HomeMy WebLinkAbout23577AGREEMENT INFORMATION
AGREEMENT NUMBER
23577
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA DEPT OF HEALTH
DESCRIPTION
MEMORANDUM OF AGREEMENT/ENVIRONMENTAL TESTING
AT VIRGINIA KEY BEACH NORTH POINT PARK/MATTER ID:21-
1122/#70
EFFECTIVE DATE
September 1, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
8/20/2021
DATE RECEIVED FROM ISSUING
DEPT.
8/27/2021
NOTE
,9 71
CITY OF MIAMI
DOCUMENT ROUTING. FORM
ORIGINATING DEPARTMENT: Park and Recreation
DEPT. CONTACT PERSON: LaCleveia Morley EST. 305.416.1332
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Florida Department Of Health
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: S 19163.58 FUNDING INVOLVED? YES ® NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
0 PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
0 EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) Memorandum of Agreement
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
0 INTER -LOCAL AGREEMENT
0 LEASE AGREEMENT
.❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): To execute the contract for the Miami- Dade Environmental Health and Engineering
Services to conduct beach water testing/sampling to evaluate any potential for contaminants and potential disease'outbreaks.
COMMISSION APPROVAL DATE: / / FILE ID: NJA ENACTMENT NO.: N/A
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: City Manager Authority. Contract under
threshold.
.4- ROUTING•INFORMATION•
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT: B r dez
SIGNATURE: /
SUBMITTED TO RISK MANAGEMENT
7/16/21
PRINT:' '
Ann/�arie Sharpe
SIGNATURE: ;
SUBMITTED TO CITY ATTORNEY
PRINT: /
SCe2frtCtl7 L. 7lr�L
SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
�J/S/202_I
PRINT: ' Natasha Colebroo - Williams
SIGNATURES (1 /
APPROVAL BY DEPUTY CITY MANAGER
PRINT:
r. Nzeribe Ihekwaba
SIGNATURE:
RECEIVED BY CITY MANAGER
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SIGNATURE:
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SIGNATURE:
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EASE ATTACH THIS -'OUTING FORM: TO ALL DOCUMENTS THA REQUIR
EXECUTION BY THE CITY MANAGER
.fi
Memorandum Of Agreement
Purpose: To sign agreement to enter into a MOA for environmental testing at Virginia Key Beach North
Point Park.
Summary of Memorandum of Agreement:
• The City of Miami Parks Department wants to hire the State of Florida, Department of Health,
Miami -Dade County to perform environmental services to identify and evaluate significant
problems and sources for potential disease outbreaks or disease causing microorganism at
Virginia Key Beach North Point Park.
• DOH will conduct water testing/sampling at the designated site at least one time per week to
identify and evaluate any significant problems and sources for potential disease outbreaks,
contaminants, and/or pathogens during the effective time frame of the agreement.
• Term will be for three years and agreement will end on August 31, 2023
• Year of service will take place in quarters
o June 15L—August 31st
o September 15t — November 30th
o December 1st— February 28th
o March 1st- May 31st
• The provider shall complete no less than 1 water sampling per week and no more than 62
samplings (including repeat samplings that may be required) during the effective period.
• The total cost for services is estimated at $19,163.58.
o If additional water samplings are required, the city will be invoiced and additional
$100.00 per sampling.
• The City has worked with DOH for the last three years to perform these tests.
DocuSign Envelope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
CON TRACT SUMMARY
This contract actionhas completed the Department's routing process and has.
received the: required approvals for execution.
Division/CHD/Off ce:
Provider Name:
Contract, Number:
Original Contract Amount:
Total Contract Amount (executed actions):
Original Contract Start Date:
Contract End Date (executed actions):
Miami -Dade.
City, of Miami
'13J64
$19,163.58
.$0.00
. 09/01 /2020
08/31/2023
DESCRIPTION OF CONTRACTUAL SERVICES:
The FDOH-Miami-Dade Environmental Health and Engineering Services shall .conduct beach water
testing/sampling at the City of Miami, FL ("Designated Site") -at (east 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:
AMENDMENT(Y/N): M AMENDMENT AMOUNT: 0.00
CHANGE TO TERM(Y/N): N START END DATE: 08/31 /2023
DATE:09/01/2020
RENEWAL:
START DATE:
RENEWAL AMOUNT:
END DATE:
DESCRIPTION OF CONTRACT AMENDMENT ACTION:
This contract complies with all 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 287.057(1), Florida
Statutes, the costs of the contract are themost advantageous to the state or offer the best value
DocuSign Envelope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
,
MEMORANDUM OF AGREEMENT
BETWEEN
STATE OF FLORIDA, DEPARTMENT OF HEALTH -
MIAMI-DADE COUNTY
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, 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. 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. §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 for services rendered for
a specific cost and period.
4. Designated Site: Virginia Key Beach Park located at 3801 Rickenbacker Causeway, Miami, FL 33149.
5. Period: The time frames outlined in section 111.5 (a).
H. RECITALS
The Parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference.
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Docusign Envelope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
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 sufficientstaffing 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,
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
effectuated per contract year.
Quarter: Covered Period:
1st. June 151— August 31 a
2nd. September I" —November 30'h
3rd. December 1' — February 28'h
4th. March 1s'— May 31n
(b) To invoice 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) and/or
updates (advisories) using email, telephone call, fax, media outlets, DOH Website:
m iam idade.floridahealth.gov.
7. To provide all staff, supplies and equipment necessary to perform, conduct, and complete the
activity in section III.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.
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DocuSi9n Envelope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
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 III.5 (a) of this Agreement.
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, 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 II1.1 of this Agreement is estimated at $19,163.58
during the effective period specified in section VII of this Agreement. If the total cost for the services
set forth in section III.1 of this Agreement may exceed $19,163.58, 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 $100.00 per sampling.
Beach Water Sampling Fee Schedule
Year 1
Year 2
Year 3
Sampling
Performed
Minimum
Maximum
Unit*
Rate
Weekly
1
52
$100.00
Repeat
1
10
$100.00
Sampling
Performed
Minimum
Maximum
Unit*
Rate
Weekly
1
52
$103.00
Repeat
1
10
$103.00
Sampling
Performed
Minimum
Maximum
Unit*
Rate
Weekly
1
52
$106.09
Repeat
1
10
$106.09
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3. The environmental fees will be increased automatically by 3%, or the current inflation
rate, whichever is higher, annually, beginning the !St of October of each year as
approved by the county mayor or county mayor's designee. The Department shall
round any increased fees to the next highest whole five (5) dollar increment.
4. Any and all retroactive payments shall be made for the period during which the Provider
has completed services without the benefit of an executed Agreement that is since
September 15t, 2020.
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 sent/addressed to persons other than who is stated below shall be deemed "undelivered".
All notices must be addressed, respectively, as follow:
Copy to:
VII. Modification:
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
The City of Miami, Florida
City of Miami Department of Parks & Recreation
Attention: Barbara Hernandez
444 SW 2nd Avenue, 8`h 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.
VIII. Effective Period:
T is Agreement: shall:begin;on;'September 1
IX. Independent Capacity of the Contractor:
is Agreement shall end on.August 3'1st'2023.
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.
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DocuSi9n Envplope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
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.
XI. 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.
XII. 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.
XIII. 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 Iaw 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
limitation: (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 provided for in Chapter 119, or otherwise provided by law; (3) ensure that public records
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DocuSign EnvpIope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
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 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 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 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.com, AND MAILING ADDRESS: PUBLIC RECORDS C/O 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.
XVII. 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.
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 enteredinto 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 8-page Agreement to be executed by their
officials thereunto duly authorized.
THE CITY OF MIAMI, A FLORIDA MUNICIPAL STATE OF FLORIDA, DEPARTMENT
CORPORATION OF HEALTH MIAMI-DADE COUNTY
By: Arthur Nora
Signature:
Title: City Mana
Date: a 3 ! 7/
By: Yesenia Villalta, APRN, DNP, MSN
OecuSigned
Signature: Cv titaa
Title: Administrator/Health Officer
Date: 7/15/2021
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DocuSign Envelope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
Attest:
By: Todd Hannon
S
Title: City Clerk
Approved as to Form and Correctness:
By: . A. 6 L. 7 6/6/6>
Victor' Mendez, City Attorney
(21-1122 / JTM)
Approved as to Insurance Requirements:
By:
Ann -Marie S e, ir. Risk Management
ndez, Dir. of Parks and Recr atio
1 Ci& 44A./.
End of Text
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DocuSign envelope ID: 3E79EBAB-B611-47AE-925E-0A79334C3F29
Mission:
7a pied, filmset improve the heat
et ail p opte in Florda thntughIntegrated
sWe, county 8 comity effects.
HEALTH
ton:Zo t e the lfeailhiest State in the nation
Ron DoSantis
Governer
Scott A. Rivkees, MD
State Surgeon General
Exhibit A
Bill To:
LaCieveia Morley
Assistant to the Director
Administration Division City of Miami
444 SW 2` d Avenue;8t Floor
Miami, F(_33130
Contract No:
Date: Invoice #:
Bill From:
Miida. Belette
Operations Analyst It
Billing Office
Miarni-Dade County Health Department
8175 NW 1•2th Street, 0306
Doral, FL 33126
SERVICES
PROVIDED
BILLING PERIOD
TOTAL SERVICES
PROVIDED
RATE PER
SERVICES
AMOUNT
REQUESTED FOR
PAYMENT
Payment requested for monitoring completed at the locations per Exhibit B.
Total amount requested. for payment: $
Please make check payable to:
State of Florida, Department of Health
8175 NW 12'n Street, Suite 305
Doral, FL 33126
8
Florida Department of Health
in,Miami-Dade County
8323 h'1'112 5tteel, Suite 214 • liicami, Maeda 33125
Pkp:4;:756 8454300 • FA t: 788.545•Q3'.3
Accredited Health Department
Public Health Accreditation Board