Memorandum of Agreement with Florida Department of Health - Miami-Dade County 9oiq-3 ' 7
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 in order to identify
and,evaluate significant problems and sources for potential disease outbreaks or disease-causing microorganism at
its public beaches. The Provider is to perform water sampling at the section of beach maintained by the City and
located between West 79th Street to West 83rd 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 the quality of water at the Designated Site meets any and all 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 Memorandum of Agreement so same becomes binding and enforceable by and through the
Parties,their heirs and assigns,and agree heretofore:
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L 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: The mechanism by which the Provider requests payment from the City for services rendered
for a specific cost and period.
4. Designated Site: The section of beach located between West 79th Street to West 83rd Street,Miami
Beach,Florida.
5. Period: The time frames outlined in section I11.5 (a).
II. RECITALS
The Parties mutually agree that the foregoing recitals are true and correct and incorporated herein by
reference.
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III. 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") to identify
and evaluate microbial water quality conditions at the subject site. 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 (USEPA) to
evaluate water quality in marine waters.
2. To perform beach water sampling at the 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. June 1,2016— August 31,2016
41111 2nd.
3rd. September 1,2016—November 30,2016
December 1, 2016—February 28,2017
4th. March 1,2017—May 31,2017
(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 public notices including beach advisories,clearances(re-
openings)and/or updates(advisories)through the use of email and/or,telephone call.
7. To provide all supplies and equipment necessary to perform,conduct,and complete the activity in
section III.1.
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 I1I.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 Site during
a covered period outlined in section III.5 (a).
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V. Both Parties mutually agree:
1. The total cost for the services set forth in section 11I.1 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 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.
Beach Water Sampling Fee Schedule
Sampling Unit
Performed Minimum Maximum Rate
Weekly 1 52 $75.00
Repeat 1 10 $75.00
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: Jimmy L. Morales. Attention: Elmir Samir, Ph.D.
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:
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.
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 31,2017.
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X. Independent Capacity of the Contractor:
110 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
Ill 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:
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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 5 page Memorandum of
Agreement to be executed by their officials thereunto duly authorized.
Florida Department of Health-
City of Miami Beach,Florida Miami-Dade
Name: Jimm!, L. Moral=, Name: Lillian Rivera,RN, MSN, Ph.D.
Signature: - Signature:
305
Title: City M\ ager Title: Administrator
Date: 4 l i ci G________ Date:
®
END OF APPROVED AS TO
LANGUAGE
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(--1"-k 04► y Date
X. Independent Capacity of the Contractor:
In the performance of this MOA, it is weed 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.
'OIL 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 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 5 page Memorandum of
Agreement to be executed by their officials thereunto duly authorized.
Florida Department of Health-
City of Miami Beach, Florida Miami-Dade
Name: Jimm L. Moral.. Na : Lillian if ve 'N. M .Ph.D.
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Signature: Sign. -
k/16
Title:City acer Title: Administrator
Date: `f
� 1 Date:
APPROVED AS TO
END OF MIA&LANGUAGE
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OtiAtoning t nat.
r , •
Exhibit A
Mission: Rick Scott
To protect,promote&rnprore the nealth
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C,ove,npr
d people in Florida through rMaared John H.Armstrong,MD,FACS
stale, y&aartrrrrrty Oats. HEALTH
state Surgem General&Secetry
Vision:To be the Healthiest State in the Nation
Date Invoice
Bill To: Bill From:
John Rebar Milda Belette
Parks&Recreation Director Operations Analyst II
2100 Washington Avenue Accounts Payable
Miami Beach,Florida 33139 Miami-Dade County Health Department
8175 NW 12th Street,#306
Doral,Florida 33126
TOTAL SERVICES PRICE PER TOTAL AMOUNT
SERVICES PROVIDED BILLING PERIOD PROVIDED SERVICES REQUESTED FOR
PAYMENT
• Payment requested for monitoring the section of beach located from West 79th Street to West 83rd Street This section of beach Is under the
jurisdiction of the City of Miami Beach.
Total amount requested for payment: Is
Please make check payable to:
State of Florida,Department of Health(Miami-Dade)
8175 NW 12th Street,Suite 306
Miami,Florida 33126
Florida Department of Health www.FioridasHeaith.com
Division of Adrri istratim•Bureau at Financial&Aomuniing TWITTER.HeetthyFLA
8175 North Wed 12'Steet,Seib 311•M arr&FL 33126-1828 FACEBOOK FI Depa imeiolHealth
PHONE:786-845-0140•FAX 305.4745068
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