HomeMy WebLinkAbout23005AGREEMENT INFORMATION
AGREEMENT NUMBER
23005
NAME/TYPE OF AGREEMENT
BISCAYNE BAY WATERKEEPER INC
DESCRIPTION
PROFESSIONAL SERVICES AGREEMENT / WATER QUALITY
MONITORING SERVICES / MATTER ID:19-1659 / #156
EFFECTIVE DATE
February 4, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
2/5/2020
DATE RECEIVED FROM
ISSUING DEPT.
2/11/2020
NOTE
CITY OF Mf' I
DOCUMENT ROUT ...a FORM
3oo5
ORIGINATING DEPARTMENT: Procurement Department
DEPT. CONTACT PERSON: Aileen Carbonell/Tahlia Gray EXT. 1922
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Biscayne Bay Waterkeeper Inc
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? E YES 0 NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? DADS J N:
TYPE OF AGREEMENT: cr.):;-
❑ MANAGEMENT AGREEMENT
0 PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGRE,EMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
El PUBLIC WORKS AGREEMEN'i-
❑ MALNTENANCE AGREEMENT rter `
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUNLMARY): PSA between City of Miami and Biscayne Bay Waterkeeper Inc dba
Miami Waterkeeper - Water Quality Monitoring Services for Signature Ac 1 migiest s - G spM WL<._
� = ftvw't •' 'Ay' l „ fkfc0d4 Mot 4 .a 4 /fit vin,, ?r.el &cal!! 1�r/i ,4.4Q b •,6 S:
COMMISSION APPROVAL DATE: 12 /42 / 2019 FILE ID: 6763 ENA(:TMENT NO.: R-19-0505
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
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ROUTING. INFORMATION-< `. `'.,;= _,; ':*-
'~�
Date
PLEASE PRINT AND SIGN
i
(2'' � `-
PRINT: Annie Perez, CPPO
SIGNATURE: c,k---
APPROVAL BY DEPARTMENTAL DIRECTOR
PR 20063
SUBMITTED TO RISK MANAGEMENT
MATTER ID No. 19-1659
/ ZP 74)
PRINT: Ann -.�arie S e
Pk ' - Ai Q 1(.....,
SIGNATURE:
SUBMITTED TO CITY ATTORNEY
ZJ
o
PRINT: Victoria Menez
✓ &.0 VcLc2 ro4
SIGNATURE i /�,`
APPROVAL BY ASSISTANT CITY MANAGER
do/ -AP Pi re u p° ?
7/;/ 2z,
PRINT: Sanridceman)
SIGNATURE.
``
BY DEPUTY CITY MANAGER
2-7/ iiaAPPROVAL
/L
PRINT: Joe F. Napoli
SIGNATURE: t iJ, 4
RECEIVED BY CITY MANAGER .
PRINT: Emilio T. Gonzalez, Ph.D.
SIGNATURE:
1) ONEORIGINALTOCITY,CLERK.
2) ONErCOPY_TO CITY;ATTORNEY'SiOFFICE;
3) REMAINING ORIGINAL(S)TOORIGINATING
DEPARTMENT
PRINT: Todd Hannon
SIGNATURE:
PRINT Victoria Mendez
SIGNATURE:
PST:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Aileen Carbonell, Procurement Assistant
Tahlia Gray, Procurement Analyst
Procurement - COM
FROM: Pablo R. Velez, Assistant City Attorney
DATE: January 31, 2020
RE: Biscayne Bay Waterkeeper, Inc. d/b/a Miami Waterkeeper - Bid Waiver
Matter ID No.: 19-1659
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and correctness. Once this agreement has been fully executed please file one
original agreement with the City Clerk as the official record, please keep one original agreement
as your Department record, and please e-mail a copy of the fully executed agreement to my
assistant at tmickens@miamigov.com. We will be closing our file on this matter unless
additional services are requested.
If you have further questions, please feel free to contact me at 305-416-1800.
Enclosure(s)
WHEN RETURNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
19-1659
1286732
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 (4/5THS) 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:
ati—iaerd&ndez, iry ttor
ey 12/3/2019
Date: 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 an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
General Account No.: 13000.201000.534000
Reviewed B
Department of Resilience and Public Works
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 Attomey Pablo Velez
Office of the City Attomey Bamaby L. Min
Office of the City Attomey 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
Department Head
Budget Analyst Review Completed
Budget Review Completed
Assistant City Manager Review Completed
Legislative Division Review Completed
City Manager Review Completed
ACA Review Completed
Deputy City Attorney Review Completed
Approved Form and Correctness Completed
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered 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
PROFESSIONAL SERVICES AGREEMENT
By and Between
The City of Miami, Florida
And
Biscayne Bay Waterkeeper, Inc. d/b/a Miami Waterkeeper
This Professional Services Agreement ("Agreement") is entered into this 7th day of
February, 2020 by and between the City of Miami, a municipal corporation of the State of
Florida, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and,
Biscayne Bay Waterkeeper, Inc. d/b/a Miami Waterkeeper ("Miami Waterkeeper"), a corporation
authorized to do business in the State of Florida, hereinafter referred to as the ("Contractor").
RECITALS:
WHEREAS, the City of Miami approved Resolution 19-0505, adopted on December 12,
2019, and the City and Contractor entered into a Service Agreement dated February 7, 2020, to
provide water quality monitoring services for the Department of Resilience and Public Works; and
WHEREAS, the City Manager and the Chief Procurement Officer have recommended that
the requirements for competitive sealed bidding procedures be waived and that the procurement
of the above service, as specified, be approved; and
WHEREAS, based on the written recommendation of the City Manager and the Chief
Procurement Officer the City Commission has approved, by a 4/5th vote, a bid waiver as not being
practicable or advantageous to the City in this instance; and,
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Contractor and the City agree as follows:
19-1659
TERMS:
1. RECITALS AND INCORPORATIONS; DEFINITIONS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement. The Services, Scope of Work, is hereby incorporated into and made a part of this
Agreement and attached hereto as Exhibit "A". The Contractor's Pricing Proposal is made part of
this Agreement as attached Exhibit "B". The Contractor's Frequency of Maintenance is made part
of this Agreement as attached Exhibit "C". The Contractor's Insurance Certificate is hereby
incorporated into and made a part of this Agreement as attached Exhibit "D". The order of
precedence whenever there is conflicting or inconsistent language between documents is as
follows in descending order of priority: (1) Professional Services Agreement ("PSA"), inclusive of
Exhibits, as may be amended; and (2) Contractor's proposal dated April 15, 2019, acknowledging
scope of services and pricing component of services.
2. TERM:
The Agreement shall become effective on the date on the first page, and shall be for the
duration of one (1) year with no option to renew. The City Manager shall have the option to
terminate the Agreement for convenience, that is, for any or no cause.
3. SCOPE OF SERVICES:
A. Contractor agrees to timely and competently provide the Services as specifically
described, and under the special terms and conditions set forth in Exhibit "A", which by this
reference is incorporated into and made a part of this Agreement.
B. Contractor represents to the City that: (i) it possesses all qualifications, licenses,
certificates, registrations, authorizations, and expertise required for the performance of the
Services, including but not limited to full authorization and qualifications to do business in Florida;
and (ii) it is not delinquent in the payment of any sums due the City, its agencies and
19-1659
instrumentalities, including payment of permits, fees, occupational licenses, fines, liens,
violations, etc., nor in the performance of any contractual obligations or payment of any monies
to the City, its agencies and instrumentalities, or has not been debarred by any Florida public
agency or been placed on the convicted vendors list pursuant to § 287.133, Florida Statutes; and
(iii) all personnel assigned to perform the Services are and shall be, at all times during the term
hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will
be performed in the manner described in Exhibit "A"; and (v) each person executing this
Agreement on behalf of Contractor has been duly authorized to so execute the same and fully
bind Contractor as a party to this Agreement.
C. Contractor shall at all times provide fully qualified, competent ,and physically
capable employees to perform the Services under this Agreement. City may require Contractor
to remove any employee the City deems careless, incompetent, insubordinate, or otherwise
objectionable and whose continued services under this Agreement is not in the best interest of
the City.
4. COMPENSATION:
A. The amount of compensation payable by the City to the Contractor shall be based
on the rates quoted in Exhibit "A" hereto, which by this reference is incorporated into and made a
part of this Agreement; provided, however, that in no event shall the amount of compensation
exceed a cumulative total of $50,000 in any one (1) calendar year for the Services provided under
this Agreement, inclusive of any costs and expenses.
B. Unless otherwise specifically provided in Exhibit "A", payment shall be made within
thirty (30) days after receipt of Contractor's invoice for Services performed, which shall be
accompanied by sufficient supporting documentation and contain sufficient detail, to allow a
proper audit of expenditures, should the City require one to be performed. Invoices shall be
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sufficiently detailed to comply with the "Florida Prompt Payment Act", §§218.70. - 218.79, Florida
Statutes, and other applicable laws. No advance payments shall be made at any time.
C. Contractor agrees and understands that (i) any and all subcontractors providing
Services related to this Agreement shall be paid through Contractor and not paid directly by the
City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the
Services related to this Agreement shall be borne solely by Contractor.
D. The City will pay Contractor one hundred percent (100%) of each total invoice
amount, up to a maximum total of $50,000 for a one (1) year during the term of the Agreement.
5. OWNERSHIP OF DOCUMENTS:
Contractor understands and agrees that any information, document, data, report or any
other material whatsoever which is given by the City to Contractor, its employees, or any
subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively
for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the
property of the City. Contractor agrees not to use any such information, document, data, report
or material for any other purpose whatsoever without the written consent of the City Manager,
which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor
is permitted to make and to maintain duplicate copies of the files, records, documents, data etc.
if Contractor determines copies of such records are necessary subsequent to the termination of
this Agreement; however, in no way shall the confidentiality as permitted by applicable law be
breached. The City shall maintain and retain ownership of any and all documents and data which
result upon the completion of the work and Services under this Agreement as per the terms of
this Section 5.
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6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
A. Contractor agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, data, and records, including, without limitation,
electronic records of Contractor which are directly pertinent to this Agreement, for audit,
examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up
to three (3) years following the date of final payment by the City to Contractor under this
Agreement, audit and inspect, or cause to be audited and inspected, those books, documents,
data, papers, and records of Contractor which are related to Contractor's performance under this
,Agreement. Contractor agrees to maintain all such books, documents, papers, data, and records
at its principal place of business for a period of three (3) years after final payment is made under
this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or
refusal to comply with, this condition shall result in the immediate cancellation of this Agreement
by the City.
B. The City may, at reasonable times during the term hereof, inspect the Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Contractor under this Agreement conform to the
terms hereof. Contractor shall make available to the City all reasonable facilities and assistance
to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of §§ 18-101 and 18-
102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from
time to time.
7. AWARD OF AGREEMENT:
Contractor represents and warrants to the City that it has not employed or retained any
person or company employed by the City to solicit or secure this Agreement and that it has not
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offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage
fee, or gift of any kind contingent upon or in connection with, the award of this Agreement.
8. PUBLIC RECORDS: (Non -Negotiable)
A. Contractor understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City 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. Contractor's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
B. Contractor shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this service; (2) provide the public with access to public
records on the same terms and conditions as the City would at the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt
or confidential and exempt from disclosure are not disclosed except as authorized by law; (4)
meet all requirements for retaining public records and transfer, at no cost, to the City all public
records in its possession upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide
all electronically stored public records that must be provided to the City in a format compatible
with the City's information technology systems. Notwithstanding the foregoing, Contractor 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.
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C. Should Contractor determine to dispute any public access provision required by
Florida Statutes, then Contractor shall do so in accordance with the provisions of chapter 119,
Florida Statutes, at its own expense and at no cost to the City.
D. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (305) 416-1830, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR
REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND
AVENUE, 9TH FL, MIAMI, FL 33130.
9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Contractor understands that agreements with local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, ethics,
lobbying, record keeping, etc. City and Contractor agree to comply with and observe all such
applicable federal, state and locallaws, rules, regulations, codes and ordinances, as they may be
amended from time to time.
Contractor further agrees to include in all of Contractor's agreements with subcontractors
for any Services related to. this Agreement this provision requiring subcontractors to comply with
and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances,
as they may be amended from time to time.
10. INDEMNIFICATION:
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and
expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful
19-1659
misconduct of Contractor and persons employed or utilized by Contractor in the performance of
this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save
and hold harmless for, and defend (at its own cost), the City its officials and/or employees against
any civil actions, statutory, administrative , regulatory, or similar claims, injuries or damages
arisingor resulting from the permitted Work, or from the Contractor's alleged non-compliance with
legal or contractual requirements relative to the permitted Work, even if it is alleged that the City,
its officials, and/or employees were negligent. In the event that any action or proceeding is
brought against the City by reason of any such claim or demand, the Contractor shall, upon written
notice from the City, resist and defend such action or proceeding by counsel satisfactory to the
City. The Contractor expressly understands and agrees that any insurance protection required by
this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate the Contractor to defend, at its own cost
and expense, to and through trial, administrative, regulatory, appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against the
City, whether performed by the Contractor, or persons employed or utilized by Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will
be interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as may be
applicable and as amended.
Contractor shall require all sub -contractor agreements to include a provision that each
sub -Contractor will indemnify the City in substantially the same language as this Section. The
Contractor agrees and recognizes that the City shall not be held liable or responsible for any
claims .which may result from any actions or omissions of the Contractor in which the City
19-1659
participated either through review or concurrence of the Contractor's actions. In reviewing,
approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City,
in no way, assumes or shares any responsibility or liability of the Contractor or sub -contractor
under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is voluntarily and knowingly acknowledged by the Contractor.
Contractor understands and agrees that all liabilities regarding the use of any
subcontractor, supplier, laborer, or material person for Services related to this Agreement shall
be borne solely by Contractor throughout the duration of this Agreement and that this provision
shall survive the termination or expiration of this Agreement, as applicable.
11. DEFAULT:
If Contractor fails to comply materially with any term or condition of this Agreement, or fails
to perform in any material way any of its obligations hereunder, and fails to cure such failure after
reasonable notice from the City, then Contractor shall be in default. Contractor understands and
agrees that termination of this Agreement under this section shall not release Contractor from any
obligation accruing prior to the effective date of termination. Should Contractor be unable or
unwilling to commence to perform the Services within the time provided or contemplated herein,
then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred
by the City in preparation and negotiation of this Agreement, as well as all costs and expenses
incurred by the City in the re -procurement of the Services, including consequential and incidental
damages.
19-1659
12. RESOLUTION OF AGREEMENT DISPUTES:
Contractor understands and agrees that all disputes between Contractor and the City
based upon an alleged violation of the terms of this Agreement by the City shall be submitted to
the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in
connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved
or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief
unless: (i) it has first received City Manager's written decision, approved by the City Commission.
if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents
($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a
detailed statement of the dispute, accompanied by all supporting documentation or ninety (90)
days if City Manager's decision is subject to City Commission approval); or (iii) City has waived
compliance with the procedure set forth in this section by written instruments, signed by the City
Manager. In no event may the amount of compensation under this Section exceed the total
compensation set forth in Section 4 (A) of this Agreement.
13. TERMINATION; OBLIGATIONS UPON TERMINATION: (Non -Negotiable)
A. The City, acting by and through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to
Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such
event, the City shall pay to Contractor compensation for Services rendered and approved
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Contractor for any additional compensation and expenses incurred, other than that provided
herein, and in no event shall the City be liable for any consequential or incidental damages. The
Contractor shall have no recourse or remedy against the City for a termination under this
subsection except for payment of fees due prior to the effective date of termination.
19-1659
B. The City, by and acting through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a
material breach hereunder, and failure to cure the same within thirty (30) days after written notice
of default. A material breach for purposes of this Agreement shall mean a contract law term which
refers to a failure of performance under the Agreement which is significant enough to give the
City the right to sue for breach of contract. In such event, the City shall not be obligated to pay
any amounts to Contractor for Services rendered by Contractor after the date of termination, but
the parties shall remain responsible for any payments that have become due and owing as of the
effective date of termination. In no event shall the City be liable to Contractor for any additional
compensation and expenses incurred, other than that provided herein, and in no event shall the
City be liable for any direct, indirect, consequential or incidental damages.
14. INSURANCE:
A. Contractor shall, at all times during the term hereof, maintain such insurance
coverage(s) as may be required by the City. The insurance coverage(s) required as of the
Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by
this reference. The Contractor shall add the City of Miami as an additional insured to its
commercial general liability, and auto liability policies, and as a named certificate holder on all
policies. Contractor shall correct any insurance certificates as requested by the City's Risk
Management Administrator. All such insurance, including renewals, shall be subject to the
approval of the City for adequacy of protection and evidence of such coverage(s) and shall be
furnished to the City Risk Management Administrator on Certificates of Insurance indicating such
insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with
no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates
of Insurance shall be filed with the City prior to the performance of Services hereunder, provided,
19-1659
however, that Contractor shall at any time upon request file duplicate copies of the Certificate of
Insurance with the City.
B. Contractor understands and agrees that any and all liabilities regarding the use of
any of Contractor's employees or any of Contractor's subcontractors for Services related to this
Agreement shall be borne solely by Contractor throughout the term of this Agreement and that
this provision shall survive the termination of this Agreement. Contractor further understands and
agrees that insurance for each employee of Contractor and each subcontractor providing Services
related to this Agreement shall be maintained in good standing and approved by the City Risk
Management Administrator throughout the duration of this Agreement.
C. Contractor shall be responsible for assuring that the insurance certificates required
under this Agreement remain in full force and effect for the duration of this Agreement, including
any extensions hereof. If insurance certificates are scheduled to expire during the term of this
Agreement and any extension hereof, Contractor shall be responsible for submitting new or
renewed insurance certificates to the City's Risk Management Administrator as soon as
coverages are bound with the insurers. In the event that expired certificates are not replaced, with
new or renewed certificates which cover the term of this Agreement and any extension thereof:
(i) the City shall suspend this Agreement until such time as the new or renewed
certificate(s) are received in acceptable form by the City's Risk Management
Administrator; or
(ii) the City may, at its sole discretion, terminate the Agreement for cause and seek
procurement related damages from Contractor in conjunction with the violation of the
terms and conditions of this Agreement.
D. Compliance with the foregoing requirements shall not relieve Contractor of its
liabilities and obligations under this Agreement.
19-1659
15. NONDISCRIMINATION:
Contractor represents to the City that Contractor does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with Contractor's
performance under this Agreement because of race, color, sex, religion, age, handicap, marital
status or national origin. Contractor further covenants that no otherwise qualified individual shall,
solely because of his/her race, color, sex, religion, age, handicap, marital status or national origin,
be excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
16. ASSIGNMENT:
The Contractor's services are considered unique in nature. This Agreement shall not be
assigned, sold, conveyed or pledged by Contractor, in whole or in part, and Contractor shall not
assign any part of its operations under this Agreement, without the prior written consent of the
City Manager, which may be withheld or conditioned, in the City's sole discretion through the City
Manager.
17. NOTICES:
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party
may designate by notice given as herein provided. Notice shall be deemed given on the day on
which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
19-1659
TO CONTRACTOR:
Rachel Silverstein, Ph.D.
Executive Director
Miami Waterkeeper
2103 Coral Way, 2nd Floor
Miami, FL 33145
TO THE CITY:
Emilio T. Gonzalez, Ph.D.
City Manager
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130-1910
With copies to :
Alan E. Dodd, PE
Resilience and Public Works Director
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130-1910
Annie Perez, CPPO
Procurement Director
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130-1910
18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida.
Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted
by motion or pleading, that the aforementioned courts are an improper or inconvenient venue.
Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and
irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a
jury trial.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
C. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
19-1659
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable, then the same shall be deemed severable, and
in either event, the remaining terms and provisions of this Agreement shall remain unmodified
and in full force and effect or limitation of its use.
D. Contractor shall comply with all applicable laws, rules and regulations in the
performance of this Agreement, including but not limited to licensure, and certifications required
by law for professional service Contractors.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto. Except as otherwise set forth in Section
2 above, the City Manager shall have the sole authority to extend, amend, or modify this
Agreement on behalf of the City.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns.
20. INDEPENDENT CONTRACTORS:
Contractor has been procured and is being engaged to provide Services to the City as an
Independent Contractor, and not as an agent or employee of the City. Accordingly, neither
Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services
under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service
or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified
employees. Contractor further understands that Florida Workers' Compensation benefits
available to employees of the City are not available to Contractor, its employees, or any
subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to
19-1659
provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance
for any employee or agent of Contractor rendering Services to the City under this Agreement.
Contractor further understands and agrees that Contractor's or subcontractors' use or entry upon
City properties shall not in any way change its or their status as an Independent Contractor.
21. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in
applicable laws or regulations, or program requirements or continuation, upon thirty (30) days
written notice.
22. FORCE MAJEURE:
A "Force Majeure Event" shall mean an act of God, act of governmental body or military
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters,
epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or
embargo. In the event that either party is delayed in the performance of any act or obligation
pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for
required completion of such act or obligation shall be extended by the number of days equal
to the total number of days, if any, that such party is actually delayed by such Force Majeure
Event. The party seeking delay in performance shall give notice to the other party specifying
the anticipated duration of the delay, and if such delay shall extend beyond the duration
specified in such notice, additional notice shall be repeated no Tess than monthly so long as
such delay due to a Force Majeure Event continues. Any party seeking delay in performance
due to a Force Majeure Event shall use its best efforts to rectify any condition causing such
delay and shall cooperate with the other party to overcome any delay that has resulted.
19-1659
23. CITY NOT LIABLE FOR DELAYS:
Contractor hereby understands and agrees that in no event shall the City be liable for,
or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or
on account of, any stoppages or delay(s) in work herein provided for, or any damages
whatsoever related thereto, because of any injunction or other legal or equitable proceedings
or on account of any delay(s) for any cause over which the City has no control.
24. USE OF NAME/ SEAL:
Contractor understands and agrees that the City is not engaged in research for
advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited
scope of normal and customary marketing and promotion of its work, to use the general results
of this project and the name of the City. The Contractor may not utilize the City's official seal or
any likeness thereof. The Contractor agrees to protect any confidential information provided by
the City and will not release information of a specific nature without prior written consent of the
City Manager or the City Commission.
25. NO CONFLICT OF INTEREST:
Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding
conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor,
no employee, and no subcontractor under this Agreement nor any immediate family member of
any of the same is also a member of any board, commission, or agency of the City. Contractor
hereby represents and warrants to the City that throughout the term of this Agreement, Contractor,
its employees, and its subcontractors will abide by this prohibition of the City Code.
19-1659
26. NO THIRD -PARTY BENEFICIARY:
No persons other than the Contractor and the City (and their successors and assigns)
shall have any rights whatsoever under this Agreement. There are no express or implied Third
Party Beneficiaries to this Agreement.
27. SURVIVAL:
All obligations (including but not limited to indemnity and obligations to defend and hold
harmless) and rights of any party arising during or attributable to the period prior to expiration or
earlier termination of this Agreement shall survive such expiration or earlier termination.
28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY:
Contractor hereby certifies, represents and warrants to the City that on the date of
Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force
and effect, the wage rates and other factual unit costs supporting the compensation to Contractor
under this Agreement are and will continue to be accurate, complete, and current. Contractor
understands, agrees and acknowledges that the City shall adjust the amount of the compensation
and any additions thereto to exclude any significant sums by which the City determines the
contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such contract adjustments shall be made within
one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant
to the provisions hereof.
29. COUNTERPARTS:
This Agreement may be executed in three (3) or more counterparts, each of which shall
constitute an original, but all of which, when taken together, shall constitute one and the same
agreement.
19-1659
30. ENTIRE AGREEMENT:
This instrument and its exhibits constitute the sole and only agreement of the parties
relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect.
19-1659
City of Miami, Florida
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
j�-
Todd B. Hannon,
ATTEST:
Print Name: ea. PIDL
Title: 0 1(1-'P ' VI C(h (X
(Corporate Seal)
APPROVED AS TO - • RM
AND CORREC
Vi ria Men
Cit Attorn
ko5q
19-1659
"City"
CITY OF MIAMI, a municipal
corporation
By:
Emilio nzalez, Ph.D., City Manager
"Contractor"
Title: c-e(' ve,
(Authorized Corporate Officer)
APPR
Ann-M
Risk
•�EDAS 0 S
IREME S.
ie Sh
nage
pe
ent Director
•
NCE
City of Miami, Florida
CORPORATE RESOLUTION
(This Resolution needs to authorize the signatory to sign)
WHEREAS, Biscayne Bay Waterkeepr, Inc., a Florida corporation, desires to enter into an
agreement with the City of Miami for the purpose of performing the work -described in the contract
to which this resolution is attached; and
WHEREAS,'the Board of Directors at a duly held corporate meeting has considered the
-matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this
corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any Other document and perform any acts in connection therewith as
may be required to accomplish its purpose.
IN WITNESS WHEREOF, this ICA- day of D 2019.
An 1664-1�..
By:
Print Name:
19-1659
C ("Contractor")
(State) Corporation
(Sign)
EXHIBIT A
SCOPE OF SERVICES
This proposal consists of two types of activities, testing and reporting:
1) Weekly water sampling at 6 sites
The Contractor proposes testing 6 sites weekly. Sites have been chosen based on
preferences indicated by the City in prior communications as well as to provide adequate
spatial coverage of the City shoreline. (However, proposed sites are flexible with
suggested input from the City.) These sites include the below listed locations. Locations
are subject to change at the City's instruction or after approval by the City.
• Ransom Everglades: 25°43'22.4"N 80°14'39.3"W
• Shake -a -leg: 25°43'52.5"N 80°14'02.0"W
• Kennedy Park: 25°44'01.6"N 80°13'39.0"W
• Brickell: 25°45'28.8"N 80° 11'20.7"W
• Jose Marti Park: 25°46'16.8"N 80°12'01.3"W
• Morningside Park: 25°49'23.5"N 80°10'42.2"W
Samples will be collected by Miami Waterkeeper field scientists and analyzed in their
lab at Ransom Everglades using the IDEXX Enterolert rapid -test system, which has
been approved by the EPA for testing bacterial water quality parameters. In addition to
weekly testing, for sponsored sites. the Contractor conducts re -tests when results show
high levels of enterococci (>71 cfu) and the Contractor will provide technical and
scientific information about their testing results specifically and water quality in the Bay
generally to sponsors.
The Florida Health Beaches program uses these criteria to assess recreational water
quality, which we follow:
Good ("green")= 0-35 Enterococci per 100 milliliters of marine water
Moderate ("green") = 36-70 Enterococci per 100 milliliters of marine water
Poor ("red) = 71 or greater Enterococci per 100 milliliters of marine water
(http://www.floridahealth.gov/environmental-health/beach-water-
quality/index.html).
19-1659
Proposed Sampling Sites
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��t�rte #1: Ransom Everglades
2) Swim Guide app expansion and City of Miami Banner Sponsorship Ad
The Contractor will expand the Swim Guide
app to include new water quality testing sites
sponsored by the City. The Contractor will
have the capacity to show that these sites
are "sponsored" by the City by showing a
banner ad on the site on the app or list any
other text information the City would like to
convey and link of choice.
Timeline
The Contractor can launch weekly
sampling starting as soon as the proposal
is approved. The Contractor will launch
our new sites on Swim Guide with the
sponsorship when the sampling begins.
This weekly sampling will continue for one year with the requested level of funding, but
can be extended indefinitely with additional
funding. The project is intended to be a
permanent part of Miami Waterkeeper's
mission.
°Search ad
List
s:2o AM
tte 23Kl i.
Become a member of Miami Waterkeeper today and
ton our fight for clean water.
Virginia Key Beach
Miami, Florida
Updated by Mao Waterkeeper
u
One of the last remaining undeveloped parts of Miami,
Virginia Key Beach was once Inc only public beach and
recreation facility for African Americans in Miami. In August
2002, the site was placed on the N.0ne1 Register of
Historic Places and given a Florida Historical Marker. Closed
by the City of Miami in 1982, the park remained shuttered
until the Grand Re -Opening nl the 82.5 acre property in
2008 when local citizens formed a task force In response to
plans for private development of the property.
More narrow than Its Miami Beaeb near by Key Biscayne
19-1659
Sample Swim Guide app screens. The left shows the overall map;
the right shows a specific beach site with a banner advertisement
for Miami Waterkeeper.
EXHIBIT B
PRICING PROPOSAL
Proposed Budget Summary
• Staff time and transportation for water quality testing (6 sites weekly /year): $42,000
• Sampling equipment and supplies: $4,500
• Swim Guide Build -Out and promotion: $3,500
TOTAL: $50,000 for Year One
19-1659
EXHIBIT C
FREQUENCY OF SAMPLING OF CITY'S WATERWAYS
SAMPLING
The Contractor will test 6 sites on a weekly basis on Mondays. Tests take 24 hours to complete,
and results will be posted online via the Contractor's Swim Guide app on Tuesdays. If desired,
Miami Waterkeeper can also share a google doc spreadsheet with numerical data, time of
testing, and any additional notes to City staff.
In addition to weekly testing, for sponsored sites the Contractor conducts re -tests as soon as
practicable after results show high levels of enterococci (>71 cfu). Follow up tests will continue
until water quality conditions return to normal.
The Contractor can launch weekly sampling starting as soon as the proposal is approved and
sampling will continue for one year from the date of transmittal of funding.
19-1659
EXHIBIT D
INSURANCE REQUIREMENTS
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation -
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
19-1659
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Retro Date Included
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
are subject to review and verification by Risk Management prior to insurance approval.
19-1659
ACORO® GER .-JrICATE OF LIABILITY INSUR 14CE
`..-----
DATE(MMIDO/YYYY)
01/24/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
NEA Insurance Group, LLC
8700 W. Flagler St., Suite 401
Miami FL 33174
CONTACT Ana Sentmanat
NAME:
PHONE (305) 221-2400 FAX (305) 221-2411
(A/C, No, Ext): (A1C, No):
E-MAIL asentmanat@neains.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: The Ohio Casualty Insurance Company -
24074
INSURED
Miami Waterkeeper
2103 Coral Way
2nd Floor
Miami FL 33145
INSURER B : Associated Industries Insurance Company, Inc.
23140
INSURER c : , Lloyds of London
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: CL2012202852
REVISION N
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED'NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBE fHEf2EIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID:CtAI(flrS.
INSR
LTR
TYPE OF INSURANCE
AWL
INSD
SUM
WVD
POLICY NUMBER
POLICY.EFF, '
(MM1DD/YYYY)
. POLICY EXP
(MMIDDIYYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABIUTY
Y
.•. •
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3
,
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02/05/2020
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1/
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02/05/2021
EACH OCCURRENCE
$ 1,000,000
�/
CLAIMS -MADE /� OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
1,000,000
$
MED EXP (Any one person)
$ 10,000
PERSONAL &ADV INJURY
$ 1,000,000
GEN'LAGGREGATE
X
POLICY
OTHER:
LIMIT APPLIES
PER:
LOC
GENERAL AGGREGATE
$ 3,000,000
PRODUCTS-COMP/OPAGG
$ 3,000,000
$
A
AUTOMOBILE
_
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
•
_
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y
"]i
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BK02160687440 )
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+ j�a w
02/05/2020
02/05/2021
COMBINED SINGLE LIMIT
(Ea accident)
$ $1,000,000
BODILYINJURY(Perperson)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE"
+
:7',
'\
,
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
;
YIN
•'`e •%C
N / A
AWC1130684
06/07/2019
06/07/2020
STATUTE
OTH
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
C
Professional Liability
LL0025000
01/22/2020
01/22/2021
Each Claim
Aggregate
Deductible
$1,000,000
$1,000,000
$5,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
City of Miami is listed as additional insured as respects both General Liability and Auto Liability. Primary and non-contributory language included for General
Liability and Auto Liability.
CERTIFICATE HOLDER
CANCELLATION
City of Miami
444 SW 2nd Avenue
Miami
FL 33130
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
6/4/2019
Detail by Entity Name
DIVISION OF CORPORATIONS
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Department of State / Division of Corporations / Search Records / Detail By Document Number /
Detail by Entity Name
Florida Not For Profit Corporation
BISCAYNE BAY WATERKEEPER, INC.
Filing Information
Document Number N10000006319
FEI/EIN Number 27-3627697
Date Filed 07/01/2010
Effective Date 06/30/2010
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 10/04/2010
Event Effective Date NONE
Principal Address
2103 Coral Way
2nd Floor
Miami, FL 33145
Changed: 01/28/2019
Mailing Address
2103 Coral Way
2nd Floor
Miami, FL 33145
Changed: 01/26/2018
Registered Agent Name & Address
Silverstein, Rachel N, Dr.
2103 Coral Way
2nd Floor
Miami, FL 33145
Name Changed: 03/13/2015
Address Changed: 01/26/2018
Officer/Director Detail
Name & Address
Title Director
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6/4/2019
Detail by Entity Name
3o0.�
HORNOR, LAUREN
560 Esquimalt Ave
WEST VANCOUVER V7T1J4 CA
Title Director
. Weitz, H J
465 OCEAN DRIVE #417
MIAMI BEACH, FL 33139-6624
Title Executive Director and Waterkeeper
Silverstein, Rachel
12568 North Kendall Dr.
MIAMI, FL 33186
Title Director
Kushlan, Phil
2545 Swanson Ave
Miami, FL 33133
Title Director
Greg, Clark
11111 Biscayne Blvd
Phase 1
Apt 2104
Miami, FL 33181
Title Director
Clement, Amy, Dr.
1766 Opechee Dr
Miami, FL 33133
Annual Reports
Report Year Filed Date
2017 02/14/2017
2018 01/26/2018
2019 01/28/2019
Document Images
01/28/2019 — ANNUAL REPORT View image in PDF format
01/26/2018 — ANNUAL REPORT View image in PDF format
02/14/2017 — ANNUAL REPORT View image in PDF format
06/29/2016 — ANNUAL REPORT View image in PDF format
03/13/2015 — ANNUAL REPORT View image in PDF format
06/23/2014 — AMENDED ANNUAL REPORT View image in PDF format
03/22/2014 -- ANNUAL REPORT View image in PDF format
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