Resolution 2021-31769 RESOLUTION NO. 2021-31769
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF HEALTH—MIAMI-DADE COUNTY TO PERFORM
WATER SAMPLING AT CERTAIN DESIGNATED SITES ALONG THE BEACH
AREAS MAINTAINED BY THE CITY FOR AN INITIAL TERM OF THREE (3)
YEARS, AT A COST TO THE CITY IN THE APPROXIMATE AMOUNT OF
$106,326.96 FOR THE INITIAL TERM, AND HEREAFTER SUBJECT TO
ANNUAL RENEWAL TERMS UPON AGREEMENT OF THE PARTIES.
WHEREAS, the Clean Water Act (CWA) 33 U.S.C. §1251 et seq., is the primary federal
law in the United States governing water pollution; and
WHEREAS, 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;
and
WHEREAS, the Florida Department of Health—Miami-Dade County has been conducting
marine beach water quality monitoring at 16 sites Countywide, including four locations on Miami
Beach weekly since August 2002, through the Florida Healthy Beaches Program; and
WHEREAS, in 2016 the City entered into a Memorandum of Agreement with the Florida
Department of Health for them to conduct weekly water quality samples at the Dog Beach in the
vicinity of 79th Street; and
WHEREAS, in 2019 the public boat launch at 1800 Purdy Avenue was added to this
agreement; and
WHEREAS, the water samples are analyzed for entric bacteria enterocci that normally
inhabit the intestinal track of humans and animals, and which may cause human disease,
infections, or illness; and
WHEREAS, the prevalence of entric bacteria is an indicator of fecal pollution, which may
come from stormwater run-off, wildlife, pets, and human sewage; and
WHEREAS, the Florida Department of Health — Miami-Dade County has the necessary
components in place to carry out certain environmental services to ensure that the quality of the
water at certain sections of beach maintained by the City meets any and all water standards;
therefore, ensuring all residents and visitors who utilize the Designated Sites are safe from
pathogens, waterborne diseases, or pollutants that may propose harm to humans and the City's
natural resources; and
WHEREAS, the City Manager recommends approving the Memorandum of Agreement,
attached as Exhibit "A" to the City Commission Memorandum accompanying this Resolution,
having an initial term of three years, for a total City cost of approximately $106,326.96 for the
entire initial term; and thereafter subject to annual renewal terms based upon agreement of the
parties; and further subject to termination by either party upon 30 days prior written notice.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to execute a Memorandum of
Agreement, between the City and the Florida Department of Health - Miami-Dade County, for
water sampling at certain Designated Sites along the beach areas maintained by the City for an
initial term of three (3) years, at a cost to the City in the amount $106,326.96 for the initial term,
and thereafter subject to annual renewal terms upon agreement of the parties.
PASSED and ADOPTED this eQ day of July, 2021.
ATTEST:
Dan Gelber, Mayor
r/2-17.x2.-
Rafael E. Granado, City Clerk B 1j11
* INCORP ORATED)
:;1
,
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney I Date
Resolutions-C7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF HEALTH - MIAMI-DADE COUNTY TO
PERFORM WATER SAMPLING AT CERTAIN DESIGNATED SITES ALONG
THE BEACH AREAS MAINTAINED BY THE CITY FOR AN INITIAL TERM
OF THREE (3) YEARS, AT A COST TO THE CITY IN THE APPROXIMATE
AMOUNT OF $106,326.96 FOR THE INITIAL TERM, AND HEREAFTER
SUBJECT TO ANNUAL RENEWAL TERMS UPON AGREEMENT OF THE
PARTIES.
RECOMMENDATION
The Administration recommends the adoption of the Resolution.
BACKGROUND/HISTORY
The Florida Department of Health in Miami-Dade County has been conducting marine beach
water quality monitoring at 16 sites Countywide, including four locations on Miami Beach weekly
since August 2002. This sampling is conducted through the Florida Healthy Beaches Program.
In 2016, the City entered into a Memorandum of Agreement with Florida Department of Health
for them to conduct weekly water quality samples at the newly created Dog Beach in the vicinity
of 79th Street. In 2019, the public boat launch at 1800 Purdy Avenue was added to this
agreement in anticipation of the opening of the Maurice Gibb Park Kayak Launch.
The purpose of the Florida Healthy Beaches program is to monitor Florida's beach water quality
concerns and ensure public safety and health. The sampling sites are selected based on the
frequency and intensity of recreational water use and the proximity to pollution sources. The
water samples are analyzed for enteric bacteria enterococci that normally inhabit the intestinal
track of humans and animals, and which may cause human disease, infections, or illness. The
prevalence of enteric bacteria is an indicator of fecal pollution, which may come from storm
water run-off,wildlife, pets and human sewage.
ANALYSIS
Funding for the Florida Healthy Beaches Program was previously through the Florida
Department of Health. For the next fiscal year, the Florida Department of Health in Miami-Dade
Page 377 of 2012
County has requested that local jurisdictions assist with funding the program. To maintain
compliance with the standards set by the Clean Water Act and to ensure continuity of monitoring
to ensure the safety and health of the City's beachgoers, the City needs to execute a
Memorandum of Agreement (MOA) with the Florida Department of Health — Miami-Dade
County. These designated sites include the already established sites of Dog Beach (the stretch
of beach located at 79th Street), the Maurice Gibb Park Kayak Launch, 73rd Street-North Shore
Ocean Terrace, 53rd Street, 21st Street-Collins Park, and South Pointe Drive.
The Florida Department of Health Miami-Dade County will collect and analyze the samples from
each Designated Site for Enterococci microbiological fecal indicators recommended by the
Florida Department of Health and the United States Environmental Protection Agency to
evaluate water quality on a weekly basis.
The total cost for the services of the MOA $106,326.96 over a three-year time period from
September 1, 2020-August 31, 2023 ("initial term"). For year one, there is an estimated amount
of$34,400, in year two, there is an estimated amount of$35,432, and in year three, there is an
estimated amount$36,494.96.
The Administration requests the City Commission authorize the City Manager to execute a
Memorandum of Agreement ("MOA") with the Florida Department of Health- Miami-Dade
County to perform water sampling at certain Designated Sites along the public beach area, said
MOA having maintained by the City attached hereto as Exhibit "A"; an initial term of three (3)
years; and thereafter subject to annual renewal terms, upon agreement of the parties; and further
subject to termination by either party upon providing the other party with 30 days written notice.
SUPPORTING SURVEY DATA
Over 75% of Miami Beach residents are satisfied with the overall quality of the beaches.
Enhancing environmental services to evaluate potential significant problems and sources for
potential disease outbreaks or disease-causing microorganism will ensure public safety and
improve the health of our natural resources.
FINANCIAL INFORMATION
The cost of the sampling will be funded by the Environment & Sustainability General Fund
Professional Services G/L account. The Department has an existing line item dedicated to
water sampling expenses. The description is"Water quality sampling to be conducted within the
City, including additional FDOH recreational sampling locations".
The total cost for the services of this MOA is estimated to cost $106,326.96 over a three-year
time period from September 1, 2020-August 31, 2023 ("initial term"). For year one (FY21),
there is an estimated amount of $34,400, in year two (FY22), there is an estimated amount of
$35,432, and in year three (FY23),there is an estimated amount$36,494.96.
Amount(s)IAccount(s):
CONCLUSION
The Administration recommends the adoption of the Resolution.
Applicable Area
Page 378 of 2012
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Environment & Infrastructure - Work regionally and nationally to protect Biscayne Bay water
quality and to maintain a healthy dune and beach system.
Legislative Tracking
Environment and Sustainability
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
o Resolution
o Exhibit"A"- MOA
Page 379 of 2012
MEMORANDUM OF AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF HEALTH-MIAMI-DADE COUNTY
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 Florida Department of Health-Miami-Dade
County,hereafter referred to as the"Provider"(collectively,the"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 microorganisms at its
public beaches. The Provider shall perform water sampling at certain sections of beach maintained by the City,
identified as the"Designated Sites"in Section I.4 herein; and
WHEREAS, the City, realizes that the Provider has the necessary components in place to carry out certain
environmental services to ensure that the quality of water at the Designated Sites meets any and all water
standards; therefore, ensuring that all residents and visitors who utilize the Designated Sites 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(MOA)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 Sites: For the purpose of this MOU,the Designated Sites shall include the sites listed
below.
(a). Dog Beach: The stretch of beach located at West 79th Street
(b). Public-Boat Launch:the section of beach located at 1800 Purdy Avenue
(c). 73rd Street-North Shore Ocean Terrace
(d). 53`d Street-Miami Beach
(e).21'Street-Collins Park .
(f). South Pointe Drive
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5. Period:The time frames outline in section III.5 (a).
II. RECITALS
The Parties mutually agree that the foregoing recitals are true and correct and incorporated herein by
reference.
III. The Provider agrees to the following:
1. To provide testing/sampling at each Designated Site specified in Section I.4 maintained by the
City. Water testing/sampling performed at each Designated Site shall identify and evaluate any
significant problems and sources for potential disease and outbreak or contaminants. Beach water
samplings must be collected and 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 each Designated Site in accordance with the terms listed in
Section V.2 of this MOA.
3. To adhere to and conduct sampling services applicable to and within federal and state rules,
regulations,guidelines,and laws.
4. To provide and maintain sufficient staffing to timely carry out the required activity specified in
Section III.1 of this MOA.
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. September 1—November •
2nd. December 1 —February 28
3rd. March 1 —May 31
4th. June 1 —August 31
(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 and elected officials of any beach advisories, clearances (re-openings) and/or
updates (advisories) using email, telephone call, fax, media outlets, DOH website:
miamidade.floridahealth.gov.
7. To provide all supplies and equipment necessary to perform, conduct,and complete the activity in
Section III.
8. The State of Florida, Department of Health, Miami-Dade County is a state agency or political
Subdivisions as defined in Chapter 768.28, Florida Statues, and agrees to be fully responsible for
acts and/or omission of its agents and/or employees during the performance of operation of this
MOA,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
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by third party in any matter arising out of this MOA, any other contract or any subsequent
modifications thereof, whether direct or indirect and whether to any person or tangible or
intangible property.
IV. The City agrees to the following:
1. To provide the Provider with access to the Designated Sites for the purpose of sampling or testing
for water contaminants or pollutants during the periods outlined in Section I11.5 (a)of this MOA.
2. To notify the public of any beach advisories and rescission advisories through the utilization of
various local media networks (e.g., TV and Radio) and/or social media (e.g., Twitter, Instagram,
Facebook).
3. To compensate the Provider within 30 calendar days of receipt of a properly completed invoice,
attached as Exhibit A hereto, for the performance of all work completed at the Designated Sites
during a covered period outlined in Section 1II.5(a).
V. Both Parties mutually agree:
1. The total cost for the services set forth in Section 11I.1 of this MOA is estimated at $106,326.96
during the effective period specified in section IX of this MOA. For year one, there is an
estimated amount of$34,400, in year two, there is an estimated amount of$35,432, and in year
three,there is an estimated amount$36,494.96.
2. During the effective period of this MOA, the Provider shall complete no more than the maximum
number of samplings outlined below. In the event that the City requests additional sampling, the
Provider shall invoice the City for each sampling completed at the unit rate specified in the
Sampling Fee Schedule.
Year 1:
Beach Water Sampling Fee Schedule
Sampling Unit
Performed Minimum Maximum Rate
Weekly 1 312 $100.00
Repeat 1 32 $100.00
Year 2:
Sampling Unit
Performed Minimum . Maximum Rate
Weekly 1 312 $103.00
Repeat 1 32 $103.00
Year 3:
Sampling Unit
Performed Minimum Maximum Rate
Weekly 1 312 $106.09
• Repeat 1 32 $106.09
The environmental fees will be increased automatically by 3%, or the current inflation rate,
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whichever is higher, annually,beginning the 1st 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.
1. This is a REVERSE MOA whereby the City shall procure specific services from the
Provider and in which doing so acknowledges that City may periodically ADD/DELETE
"Designated Sites" and by such act the City and the Provider herewith only agree to
effectuate such change via email confirmation, as long as such agreement referenced is
effective. Such confirmation/authorization shall be incorporated into the agreement
consented by the Parties. The Provider shall update the Exhibit A with each invoice for
payment to reflect such change(s)and submit said invoice to the City for payment.
2. Section VII of this MOA shall supersede any conflict arising from this MOA.
3. Retroactive payment shall be requested only for the period which the Provider has provided
and completed any and all water sampling services without the benefit of a fully executed
MOA.
VI. Termination at Will:
This Memorandum of 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:
Florida Department of Health-Miami-
City of Miami Beach Dade County
1700 Convention Center Drive,Fourth Floor 1725 NW 167 Street
Miami Beach, Florida 33139 Miami, Florida 33056
Attention: Alina T. Hudak Attention: Samir Elmir, Ph.D.
City Manager Director of Environmental Health&
Engineering Services
With a copy to:
Rafael Paz,Acting City Attorney
City of Miami Beach
1700 Convention Drive,Fourth Floor
Miami Beach,Florida 33139
VII. Modification:
Any modifications to 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.
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IX. Effective and Ending Dates:
This MOA shall begin on the date on September 1st,2020.This MOA shall end on August 31St,2023.
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.
XII. 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.Florida Public Records Law:
1. Provider shall comply with Florida Public Records law under Chapter 119, Florida Statutes,as
may be amended from time to time.
2. The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission,made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
3. Pursuant to Section 119.0701 of the Florida Statutes, if Provider meets the definition of
"Contractor"as defined in Section 119.0701(1)(a),Provider shall:
(a) Keep and maintain public records required by the City to perform the service.
(b) Upon request from the City's custodian of public records,provide the City with a copy of
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the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of
the contract term and following completion of the MOA if Provider does not transfer the
records to the City;
(d) Upon completion of the MOA, 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 MOA, Provider shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If Provider keeps
and maintains public records upon completion of the MOA, Provider shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the City, upon request from the City's custodian of public records, in
a format that is compatible with the information technology systems of the City.
4. REQUEST FOR RECORDS;NONCOMPLIANCE
1. A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify Provider-of the request, and
Provider must provide the records to the City or allow the records to be inspected
or copied within a reasonable time.
2. Provider failure to comply with the City's request for records shall constitute a
breach of this MOA, and the City, at its sole discretion, may: (1) unilaterally
terminate the MOA; (2) avail itself of the remedies set forth under the MOA;
and/or(3)avail itself of any available remedies at law or in equity.
3. If Provider fails to provide the public records to the City within a reasonable time
may be subject to penalties under s. 119.10.
5. If provider has questions regarding the application Chapter 119, Florida Statutes, to
Provider's duty to provide public records relating to this MOA, contact the custodian of
public records at:
City of Miami Beach
Attention: Rafael E. Granado, City Clerk
1700 Convention Center Drive
Miami Beach, Florida 33139
Email:RAFAELGRANADO@MIAMIBEACHFL.GOV
Phone: 305-673-7411
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X. Inspector General Audit Rights:
1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the
Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said contracts.
This random audit is separate and distinct from any other audit performed by or on behalf of
the City.
2. The Office of the Inspector General is authorized to investigate City affairs and empowered to
review past,present and proposed City programs,accounts,records, contracts, and transactions.
In addition, the Inspector General has the power to subpoena witnesses, administer oaths,
require the production of witnesses and monitor City projects and programs. Monitoring of an
existing City project or program may include a report concerning whether the project is on
time, within budget and in conformance with the contract documents and applicable law. The
Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and
review operations,activities,performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of Provider, its officers,
agents and employees, lobbyists, City staff and elected officials to ensure compliance with the
contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City
Code, the City is allocating a percentage of its overall annual contract expenditures to fund the
activities and operations of the Office of Inspector General.
3. Upon ten (10) days written notice to Provider, Provider shall make all requested records and
documents available to the Inspector General for inspection and copying. The Inspector
General is empowered to retain the services of independent private sector auditors to audit,
investigate, monitor, oversee, inspect and review operations activities, performance and
procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of Provider, its officers, agents and employees, lobbyists,
City staff and elected officials to ensure compliance with the contract documents and to detect
fraud and corruption.
4. The Inspector General shall have the right to inspect and copy all documents and records in
Provider's possession, custody or control which in the Inspector General's sole judgment,
pertain to performance of the contract, including, but not limited to original estimate files,
change order estimate files, worksheets, proposals and agreements from and with successful
subcontractors and suppliers, all project-related correspondence, memoranda, instructions,
financial documents, construction documents, (bid/proposal) and contract documents, back-
change documents, all documents and records which involve cash, trade or volume discounts,
insurance proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
5. Provider shall make available at its office at all reasonable times the records, materials, and
other evidence regarding the acquisition (bid preparation) and performance of this MOA, for
examination,audit,or reproduction,until three(3)years after final payment under this MOA or
for any longer period required by statute or by other clauses of this contract.In addition:
(a) If this MOA is completely or partially terminated, Provider shall make available
records relating to the work terminated until three (3) years after any resulting final
termination settlement;and
(b) Provider shall make available records relating to appeals or to litigation or the
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settlement of claims arising under or relating to this MOA until such appeals,
litigation,or claims are finally resolved.
6. The provisions in this section shall apply to Provider, its officers, agents, employees,
subcontractors and suppliers. Provider shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by Provider in connection with the performance
of this MOA.
7. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by Provider or third parties.
XVII.E-Verify:
1. To the extent that Provider provides labor, supplies, or services under this MOA, Provider shall
comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as
may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1,
2021, Provider shall register with and use the E-Verify system to verify the work authorization
status of all newly hired employees during the term of the MOA. Additionally, Provider shall
expressly require any approved subcontractor performing work or providing services pursuant to
the MOA to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the
contract term. If Provider enters into a contract with an approved subcontractor, the subcontractor
must provide the Provider with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. Provider shall maintain a copy of such
affidavit for the duration of the MOA or such other extended period as may be required under this
MOA.
2. TERMINATION RIGHTS
(a) If the City has a good faith belief that Provider has knowingly violated Section 448.09(1),
Florida Statutes, the City shall terminate this MOA with Provider for cause, and City shall
thereafter have or owe no further obligation or liability to Provider.
(b) If the City has a good faith belief that a subcontractor has knowingly violated Section VIII.1,
but the Provider otherwise complied with such section, the City will promptly notify the
Provider and order the Provider to immediately terminate the agreement with the
subcontractor. Provider's failure to terminate a subcontractor shall be an event of default
under this MOA,entitling City to terminate the Provider's contract for cause.
(c) A contract terminated under the foregoing Subsections (2)(9) or (2)(a) is not in breach of
contract and may not be considered as such.
(d) The City or Provider or a subcontractor may file an action with the Circuit or County Court to
challenge a Termination under the foregoing Subsections (2)(9) or (2)(b) no later than 20
calendar days after the date on which the contract was terminated.
(e) If the City terminates the MOA with Provider under the foregoing Section VIII.1, Provider
may not be awarded a public contract for at least 1 year after the date of termination of this
MOA.
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XVIII.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 Florida Department of Health Miami-Dade 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 10-page Memorandum of
Agreement to be executed by their officials thereunto duly authorized.
Florida Department of Health Miami-Dade City of Miami Beach
Name: Yesenia Villalta,APRN,DNP, MSN Name:Alina T. Hudak
Signature: Signature:
Title: Administrator/Health Officer Title: City Manager
Date: Date:
END OF TEXT
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