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HomeMy WebLinkAboutBack-Up DocumentsAGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION This Agreement. (the "Agreement") entered this clay of , 20 , (the "Effective Date") by and between the CITY OF IVIIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY" or "GRANTOR"), and MIAMI RIVER FUND, INC., a Florida not -for -profit 501(c)(3) corporation, acting as the financial agency for the Miami River Commission (hereinafter referred to as "GRANTEE"). REC ITALS WHEREAS, the CITY and GRANTEE each have an interest in the health and cleanliness of the Miami River; and WHEREAS, the GRANTEE was established by Section 163.06, Florida Statutes, as the official clearinghouse for all public policy and projects related to the Miami River and is funded by the Florida Department of State, Florida Department of Transportation, Miami -Dade County, City of Miami, and private sector donations: and WHEREAS, Section 18-112 of the Code of the City of Miami, as amended (the "Code") authorizes the CITY to enter into an agreement with other governmental agencies or state funded institutions for the purchase or acquisition of goods or services without competitive bidding procedures, provided that the purchase of said goods or services in excess of $25,000,00 is approved by the City Manager, and purchases of goods or services in excess of $50,000.00 is subject to approval by the City Commission; and Page I of 23 WHEREAS, on September 13, 2022, the City Commission adopted Resolution No. R-22- 0344, attached and incorporated as Attachment "D", authorizing the City Manager to execute an agreement under the terms and conditions set for below with the GRANTEE to provide litter and debris picicup services to beautify the banks of the Miami River at specified City parks for a two (2) fiscal year term, with one option to renew for an additional one (1) fiscal year period, commencing on the Effective Date and ending on. September 30, 2024, in an annual amount not to exceed $150,000,00, for a total contract amount not to exceed $450,000,00; NOW, THEREFORE, the CITY and GRANTEE do mutually agree as follows: 1. INCORPORA.TION OF RECITALS The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2, TERM The term of this Agreement shall cover two (2) fiscal years (FY 2022-2023 and FY 2023-2024), with one option to renew for an additional one (1) fiscal year period, commencing on the Effective Date and ending on September 30, 2024, unless terminated sooner as provided herein below. 3. CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of Parks and Recreation (hereinafter "DEPARTMENT") will act on behalf of the CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, subject to approval of the City Manager and the City Attorney, except as otherwise provided by this Agreement. Page 2 of 23 4. GRANTEE AGREES (a) GRANTEE shall use the annual grant of $150,000 received from CITY to offset operational costs incurred during the term of this Agreement for the purpose of providing Utter and debris pickup services to beautify the banks of the Miami River at certain City parks as specified in Attachment "A", attached hereto and hereby incorporated by reference. (b) Except as otherwise stated in this Agreement, the funds appropriated herein will be expended for GRANTEE staff, clerical, travel, supplies and contingencies. (c) GRANTEE shall submit to DEPARTMENT an quarterly written report on January 1, April 1, July 1, and October 1 for each fiscal year during the term, of this Agreement, and shall provide minutes of all public meetings which demonstrate use of funds as well as the performance of the organization in attaining its stated objectives for which funding support was requested. (d) GRANTEE shall submit to DEPARTMENT an independent audit by a Certified Public Accountant, which must include the expression of an opinion on the financial statements and accounts of funds for fiscal year 2021-2022, 2022-2023, and, if exercised, 2023-2024 as more particularly described in Section 11(c) below, 5. GRANT (a) The CITY shall pay the GRANTEE, as maximum compensation for the services outlined in Attachment "A" hereof, $150,000 for each fiscal year Page 3 of 23 identified in Paragraph 1 hereof, except for the first fiscal year 2021-2023, which 6ha11 be prorated based on the Effective Date, for a total not to exceed $450,000 throughout the term of this Agreement. (b) Said funds shall be paid quarterly nn a reimbursement basis for expenditures incurred during the Agreement period. All expenditures must be verified by copies of the cheeks used to pay each specific invoice. In case that an invoice must be submitted to several funding sources, the invoice shall indicate that exact amount paid by other funding sources equaling the total of the invoice. (c) CITY and GRANTEE agree that the funds granted herein may not be used to reimburse expenses incurred prior to the Effective Date under this Agreement, (d) CITY shall have the right to review and audit the time records and related records of GRANTEE pertaining to any payments by CITY. 6. TERMINATION OF AGREEMENT City retains the right to terminate this Agreement for cause at any time prior to expiration of the term without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to GRANTEE who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. In no case, however, shall CITY pay GRANTEE an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and GRANTEE that any payments made in accordance with this Section to GRANTEE shall be Page 4 of 23 made only if said GRANTEE is not in default under the terms of this Agreement. If GRANTEE is in default, then CITY shall in no way be obligated and shall not pay to GRANTEE any sum whatsoever. 7. GENERAL CONDITIONS (a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed fromtime to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. GRANTEE CITY OF MIAMI Miami River Funds, Inc, Director of Parks and c/o Brett Bibeau Recreation 1407 NW 711-1 Street, Suite D 444 SW 2 Avenue, Ss' Floor Miami, FL 33125 Miami, FL 33130 CITY OF MIAMI ' City Manager, 9th Floor 444 SW 2 Avenue Miami, FL 33130 CITY OF MIAMI Office of the City Attorney 444 SW 2 Avenue, 10tt' Floor Miami, FL 33130 (b) Titles and paragraph headings are for convenience reference and are not a part of this Agreement. Page 5 of 23 (c) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. (d) Should any provisions, paragraphs, sentences, words or phrases 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 provisions, paragraphs, sentences, words or phrases shall be deemedmodified to the extent necessary in order to conform with such laws, or, if not modifiable to conform. with such Jaws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall retrain unmodified and in full force and effect. 8. AWARD OF AGREEMENT GRANTEE warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 9. NON-DELEGABILITY The obligations undertaken by GRANTEE pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the CITY'S prior written consent. Page 6 of 23 1Q. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceeding 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 the right to a jury trial. 11. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 12, MONITORING, INSPECTION AND AUDIT RIGHTS (a) CITY reserves the right to monitor, inspect and audit the records of GRANTEE at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. (b) CITY shall audit all GRANTEES receiving more than $15,000, (c) All GRANTEES receiving cash of $25,000 or more agree to submit to the DEPARTMENT an independent audit, by a Certified Public Accountant, Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the CITY' s funds. Said audit shall be submitted to DEPARTMENT no later than ninety (90) days after the Page 7 of 23 termination of this Agreement or final receipt of CITY funds, whichever is applicable, 13, INDEMNIFICATION GRANTEE shall indemnify, defend, and hold CITY and its elected officials, officers, employees, representatives and agents (collectively the "Indenmitees") harmless from and against any and all claims, liabilities, losses, and causes of action that may arise out of GRANTEE's activities under this Agreement, including all acts or omissions to act on the part of the GRANTEE, including any person acting for or on their behalf, and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. GRANTEE's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination of this Agreement. GRANTEE understands and agrees that any and all liabilities regarding the use of any subcontractor for services related to this Agreement shall be born solely by GRANTEE throughout the duration of this Agreement and that this provision shall survive the termination of this Agreement. 14. CONFLICT OF INTEREST (a) GRANTEE covenants that no persons under its employ who presently exercise any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with the CITY. GRANTEE further covenants that, in the performance of this Agreement, Page 8 of 23 no person having such conflicting interest shall be employed. Any such interests on the part of GRANTEE, or its employees, must be disclosed in writing to the CITY. (b) GRANTEE is aware of the conflict of interest laws of the City of Miami Code of Ordinances, Chapter 2, Article V; the Miami -Dade County Code of Ordinances, Section 2-11.1 and the laws of the State of Florida, and agrees that it will frilly comply in all respects with the terms of said laws. 15. INDEPENDENT CONTRACTOR GRANTEE and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further GRANTEE, its employees and agents, shall not be deemed entitled to Florida Workers' compensation benefits as employees of the CITY. 16. DEFAULT PROVISION In the event that GRANTEE shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole discretion, upon written notice to GRANTEE, may cancel and terminate this Agreement, and all payments, advances or other funds paid to GRANTEE by the CITY while GRANTEE was in default of the provisions herein contained shall be forthwith returned to the CITY. 17, NON-DISCRIMINATION Page 9 of 23 GRANTEE agrees that it shall not discriminate as to race, sex, color, religion, age, xnarital status, national origin, disability or sexual orientation in connection with its performance under this Agreement. GRANTEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, sex color, religion, age, marital status, national origin, disability, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement, 18. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver is .in writing signed by the CITY. The failure of CITY to insist upon the strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the sane shall continue and remain in full force and effect 19. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for programs activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 20, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS All parties to this Agreement shall comply with all applicable laws, ordinances and codes of federal, state and local government. GRANTEE further agrees to include in all of GRANTEE's agreements with subcontractors for any services related to Page 10 of 23 this Agreement this provision requiring subcontractors to comply with an observe all applicable federal, state, and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 21. BONDING AND INSURANCE (a) During the term of this Agreement, GRANTEE shall maintain insurance coverages in amounts as determined by the CITY and as set forth in Attachment "C" hereto and made a part hereof. (b) GRANTEE shall provide protection to the CITY to the extent of the indemnification, pursuant to Section 12 hereof. (c) GRANTEE shall correct any insurance certificates as requested by the City's Risk Management Director. 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 furnished to the City's Risk Management Director that it will not be canceled, modified, or changed during the performance of the services under this Agreement without thirty (30) calendar days prior written notice to the City's Risk Management Director. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that GRANTEE shall at any time upon request file duplicate copies of the policies of such insurance with the City. (d) GRANTEE understands and agrees that any and all liabilities regarding the use of any of GRANTEE's employees or any of GRANTEE's Page 11 of 23 subcontractors for services related to this Agreement shall be borne solely by GRANTEE throughout the term of this Agreement and that this provision shall survive the termination of this agreement. GRANTEE further understands and agrees that insurance for each employee of GRANTEE and each subcontractor providing services related to this Agreement shall be maintained in good standing and approved by the City's Risk Management Director for the duration of this Agreement. GRAN I EE 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 extension hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, GRANTEE shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Director at a rninirnum of ten (10) calendar days in advance of such expiration. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the city's Risk Management Director; or Page 12 of 23 (ii) the City may, at its sole discretion, terminate the Agreement for cause and sick re -procurement damages from GRANTEE in conjunction with the violation of the terms and conditions of this Agreement. (f) Compliance with the foregoing requirements shall not relieve GRANTEE of its liabilities and obligations under this Agreement. 22. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to the matters set forth herein and correctly set forth the rights, duties and obligations 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. 23, ASSURANCES AND CERTIFICATIONS GRANTEE assures and certifies that: (a) All expenditures of funds shall be made in accordance with the proposal, Attachment "A" approved by the City Commission and incorporated herein by this reference. The CITY shall not reimburse the GRANTEE for state sales tax. (b) CITY funds shall not be co -mingled with any other funds, and separate bank accounts and accounting records shall be maintained. (c) Expenditures of CITY funds shall be properly documented and such documentation shall be maintained for at least three (3) years after the termination of this Agreement. Page 13 of 23 (d) Periodic progress reports as reasonably requested by the CITY shall be provided. (e) GRANTEE shall be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. (f) No activity under this Agreement shall involve political activities. GRANTEE possesses legal authority to enter into this Agreement; a Resolution, Motion, or similar action, Attachment "B" hereto incorporated herein by this reference, has been duly adopted or passed as an official act of GRANTEE's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of GRANTEE to act in connection with GRANTEE and to provide such additional information as may be required. 24. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 25, COUNTERPARTS/ELECTRONIC SIGNATURES This Agreement iiiay be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement, The parties shall be entitled to sign and transmit an electronic Page 14 of 23 signature of this Agreeinent (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein, Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. [SIGNATURE PAGE FOLLOWS] Page 15 of 23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, the day and year first above written. ATTEST: (1-\reW Witne Witne GRANTEE: BY: President Miami River Fund, tic. STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this 30day of --5'6,001961q , 20 fa,, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Ma" ellbOr //4 1 , as President of MIAMI RIVER FUND, INC., a Florida Corporation. HelShe is personally known to me or has produced IQ see as identification. voinimilusw fa 0‘,$,t,1 RO0 " My Comm. ExPN'ea S ty 9i26 2025 c M °- Comm. No, 41154859 \ AU BOG OF"form„4? ATTEST: -Todd B. Hanndi City Clerk APPROVED AS TO FORM D C i RRECTNESS: ictar a Mendez City Attorney IMF MJD 21-2909 NOTARY PUBLIC STATE OF FLORIDA Print Name: Birk: 9 ' 494vircittd Pr Commission No.: ffe52'57 Commission Expires: ci/2_06,s CITY OF MIAM', a municipal corporation of the State o.I'P ri BY: ' /�- Arthur Noriega, ity Manager PPPROVED AS Si ita h 'd I= U NIENT5omez, Frank Frank Date: 2022.10.06 11:07:46 -04'00' Ann-Maric Sharpe, Director Risk Management Page 16 of 23 ATTACHMENT c°A" SCOPE OF SERVICES 1. At a minimum, NIRC will perform all services specified below, consisting of furnishing all labor, machinery, tools, means of transportation and debris disposal, supplies, equipment, materials, water, diesel fuel, and services necessary to perform the complete maintenance of the public rights of ways listed below. All services are to be performed at the shorelines of the following locations: a, Grove Circle Mini Park, 1543 NW South River Drive, Miami, FL33125 i; Weekly Litter Pickup and removal along shoreline and surrounding areas b. Fort Dallas Park, 64 SE 4th Street, Miami, FL 33131 i. Weekly Litter Pickup and removal along shoreline and surrounding areas ii. Empty garbage cans Blowing of walkways iv. Annual pressure washing Riverwalk c. Sewell Park, 1801 NW South. River Drive, Miami, FL 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing d. Fern Isle Park, 2201 NW 1.1t1 Street, Miami, FL 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dunapster e; PBA Park, 2304 NW 14ti1 Street, Miami, FL 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster f. Curtis Park 1901 NW 24th Ave, Miami, FL 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster Weeding as needed along shoreline and surrounding areas iii. Annual pressure washing g. Lurnrnus Landing, 250 NW North River Drive, Miami, FL 33138 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing Page 17 of 23 h. Spring Garden Point Park 601 NW 7th Street Road, Miami, FL 33136 i. Weekly Litter Pickup along shoreline and surrounding areas and removal ii. Annual pressure washing In addition, on service days MRC will coordinate with City of Miami Homeless Assistance Department and City of Miami Police Department as needed. 1 All workers will be paid "Living Wage" rate of $ 15 per hour, 3. Compensation for all services described above shall not exceed $150,000 per year. Page 18 of 23 ATTACHMENT "B" CORPORATE RESOLUTION WHEREAS, MIAMI RIVER FUND, INC., (the financing agency of the Miami River Commission) desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, be it resolved by the board of directors that the president. /r [; tU1r 4yt1 aAl is hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed agreement to which this resolution is attached. DATED this 3 � day of _Cy , 20 ZZ. 41izeta Corporate Secretary ; // ihairperfjn of theard o t} rectors (Affix Corporate Seal) fiis Page 19 of 23 ATTACIIMENT "C" INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - GRANT AGREEMENT MIAMI RIVER COMMISSION GRANTEE 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 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $50,000.00 B. Endorsements Required City of Miami listed as an additional insured Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability (If Applicable) A. Limits of Liability Bodily Injury and Property Dainage Liability Combined Single Limit Any Auto, Owned, or Scheduled Autos Including Hired, Borrowed or Non -awned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Page 20 of 23 III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,0.00,000 for bodily injury caused by anaccident, each accident. S1,000,000 for bodily injury caused by disease, each employee $1.,000,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice cif cancellation in accordance With policy provisions. Companies authorized to do business in th•e 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 for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request copies of ail insurance policies associated with this agreement, including any, and all applicable policy endorsements. Page 21 of 23 ATTACHMENT "D" City of Miami Legislation Resolution Enactment Number: R-22-0344 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12113 Final Action Date:9I1312022 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI RIVER FUND, INC., A FLORIDA NOT -FOR -PROFIT 501(C)(3) ORGANIZATION, AS THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO PROVIDE LITTER AND DEBRIS PICKUP AND OTHER SERVICES TO BEAUTIFY THE BANKS OF THE MIAMI RIVER AT RIVERSIDE PARKS FOR A TWO (2) YEAR TERM, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD, COMMENCING ON OCTOBER 1, 2022, AND ENDING ON SEPTEMBER 30, 2024, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000.00, FOR A TOTAL AMOUNT NOT TO EXCEED $450,000.00, SUBJECT TO BUDGET APPROPRIATIONS AND AVAILABILITY OF FUNDS AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY OF MIAMI'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN WITH THE TRANSFERS IN AND/OR OUT, AS NECESSARY AND APPLICABLE, FOR THE PURPOSE SET FORTH IN THIS RESOLUTION; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") and the Miami River Commission ("MRC") have an interest in the health and cleanliness of the Miami River; and WHEREAS, the MRC was established by Section 163.06, Florida Statutes, as the official clearinghouse for all public policy and projects related to the Miami River and is funded by the Florida Department of State, Florida Department of Transportation, Miami -Dade County, the City, and private sector donations; and WHEREAS, the City desires to supplement the MRC's funding to pickup debris and litter from the banks of the Miami River in exchange for additional visits to City parks adjacent to the Miami River and other services such as annual pressure cleaning to beautify riverside areas; and WHEREAS, Section 18-112 of the Code of the City of Miami, Florida, as amended ("City Code"), authorizes the City to enter into an agreement with state funded institutions for the purchase or acquisition of goods or services without competitive bidding procedures subject to City Commission approval for purchases over $50,000.00; 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. Page 22 of 23 ATTACHMENT "D" Section 2. The City Manager is hereby authorized' to negotiate and execute an Agreement, in a form acceptable to the City Attorney, with the Miami River Fund, Inc., the financial agency for the MRC, to provide litter and debris pickup and other services to beautify the banks of the Miami River at riverside parks for a two (2) year term commencing on October 1, 2022, and ending on September 30, 2024, in an annual amount not to exceed $150,000.00, for a total amount not to exceed $450,000.00, subject to budgetary appropriations and availability of funds at the time of need. Section 3. The City Manager is authorized' to make any changes to adjust, amend, and appropriate the City's Operating Budget, Five -Year Financial Plan, Strategic Plan, and Multi - Year Capital Plan with the transfers in and/or out, as necessary and applicable, of legally available funds and to designate projects, services, components, values, amounts and uses, as necessary and applicable, for the purpose set forth in this Resolution. Section 4. Certain necessary actions by the City Manager and the designated City departments to update the relevant financial controls and undertake project close-outs, accounting entries, and computer systems in connection herewith, all in accordance with Chapter 18 of the City Code regarding Financial Principles, the Anti -Deficiency Act, and the Financial Integrity Principles, are hereby ratified, approved, and confirmed.' Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of the ten (10) calendar dates 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. Page 23 of 23 AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION This Agreement (the "Agreement") entered this day of , 2025, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY" or "GRANTOR"), and MIAMI RIVER FUND, INC., a Florida not -for -profit 501(c)3 corporation, acting as the financial agency for the Miami River Commission (hereinafter referred to as "GRANTEE"). RECITALS WHEREAS, the CITY and GRANTEE each have an interest in the health and cleanliness of the Miami River; and WHEREAS, the GRANTEE was established by Section 163.06, Florida Statutes, as the official clearinghouse for all public policy and projects related to the Miami River and is funded by the Florida Depai anent of State, Florida Department of Transportation, Miami -Dade County, City of Miami, and private sector donations: and WHEREAS, Section 18-112 of the Code of the City of Miami, as amended (the "Code") authorizes the CITY to enter into an agreement with other governmental agencies or state funded institutions for the purchase or acquisition of goods or services without competitive bidding procedures, provided that the purchase of said goods or services in excess of $25,000.00 is approved by the City Manager, and purchases of goods or services in excess of $50,000.00 is subject to approval by the City Commission; and WHEREAS, on , 2025, the City Commission adopted Resolution No. , ("Resolution") incorporated by reference as if set forth in full herein, authorizing the City Manager to execute this Agreement for the GRANTEE to provide the services outlined in Attachment "A" (hereinafter the "Services") pursuant to the details specified below; NOW, THEREFORE, the CITY and GRANTEE do mutually agree as follows: 1. INCORPORATION OF RECITALS The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM This Agreement shall be for a term of two (2) years, commencing on October 1, 2025 (the "Effective Date") and ending on September 30, 2027, provided the Parties shall have the option to renew this agreement for one (1) additional year, and upon mutual agreement thereof, this Agreement shall end on September 30, 2028, unless terminated sooner (as may be extended, the "Term"). Page 1 of 17 3. CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of Parks and Recreation (hereinafter "DEPARTMENT") will act on behalf of the CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, subject to approval of the City Manager and the City Attorney, except as otherwise provided by this Agreement. 4. GRANT BY CITY (a) The CITY shall pay the GRANTEE a maximum compensation for the Services in an amount not to exceed Three Hundred Three Thousand, Three Hundred Forty -Three dollars ($303,343) per year, subject to the availability and appropriation of budgetary funds as specified in Section 7 below. Accordingly, the amount payable under this Agreement for all Services provided throughout the Term shall in no event exceed Nine Hundred Ten Thousand, Twenty -Nine Dollars ($910,029) (the "Grant"). (b) Said funds shall be paid quarterly on a reimbursement basis for expenditures incurred during the Agreement period. All expenditures must be verified by copies of the checks used to pay each specific invoice. In case that an invoice must be submitted to several funding sources, the invoice shall indicate the exact amount paid by other funding sources equaling the total of the invoice. (c) CITY and GRANTEE agree that the Grant may not be used to reimburse expenses incurred prior to the Effective Date under this Agreement. (d) CITY shall have the right to review and audit the time records and related records of GRANTEE pertaining to any payments by CITY. 5. GRANTEE SERVICES (a) GRANTEE shall use the Grant to offset operational costs incurred during the term of this Agreement for the purpose of providing the Services to beautify the banks of the Miami River at certain City parks as specified in Attachment "A", attached hereto and hereby incorporated by reference. (b) Except as otherwise stated in this Agreement, the Grant will be expended inclusive of GRANTEE staff, clerical, travel, supplies and contingencies. (c) GRANTEE shall submit to DEPARTMENT a quarterly written report on January 1, April 1, July 1, and October 1 for each fiscal year during the term of this Agreement and shall provide minutes of all public meetings which Page 2 of 17 demonstrate use of funds as well as the performance of the organization in attaining its stated objectives for which funding support was requested. (d) GRANTEE shall submit to DEPARTMENT an independent audit by a Certified Public Accountant, which must include the expression of an opinion on the financial statements and accounts of funds for each fiscal year during the Term. 6. TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement for cause at any time prior to expiration of the Term without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to GRANTEE who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. CITY further retains the right to terminate this Agreement for convenience, at its sole discretion, and without penalty to CITY, by providing thirty (30) days' prior written notice to GRANTEE. In no event shall CITY pay GRANTEE any amount for expenses incurred after the effective date of termination nor shall CITY pay any amount in excess of the total sum authorized by this Agreement. It is hereby understood by and between CITY and GRANTEE that any payments made in accordance with this Section to GRANTEE shall be made only if said GRANTEE is not in default under the terms of this Agreement. If GRANTEE is in default, then CITY shall in no way be obligated and shall not pay to GRANTEE any sum whatsoever. 7. NON -APPROPRIATIONS Funding for this Agreement is contingent on the availability of funds and continued authorization for Services. Accordingly, this Agreement is subject to amendment or termination by the CITY due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days' prior written notice to GRANTEE. 8. GENERAL CONDITIONS (a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. GRANTEE Miami River Funds, Inc. c/o Brett Bibeau 1407 NW 7111 Street, Suite D CITY OF MIAMI Director of Parks and Recreation 444 SW 2 Avenue, 8th Floor Page 3 of 17 Miami, FL 33125 Miami, FL 33130 With a copy to: City Manager, 9th Floor 444 SW 2 Avenue Miami, FL 33130 Office of the City Attorney 444 SW 2 Avenue, 10th Floor Miami, FL 33130 (b) Titles and paragraph headings are for convenience reference and are not a part of this Agreement. (c) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. (d) Should any provisions, paragraphs, sentences, words or phrases 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 provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or, if not modifiable to conform with such laws, then 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. 9. AWARD OF AGREEMENT GRANTEE warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 10. NON-DELEGABILITY The obligations undertaken by GRANTEE pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the CITY's prior written consent. 11. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceeding between the parties shall be in Miami -Dade Page 4 of 17 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 the right to a jury trial. 12. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 13. MONITORING, INSPECTION AND AUDIT RIGHTS (a) CITY reserves the right to monitor, inspect and audit the records of GRANTEE at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. (b) GRANTEE agrees to submit to the DEPARTMENT an independent audit, by a Certified Public Accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the CITY's funds. Said audit shall be submitted to DEPARTMENT no later than ninety (90) days after the termination of this Agreement or final receipt of CITY funds, whichever is applicable. 14. INDEMNIFICATION GRANTEE shall indemnify, defend, and hold CITY and its elected officials, officers, employees, representatives and agents (collectively the "Indemnitees") harmless from and against any and all claims, liabilities, losses, and causes of action that may arise out of GRANTEE's activities under this Agreement, including all acts or omissions to act on the part of the GRANTEE, including any person acting for or on their behalf, and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney' s fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. GRANTEE's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination of this Agreement. GRANTEE understands and agrees that any and all liabilities regarding the use of any subcontractor for services related to this Agreement shall be born solely by GRANTEE throughout the duration of this Agreement and that this provision shall survive the termination of this Agreement. 15. CONFLICT OF INTEREST (a) GRANTEE covenants that no persons under its employ who presently exercise any functions or responsibilities in connection with this Agreement Page 5of17 has any personal financial interests, direct or indirect, with the CITY. GRANTEE further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of GRANTEE, or its employees, must be disclosed in writing to the CITY. (b) GRANTEE is aware of the conflict -of -interest laws of the City of Miami Code of Ordinances, Chapter 2, Article V; the Miami -Dade County Code of Ordinances, Section 2-11.1 and the laws of the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. 16. INDEPENDENT CONTRACTOR GRANTEE and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further GRANTEE, its employees and agents, shall not be deemed entitled to Florida Workers' compensation benefits as employees of the CITY. 17. DEFAULT PROVISION In the event that GRANTEE shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole discretion, upon written notice to GRANTEE, may cancel and terminate this Agreement, and all payments, advances or other funds paid to GRANTEE by the CITY while GRANTEE was in default of the provisions herein contained shall be forthwith returned to the CITY. 18. NON-DISCRIMINATION GRANTEE agrees that it shall not discriminate as to race, sex, color, religion, age, marital status, national origin, disability or sexual orientation in connection with its performance under this Agreement. GRANTEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, sex color, religion, age, marital status, national origin, disability, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 19. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing signed by the CITY. The failure of CITY to insist upon the strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. Page 6 of 17 20. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for programs activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS All parties to this Agreement shall comply with all applicable laws, ordinances and codes of federal, state and local government. GRANTEE further agrees to include in all of GRANTEE's agreements with subcontractors for any services related to this Agreement this provision requiring subcontractors to comply with an observe all applicable federal, state, and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 22. BONDING AND INSURANCE (a) During the term of this Agreement, GRANTEE shall maintain insurance coverages in amounts as determined by the CITY and as set forth in Attachment "C" hereto and made a part hereof. (b) GRANTEE shall correct any insurance certificates as requested by the City' s Risk Management Director. 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 furnished to the City's Risk Management Director that it will not be canceled, modified, or changed during the performance of the services under this Agreement without thirty (30) calendar days prior written notice to the City's Risk Management Director. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that GRANTEE shall at any time upon request file duplicate copies of the policies of such insurance with the City. (c) GRANTEE understands and agrees that any and all liabilities regarding the use of any of GRANTEE's employees or any of GRANTEE's subcontractors for services related to this Agreement shall be borne solely by GRANTEE throughout the term of this Agreement and that this provision shall survive the termination of this agreement. GRANTEE further understands and agrees that insurance for each employee of GRANTEE and each subcontractor providing services related to this Agreement shall be maintained in good standing and approved by the City's Risk Management Director for the duration of this Agreement. Page 7of17 (d) GRANTEE 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 extension hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, GRANTEE shall be responsible for submitting new or renewed insurance certificates to the City' s Risk Management Director at a minimum of ten (10) calendar days in advance of such expiration. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof. (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the city's Risk Management Director; or (ii) Without limitation of the CITY' s remedies under this Agreement, CITY may, at its sole discretion, terminate the Agreement for cause and obtain re -procurement damages from GRANTEE in conjunction with the violation of the terms and conditions of this Agreement. (e) Compliance with the foregoing insurance requirements shall not relieve GRANTEE of its liabilities and obligations under this Agreement. 23. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to the matters set forth herein and correctly set forth the rights, duties and obligations 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. 24. ASSURANCES AND CERTIFICATIONS GRANTEE assures and certifies that: (a) All expenditures of funds shall be made in accordance with SERVICES as set forth in Attachment "A" and approved by the City Commission. The CITY shall not reimburse the GRANTEE for state sales tax or other assessments. (b) CITY funds shall not be co -mingled with any other funds, and separate bank accounts and accounting records shall be maintained. (c) Expenditures of CITY funds shall be properly documented and such documentation shall be maintained for at least three (3) years after the termination of this Agreement. Page 8of17 (d) Periodic progress reports as reasonably requested by the CITY shall be provided. (e) GRANTEE shall be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. (f) No activity under this Agreement shall involve political activities. GRANTEE possesses legal authority to enter into this Agreement; the Resolution has been duly adopted or passed as an official act of GRANTEE' s governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of GRANTEE to act in connection with GRANTEE and to provide such additional information as may be required. 25. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 26. ANTI -HUMAN TRAFFICKING GRANTEE 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. GRANTEE shall execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes. If the GRANTEE 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 GRANTEE for any additional compensation or for any consequential or incidental damages. 27. COUNTERPARTS/ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. [SIGNATURE PAGE FOLLOWS] Page 9 of 17 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, the day and year first above written. ATTEST: GRANTEE: BY: Witness President Miami River Fund, Inc. Witness STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this day of , 20 , personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, , as President of MIAMI RIVER FUND, INC., a Florida Corporation. He/She is personally known to me or has produced as identification. ATTEST: Todd B. Hannon City Clerk NOTARY PUBLIC STATE OF FLORIDA Print Name: Commission No.: Commission Expires: CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega V, City Manager APPROVED AS TO FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: George K. Wysong, III David Ruiz, Interim Director City Attorney Risk Management Page 10 of 17 ATTACHMENT "A" SCOPE OF SERVICES At a minimum, GRANTEE will perform all services specified below, consisting of furnishing all labor, machinery, tools, means of transportation and debris disposal, supplies, equipment, materials, water, diesel fuel, and services necessary to perform the complete maintenance of the public rights of ways listed below. All services are to be performed at the shorelines of the following locations (an image of the various park locations may be found on the following page): a. Antonio Maceo Park, 5125 NW 7th Street, Miami, FL, 33126 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing of walkways, gazebos and benches b. Grove Circle Mini Park, 1543 NW South River Drive, Miami, FL, 33125 i. Weekly Litter Pickup and removal along shoreline and surrounding areas c. Fort Dallas Park, 64 SE 4th Street, Miami, FL, 33131 i. Weekly Litter Pickup and removal along shoreline and surrounding areas ii. Empty garbage cans iii. Blowing of walkways iv. Annual pressure washing Riverwalk d. Sewell Park, 1801 NW South River Drive, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways e. Fern Isle Park, 2201 NW l lth Street, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing of walkways, gazebos and southern half of pedestrian bridge f. Curtis Park, 1901 NW 24th Ave, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Weeding as needed along shoreline and surrounding areas iii. Annual pressure washing walkways Page 11 of 17 g. Jose Marti Park,351 SW 4111 St. Miami, FL, 33130 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing Riverwalk h. Lummus Landing, 250 NW North River Drive, Miami, FL, 33138 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways i. Miami River Rapids Park 2916 NW South River Dr. Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster J. Robert King High Park, 7025 W Flagler Street, Miami, FL, 33144 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways k. Ronald Regan Park, 2304 NW 14th Street, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways, gazebos, benches and northern half of pedestrian bridge 1. Simon Bolivar Park, 1SW South River Dr. Miami, FL 33128 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing walkways and bench m. Spring Garden Point Park, 601 NW 7th Street Road, Miami, FL 33136 i. Weekly Litter Pickup along shoreline and surrounding areas and removal ii. Annual pressure washing walkways In addition, on service days MRC will coordinate with City of Miami Homeless Assistance Department and City of Miami Police Department as needed. All workers will be paid "Living Wage" as defined under the City Code. Compensation for all services described above shall not exceed the amounts specified herein. Page 12 of 17 Miami River Fund Maintenance Areas 1 Fort Dallas Park- 64 SE 4th Street, Miami, FL 33131 2. Jose Marti Park- 351 SW 4th St. Miami, FL, 33130 3. Simon Bolivar Park- 1 SW South River Dr. Miami, FL, 33128 4. Lummus Landing- 250 NW North River Drive, Miami, FL 33138 5. Spring Garden Point Park- 601 NW 7th Street Road, Miami, FL, 33136 6. Grove Circle Mini Park- 1543 NW South River Drive, Miami, FL, 33125 7. Sewell Park- 1801 NW South River Drive, Miami, FL, 33125 8. Fern Isle Park- 2201 NW 11th Street, Miami, FL, 33125 9. Ronald Reagan Park- 2304 NW 14th Street, Miami, FL, 33125 10. Curtis Park- 1901 NW 24th Ave, Miami, FL, 33125 11. Miami River Rapids Mini Park- 2916 NW South River Dr., Miami, FL, 33125 12. Antonio Maceo Park- 5135 NW 7th Street, Miami, FL, 33126 CD 13. Robert King High Park- 7025 W Flagler Street, Miami, FL, 33144 w 0 �-n ATTACHMENT `B" INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - GRANT AGREEMENT NIIANII RIVER COMMISSION GRANTEE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury Damage to Rented Premises B. Endorsements Required City of Miami listed as an additional insured Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability (If Applicable) $1,000,000 $2,000,000 $1,000,000 $1,000,000 $50,000.00 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned, or 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 Page 14 of 17 Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation in accordance with 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. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. Page 15 of 17 CORPORATE RESOLUTION WHEREAS, MIAMI RIVER FUND, INC., (the financing agency of the Miami River Commission) desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, be it resolved by the Board of Directors that the President, is hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed agreement to which this resolution is attached. DATED this day of , 20 Corporate Secretary Chairperson of the Board of Directors (Affix Corporate Seal) Page 16 of 17 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Contactor: Signature: Name: Address: Email: Title: Phone No: Page 17 of 17