Memorandum of Agreement with State of Florida, Department of Health (Miami-Dade) 02°/ 2_.
MEMORANDUM OF AGREEMENT
BETWEEN
STATE OF FLOIRIDA,DEPARTMENT OF HEALTH(MIAMI-DADE)
AND
THE CITY OF MIAMI BEACH, FLORIDA
THIS MEMORANDUM OF AGREEMENT is made and entered into by and between the City of Miami
Beach.Florida,hereafter referred to as the"City",and the,State of Florida,Department of Health(Miami-
Dade),hereafter referred to as the"Provider"(collectively,the"Parties").
WHEREAS, the City desires to engage the Provider to perform certain environmental services in order to
identify and/or evaluate significant problems and sources for potential disease outbreaks or disease-causing
microorganism through water sampling a section of the beach maintained by the City and located between West
79th Street to West 83'I Street,Miami Beach,Florida("Designated Site").
WHEREAS, the City, realizes that the Provider has the necessary components in place to carry out certain
environmental services to ensure that water quality in this section or vicinity of the beach meets any and all
requirements from the Department of Health to ensure that all residents and visitors 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 Memorandum of Agreement so same becomes binding and enforceable by and through the
Parties,their heirs and assigns,and agree heretofore:
I. TERMS AND DEFINITIONS
1. Memorandum of Agreement(MOA). The MOA 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:Means the section of beach located between West 79th Street to West 83`c Street,
Miami Beach,Florida.
5. Period:For the purpose of this Agreement,a period means one month of completed services(water
sampling)performed by the Provider at the Designated Site.
II. RECITALS
The Parties mutually agree that the foregoing recitals are true and correct and incorporated herein by
reference.
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m. The Provider agrees to the following:
•
1. To provide testing/sampling at the section of the beach maintained by the City and located
between West 79 Street to West 83 Street,Miami Beach, Florida("Designated Site") in order to
identify and evaluate significant problems and sources for potential disease outbreaks or
contaminants. Beach water samplings will 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.
2. To perform beach water sampling at the Designated Site not less than once per week during the
effective period of this MOA at a rate of$75.00,per sampling.
3. To adhere to and conduct monitoring/sampling services applicable to and within federal and state
rules,regulations,guidelines,and laws.
4. To provide and maintain adequate staffing to conduct the required services in a timely manner.
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:
Quarter. Covered Period:
1st. June 1,2015— August 31,2015
2nd. September 1,2015—November 30,2015
3rd. December 1,2015—February 28,2016
4th. March 1,2016—May 31,2016
(b) To invoice the City only for samplings completed in accordance with the Beach Water
Sampling Fee schedule outlined in section V.2.
6. To notify the City of any beach advisories,clearances(re-openings)and/or updates(advisories)
through the use of email,telephone call,and/or Twitter or other social media.
7. To provide all supplies and equipment necessary to perform,conduct,and complete the services
outlined in this MOA.
N. 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.
2. To notify the public of any beach advisories and rescission advisories through the utilization of
various local media networks(e.g.,TV and Radio)and/or social media(e.g.,Twitter,Instagram,
Facebook).
3. To pay the Provider within 30 calendar days of receipt of a properly completed invoice, on the form
attached as Exhibit A hereto,for the performance of all work completed at the Designated Site during
a period.
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V. Both Parties mutually agree:
1. The total cost for the performing of the services set forth in section III of this MOA is estimated at
$4,650.00 during the effective period specified in section IX of this MOA.
2. During the effective period of this MOA,the Provider shall complete up to the maximum number of
samplings outlined below.In the event that the City requests additional sampling,the Provider shall
complete each sampling at the specified unit rate.
Beach Water Sampling Fee _
Sampling Unit
Performed Minimum Maximum Rate
Weekly 1 52 $75.00
Repeat _ 1 10 $75.00
VI. Termination at Will:
This Memorandum of Agreement may 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 to the following addresses:
City of Miami Beach Florida Department of Health
1700 Convention Center Drive,Fourth Floor 1725 NW 167 Street
Miami Beach,Florida 33139 Miami,Florida 33056
Attention:Jimmy L.Morales Attention:Elmir Samir
City Manager Director of Environmental Health&
Engineering Services
With a copy to:
Raul J.Aguila,City Attorney
City of Miami Beach
1700 Convention Drive,Fourth Floor
Miami Beach,Florida 33139
VII. Modification:
Modifications of provisions of this MOA shall only be valid when they have been reduced to writing and
duly signed by both Parties.
XIII. Renewal:
This MOA may be renewed on a yearly basis.Such renewals shall be made by mutual agreement and
will be contingent on satisfactory performance evaluations as determined by the City.Any renewals
shall be in writing no less than sixty(60)calendar days'notice in writing to the other Party.
IX. Effective and Ending Dates:
This MOA shall begin on the date on which it has been signed by both Parties,or the latest date of signature by
the Parties,whichever is later.This MOA shall end on May 31,2016.
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X. Independent Capacity of the Contractor:
In the performance of this MOA,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 MOA.
XI. Governing Law:
This MOA shall be construed and interpreted in accordance with the laws of the State of Florida.
XI]L Benefit/Assignment:
Subject to provisions herein to the contrary,this MOA 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 MOA without the prior written consent of the other Party,the consent of which shall be given at
that Party's sole discretion.
X.M. Waiver of Breach:
Waiver of breach of any provisions of this MOA 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 MOA.The provisions herein do not limit any
Party's right to remedies at law or in equity.
XIV. Severability:
This MOA 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 MOA shall supersede all previous
communications,representations,or agreements,either verbal or written between the Parties.If any term or
provision of this MOA is found to be illegal or unreasonable,the remainder of the MOA shall remain in
full force and effect,and such term or provision shall be stricken.
XV. Entire Agreement:
This MOA 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 MOA may only be altered,amended,or modified in a writing signed by both Parties. All prior
agreements pertaining to the subject matter of this MOA entered into between the City and the State of
Florida,Department of Health 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 5 page Memorandum of
Agreement to be executed by their officials thereunto duly authorized.
State of Florida,Department of Health
(2. k
City of Miami Beach,Florida (Miami-Dade)
1.1 Name: Jimm Morales ,�''! n N• • :LJL
Ov MEW
Signature ' ai. Si e: .,.►
tn. INCORP( ORATED' *
Title:Ci Man.4111111a. _ Title:Administrator
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Date: � 2 �''�
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APPROVED AS TO
13D87 FORM & LANGUAGE 4
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City Attorney Dote
X. Independent Capacity of the Contractor:
In the performance of this MOA,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 MOA.
XL Governing Law:
This MOA shall be construed and interpreted in accordance with the laws of the State of Florida.
XIL Benefit/Assignment:
Subject to provisions herein to the contrary,this MOA 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 MOA 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 MOA 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 MOA. The provisions herein do not limit any
Party's right to remedies at law or in equity.
XIV. Severability:
This MOA 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 MOA shall supersede all previous
communications,representations,or agreements,either verbal or written between the Parties.If any term or
provision of this MOA is found to be illegal or unreasonable,the remainder of the MOA shall remain in
full force and effect,and such term or provision shall be stricken.
XV. Entire Agreement:
This MOA 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 MOA may only be altered,amended,or modified in a writing signed by both Parties. All prior
agreements pertaining to the subject matter of this MOA entered into between the City and the State of
Florida,Department of Health 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 5 page Memorandum of
Agreement to be executed by their officials thereunto duly authorized.
State of Florida,Department of Health
City of Miami Beach,Florida (Miami-Dade)
Name: Jimm Morales ``'���� .:it Name:Lillian Rivera,RN.MSN,Ph.D.LID
a. Si afore: ,� . i ature:.-.• nit P 00 r
1 Title:Ci Man..er .INC r 'Title: Administrator
OR�OORATED
A Date: 1 f 2 f /-7Date:
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APPROVED AS TO
13D87 FORM & LANGUAGE 4
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