofce:
Provider Name:
Contract Number.
Original Contract Amount:
Total Contract Amount (executed actions):
Original Contract Start Date:
Contract End Date (executed actions):
Miami -Dade
The City of Miami
13H09
$5,747.40
Date of Last signature
09/30/2020
DESCRIPTION OF CONTRACTUAL SERVICES:
The FDOK-Miami-Dade Environmental Health and Engineering Services shall conduct beach water
testizg/sampling at the City of Miami Virginia Key Beach Park ("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.
CONTRACT ACTION:
AMk lDlkfENT(YJN): AMENDMENT AMOUNT:
CH►INNGE TO TERM(Y/N):
START .DATE: END DATE:
RENEWAL: RENEWAL AMOUNT:
START DATE:
END DATE:
DESCRIPTION OF CONTRACT AMENDMENT ACTION:
This contract complies with ail of the following requirements:
• A statement of work
• Quantifiable and measurable deliverables
• Performance measures
• Financial consequences for non-performance
• Terms and conditions which protect the interest of the state
• All requirements of law have been met regarding the contract
• Documentation in the contract file is sufficient to support the contract and the attestation (examples;
business case; directive to establish contract; subject research and analysis, etc.)
• If the contract is established by way of a competitive solicitation as identified in section 287.857(1), Florida
Statutes, the costs of the contract are the most advantageous to the state or offer the best value
DocuSign Envelope ID: A438D3CA-2CA3-4C95-832A-18AA1F943265
MEMORANDUM OF AGREEMENT
BETWEEN
STATE OF FLORIDA, DEPARTMENT OF HEALTH -
MIAMI-DADE COUNTY
AND
THE CITY OF MIAML FLORIDA
THIS ME?vfORANDITM 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. hereafter referred to as the 'Provider"
(collectively referred to as "Parties').
WHEREAS, the City desires to engage the Provider to perfom environmental services to identify and
evaluate sigtificant problems and sources for potential disease outbreaks or disease -causing microorganism at its
Virginia Key Beach Park located at 3801 Rickenbacker Causeway, Miarni, 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 orpollutants 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 Agz-eement so same becomes binding and enforceable by and through the Parties, their heirs
and assigns, and agree heretofore:
L TERMS AND DEMI.' IONS
1. This Agreement 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. §125I et seq, is the primary federal raw 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 ration'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 for services rendered for
a specific cost and period.
4. Designated Site: Virginia Key Beach Park located at 3301 Rickenbacker Causeway, Miami, FL 33149.
5. Period: The time frames outlined in section 1.11.5 (a).
H. REC1 1 ALS
The Parties mutually agree that the foregoing recitals are true and correct and incorporated herein by
reference.
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The Provider agrees to the following:
1. To conduct water testingfsampling 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.
To perform beach water sampling at the Designated Site in accordance with the terns 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.
6. To invoke the City on a quarterly basis through submission of a properly completed invoice.
Exhibit A, 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
etTectuated per contact year.
Quarter: Covered Period:
l st. June 1 — August 31
2nd. September 1" — November 30th
3rd. December — February 2841
4th. March I n — May 31
(b) To invoke the City quarterly only for water samplings completed during each quarter.:
6. To notify -the City and elected officials of any beach advisories, clearances (re-openings)andior
updates (advisories) using entail, telephone call, fax, media outlets, DOH Website:
miarnidade.floridahealtit_aov.
7. To provide all staff, supplies and equipment necessary to perform, conduct, and complete the
activity in section II1.1..
8. The State of Florida, Department of Health, Miami -Dade County is a state agency or political
subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for
acts and/or omission of its agents and/or employees during the performance or operation of this
Agreement, to the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein
shall be construed as consent by as state agency or political subdivision of the State of Florida to
be sued by third party in any matter arising out of this Agreement, any other contract or any
subsequent modifications thereof, whether direct or indirect and whether to any person or tangible
or intangible property.
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
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water contaminants or pollutants during the periods outlined in section 1I1.5 (a) of this Agreement.
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, lnstagram,
Facebook).
3. To compensate the Provider within 30 calendar days of receipt of a properly completed invoice,
attached as Exhibit A hereto, for the performance of all work completed at the Designated Site during
the effective period.
4. The City of Miami, Florida, is a state agency or political subdivision as defined in Chapter 768.28,
Florida Statutes, and agrees to be fully responsible for acts and/or omission of its agents and/or
employees during the performance or operation of this Agreement, to the extent permitted by law.
Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which
sovereign immunity may be applicable. Nothing herein shall be construed as consent by as state
agency or political subdivision of the State of Florida to be sued by third party in any matter arising
out of this Agreement, any other contract or any subsequent modifications thereof, whether direct or
indirect and whether to any person or tangible or intangible property.
V. Parties mutually agree:
1. The total cost for the services set forth in section III.I of this Agreement is estimated at $5.747.40
during the effective period specified in section VIII of this Agreement. If the total cost for the services
set forth in section 1I1.1 of this Agreement may exceed $5.747.40, 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 (including any repeat sarplings 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 S92.70* per sampling.
Beach Water Sampling Fee Schedule
Sampling
Performed
Minimum
Maximum
j Unit*
j Rate
Weekly
1
52
1 892.70
Repeat
1
10
1 S92.70
*The Environmental Fees will be increased automatically by 3%, or the current inflation rate, whichever
is higher, annually, beginning the 15` of October of each year as approved by the Assistant County
Manazger.
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 certified mail, return receipt requested, or in person with proof of
delivery. Notices sentiaddressed to persons 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
13H09 Elmer
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DocuSign Envelope ID: A43BD3CA-2CA3-4C95-832A-18AA1F943265
Copy to:
Modification:
Attention: Elmir Samir, PhD.
Director of Environmental Health &
Engineering Services
The City of Miami, Florida
City of Miami Department of Parks & Recreation
Attention: Kevin Kirwin
444 SW r' Avenue, $` Floor
Miami, Florida 33130
City Attorney
City of Miami
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130
Any modifications to this Agreement shall only be valid when they have been reduced to writing and duly
signed by the Parties.
`'IL Effective Period:
This Agreement shall begin on the latest date of signature by the Parties. This Agreement shall end on
September 30.2020.
Independent Capacity of the Contractor:
b 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.
X. 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.
XL 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 resolution within sixty (60) days of their
appointment, then the Administrator, Director, City Manager, Chief Executive Officer, Designee or
Chairperson of each entity 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.
XLL Benefat/Assignuaent:
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 Iegal 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.
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DocuSign Enveldpe ID: A43BD3CA-2CA3-4C95-832A-18AA1F943265
XITI. Waiver of Breach:
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.
XIV. 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.
XV. 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.
XVI. 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 119.0701(1)(A), Florida
Statues, Provider shall additionally comply with Section 119.0701, Florida Statutes, including without
li,nitation: (1) 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 providedfor in Chapter 119, or otherwise provided by taw; (3) ensure that public records
that are exempt or confidential and exempt from .public records 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 service. If Provider transfers aft 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 determine to dispute any public access provision required by Florida Statutes, then
Provider shall do so at its own expense and at no cost to the City.
IF PROVIDER AS 1E11. CONTRACTOR UNDER THIS AGREEMENT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
PROVIDER'S DUTY AS TH . CONTRACTOR'S TO PROVIDE PUBLIC RECORDS RELATLNG
TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT '!'HE CITY'S
13ff09 Ermir
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DocuSign Envelope ID: A438D3CA-2CA3-4C95-B32A-18AA1F943265
CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL:
PubiicRecords@miamigtov.com, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE
OF THE CITY ATTORNEY, 9' FLOOR, ML4MI RIVERSIDE CENTER, 444 S.W. 2`iD AVENUE,
MIAMI, FLORIDA 33130 OR TO THE CITY'S PARKS AND RECREATION DEPAR .TMENT
CUSTODIAN OF RECORDS AT 8114 FLOOR, MLkMI RIVERSIDE CENTER, 444 S.W. 2'p
AVENUE, MIAMI, FLORIDA 33130.
XVII. Proper Authority:
Each of the Parties and its officers represent and %arrant that they are authorized to enter into this
Agreement and execute the same without further authority.
XVIII. 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.
IN WITNESS WHEREOF, the Parties hereto have caused this 7-page Agreement to be executed by their
officials thereunto duly authorized.
THE CITY OF MIAMI, A FLORIDA MUNICIPAL
CORPORATION
By: _Arthu oriega V
Signature
Date:
Attest:
By: Igdd Hannon
Title: City Clerk
Approved as to
v
v:
Ann -Mali
By:
13.!iO9 E:nur
wey, Dir. and Recreation
STATE OE FLORIDA, DEPARTMENT
OF HEALTH MIAMI-DADE COUNTY
By: Yesenia Vi lalta, APRN.
Signature:
Tile: Administrator ! ealth Officer
Date:
tis
Bv: Dr. Sar^.ir Eirnir PhD P 8 CEE RCEHP
Signature:
Tide: Dir. Env;
Services
End of Text
ntal Health &i En>ineerin»r
Page ; 6
DocuSign Envelope 10. A43BC3CA-2CA3-4095-332A-1 BAA1 F943265
Mission:
Ta Irma name Sincaptie tie :reaz
lad woe n Ponca tuougr nmgratec
WOO noun y 8Dorninuniti efforts
Ron DeSantis
Scott A. Rivkaes, MD
State SUrcecn venera4
Vision: De :n,e heattniest State in tie Motion Exhibit A
Bill To:
Kevin M. Kirwin
City cf Miami
Director of Parks and Recreation
444 SW 2"Avenue, 8th Roger
Miami, Fonda 33130
Date: Invoice #:
Bill From:
MIIda Belette
Operations Analyst II
Account Payables
Miami -Dade Ccunty Health Department
8175 NW 12'" Street. #306
Doral, FL 33126
SERVICES
PROVIDED
BILLING PERIOD TOTAL SERVICES RATE PER
PROVIDED SERVICES
AMOUNT
REQUESTED FOR
PAYMENT
Total amount requested for payment: $
Please make check payable to:
State of Florida, Department of Heaitn
8175 NW 12p1 Street, Suite 306
Dorat, FL 33126
7
Florida Department of Health
In Mtam1-Dad County
az 3 tvW 12 Stseet Suite 214 • Warm, Fla 23'26
PW.,t4E 786-345436C • FAX 786.345- O6
Accredited Health Department
Pthilc Health Accreditation Board