HomeMy WebLinkAboutSubstitution Memo from City ManagerCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE: April 25, 2025 FILE:
Members of the City Commission
Chico/
FROM: Arthur Noriega V REFERENCES:
City Manager ENCLOSURES:
SUBJECT: SUBSTITUTION -
Bid Waiver for Martin Luther King Jr. Blvd/
Butterfly Gardens Beautification Services/Item
PH. 10
Item PH 10 on the May 22, 2025, City Commission Meeting Agenda is an item to authorize a
Resolution of the Miami City Commission with attachment(s), approving by a four -fifths (4/5ths)
affirmative vote, pursuant to section 18-92 of the Code of the City of Miami, Florida, as amended;
after an advertised public hearing, ratifying, confirming, and approving the City Manager's
recommendation and written findings, pursuant to Section 18-85(a) of the Code of the City of Miami,
Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being
practicable or advantageous to the City of Miami ("City") to establish a contract for beautification
services for Dr. Martin Luther King Jr. Boulevard and the Butterfly Gardens.
The item was originally scheduled for April 24, 2025; however, it was deferred in order for Procurement
to conduct a review of the proposed rates as Greater Miami Services Corps, the current contract
holder, has not received an increase in rates and contract prices have remained constant since the
inception of the contract in 2022. In consideration of the increased cost in labor, materials, and
equipment to provide the beautification services, it was decided to increase the rates pursuant to the
Consumer Price Index. The agenda item is hereby amended to reflect the new rates.
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AGENDA ITEM SUMMARY FORM
FILE ID:
Date: April 24, 2025
Requesting Department: RPW
Law Department
Matter ID No.
Commission Meeting Date: 05/22/2025 District Impacted: 5
Type: /i4 Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Future Legislation ❑ Other
Subject: Bid Waiver 24-25-022: Martin Luther King Jr. Blvd/Butterfly Garden Beautification Services
Purpose of Item:
The nature of this item is to approve a resolution of the Miami City Commission, with attachment(s),
by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, confirming, and
approving the City Manager's recommendation and written findings, pursuant to Section 18-85(a) of
the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed
bidding methods as not being practicable or advantageous to the City of Miami ("City") to establish a
contract for beautification services for Dr. Martin Luther King Jr. Boulevard and the Butterfly Gardens
for a period of three (3) years with Greater Miami Service Corps "GMSC", for the Department of
Resilience and Public Works ("RPW"), allocating funds from account number 13000.201000.534000
and other funding sources, subject to the availability of funds and budget approval at the time of need;
further authorizing the City Manager to negotiate and execute any and all documents, including any
amendments, renewals, and extensions subject to all allocations, appropriations and budgetary
approvals having been previously made, compliance with applicable provisions of the code of the City
of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance,
Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code,
in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and
regulations, as may be deemed necessary for said purpose.
Background Information:
The Greater Miami Service Corps ("GMSC") was established in 1990 with a mission to transform the
lives of young people through education and service activities that improve our communities and
strengthen our local workforce. GMSC's program model uses service as a strategy to connect young
people in Miami -Dade County to education and meaningful work experience opportunities while at the
same time providing cost effective services that improve our communities. GMSC has held a contract
with the City since 2016 for the beautification services of Dr. Martin Luther King, Jr. Boulevard and the
Butterfly Gardens and the City wishes to continue said services. The contract term is for a three (3)
year period with no option to renew. The approximate cost of service is estimated to be $271,259.41
annually and $813,778.23 in the aggregate.
Budget Impact Analysis
❑ Yes ® No Is this item related to revenue?
® Yes ❑ No Is this item an expenditure? If so, please identify funding source below.
General Account No: 13000.201000.534000.0000.00000
Special Revenue Account No: N/A
CIP Project No: N/A
❑ Yes ® No Is this Item funded by bonds?
Start Up Capital Cost: N/A
Maintenance Cost: N/A
Total Fiscal Impact: $271,259.41 annually; $813,778.23 in the aggregate
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Page 1 of 2
Sponsorship Information
(This section is not required for items that have Citywide impact.)
® Yes ❑ No Has the District Commissioner been advised of this item?
Please check which of the following applies:
® The District Commissioner will sponsor the item. Specify district below.
❑ D1 0D2 ❑D3 ❑D4 ®D5
❑ The District Commissioner will NOT sponsor the item.
❑ Response pending from District Commissioner.
Does the item require approval from the following departments?
❑ Grants
• Procurement
❑ Risk
Dept. Director
Final Approval
Page 2 of 2
..Title
THE NATURE OF THIS ITEM IS TO APPROVE A RESOLUTION OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING
THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS ATTACHED
HERETO AS EXHIBIT A, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE
CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR BEAUTIFICATION SERVICES
FOR DR. MARTIN LUTHER KING JR. BOULEVARD AND THE BUTTERFLY GARDENS FOR A
PERIOD OF THREE (3) YEARS WITH GREATER MIAMI SERVICE CORPS ("GMSC"), FOR
THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW'), ALLOCATING FUNDS
FROM ACCOUNT NUMBER 13000.201000.534000.0000.00000 AND OTHER FUNDING
SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE
TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL
DOCUMENTS, INCLUDING ANY AGREEMENTS, AMENDMENTS, RENEWALS, AND
EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS AND BUDGETARY
APPROVALS HAVING BEEN PREVIOUSLY MADE, COMPLIANCE WITH APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY
CODE"), INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -
DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
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BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
WHEREAS, the City awarded a bid waiver contract to GMSC in 2016 and 202a,;-and
WHEREAS, GMSC was established in 1990 as a not -for -profit corporation with 6-misn
to transform the lives of young people through education and service activities that improve our
communities and strengthen the local workforce; and
WHEREAS, pursuant to Section 18-85(a) of the City Code, the City Manager has waived
competitive sealed bidding methods via a written finding with reasons supporting the same; and
WHEREAS, said bid waiver requires ratification, confirmation, and approval by the City
Commission by a four -fifths (4/5ths) affirmative vote after an advertised public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the
City Manager's recommendation and written findings, pursuant to Section 18-85(a) of the Code
of the City of Miami, Florida, as amended, are ratified, confirmed and approved and the
requirements for competitive sealed bidding methods that are not practicable or advantageous,
for the provision of beautification services for Dr. Martin Luther King Jr. Boulevard and Butterfly
Gardens from GMSC for a three (3) year period are ratified, confirmed and approved.
Section 3. Funds to be allocated from RPW's general account number
13000.201000.534000.0000.00000 or other funding sources, subject to the availability of funds
and budget approval at the time of need.
Section 4. The City Manager is authorized to negotiate and execute all other documents,
including any agreements, amendments, renewals, and extensions, subject to allocations,
appropriations and budgetary approval having been previously made, and in compliance with
applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"),
including, the City of Miami's Procurement Ordinance, Anti -deficiency Act, and Financial Integrity
Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney,
and in compliance with applicable regulations, as may be necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor {2}.
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE K. WYSONG III
CITY ATTORNEY
.. FOOTNOTE
{1} The authorization herein is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} This Resolution shall become effective as specified herein unless vetoed by the Mayor does
within (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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GMSC Pricing Increase
1. Clarifying the Goal:
Adjusting labor -related pricing (landscaping services) using the Consumer Price Index (CPI) as a
cost escalation guide. Since this is labor -based and not goods -based, you're looking at CPI for
Services rather than All Items or Commodities.
Contract Facts:
• No pricing increase since contract inception
• Want to escalate pricing through 2024 using relevant CPI data
2. CPI Numbers: What's Relevant?
According to US Bureau of Labor Statistics:
12-Month Percent Change for Services iri Miami -Fort Lauderdale -West Palm
Year. CPI Increase (%)
21 .2 (not relevant here since Jan 2022 is the
base)
2022
2023
9.5
2024
10.9
5.0 (YTD or estimate)
But here's a key point: CPI figures are typically reported year -over -year (YoY), so they are not to be
added linearly.
If you're measuring from January 2022 to January 2024, the correct way to calculate cumulative
inflation is multiplicatively, not additively.
3. Proper Formula:
Cumulative CPI Increase = (1 + CPI_Y1) x (1 + CPI Y2) x ... x (1 + CPI_Yn) -1
Using the above numbers:
• 2022 CPI = 10.9% ->1.109
• 2023 CPI = 5.0% -4 1.050
Cumulative increase = 1.109 x 1.050 = 1.16445 4 16.4%
Proper CPI -adjusted increase from Jan 2022 to Jan 2024 is 16.4%, because of compounding.
4. Conclusion & Recommendation:
The cumulative CPI -based labor rate adjustment from Jan 2022 to early 2024 is 16.4%.
5. Explanation:
The original contract pricing has not been adjusted since January 2022 (the time of the initial pricing
was provided — contract was approved by commission in May 2022). Using the Bureau of Labor
Statistics' CPI for Services, the cumulative inflation from Jan 2022 through early 2024 is 16.4%. This
figure accounts for a 10.9% increase in 2022 and a 5.0% increase in 2023, compounded to reflect
the true cost escalation- recommend adjusting the pricing by 16.4% to align with real labor cost
increases over this period.
Additional Data
A
Consumer Price In
B C D E I F
ex for All Urban Consumers (CPI-U)
2 12-Month Percent Change
4 Series Id: CUURS35BSAS
5 Not Seasonally Adjusted
6 Series Title: Services in Miami -Fort Lauderdale -West Palm
7 Area: Miami -Fort Lauderdale -West Palm Beach, FL
8 Item: Services
9 Base Period: 1982-84=100
10 Years: 2021 to 2024
11
12 Year Annual
132021
142022
15 2023
16 2024
17
18
3.2
9.5
10.9
5.0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Todd B. Hannon
City Clerk
FROM: Juvenal Santana, P.E., C.F.M.
Director
Department of Resilience and Public Works
DATE:
March 3, 2025 FILE:
SUBJECT: Request to Publish Notice for Public
Hearing Bid Waiver for Martin Luther King
Jr. Blvd/Butterfly Gardens Beautification
Services
REFERENCES:
ENCLOSURES: Bid Waiver Package
Please make arrangements to publish a Notice of Public Hearing for objections to the waiving of the requirements for
formal sealed bids for the provision of Martin Luther King Jr Blvd/Butterfly Gardens beautification services for the
Department of Resilience and Public Works.
Attached is the advertisement.
The public hearing has been scheduled for May 22, 2025
Approved: >, 7 54.ot .yuL
Miriam M. Santana, Agenda Coordinator
Date: 5/5/2025
C: Asael Marrero, RA, RID, AIA, ICC, Assistant City Manager
Miriam Santana, Agenda Coordinator
Annie Perez, CPPO, Director/ Chief Procurement Officer, Department of Procurement
CITY OF MIAMI, FLORIDA
NOTICE TO THE PUBLIC
A public hearing will be held by the City Commission of the City of Miami, Florida on
Thursday, May 22, 2025, at 9:00 a.m. in the City Commission Chambers at City Hall,
3500 Pan American Drive, Miami, Florida 33133, for the purpose of waiving the
requirements of obtaining sealed bids for the provision of Martin Luther King Jr.
Blvd/Butterfly Gardens beautification services.
Inquiries from other potential sources of such a package who feel that they might be
able to satisfy the City's requirements for this item may contact Tahlia Gray,
Procurement Analyst, at the City of Miami Procurement Department at (305) 416-1912.
Pursuant to Miami City Code Section 2-33(o), whenever a scheduled City Commission
meeting is cancelled or is not held due to a lack of a quorum or other emergency, a
special City Commission meeting will be automatically scheduled for the Tuesday
immediately following the cancelled meeting. In the event of one of the aforementioned
circumstances, the special meeting would be held on May 27, 2025, at 9:00 a.m. in the
City Commission chambers located at Miami City Hall, 3500 Pan American Drive,
Miami, Florida 33133. All of the scheduled agenda items from that cancelled meeting
shall automatically be scheduled as an agenda item at the special City Commission
meeting.
The City Clerk shall notify the public of the special meeting that is to take place by
placing a notice of the special City Commission meeting at the entrance of City Hall and
the City's main administrative building, placing a notice on the City's website, and, if
feasible, placing an ad in a newspaper of general circulation before the special meeting
on the immediately following Tuesday. There shall be no additional notice by publication
required for any such scheduled agenda item that is moved to the special City
Commission meeting.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodations to participate in this proceeding may contact the Office of the City
Clerk at (305) 250-5361 (Voice) no later than five (5) business days prior to the
proceeding. TTY users may call via 711 (Florida Relay Service) no later than five (5)
business days prior to the proceeding.
Todd B. Hannon
City Clerk "
Ad No. 43711,2.;
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V
City Manager
"—Signed by:
�— 78018AEF54464BE...
FROM: JuvenalSantana, P.E., C.F.M.
Director
Department of Resilience and Public Works
DATE:
February 27, 2025 FILE:
SUBJECT: Approval of finding to waive
Competitive sealed bidding methods
for MLK Blvd - Greater Miami Service Corp.
REFERENCES:
ENCLOSURES:
Pursuant to City Code Section, 18-85, amended, it is respectfully recommended that the City Manager waive
competitive sealed bidding methods via this written finding and reasons herein. Said waiver shall need to be ratified,
confirmed, and approved by the Miami City Commision by four -fifths (4/5ths) affirmative vote during an advertised
public hearing.
These are my written findings waiving the requirements for competitive sealed bidding methods as not being
practicable or advantages to the City of Miami for the maintenance and beautification of Martin Luther King Boulevard
insofar as an agreement with Greater Miami Services Corps. ("GMSC") to perform certain work is reached.
GMSC was established in 1990 as a Florida Not for Profit Corporation, youth service organization. The agency is based
in the City of Miami at 810 NW 28th Street, Miami, Florida 33127. GMSC provides professional employment and
training services to out -of -school youth between the ages of 18-24 and is a cost-effective way to implement
landscaping and beautification services. GMSC provides similar services for the City of Miami, Miami -Dade County,
Florida Department of Transportation and the National Park Service as part of the goal to engage young people in
projects that allow them to become stakeholders in their local community. Youth engaged in this project will be City of
Miami residents and will receive professional services that include improving their educational levels through GED,
high school and/or occupational credentials, life skills training, comprehensive case management and leadership
development while at the same time gaining marketable skills they can use in the workplace. Members will also
participate in non -violence workshops to promote peace and provide techniques for conflict resolution. GMSC can
competently, expeditiously and responsively perform this work.
If the City Commission concurs, and ratifies, my finding by a fourth -fifths vote, the City Administration will proceed to
negotiate and execute an Agreement with GMSC for their performance this work.
Your signature below confirms your approval of waiving competetive sealed bidding methods for the landscaping and
beautification services.
DocuSigneddA by:
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C372DD42A...
Arthur Noriega V
C: Asael Marrero, RA, RID, AIA, ICC, Assistant City Manager
Miriam Santana, Agenda Coordinator
Annie Perez, Director, Department of Procurement
March 1, 2025 1 11:10:10 E�
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Date:
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1/28/25, 3:33 PM
Detail by Entity Name
DIVISION OF CORPORATIONS
Dimon !lf
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an ofcial laic of Florida wetalte
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Not For Profit Corporation
GREATER MIAMI SERVICE CORPS.
Filing Information
Document Number N39023
FEI/EIN Number 65-0221820
Date Filed 07/10/1990
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 04/23/1991 t.
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Event Effective Date NONE 'n
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Principal Address nrri nc
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810 N.W. 28TH STREET�<-4 —<
MIAMI, FL 33127-4046 0 =r
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Changed: 01 /29/2000 —' =
Mang Address In- CJ
810 N.W. 28TH STREET o
MIAMI, FL 33127-4046
Changed: 01/29/2000
Registered Agent Name & Address
Edwards, Ramona
810 NW 28TH STREET
MIAMI, FL 33127
Name Changed: 01/08/2024
Address Changed: 05/20/1996
Officer/Director Detail
Name & Address
Title VC
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&SearchNameOrder-GREATER.. 1/3
1/28/25, 3:33 PM
BROWN, SANTARVIS, Dr.
810NW28THST
MIAMI, FL 33127
Title Treasurer
DAWSON, DONOVAN
444 SW 2nd AV
MIAMI, FL 33130
Title Chairman
LAWRENCE, LONNIE
810 NW 28th Street
MIAMI, FL 33127
Title S
EDWARDS, RAMONA
810 N.W. 28TH STREET
MIAMI, FL 33127-4046
Title MEM
HOLLOWAY, WILBERT
810 NW 28TH ST
MIAMI, FL 33127
Title Other, Administrative Officer
MCRAE, VINCENT
810 N.W. 28TH STREET
MIAMI, FL 33127-4046
Annual Reports
Report Year Filed Date
2024 01/08/2024
2024 06/18/2024
2025 01/08/2025
Document Images
01/08/2025 -ANNUAL REPORT
06/27/2024 -AMENDED ANNUAL REPORT
06/19/2024 -AMENDED ANNUAL REPORT
06/18/2024 - AMENDED ANNUAL REPORT
01/08/2024 -ANNUAL REPORT
06/22/2023 -AMENDED ANNUAL REPORT
01/03/2023 -ANNUAL REPORT
04/06/2022 -AMENDED ANNUAL REPORT
Detail by Entity Name
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1/28/25, 3:33 PM Detail by Entity Name
01/20/2022 — ANNUAL REPORT View image in PDF format
06/30/2021 —AMENDED ANNUAL REPORT View image in PDF format
01/05/2021 —ANNUAL REPORT View image in PDF format
08/31/2020 —AMENDED ANNUAL REPORT View image in PDF format
01/13/2020 —ANNUAL REPORT View image in PDF format
01/16/2019 —ANNUAL REPORT View image in PDF format
g1/10/2018— ANNUAL REPORT View image in PDF format
01/09/2017 —ANNUAL REPORT View image in PDF forniat
09/09/2016 — AMENDED ANNUAL REPORT View image in PDF format
01/04/2016 —ANNUAL REPORT View image in PDF format
01/02/2015 —ANNUAL REPORT View image in PDF format
01/17/2014 —ANNUAL REPORT View image in PDF format
01/02/2013 —ANNUAL REPORT View image in PDF format
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01/08/2010 —ANNUAL REPORT View image in PDF format
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04/17/2003 —ANNUAL REPORT View image in PDF format
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03/21/2001 — ANNUAL REPORT View image in PDF format
01/29/2000 —ANNUAL REPORT View image in PDF format
02/25/1999 —ANNUAL REPORT View image in PDF format
04/06/1998 — ANNUAL REPORT View image in PDF format
03/24/1997 —ANNUAL REPORT View image in PDF format
05/20/1996 —ANNUAL REPORT View image in PDF format
03/02/1995 —ANNUAL REPORT View image in PDF format
Retina Department or State. Division or Corporations
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PROFESSIONAL SER N iCE S AGREEMENT
By and Between
The City of Miami, Florida
And
The Greater Miami Service Corps, Inc.
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This Bid Waiver Agreement ("Agreement") by and between the City of Miami, a municipal
corporation of the State of Florida whose principal address is 444 SW 2"d Avenue, Miami, FL
33130 ("City"), and Greater Miami Service Corps ("GMSC" and "Contractor") a not for profit
corporation, qualified and authorized to do business in the State of Florida, whose principal
address is 810 NW 28th Street, Miami, FL 33127, is entered into this day of May, 2025 as
follows with an effective date of April 1, 2025.
RECITALS
WHEREAS, the Greater Miami Service Corps was established in 1990 with a mission
to transform the lives of young people through education and service activities that improve
our communities and strengthen our local workforce; and
WHEREAS, GMSC's program model uses service as a strategy to connect young
people in Miami -Dade County to education and meaningful work experience opportunities
while at the same time providing cost effective services that improve our community; and
WHEREAS, the City Manager and the Chief Procurement Officer have recommended
that the requirements for competitive sealed bidding procedures be waived and that the
procurement of the above service, as specified, be approved; and
WHEREAS, pursuant to Resolution , adopted on , the City
Commission by 4/5ths affirmative vote approved this Bid Waiver; and
NOW THEREFORE, for the considerations of the mutual covenants and promises
herein contained, GMSC and the City agree:
TERMS
1. RECITALS AND INCORPORATIONS; DEFINITIONS:
The recitals are true and correct and are hereby incorporated into and made a part of this
Agreement. The Services, Scope of Work, is hereby incorporated into and made a part of this
Agreement and attached hereto as Exhibit "A". The Contractor's Pricing Proposal is made part of
this Agreement as attached Exhibit "B". The Contractor's Insurance Certificate is hereby
incorporated into and made a part of this Agreement as attached Exhibit "C". The order of
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precedence whenever there is conflicting or inconsistent language between documents is as
follows in descending order of priority: (1) Professional Services Agreement ("PSA"), inclusive of
Exhibits, as may be amended; and (2) Contractor's proposal dated March 23, 2022,
acknowledging scope of services and pricing component of services.
2. TERM:
The Agreement shall become effective on the date reflected on the first page and shall be
for the duration of three (3) years with no option to renew. The City Manager shall have the option
to terminate the Agreement for convenience, that is, for any or no cause.
The City reserves the right to automatically extend this Contract for up to one hundred
eighty (180) calendar days beyond the stated Contract term, in order to provide City departments
with continual service and supplies while a new Contract is being solicited, evaluated, and/or
awarde`U. If the right to extend is exercised, the City shall notify the Contractor, in writing, of its
0 ;ent_extend the Contract in accordance with the existing terms and conditions for a specified
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r imber f days. Additional extensions beyond the first one hundred eighty (180) day extension
ti may occur, if the City and the Contractor are in mutual agreement of such extensions.
cif SCOPE OF SERVICES:
C F A. Contractor agrees to timely and competently provide the Services as specifically
described, and under the special terms and conditions set forth in Exhibit "A", which by this
reference is incorporated into and made a part of this Agreement.
B. Contractor represents to the City that: (i) it possesses all qualifications, licenses,
certificates, registrations, authorizations, and expertise required for the performance of the
Services, including but not limited to full authorization and qualifications to do business in Florida;
and (ii) it is not delinquent in the payment of any sums due the City, its agencies and
instrumentalities, including payment of permits, fees, occupational licenses, fines, liens,
violations, etc., nor in the performance of any contractual obligations or payment of any monies
to the City, its agencies and instrumentalities, or has not been debarred by any Florida public
agency or been placed on the convicted vendors list pursuant to § 287.133, Florida Statutes; and
(iii) all personnel assigned to perform the Services are and shall be, at all times during the term
hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will
be performed in the manner described in Exhibit "A"; and (v) each person executing this
Agreement on behalf of Contractor has been duly authorized to so execute the same and fully
bind Contractor as a party to this Agreement.
C. Contractor shall at all times provide fully qualified, competent, and physically
capable employees to perform the Services under this Agreement. City may require Contractor
2
to remove any employee the City deems careless, incompetent, insubordinate, or otherwise
objectionable and whose continued services under this Agreement is not in the best interest of
the City.
4. COMPENSATION:
A. The amount of compensation payable by the City to the Contractor shall be based
on the rates quoted in Exhibit "B" hereto, which by this reference is incorporated into and made a
part of this Agreement.
B. Unless otherwise specifically provided in Exhibit "A", payment shall be made within
forty-five (45) days after receipt of Contractor's invoice for Services performed, which shall be
accompanied by sufficient supporting documentation and contain sufficient detail, to allow a
proper audit of expenditures, should the City require one to be performed. Invoices shall be
sufficiently detailed to comply with the "Florida Prompt Payment Act", §§218.70. - 218.79, Florida
Statutes, and other applicable laws. No advance payments shall be made at any time.
C. Contractor agrees and understands that (i) any and all subcontractors providing
Services related to this Agreement shall be paid through Contractor and not paid directly by the
City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the
Services related to this Agreement shall be borne solely by Contractor.
D. The City will pay Contractor one hundred percent (100%) of each total invoice
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5: ; OWNERSHIP OF DOCUMENTS:
ntractor understands and agrees that any information, document, data, report or any
o`erraterial whatsoever which is given by the City to Contractor, its employees, or any
subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively
for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the
property of the City. Contractor agrees not to use any such information, document, data, report
or material for any other purpose whatsoever without the written consent of the City Manager,
which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor
is permitted to make and to maintain duplicate copies of the files, records, documents, data etc.
if Contractor determines copies of such records are necessary subsequent to the termination of
this Agreement; however, in no way shall the confidentiality as permitted by applicable law be
breached. The City shall maintain and retain ownership of any and all documents and data which
result upon the completion of the work and Services under this Agreement as per the terms of
this Section 5.
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6. AUDIT AND iN,rct., !ION RIGHTS AND RECORDS RETENTION:
A. Contractor agrees to provide access to the City or to any of its duly authorized
representatives, to any books, documents, papers, data, and records, including, without limitation,
electronic records of Contractor which are directly pertinent to this Agreement, for audit,
examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up
to three (3) years following the date of final payment by the City to Contractor under this
Agreement, audit and inspect, or cause to be audited and inspected, those books, documents,
data, papers, and records of Contractor which are related to Contractor's performance under this
Agreement. Contractor agrees to maintain all such books, documents, papers, data, and records
at its principal place of business for a period of three (3) years after final payment is made under
this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or
refusal to comply with, this condition shall result in the immediate cancellation of this Agreement
by the City.
B. The City may, at reasonable times during the term hereof, inspect the Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Contractor under this Agreement conform to the
terms hereof. Contractor shall make available to the City all reasonable facilities and assistance
ttr- faeiitate the performance of tests or inspections by City representatives. All tests and
iefipedo is shall be subject to, and made in accordance with, the provisions of §§ 18-101 and 18-
2 ofjho Code of the City of Miami, Florida as same may be amended or supplemented, from
time to: tithe.
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7; c iWARD OF AGREEMENT:
'Contractor represents and warrants to the City that it has not employed or retained any
person or company employed by the City to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage
fee, or gift of any kind contingent upon or in connection with, the award of this Agreement.
8. PUBLIC RECORDS: (Non -Negotiable)
A. Contractor understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to City Agreements, subject to the provisions of
Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
4
B. Contractor shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and necessarily
would be required by the City to perform this service; (2) provide the public with access to public
records on the same terms and conditions as the City would at the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt
or confidential and exempt from disclosure are not disclosed except as authorized by law; (4)
meet all requirements for retaining public records and transfer, at no cost, to the City all public
records in its possession upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide
all electronically stored public records that must be provided to the City in a format compatible
with the City's information technology systems. Notwithstanding the foregoing, Contractor shall
be permitted to retain any public records that make up part of its work product solely as required
for archival purposes, as required by law, or to evidence compliance with the terms of the
Agreement.
C. Should Contractor determine to dispute any public access provision required by
Florida Statutes, then Contractor shall do so in accordance with the provisions of chapter 119,
Florida Statutes, at its own expense and at no cost to the City.
D. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (305) 416-1830, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR
REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444;;SV ND
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AVENUE, 9TH FL, MIAMI, FL 33130. (-)ni
9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
F' i
Contractor understands that agreements with local governments are subto r rtainj
laws and regulations, including laws pertaining to public records, conflict of inteRst, e�hics,
lobbying, record keeping, etc. City and Contractor agree to comply with and observe alt-buch
applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be
amended from time to time.
Contractor further agrees to include in all of Contractor's agreements with subcontractors
for any Services related to this Agreement this provision requiring subcontractors to comply with
and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances,
as they may be amended from time to time.
5
10. INDEMNIFICATION:
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and
expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, attorney's fees, to the extent caused
by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Contract.
Contractor shall further, hold harmless the City, its officials and employees, and indemnify, save,
and defend (at its own cost), the City, its officials and/or employees against any civil actions,
statutory, administrative, regulatory, or similar claims, injuries or damages arising or resulting from
the permitted Work, or from the Contractor's alleged non-compliance with legal or contractual
requirements relative to the permitted Work, even if it is alleged that the City, its officials, and/or
employees were negligent. In the event that any action or proceeding is brought against the City
by reason of any such claim or demand, the Contractor shall, upon written notice from the City,
resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor
e-ess4i understands and agrees that any insurance protection required by this Contract or
otlierwyseJprovided by the Contractor shall in no way limit the responsibility to indemnify, keep,
save hart ess, and defend the City or its officers, employees, agents and instrumentalities as
hgfein ielaided.
crhe indemnification provided above shall obligate the Contractor to defend, at its own cost
J1 expense, to and through trial, administrative, regulatory, appellate, supplemental or
t_,_.
bahkrttcy proceeding, or to provide for such defense, at the City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against the
City, whether performed by the Contractor, or persons employed or utilized by Contractor.
These duties shall survive the cancellation or expiration of the Contract. This Section shall
be interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as may be
applicable and as amended.
Contractor shall require all sub -contractor agreements to include a provision that each
sub -Contractor shall indemnify the City in substantially the same language as this Section. The
Contractor agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any actions or omissions of the Contractor in which the City
participated either through review or concurrence of the Contractor's actions. In reviewing,
approving, or rejecting any submissions by the Contractor or other acts of the Contractor, the City,
in no way, assumes or shares any responsibility or liability of the Contractor or sub -contractor
under this Contract.
6
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is voluntarily and knowingly acknowledged by the Contractor.
Contractor understands and agrees that all liabilities regarding the use of any
subcontractor, supplier, laborer, or material person for Services related to this Agreement shall
be borne solely by Contractor throughout the duration of this Agreement and that this provision
shall survive the termination or expiration of this Agreement, as applicable.
11. DEFAULT:
If Contractor fails to comply materially with any term or condition of this Agreement or fails
to perform in any material way any of its obligations hereunder, and fails to cure such failure after
reasonable notice from the City, then Contractor shall be in default. Contractor understands and
agrees that termination of this Agreement under this section shall not release Contractor from any
obligation accruing prior to the effective date of termination. Should Contractor be unable or
unwilltrrg to commence to perform the Services within the time provided or contemplated herein,
t6n, iinkaddition to the foregoing, Contractor shall be liable to the City for all expenses incurred
br the -City in preparation and negotiation of this Agreement, as well as all costs and expenses
irfictirred',by the City in the re -procurement of the Services, including consequential and incidental
damages„
1 RESOLUTION OF AGREEMENT DISPUTES:
C=,
Contractor understands and agrees that all disputes between Contractor and the City
based upon an alleged violation of the terms of this Agreement by the City shall be submitted to
the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in
connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved
or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief
unless: (i) it has first received City Manager's written decision, approved by the City Commission
if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents
($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a
detailed statement of the dispute, accompanied by all supporting documentation or ninety (90)
days if City Manager's decision is subject to City Commission approval); or (iii) City has waived
compliance with the procedure set forth in this section by written instruments, signed by the City
Manager. In no event may the amount of compensation under this Section exceed the total
compensation set forth in Section 4 (A) of this Agreement.
7
rf 14.
13. TERMINATION: OBLIGATIONS UPON TERMINATION: (Non -Negotiable)
A. The City, acting by and through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to
Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such
event, the City shall pay to Contractor compensation for Services rendered and approved
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Contractor for any additional compensation and expenses incurred, other than that provided
herein, and in no event shall the City be liable for any consequential or incidental damages. The
Contractor shall have no recourse or remedy against the City for a termination under this
subsection except for payment of fees due prior to the effective date of termination.
B. The City, by and acting through its City Manager, shall have the right to terminate
this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a
material breach hereunder, and failure to cure the same within thirty (30) days after written notice
of default. A material breach for purposes of this Agreement shall mean a contract law term which
refers to a failure of performance under the Agreement which is significant enough to give the
City the right to sue for breach of contract. In such event, the City shall not be obligated to pay
any amounts to Contractor for Services rendered by Contractor after the date of termination, but
the !myrtles shall remain responsible for any payments that have become due and owing as of the
effee lee of termination. In no event shall the City be liable to Contractor for any additional
*--,comi*nsaycin and expenses incurred, other than that provided herein, and in no event shall the
=r!City be liable for any direct, indirect, consequential, or incidental damages.
L
INSURANCE:
A. Contractor shall, at all times during the term hereof, maintain such insurance
coverage(s) as may be required by the City. The insurance coverage(s) required as of the
Effective Date of this Agreement are attached hereto as Exhibit "C" and incorporated herein by
this reference. The Contractor shall add the City of Miami as an additional insured to its
commercial general liability, and auto liability policies, and as a named certificate holder on all
policies. Contractor shall correct any insurance certificates as requested by the City's Risk
Management Administrator. All such insurance, including renewals, shall be subject to the
approval of the City for adequacy of protection and evidence of such coverage(s) and shall be
furnished to the City Risk Management Administrator on Certificates of Insurance indicating such
insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with
no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates
of Insurance shall be filed with the City prior to the performance of Services hereunder, provided,
8
however, that Contractor shall at any time upon request file duplicate copies of the Certificate of
Insurance with the City.
B. Contractor understands and agrees that any and all liabilities regarding the use of
any of Contractor's employees or any of Contractor's subcontractors for Services related to this
Agreement shall be borne solely by Contractor throughout the term of this Agreement and that
this provision shall survive the termination of this Agreement. Contractor further understands and
agrees that insurance for each employee of Contractor and each subcontractor providing Services
related to this Agreement shall be maintained in good standing and approved by the City Risk
Management Administrator throughout the duration of this Agreement.
C. Contractor shall be responsible for assuring that the insurance certificates required
under this Agreement remain in full force and effect for the duration of this Agreement, including
any extensions hereof. If insurance certificates are scheduled to expire during the term of this
Agreement and any extension hereof, Contractor shall be responsible for submitting new or
renewed insurance certificates to the City's Risk Management Administrator as soon as
covgrages_ are bound with the insurers. In the event that expired certificates are not replaced, with
nevF r rgewed certificates which cover the term of this Agreement and any extension thereof:
CA
za t . OTT"- the City shall suspend this Agreement until such time as the new or renewed
Li4 •;
Cr. the City may, at its sole discretion, terminate the Agreement for cause and seek
procurement related damages from Contractor in conjunction with the violation of the
terms and conditions of this Agreement.
D. Compliance with the foregoing requirements shall not relieve Contractor of its
liabilities and obligations under this Agreement.
certificate(s) are received in acceptable form by the City's Risk Management
Administrator; or
15. NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT:
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
Vendor shall affirmatively comply with all applicable provisions of the Americans with Disabilities
Act ("ADA") in the course of providing any Services funded by City, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons.
Contractor affirms that it shall not discriminate as to race, age, religion, color, gender,
gender identity, sexual orientation, national origin, marital status, physical or mental disability,
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political affiliation, or any other factor which cannot be lawfully used in connection with its
performance under this Agreement. Furthermore, Contractor affirms that no otherwise qualified
individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation, or any
other factor which cannot be lawfully used, be excluded from the participation in, be denied
benefits of, or be subjected to, discrimination under any program or activity. In connection with
the conduct of its business, including performance of services and employment of personnel,
Contractor shall not discriminate against any person on the basis of race, age, religion,
color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental
disability, political affiliation, or any other factor which cannot be lawfully used. All persons having
appropriate qualifications shall be afforded equal opportunity for employment.
16. ASSIGNMENT:
The Contractor's services are considered unique in nature. This Agreement shall not be
assigned, sold, conveyed or pledged by Contractor, in whole or in part, and Contractor shall not
assign any part of its operations under this Agreement, without the prior written consent of the
City Manager, which may be withheld or conditioned, in the City's sole discretion through the City
Manager.
17. NOTICES:
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party
may designate by notice given as herein provided. Notice shall be deemed given on the day on
which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
TO CONTRACTOR: TO THE CITY:
Deborah Dorsett
Executive Director
G ater Miami Service Corps
8 k0' NW 8th Street
Malni, F-L3127
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Arthur Noriega V
City Manager
444 SW 2"d Avenue, 10th Floor
Miami, FL 33130-1910
With copies to:
Juvenal Santana, P.E.
Resilience and Public Works Director
444 SW 2"d Avenue, 8th Floor
Miami, FL 33130-1910
RECEWED
2025 MAY 14 r:m 9: 08
OFFICE Cr THE CITY CLEM
CITY OF MIAMI
Annie Perez, CPPO
Chief Procurement Officer
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130-1910
18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida.
Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted
by motion or pleading, that the aforementioned courts are an improper or inconvenient venue.
Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and
irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a
jury trial.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
C. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable, then the same shall be deemed severable, and
in either event, the remaining terms and provisions of this Agreement shall remain unmodified
and in full force and effect or limitation of its use.
D. Contractor shall comply with all applicable laws, rules and regulations in the
performance of this Agreement, including but not limited to Iicensure, and certifications required
by law for professional service Contractors.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto. Except as otherwise set forth in Section
2 above, the City Manager shall have the sole authority to extend, amend, or modify this
Agreement on behalf of the City.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns.
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20. INDEPENDENT CONTRACTORS:
Contractor has been procured and is being engaged to provide Services to the City as an
Independent Contractor, and not as an agent or employee of the City. Accordingly, neither
Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services
under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service
or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified
employees. Contractor further understands that Florida Workers' Compensation benefits
available to employees of the City are not available to Contractor, its employees, or any
subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to
provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance
for any employee or agent of Contractor rendering Services to the City under this Agreement.
Contractor further understands and agrees that Contractor's or subcontractors' use or entry upon
City properties shall not in any way change its or their status as an Independent Contractor.
21. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in
applicable laws or regulations, or program requirements or continuation, upon thirty (30) days
written notice. -11
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22. FORCE MAJEURE: -
A "Force Majeure Event" shall mean an act of God, act of governmental bod? Tmilitary
authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural d+ asf is,
epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, b kade'Por
embargo. In the event that either party is delayed in the performance of any act or obligattpn
pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for
required completion of such act or obligation shall be extended by the number of days equal
to the total number of days, if any, that such party is actually delayed by such Force Majeure
Event. The party seeking delay in performance shall give notice to the other party specifying
the anticipated duration of the delay, and if such delay shall extend beyond the duration
specified in such notice, additional notice shall be repeated no less than monthly so long as
such delay due to a Force Majeure Event continues. Any party seeking delay in performance
due to a Force Majeure Event shall use its best efforts to rectify any condition causing such
delay and shall cooperate with the other party to overcome any delay that has resulted.
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23. CITY NOT LIABLE FOR DELAYS:
Contractor hereby understands and agrees that in no event shall the City be liable for,
or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or
on account of, any stoppages or delay(s) in work herein provided for, or any damages
whatsoever related thereto, because of any injunction or other legal or equitable proceedings
or on account of any delay(s) for any cause over which the City has no control.
24. USE OF NAME/ SEAL:
Contractor understands and agrees that the City is not engaged in research for
advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited
scope of normal and customary marketing and promotion of its work, to use the general results
of this project and the name of the City. The Contractor may not utilize the City's official seal or
any likeness thereof. The Contractor agrees to protect any confidential information provided by
the City and will not release information of a specific nature without prior written consent of the
City Manager or the City Commission.
25. NO CONFLICT OF INTEREST:
Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding
conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor,
no employee, and no subcontractor under this Agreement nor any immediate family member of
any of the same is also a member of any board, commission, or agency of the City. Contractor
hereby represents and warrants to the City that throughout the term of this Agreement, Contractor,
its employees, and its subcontractors will abide by this prohibition of the City Code.
26. NO THIRD -PARTY BENEFICIARY:
No persons other than the Contractor and the City (and their successors ar asns)
shall have any rights whatsoever under this Agreement. There are no express or irri riled 3.iird-'
Party Beneficiaries to this Agreement.
27. SURVIVAL:
— ._ ..
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3 -<
All obligations (including but not limited to indemnity and obligations to defend andhold
harmless) and rights of any party arising during or attributable to the period prior to expiration or
earlier termination of this Agreement shall survive such expiration or earlier termination.
28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY:
13
a
Contractor hereby certifies, represents, and warrants to the City that on the date of
Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force
and effect, the wage rates and other factual unit costs supporting the compensation to Contractor
under this Agreement are and will continue to be accurate, complete, and current. Contractor
understands, agrees, and acknowledges that the City shall adjust the amount of the compensation
and any additions thereto to exclude any significant sums by which the City determines the
contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-
current wage rates and other factual unit costs. All such contract adjustments shall be made within
one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant
tog3e provisions hereof.
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2 UNTERPARTS:
;psis Agreement may be executed in three (3) or more counterparts, each of which shall
cpnstitut an original, but all of which, when taken together, shall constitute one and the same
agreement.
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30. . "E-VERIFY EMPLOYMENT VERIFICATION:
By entering into this Agreement, the Contractor and its subcontractors are jointly and severally
obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled
"Employment Eligibility." The Contractor affirms that (a) it has registered and uses the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all
new employees of the Contractor; (b) it has required all subcontractors to this Agreement to
register and use the E-Verify system to verify the work authorization status of all new employees
of the subconsultant; (c) it has an affidavit from all subcontractors to this Agreement attesting that
the subconsultant does not employ, contract with, or subcontract with, unauthorized aliens; and
(d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration
information is available at: http://www.uscis.qov/e-verifv. If Customer has a good faith belief that
Contractor has knowingly violated Section 448.09(1), Florida Statutes, then Customer shall
terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event
of such termination, the Contractor agrees and acknowledges that it may not be awarded a public
contract for at least one (1) year from the date of such termination and that Contractor shall be
liable for any additional costs incurred by the Customer because of such termination. In addition,
if Customer has a good faith belief that a subcontractor has knowingly violated any provisions of
Sections 448.09(1) or 448.095, Florida Statutes, but Contractor has otherwise complied with its
requirements under those statutes, then Contractor agrees that it shall terminate its contract with
the subcontractor upon receipt of notice from the Customer of such violation by subcontractor in
14
accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this
provision must be filed in the Circuit or County Court by the Customer, Contractor, or
subcontractor no later than twenty (20) calendar days after the date of Agreement termination.
31. ANTI -HUMAN TRAFFICKING:
The Contractor confirms and certifies that it is not in violation of Section 787.06, Florida
Statutes, and that it does not and shall not use "coercion" for labor or services as defined in
Section 787.06, Florida Statutes. The Contractor shall execute and submit to the City an Affidavit,
of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an
incorporated herein as "Anti -Human Trafficking Affidavit". If the Contractor fails to comply with the
terms of this Section, the City may suspend or terminate this Agreement immediately, without
prior notice, and in no event shall the City be liable to Contractor for any additional compensation
or for any consequential or incidental damages.
32. ENTIRE AGREEMENT:
This instrument and its exhibits constitute the sole and only agreement of the parties
relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized, this the day and year above written.
ATTEST: "Contractor"
By:
Print Name: Print Name:
Title: Title:
(Corporate Seal) (Authorized Corporate Officer)
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Todd B. Hannon, City Clerk Arthur Noriega V, City Manager
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
Geroge K. Wysong III Ann -Marie Sharpe
City Attorney Risk Management Director
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CORPORATE RESOLUTION
(This Resolution needs to authorize the signatory to sign)
WHEREAS, Greater Miami Service Corps, a Florida not for profit corporation, desires to
enter into an agreement with the City of Miami for the purpose of performing the work described
in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this
corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other document and perform any acts in connection therewith as
may be required to accomplish its purpose.
IN WITNESS WHEREOF, this day of , 2025.
("Contractor")
A (State) Corporation
By: (Sign)
Print Name:
Title:
(Sign - Attest)
Print Name:
17
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81
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EXHIBIT B
PRICING & PROPOSAL
Item #
Description
Qty
UOM
Price
Annual Total
1
MLK Blvd - Litter Pick Up Only (WEEKLY SERVICE) - NW 62nd
Street from NW 5th Place to NW 17th Ave
1
Weekly
$ 1,260.90
$ 65,566.80
2
Butterfly Gardens - Landscaping (BIWEEKLY): East 1-95 and
West of NW 5th Ave
1
Biweekly
$ 3,404.70
Ir
$ 88,522.20
3
Butterfly Gardens - Litter Pick Up (WEEKLY): East 1-95 and
West of NW 5th Ave
1
Weekly
$ 1,260.90
$ 65,566.80
4
Provisionary Services (As needed basis only)
1
Annually
$ 28,323.61
$ 28,323.61
Butterfly Gardens - debris removal, purchase and installation of
mulch, tree and palm pruning, removal of dead tree/palm, etc.
• 5
Pressure Cleaning - All Linear Parks on NW 62nd Street (AS
NEEDED)
1
Semi-
Annual
$11,640.00
$ 23,280.00
'PLEASE THOROUGHLY READ THE SCOPE OF WORK PROVIDED TO PROVIDE PRICING. ANNUAL TOTAL
$271,259.41
I Contract Life
$ 813,778.23
19
EXHIBIT C
INSURANCE REQUIREMENTS
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
are subject to review and verification by Risk Management prior to insurance approval.
20
7,1
s`fl
January 15, 2025
Tahlia R. Gray, MBA
Procurement Analyst
City of Miami
Procurement Department
444 SW 2 Ave, 6th FL
Miami, FL 33130
Re: Martin Luther King Jr. Youth Service Project (Landscape and Maintenance) Scope of Services
Dear Ms. Gray:
Thank you for the opportunity for allowing Greater Miami Service Corps (GMSC) to provide services
Landscape and Maintenance Services related to Martin Luther King Jr. Boulevard and the East and West
Butterfly Garden. Greater Miami Service Corps has been privileged to provide these services since 2015,
allowing young people to become stakeholders in the beautification of their community while building personal,
education, and career development skills.
The mission of the Greater Miami Service Corps is to empower young people with the tools needed to
transforrn their lives through education and service activities that strengthen our community and local
workforce. GMSC services enhance the employability of young adults between the ages of 18-24, through work
assignments that provide tangible community improvements, supervision that reinforces productive habits, and
education structured to strengthen useful skills. Young people can "earn while they learn" through our
employability skills' training and education services that build transferable skills. Services provided include:
• Year -Round Paid Work Experience
• High School Completion Services
• General Education Diploma Preparation
• Leadership Development
• Industry Training
• Team Building
• Mentoring / Counseling
• Life and Financial Skills Training
• Post -Secondary Support
• Education Scholarships
• Job Placement Assistance
In addition to work experience, participants will be engaged in industry training, earn up to $7,30t) in education
scholarships, receive monthly transportation support, internships, case management, and mental health
counseling or referrals. Greater Miami Service Corps is able to provide a 1:1 ratio of leveraged resources with
funding provided through the Martin Luther King Jr. Project.
Should you have any questions, feel free to call me or Deborah Dorsett at 305-638-4672 extension 237.
Sincerel
Lonnie Lawrence
Board Chairman
Attachment: Beautification Service Description and Pricing
Young People...Serving Them Community
810 Northwest 28di Street • Miami, Florida 33127 • Office: (305) 638-4672 *Fax: (305) 633-5319
15355 Harding Lane • Leisure City, Florida 33030 • Office: (305) 242-7935 Tax: (305) 242-7967
www.gmscmiami.org
Greater Miami Service Corps
MLK Blvd/Butterfly Gardens
Beautification Services
Item #
Description
Qty
UOM
Price
Annual Total
1
MLK Blvd - Litter Pick Up Only (WEEKLY SERVICE) - NW 62nd
Street from NW 5th Place to NW 17th Ave
1
Weekly
$ 1,260.90
$ 65,566.80
2 '
Butterfly Gardens - Landscaping (BIWEEKLY): East 1-95 and
West of NW 5th Ave
1
Biweekly
$ 3,404.70
$ 88,522.20
3
Butterfly Gardens - Litter Pick Up (WEEKLY): East 1-95 and
West of NW 5th Ave
1
Weekly
$ 1,260.90
$ 65,566.80
4
Provisionary Services (As needed basis only)
1
Annually
$ 28,323.61
$ 28,323.61
Butterfly Gardens - debris removal, purchase and installation of
mulch, tree and palm pruning, removal of dead tree/palm, etc.
5
Pressure Cleaning - All Linear Parks on NW 62nd Street (AS
NEEDED)
1
Semi-
Annual
$ 11,640.00
$ 23,280.00
*PLEASE THOROUGHLY RFAD THE SCOPE OF WORK PROVIDED TO PROVIDE PRICING. ANNUAL TOTAL
$271,259.41
1 Contract Life
$ 813,778.23