Loading...
Agreement between CMB and University of Miami ZC) Z3 '32.B5 24 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 Attachment to Appendix A UNIVERSITY OF MIAMI COLLEGE of ENGINEERING Helena Solo-Gabriele,Ph.D.P.E. 1251Memorial Drive Ph:305-284-29o8 Professor MED Room 53.2 Fax:3o5-284-3492 Chemical,Environmental,Materials Coral Gables,FI33146 hmsolo®miami.edu Engineering RE: Proposal titled,"Evaluation of Recent Improvements on Enterococci Levels in the Park View Canal" Date: January 24,2024 To: Lindsey Precht,c/o City of Miami Beach Team Cristina Ortega,Amy Knowles,Joe Gomez,Giancarlo Pena From: Helena Solo-Gabriele, Professor,University of Miami,College of Engineering Re: Follow Up from City of Miami Beach Commission Meeting Held March 27,2023 and from City of Miami Beach Finance and Economic Resiliency Committee Meeting Held April 21,2023 City of Miami Beach Commission Meeting Held December 13,2023 Thank you for the opportunity to present the results from the 2022 study before the City of Miami Beach (CMB) Commission on March 27,2023. In addition,thank you for the opportunity to answer questions about a new proposal for additional study. During the April 21,2023 CMB Beach Finance and Economic Resiliency Committee meeting,the Committee agreed to have a revised proposal considered before the Commission. This revised proposal was to provide a study to document the sources of groundwater contamination at a cost of$75K. Given the outcome from the CMB Commission Meeting held December 13,2023,I am providing an updated version of the proposal. The following tasks are consistent with the request to evaluate sources of groundwater contamination. These tasks are also consistent with a$75K funding level of effort. Task I:Evaluate Source of Groundwater Contamination During August through November 2022,samples were collected from storm water catch basins and storm water vertical wells. Data showed that the enterococci concentrations were elevated in these wells with the highest levels towards the top,suggesting that the shallow groundwater in the area is contaminated with enterococci. The source of contamination to the shallow groundwater is believed to be either storm water runoff(from rain water runoff from the streets)or leaking sanitary sewage. To evaluate the contributions of each of these potential sources we will conduct the following: - la: Collect Direct Samples of Storm Water. Samples will be collected of direct storm water which is storm water before or as it enters the catch basins. This will require that the sampling team remain on-site prior to or during a rain,event. Samples will be collected of sheet flow,flow from the gutter and/or flow as it enters the catch basin. Preferably samples will be collected as flow enters the catch basin. These samples will be analyzed for enterococci and potentially for MST/CST as described in task lc below. Such 1 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 samples will provide direct measurements of the contribution of enterococci by storm water as it.will be collected prior to entering the catch basins where it then mixes with groundwater. — lb: Use Direct Push Well Technology to Collect Shallow Groundwater Samples. Sampling of shallow groundwater will be conducted in the primary stormwater conveyance system hotspot identified during 2022,the stormwater conveyance system along 73 Street from Collins Avenue to the PVC. Between 8 and 12 samples of groundwater will be collected at locations that extend outwards from the stormwater conveyance system along 73 Street. The direct push technology is currently planned through another CMB study for the southwest area of the CMB and is associated with sewer main work. We intend to use the same vendor as used by CMB(JAEE Environmental Service,Inc.)for consistency. lc: Measure Source Tracking Markers.The CMB has used MST to evaluate the potential sources of enterococci to the PVC. Their earlier data showed that dogs and to a lesser extent birds and humans were sources to the PVC. A similar approach was implemented by Surf Rider who also measured MST in the PVC and found evidence that human and to a lesser extend dogs were the primary source. Our goal is to use MST to evaluate the source to the storm conveyance system. Our plan is to collect samples from the hotspots observed within the storm conveyance system(as described above under Ila and Ilb). We intend to have those samples analyzed for MST(humans,dogs,and birds). We intend to use LuminUltra for the MST analysis which is the same vendor used by CMB during earlier studies. LuminUltra bought out Source Molecular which was the company that ran the original MST analysis for CMB. Task II: Re-evaluate Groundwater Elevation. We intend to evaluate groundwater data relative to surface water elevations in the PVC and relative to the storm water and sanitary infrastructure. During the 2022 study,a correlation was observed between tidal height and enterococci levels with higher enterococci during low tide. This observation suggests that groundwater may be a source of enterococci to the PVC. To better document when groundwater is contributing towards the PVC,the water elevation at the PVC needs to be tied into a survey benchmark. We request that the CMB to set up a benchmark on the piling at the PVC. We will then use this benchmark to measure the water elevation at the PVC and we will relate this to the water elevation at the Virginia Key tidal station which provides tidal height forecasts and confirmed tidal height readings. We intend to download the latest groundwater data and re-evaluate the entire data set against estimated water elevations at the PVC(once tied to the benchmark). This will provide information about when the groundwater may be contributing water towards the PVC. In addition,we plan to compare the groundwater and PVC surface water elevations to the elevations of the storm water conveyance system infrastructure to determine times when the storm water conveyance infrastructure is"skimming"the groundwater and transporting it towards the PVC. We envision that the stormwater conveyance system if submerged in the groundwater will function to transport groundwater to the PVC when groundwater elevations are above the PVC surface water elevations.This will provide a better understanding of the conditions during which groundwater contributes towards the PVC. In addition to the storm sewer infrastructure,we will also work with the CMB to confirm elevations of the sanitary sewer infrastructure system. Elevations of the sanitary sewer system will be used to determine what parts of the system are submerged below the groundwater table and which parts are above the groundwater table. When 2 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 above the groundwater table,there is a greater possibility of sewage leaking out of the sanitary sewer system , and impacting groundwater. When below the groundwater table,there is a greater possibility of groundwater infiltrating into the sanitary sewer system thereby decreasing the possibility of groundwater contamination as long as the pipes are intact. Task III: Update Historical CMB Data Analysis. The CMB and Surf Rider continue to collect data on a regular basis from the PVC. We intend to statistically analyze this data through the end of September 2023 to document whether enterococci levels are declining. Initial review of the CMB and Surfrider data suggest that the enterococci levels may be declining since February 2023 which was when the air release valves were replaced on the sanitary sewer lines and when the full mitigation measures(increased street sweeping, increased trash removal frequencies,etc.)have been in place. This decrease is based upon a few data points and may be an artifact of the dry conditions experienced from January through March 2023. In a couple more months enough data points should be available to analyze the data statistically to determine if there is a significant change in enterococci levels. Requested support from CMB: • For Task lb the vendor suggested that we run ground penetrating radar(GPR)to confirm that the direct push technology will not interfere with subsurface infrastructure. We have incorporated this into our cost estimate. However,we also ask that a representative from CMB who is familiar with underground utilities be present during GPR to provide additional expertise to confirm that the locations that we choose for direct push sampling wells will not interfere with underground infrastructure. • For Task lc we request assistance from CMB to pull catch basin covers in order to collect samples from the storm conveyance system. • For Task II we request that CMB set up an elevation benchmark on the piling at the Kayak Launch located on Dickens and 73 Street. This will allow for direct comparison between the water surface elevations in the PVC and groundwater elevations measured at the CMB monitoring stations. This is important for understanding the direction of groundwater flow,whether it is towards the PVC or away from the PVC. • For Task II we request the CMB to provide elevations of key stormwater conveyance and sanitary sewer conveyance infrastructure. To facilitate the collection of available data,a student from the University of Miami will be given access to pull and consolidate available elevation data for the sanitary and storm water conveyance systems from the CMB Public Works office. • For Task II we request the CMB to confirm the water elevation data from the Parkview Park-Shallow Monitoring Well and North Beach Bandshell-Shallow Monitoring Well are provided with reference to NAVD 88.These water elevations will allow us to determine when the storm water conveyance system is below the groundwater table and thus potentially transporting water towards the PVC when the gradients are in the direction of the PVC. The elevations of the sanitary sewer system will help to identify portions of pipes that are above the groundwater table and,if leaking,can be contributing towards groundwater. 3 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 Estimated Budget This work is to be initiated on May 15,2024 and end on September 30,2024. The rough budget for a project is as follows. Note,the budget assumes that City of Miami Beach will survey the piling at the Kayak Launch for elevation reference as described above. Description Amount Time for Helena Solo-Gabriele,direct and fringe $13,073 Research Associate Time(3.5 months full-time),salary& $20,258 fringe Undergraduate Researchers(2 students) $3,600 Supplies(includes 300 samples for enterococci) $9,069 Costs for Microbial Source Tracking Analysis $6,000 Costs for Direct Push Technology(3 days includes GPR) $7,000 Shipping $500 Local travel $500 Administrative Costs $15,000 Total $75,000 Deliverables The team will host a kick-off meeting to get input and feedback from the City of Miami Beach concerning the planned approach. This meeting will be via Zoom and/or in person. Reports will be provided quarterly(once every 3 months). The reporting schedule is as follows. • Progress Report 1:Due date,June 15,2024 • Progress Report 2:Due date,July 15,2024 • Progress Report 3:Due date,August 15,2024 • Final Report: Due date,September 30,2024.The final report will include the results of the sampling efforts and the MST work to identify the source of enterococci to groundwater(storm water conveyance system or sanitary sewage). The report will also identify recommended solutions and will report whether water quality has improved over time. The University of Miami team will be prepared to meet with the City of Miami Beach every month to provide updates on the study,to explain the contents of the reports,and to obtain feedback and recommendations from the City. The University of Miami team will also be available to participate in additional meetings,inclusive of community-based meetings and meetings with the CMB Commission,upon invitation. 4 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 Timeline(May 15,2024 to September 30,2024) Task Descriptions Month M J J AS Kick off meeting and field visit X Task Ia,Direct Push X X Task Ib,Source Tracking X Task II,Groundwater Elevations X X Task Ill, Historical Data Analysis X X X X Monthly Meetings X X XXX Progress and Final Reports X X X X 5 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 • UM Contract#CITY-STA-00023945 • UNIVERSITY OF MIAMI SERVICES AGREEMENT This Services Agreement ("Agreement") is entered into April 1, 2024 ("Effective Date") by University of Miami ("UM"), and City of Miami Beach ("Client"). UM and Client are each individually referred to herein as"Party",and collectively as"Parties." Recitals WHEREAS, UM is a private research university located in Miami, Florida; WHEREAS, Client desires for UM to provide certain services to Client, and UM desires to perform such services pursuant to the terms and conditions described in this Agreement; NOW THEREFORE,the Parties mutually agree to the following terms and conditions. Terms and Conditions I. SERVICES UM will provide the services("Services")described in Appendix A(the"SOW"). 2. COMPENSATION Client agrees to pay UM the fees set forth in the SOW within 30 days of the invoice date. Any invoices not paid within 30 days will be subject to a late fee equal to 1.5% of the invoice amount. 3. TERM AND TERMINATION A. Term. The term of this Agreement will commence on the Effective Date and expire on September 30,2024, unless earlier terminated by one of the Parties or extended by mutual written agreement("Term"). B. Termination of the Agreement and/or any SOW for Convenience. This Agreement or any SOW under it may be terminated by either Party without cause upon sixty(60)days' prior written notice to the other Party in accordance with the Notices section below. DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 C. Termination of the Agreement for Cause. Either Party may terminate this Agreement immediately in the event(i)of a material breach of this Agreement by the other Party that is not cured within thirty(30)days after the breaching Party receives written notice of such material breach,or(ii)the other Party files for bankruptcy,makes a general assignment for the benefit of its creditors or appoints a receiver due to insolvency. Termination of the Agreement for cause,as outlined in this paragraph, shall terminate all SOWs. Client shall be responsible for paying all fees for Services rendered prior to the date termination becomes effective. 4. NOTICES All notices,requests,demands and other communications required or permitted to be given or made under this Agreement shall be in writing and shall be sent by certified United States mail, return receipt requested, email, or expedited delivery by a nationally recognized express transportation company, such as UPS or FedEx. Notices shall be sent to the addresses set forth below: if to UM: Attn: Rebecca Travieso • Director of Finance, College of Engineering University of Miami 1251 Memorial Drive, Room 255 Coral Gables, FL 33146 Email: rrt565(cmiami.edu with copy of notices of a legal nature sent to: Attn: Exec. Dir., Contract Administration University of Miami P.O. Box 248106 Coral Gables, FL 33124 Email: contracts@'U1 iami.edu If to Client: Attn: Lindsey Precht Assistant Director, Environment& Sustainability Department City of Miami Beach 1700 Convention Center Drive,3`d Floor _ Page 2 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 Miami Beach,FL 33139 Email: LindseyPrecht@miamibeachfl.gov 5. C INFIID)ENTIIAL INFORMATION During the term of this Agreement, either Party ("Receiving Party") may be exposed to information that is confidential and/or proprietary information of the other Party ("Disclosing Party"). This information includes, but is not limited to, exposure to entities with which the Disclosing Party has a contractual relationship, price lists, inventions, discoveries, techniques, data, processes, know-how, agreements with third parties, financial information, business plans, i communication strategies, analyses, compilations, and any other information that a reasonable person would understand to be of a confidential or proprietary nature("Confidential Information"). Neither Party shall, either during the term of this Agreement or at any time thereafter, use for its own benefit, or for the benefit of any other person or entity, Confidential Information of or concerning the business or affairs of Disclosing Party which Receiving Party has acquired in the course carrying out this Agreement. Notwithstanding the foregoing,Confidential Information excludes information that: a. is or becomes generally known to the public other than as a result of a breach of this Agreement; b. has been independently developed by Receiving Party before or after the Effective Date, without violation of any rights which Disclosing Party may have in such information; c. prior to the time of disclosure to the Receiving Party, is known to the Receiving Party as evidenced by its written records; d. is rightfully furnished or made known to Receiving Party by a third Party who has a lawful right to disclose such information; • Page 3 DocuSign Envelope ID:9288CDDD-984A-4FDI3-9FCA-9AF263631037 e. is disclosed with the prior written approval of the Receiving Party;or f. after disclosure to the Receiving Party, is published, becomes publicly known, or otherwise becomes part of the public domain through no fault of the Receiving Party. In the event that the Receiving Party is required to disclose the Confidential Information by law (including, but not limited to, via court order, legal process or governmental action) ("Compelled Disclosure"), it must promptly notify the Disclosing Party of the Compelled Disclosure, consult with the Disclosing Party on the advisability of taking legally available steps to resist or narrow the scope of the Compelled Disclosure,and exercise reasonable efforts to obtain a protective order or other reliable assurance that the Confidential Information disclosed pursuant to the Compelled Disclosure will be afforded protection from further exposure. Compliance with any such request by the Receiving Party is not considered a breach of the confidentiality provisions in this Agreement as long as the Receiving Party abides by the provisions in this Section. 6. PUBLICITY/11SE OF NAME Neither Party shall use the names,logos or trademarks of the other Party or its employees for marketing,advertising or any other purpose without the prior written consent of an authorized representative of the other Party, which consent may be granted or withheld at such Party's sole discretion. 7. INDEPENDENT CONTRACTOR RELATIONSHIP UM is acting solely as an independent contractor in performing its obligations under this Agreement.This Agreement does not create a partnership;joint venture,any employment,agency, or any similar relationship between UM and Client. No acts or omissions by either Party shall be Page 4 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 . construed to make the other Party an agent, servant, employee, or joint venturer of such Party. Neither Party shall have any right to bind or otherwise commit the other Party in any way. 8. NON-EXCLUSIVITY The Parties hereby acknowledge that the Services provided under this Agreement are not provided on an exclusive basis.Each party may freely contract with any third party concerning the subject matter of this Agreement. 9. 'ASSIGNMENT Neither Party may assign its rights or obligations under this Agreement, whether by assignment or novation, without the prior written consent of the other Party; provided, however, 'that UM may assign its rights or obligations to an Affiliate of UM. UM will provide prompt notice of such assignment to Client. "Affiliate"means any company controlling, controlled by or under common control with UM. 10. LIMITATI F LIABILITY UM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. UM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES, REGARDLESS OF NATURE OF THE DAMAGES (WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER TYPE OF CLAIM) IN EXCESS OF THE FEES PAID TO UM BY CLIENT UNDER THE SOW GIVING RISE TO SUCH LIABILITY IN THE PRECEDING SIX(6)MONTHS.THIS CLAUSE SHALL SURVIVE TERMINATION AND/OR EXPIRATION OF THE AGREEMENT. Page 5 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 11. INDEMNIFICATION Subject to the limitations set forth in Section 10, each party agrees to indemnify, defend, and hold harmless (the "Indemnifying Party") the other Party and its officers, employees and agents (the "Indemnified-Party"), from and against any and all actions, claims, liabilities, losses and expenses including, but not limited to, reasonable attorney's fees, for personal economic damages,bodily injury,wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the Indemnifying Party, and/or any and all subcontractors, employees, agents, or any other person or entity acting under the Indemnifying Party's control, in connection with the Indemnifying Party's performance of activities under or in relation to this Agreement. 12. NO WAIVE,': Either Party's failure, at any time to enforce or require the other Party's strict compliance with any of the terms or conditions in this Agreement shall not constitute a waiver of any rights and remedies arising from such non-compliance and shall not affect the non-breathing Party's right to subsequently enforce such terms and conditions. 13. INTELLECTUAL P;"OPERTY Each Party will continue to own all rights and interest in and title to its Intellectual Property. "Intellectual Property" includes without limitation any patent(including issued patents and patent applications), trademarks, trade dress, brand marks, service marks, trade names, brand names, logos or business symbols and Know-Ilow, that is owned or controlled by the Party as of the Effective Date or that is acquired by it during the Term independent of this Agreement ("Background IP"). "Know-How" means a Party's ideas, discoveries, improvements, or (� g Y� p , technology, tests, assays, techniques, regulatory strategies, data, methods, procedures, formulas, Page 6 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 processes, pharmaceutical, chemical and biological materials, products, components or compositions, technical and non-technical data and other information relating to any of the foregoing, drawin s plans, designs, diagrams, sketches, specifications or other documents gig g p containing or relating to such information or materials, and business processes, price data and information, marketing data and information, sales data'and information, marketing plans and market research. To the extent that any new Intellectual Property ("Arising IP") is created under this Agreement, provided that such Arising IP does not contain Background IP, ownership of such Arising IP shall be owned by the Party who created such Arising IP, so long as written documentation can verify that the Arising IP was created by such Party. In the event that any Arising IP contains Background IP of the other Party,the Party owning rights in such Background IP shall have blocking rights over the Arising IP that contains its Background IP. To the extent that any Intellectual Property is jointly created by the Parties,the Parties will share ownership rights in and to any new intellectual property created jointly("Joint IP"). • 14. TAXES In the event that any Value Added'I'ax/Goods and Services Tax or similar indirect or sales taxes(collectively,"Taxes")are due under any applicable law,regulation or otherwise,Client will be responsible for payment of Taxes applicable to UM's provision of the Services. The amounts set forth in the SOW are exclusive of any applicable Taxes. 15. NO ':;ENIEFII 1'O'IZ'}C IR 0 PA,':TIES The rights set forth in this Agreement are for the sole benefit of the Parties and their successors and permitted assigns,and they should not be construed as conferring any rights on any third party. Page 7 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 16. REPRESENTATION BY COUNSEL Each Party acknowledges that it has had the opportunity to be represented by counsel of such Party's choice with respect to this Agreement. In view of the foregoing and notwithstanding any otherwise applicable principles of construction or interprefation, this Agreement shall be deemed to have been drafted jointly by the Parties and in the event of any ambiguity,shall not be construed or interpreted against the drafting Party. The headings used in this Agreement are for the sake of convenience only and shall not control or affect the meaning, construction or interpretation of any provision of this Agreement.• 17. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to its conflict of law provisions. Any dispute under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts residing in Miami-Dade County, Florida. Each party hereby irrevocably waives, to the fullest extent it may effectively do so,the defense of an inconvenient forum to the maintenance of any action in Miami- Dade County, Florida. 18. AUTHORIZATION Each Party represents and warrants that it is fully authorized to enter into this Agreement. 19. 'ItISCLAIME," OF WARRANTIES UM shall perform the Services in good faith and with due professional care. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL SERVICES AND DELIVERABLES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED AS-IS. UM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,WITH RESPECT TO THE SERVICES OR DELIVERABLES, INCLUDING WITHOUT LIMITATION, ANY • Page 8 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. 20. FORCE MAJEURE I 1 Except with respect to Client's payment obligations,neither Party will be liable or deemed to be in default of this Agreement for any delay or failure in performance or other interruptions of service resulting directly or indirectly from acts of God,'civil or military authority, acts of public enemy, accidents, fires, explosions, earthquakes, hurricanes, floods, failure of transportation, strikes or other work interruptions caused by either Party's employees,or any similar'cause beyond the reasonable control of such Party. 21. ENTIRE AGREEMENT This Agreement, together with any appendices, exhibits, schedules, amendments, or addendums shall constitute the entire agreement between the Parties with respect to the subject matter hereof.To the extent of any conflicting terms,the order of precedence,except where stated otherwise, shall be as follows: 1) this Agreement, as may be amended from time to time; 2) appendices, exhibits, schedules, amendments or addendums; 3) purchase order terms and conditions.There are no oral agreements with respect to the subject matter of this Agreement that are not fully expressed in this Agreement.No representations,understandings,or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. UM, its faculty, staff, and students will not be bound by any shrink-wrap terms and conditions or by any clickwrap, browsewrap, sign-in-wrap, scrollwrap, or other similar online 1 . terms and conditions of any kind, regardless of when opened or clicked or by whom, even if Page 9 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 Client's documentation or website states otherwise. This Agreement can only be modified via a written amendment signed by an authorized representative of each party. 22. SEVERAILI]LITY If any term of the Agreement is determined by legal or regulatory process to be invalid, unenforceable or illegal, such term shall be excluded to the extent of such invalidity or unenforceability, and all other terms shall remain in full force and effect.To the extent permitted and possible,the invalid, unenforceable or illegal term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable term. 23. COMPLIANCE WITH LAWS The Parties shall comply with all applicable laws, rules, and regulations in performing their respective obligations under this Agreement. Each party agrees that in connection with this Agreement, it will not offer, promise or give, directly or indirectly, anything of value to any government official, political party candidate or employee thereof or to any third party while knowing that such item of value or any portion thereof may be offered, promised, or given to a government official, political party official, political candidate, or employee thereof for the purpose of obtaining or retaining business. 24. FLORIDA PUBLIC RECORDS LAW For the purposes of this Section 24,"City"shall mean Client. (A)UM shall comply with Florida Public Records law under Chapter 119,Florida Statutes,as may be amended from time to time. (B)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 Page 10 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 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. (C)Pursuant to Section 119.0701 of the Florida Statutes, if UM meets the definition of "Contractor"as defined in Section 119.0701(1)(a), UM shall: (1) Keep and maintain public records required by the City to perform the service; (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 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; (3) 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 Agreement if UM does not transfer the records to the City; (4). Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of UM or keep and maintain public records • required by the City to perform the service. If UM transfers all public records to the City upon completion of the Agreement, UM shall destroy any duplicate public records that are exempt or confidential and exempt, from public records disclosure requirements. If UM keeps and maintains Page 1 1 DocuSign,Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 • public records upon completion of the Agreement, UM 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. (C) 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 UM of the request, and UM must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) " UM's failure to comply with the City's request for records shall constitute a breach of the Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 1 19.10. (D) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services,the court shall assess and award against UM the reasonable costs of enforcement,including reasonable attorney's fees, if: I , (a) The court determines that UM unlawfully refused to comply with the public ' records request within a reasonable time; and Page 12 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 (b) At least eight(8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that UM has not complied with the request,to the City and to UM. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to UM at UM's address listed on its contract with the City or to UM's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. (3) A Contractor who complies with a public records request within eight(8)business days after the notice is sent is not liable for the reasonable costs of enforcement. (E) IF UM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO UM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: CITY CLERK 1700 CONVENTION CENTER ,1!RIVE MIAMI ;EACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO a MIAMIBEACHFL.GOV - PHONE: 305-673-7411 ' 25. INSPECTOR GENERAL AU I IT RIGHTS For the purposes of this Section 25,"City"shall mean Client. (A)Pursuant to Section 2-256 of the Code of the City of Miaini 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 Page 13 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B)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 UM, 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. (C)Upon ten (10) days written notice to UM, UM 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 UM, its officers, agents and employees, lobbyists, Page l4 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 City staff and elected officials,to ensure compliance with the contract documents and to detect fraud and corruption. (D)The Inspector General shall have the right to inspect and copy all documents and records in UM'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. (E)UM 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 Agreement,for examination,audit,or reproduction,until three(3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: (1) If this Agreement is completely or partially terminated, UM shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement; and (2) UM shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. • Page 15 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 (F)The provisions in this section shall apply to UM, its officers, agents„ employees, subcontractors and suppliers. UM shall incorporate the provisions in this section in all • subcontracts and all other agreements executed by UM in connection with the performance of this Agreement. (G) 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 UM or third parties. 26. E-VERIFY (A) To the extent that UM provides labor,supplies,or services under this Agreement,UM shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" CT-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, UM shall register with and use the E-Vcrify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, UM shall expressly require any subcontractor performing work or providing services pursuant to the Agreement 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 UM enters into a contract with an approved subcontractor, the subcontractor must provide the UM with an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien. UM shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. Page 16, DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 (1) If the City has a good faith belief that UM has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with'UM for cause, and the City shall thereafter have or owe no further obligation or liability to UM. (2) If the City has a good faith belief that a subcontractor has knowingly violated the s. foregoing Subsection 20(A), but UIVI otherwise complied with such subsection, Client will promptly notify UM and order UM to immediately terminate the agreement with the subcontractor. UM's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate UM's contract for cause. , (3) A contract terminated'under the foregoing Subsection (B)(l) or (B)(2) is not in breach of contract and may not be considered as such. (4) Client or UM or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection(B)(1)or(B)(2)no later than 20 calendar days after the date on which the contract was terminated. 27. COUNTERPARTS This Agreement may be executed in two or more counterparts and may be executed by electronic signature. Each counterpart shall be deemed an original, all of which taken together shall constitute a single instrument. Page 17 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037• • The Parties-hereby execute this Agreement through their authorized signatories as follows: UNIVERSITY OF MIAMI: CITY OF MIAMI BEACH: —DocuSigned by: tkvaxurtsignature: $pt��a�u Signature: 0 3AO�TOCa450... Humberto spezi ani Iic'k //€Name: Name: .i Title: Associate vice President Title: /ngfuJ4, /l4e itr 06/ 5/13/2024 Date: S— 2605/ Date: • ATTEST: APPROVED AS TO 44 • FORM & LANGUAGE &FOR EXECUTION jtafgo1 L.(3ragedo C� /� ,►cam City Attorney SS' Date JUN 0 5 2024 4.r.ggi,,,, _ - icy • INC0AP OATEN • • • Page 18 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 APPENDIX A STATEMENT OF WORK#1 TO SERVICES AGREEMENT I. Services and Deliverables See attached. 2. Key Personnel For Client: For University: Lindsey Precht Helena Solo-Gabriele Title: Assistant Director, Environmental and Title: Professor Sustainability Department Email: hmsolo@miami.edu Email: LindseyPrecht@miamibeachfl.gov Phone: 305-989-9103 Phone: 305-673-7000 x 26008 3. Client Responsibilities Client will be responsible for providing the information and support (meeting attendance, etc) referenced in the attachment. 4. Fees: In consideration of the services provided under this SOW, Client will pay UM$75,000, payable in accordance with the payment schedule and terms in Sections 5 and 6 below. 5. Payment Schedule: UM will invoice Client prior to the dates set forth below. All payments will be due as follows: First Installment of$10,000, payable by July 15,2024; Second Installment of$15,000,paid by August 15, 2024; Third Installment of$20,000, paid by September 15,2024; Fourth Installment of$30,000,paid by October 31, 2024; 6. Payment Terms: Fees must be paid via direct wire transfer to the University of Miami, attention: College of Engineering. Wire information will be set forth in the invoices. [remainder of page intentionally left blank] Page 19 DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 • • RESOLUTION NO! 2023-32852 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO PROCURE THE SERVICES OF DR.SOLO-GABRIELE TO CONDUCT A POST- STUDY ON THE WATER QUALITY IN THE PARK VIEW ISLAND CANAL, IN ORDER TO DETERMINE WHETHER THE WATER QUALITY HAS IMPROVED FOLLOWING THE COMPLETION OF PROPOSED SHORT-TERM REMEDIAL • MEASURES; AND FURTHER, PROVIDING'THAT THE TOTAL AMOUNT OF THE POST-STUDY SHALL NOT EXCEED$75,000. WHEREAS,the City of Miami Beach is committed to maintaining and improving the quality of its waterways and Biscayne Bay as they are critical to•environmental, economic, and • recreational prosperity, and to the health, safety, and welfare of the citizens of the City of Miami ' Beach;-and • WHEREAS, since 2020,-following a sanitary sewer overflow caused by a contractor, the water quality at the Park View kayak launch and canal has contained chronically elevated bacteria levels,and a"No'Contact Advisory"has been issued for the Park View Canal Kayak Launch(the • • "Canal") location since that time; and • WHEREAS, the City implemented various strategies to isolate potential sanitary sewer leaks, including multiple dye testing, deep cleaning of the stormwater lines,water quality testing throughout the stormwater system, sediment sampling *in the canal, CCTV inspections, and smoke testing to determine potential illegal cross connections between private properties sewer , lines and the City's stormwater system;and • WHEREAS, the City performed advanced gene.biomarker analysis to 'identify fecal . indicators for humans, dogs, or birds at locations within the canal, and the results of the analysis in 2020 and 2021 indicated that fecal coliform from dogs and birds were present at high concentrations in samples; and WHEREAS, the City retained .ESciences, a third-party consultant specializing in' • environmental investigations, to conduct a thorough analysis of the data which indicated more studies were necessary to draw conclusions in the data set,as trends could not be identified;and WHEREAS, in light of the continued elevated levels,the City procured the services of Dr. - Solo-Gabriele,Associate Dean for the University of Miami College of Engineering, a global water quality expert in evaluating microbes in water and sediments; and WHEREAS, Dr. Solo-Gabriele and the University of Miami team conducted a four-month • sampling study to help determine the geographic or point-source(s)of bacteria;arid • WHEREAS, the study discovered that freshwater surface layer of the canal had higher levels of bacteria, and that rainfall was the main predictor of poor water quality•in the canal,with sediments from the canal shoreline, the streets, and sediments in catch basins, and shallow • groundwater entering the canal from the 81-acre catchment area to the east and despite rigorous sanitary sewer testing,the system including private connections is aging and cannot be ruled out; and DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 I ' WHEREAS, the study identified many sources contributing to degraded water quality including exotic and feral animal feces, the homeless population, dog waste, litter, and leaking dumpsters in commercial areas;and WHEREAS, City staff from several Departments have worked to address many of these findings by providing an increased level of services, and have developed an action plan that combines the study recommendations with actions that include both funded and unfunded items; and WHEREAS,there are several impactful short-,mid-,and long-term recommended actions that include dredging within the Park View Canal to increase flushing and target stormwater and sanitary sewer infrastructure improvements;and WHEREAS, following the completion of proposed short-term remedial measures to • improve the water quality in the Canal,.the Mayor and City Commission wish to authorize the City Administration to procure the services of Dr. Solo-Gabriele to conduct a post-study on the water quality in the Canal in order to determine whether the water quality has improved, provided that the total amount of the study shall not exceed$75,000. • 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 authorize the City Administration to procure the services of Dr.Solo-Gabriele to conduct a post-study on the water quality In the Park View Island Canal in order to determine whether the water quality has improved following the completion of proposed short-term remedial - ' measures;and further, provide that the total amount of the post-study shall not exceed$75,000. • PASSED AND ADOPTED this I3 day of BeCenrlxr , 2023. ATTEST: Steven Meiner,Mayor . DEC 1 9 2023 • Rafael E. Granado, City Clerk - • (sponsored by Vice-Mayor Kristen Rosen Gonzalez) APPROVED AS TO : FORM&LANGUAGE • ` � 5 &FOR EXECUTION 'tiL0RP 01thTED „ n, Attorney. I Z —LI—Z3 City y'�j Date • DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 • Resolutions.-C7 L MIAMI BEACH COMMISSION MEMORANDUM `TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz,City Attorney DATE: December 13,2023 • SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AUTHORIZING THE CITYADMINISTRATION TO PROCURE THE SERVICES OF DR. SOLO-GABRIELE TO CONDUCT A POST-STUDY ON THE WATER QUALITY IN THE PARK VIEW ISLAND CANAL, IN ORDER TO DETERMINE WHETHER THE WATER QUALITY HAS IMPROVED FOLLOWING THE COMPLETION OF PROPOSED SHORT-TERM REMEDIAL MEASURES;AND FURTHER, PROVIDING THAT THE TOTAL AMOUNT OF THE POST-STUDY SHALL NOT EXCEED ' , $75,000. ANALYSIS • The proposed Resolution was prepared at the request of the sponsor, Vice-Mayor Kristen Rosen Gonzalez. SUPPORTING SURVEY DATA' N/A FINANCIAL INFORMATION . The fiscal impact,if the study is authorized by the City Commission,shall not exceed$75,000. , Is this a"Residents Right Does this item utilize G.0, to Know"item.pursuant to Bond Funds? City Code Section 2-1 ? No No Legislative Tracking Office of the City Attorney Sponsor • Vice-Mayor Kristen Rosen Gonzalez • • Page 397 of 1118 4 - DocuSign Envelope ID:9288CDDD-984A-4FDB-9FCA-9AF263631037 ATTACHMENTS: Description ❑ Resolution Page 398 of 1118