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HomeMy WebLinkAbout25690AGREEMENT INFORMATION AGREEMENT NUMBER 25690 NAME/TYPE OF AGREEMENT GREATER MIAMI SERVICE CORPS DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/BEAUTIFICATION SERVICES FOR MLK BOULEVARD & BUTTERFLY GARDENS/FILE ID: 17328/R-25-0202/MATTER ID: MATTER ID: 25-252 EFFECTIVE DATE July 28, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/28/2025 DATE RECEIVED FROM ISSUING DEPT. 7/29/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla/Tahlia Gray EXT. 1906/1912 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The Greater Miami Service Corps, Inc. IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): Professional Services Agreement with The Greater Miami Service Corps, Inc. COMMISSIO APPROVAL DATE: 6/16/2025 FILE ID: 17328 ENACTMENT NO.: 25-0202 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER July 2, 2025 I Annie Perez, CPPO 08:45:01 EDT =s,4=de. SIGNATURE: �---- =bb bb A ����� SUBMITTED TO RISK MANAGEMENT July 2, 2025 I David Ruiz 09 : 06 : 06 EDT _po s,9 etley SIGNATURE: twri C/rtuv-G,o SUBMITTED TO CITY ATTORNEY Matter 25-252 July 23, 2025 pl9(99:1030/m ng III SIGNATURE: C "111S°"� u! APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER July 24, 2025 Larry Spring, CPA I 10:15:46 EDT SIGNATURE: srn , APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER July 24, 2025 Natasha Colebrook -Williams I 18:28:15 EDT SIGNATURE: ti,e��,�,,akw;u;,,,,, Caaa�o b bAbAb d RECEIVED BY CITY MANAGER July 28, 2025 Aq13u62n ieRa V SIGNATURE: a Aioh SUBMITTED TO THE CITY CLERK July 28, 2025 I TP:4F15 EDn o — SIGNATURE: („, --Ln L PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Tahlia Gray Contact Person Procurement Analyst Title 7/2/2025 Date: Procurement Requesting Client (305) 416-1912 Telephone Legal Service Requested: Matter 25-252: Professional Services Agreement with The Greater Miami Service Corps, Inc. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 AGREEMENT/AMENDMENT OVERVIEW AGREEMENT TITLE: Martin Luther King Jr. Blvd/Butterfly Garden Beautification Services 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ ✓ City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000 ✓ BID WAIVER 3. TYPE OF AGREEMENT: ❑ PROFESSIONAL SERVICES AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ SOFTWARE AS A SERVICE AGREEMENT ❑ LEASE AGREEMENT ❑ OPERATOR AGREEMENT ❑ CONCESSION AGREEMENT ❑ OTHER (Please explain): 4. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC AND INCLUDE THE PAGE NUMBER(S) THAT SPECIFIES WHAT IS BEING AMENDED ON THE CONTRACT. N/A 5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 6. WHAT IS THE SCOPE OF SERVICES? Landscaping services of MLK embankments and Butterfly Gardens 7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Department of Resilience and Public Works 8. IS THE AWARDEE INCUMBENT? Yes Updated 1/29/2025 9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? Higher 10. WHEN DOES THE CURRENT CONTRACT EXPIRE? Extension ends 06/30/2025 11. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? $479,749.25 12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Bid Waiver Updated 1/29/2025 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And The Greater Miami Service Corps, Inc. 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 2nd 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 28ay of July , 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 25-0202, adopted on June 16, 2025, 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 1 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 awarded. If the right to extend is exercised, the City shall notify the Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if the City and the Contractor are in mutual agreement of such extensions. 3. SCOPE OF SERVICES: 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 amount. 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, data, report or any other material 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. 3 6. AUDIT AND INSPECTION 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 to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of §§ 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time. 7. AWARD 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 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, ethics, lobbying, record keeping, etc. City and Contractor agree to comply with and observe all such 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 expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, save harmless, and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Contractor to defend, at its own cost and expense, to and through trial, administrative, regulatory, appellate, supplemental or bankruptcy 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 unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF AGREEMENT DISPUTES: 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 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 parties shall remain responsible for any payments that have become due and owing as of 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 direct, indirect, consequential, or incidental damages. 14. 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 coverages are bound with the insurers. 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 Administrator; or (ii) 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. 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, 9 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 Greater Miami Service Corps 810 NW 28th Street Miami, FL 33127 ddorsett@gmscmiami.com (305) 638-4672 Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 With copies to: Juvenal Santana, P.E. Resilience and Public Works Director 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 10 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 licensure, 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. 11 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. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation 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. 12 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 and assigns) shall have any rights whatsoever under this Agreement. There are no express or implied Third - Party Beneficiaries to this Agreement. 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold 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 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 to the provisions hereof. 29. COUNTERPARTS: This Agreement may be executed in three (3) or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. 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.gov/e-verify. 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. 15 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: Print Name: Vincent McRae Title: Administrative Officer (Corpo`,Rttgee6 Rjr",, A ,, % ' . 1 ON ATTESVA Todd B. Hannon, City CI Signed by: "Contractor" Print Name: Lonnie Lawrence Title: Board Chairman (Authorized Corporate Officer) "City" CITY OF MIAMI, a municipal corporation By:Crf�anr. ivahur. Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: [Gt arl. 4 Uysowo88.76..602.1011 III DS Geroge K. Wysong ill 25-252 David Ruiz City Attorney Interim Risk Management Director 16 CORPORATE RESOLUTION 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 Lonnie Lawrence, the Board Chairman is 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 J2025. 7 GREATER MIAMI SERVICE CORPS A FLORIDA NOT FOR PRC Corporation By: Print Name: Ramona Edwards Title: Board Secretary Print Name: Vincent McRae (Sign) (Sign - Attest) 1 EXHIBIT A SCOPE OF SERVICES Item # Description (fit UOM 1 M LK Blvd - Litter Pick Up Only (WEEKLY SERVICE) - NW 62nd Street from NW 5th Place to NW 17th Ave 1 Weekly 2 Butterfly Gardens - Landscaping (BIWEEKLY): East 1-95 and West of NW 5th Ave 1 Biweekly 3 Butterfly Gardens - Litter Pick Up (WEEKLY): East 1-95 and West of NW 5th Ave 1 Weekly 4 Provisionary Services (As needed basis only) 1 Annually 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 18 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 r $ 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 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 ANTI -HUMAN TRAFFICKING AFFIDAVIT The undersigned affirms, certifies, attests, and stipulates as follows:: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. 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), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury,' declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized Human Trafficking Affidavit. Nongovernmental Entity: Greater Miami Service Corps Name: Lonnie Lawrence Signature of Office��� Officer Title: Board Chairman and that the facts, to execute this Anti - Office Address: 810 N 28th Street, Miami, Florida 33127 Email Address: ddorsett@gmscmiami.com FEIN No. 65-0/2/21 1/8/2/0 STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: 305-638-4672 The foregoin instrument was sworn'�+�to and subscribed before me by means of ® physical presence or CI online notarization, this ,01 day oft l) jQ ,7Q,5 b ' �Tt L.D1.i t' inamost as the authorized officer or representative for the nongovernmental entity.. s to is personally known to me r has produced as identification. (NOTARY PUBLIC SEAL) ptl�A � p Q fr oe My Commission Expires: ANSELME ANTOINE JI Notary Public State of Florida nattfre of Person Taking Oath Comm# HH251921 Id'Al si}me , iuklNNL LIMN Ires 4/11/2026 (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT -I SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Title Chapter 787 View Entire XLVi KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. in furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or Luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography, (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775 084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2, Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a Life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119,011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. i of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's tack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense, (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014.19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright() 1995-2024 The Florida Legislature • Privacy Statement • Contact Us AGENDA ITEM SUMMARY FORM File ID: #17328 Date: 03/05/2025 Commission Meeting Date: 06/17/2025 Requesting Department: Department of Resilience and Public Works Sponsored By: Christine King District Impacted: District 5 Type: Resolution Subject: Bid Waiver - MLK 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 ("DRPW'), 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 of Item: 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 $233,041.00 annually and $699,123.00 in the aggregate. Budget Impact Analysis Item is NOT Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $233,041.00 annually; $699,123.00 in the aggregate General Account No: 13000.201000.534000.0000.00000 Department of Resilience and Public Review Completed Office of Management and Budget Office of Management and Budget Department of Procurement City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission City Commission City Commission City Commission Reviewed B Works 03/05/2025 2:59 PM Luis Hernandez -Torres Marie Gouin Annie Perez Asael Marrero Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Thomas M. Fossler George K. Wysong III Teri Samuels Joseph Castro Todd B. Hannon Nicole Ewan Maricarmen Lopez Juvenal Santana Budget Analyst Review Budget Review Procurement Review Assistant City Manager Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Meeting Meeting Meeting Meeting Department Head Completed 03/07/2025 11:50 AM Completed 03/07/2025 3:49 PM Completed 04/03/2025 10:27 AM Completed 04/09/2025 7:58 AM Completed 04/09/2025 10:57 AM Completed 04/09/2025 11:42 AM Completed 04/09/2025 3:16 PM Completed 04/15/2025 11:46 AM Completed 04/15/2025 12:42 PM Completed 04/24/2025 9:00 AM Completed 05/08/2025 9:00 AM Completed 05/22/2025 9:00 AM Completed 06/12/2025 9:00 AM Completed 06/17/2025 9:00 AM City of Miami Legislation Resolution Enactment Number: R-25-0202 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17328 Final Action Date:6/17/2025 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 AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); 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 NO. 13000.201000.534000.0000.00000 AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL DOCUMENTS, INCLUDING ANY AGREEMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, BUT NOT LIMITED TO, THE CITY'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") awarded contracts to Greater Miami Service Corps ("GMSC") in 2016 and 2022 through a waiver of competitive bidding pursuant to Section 18- 85(a) of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, GMSC was established in 1990 as a not -for -profit corporation with a mission 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 by making a written finding, attached and incorporated as Exhibit "A," that competitive sealed bidding is not practicable or is not advantageous to the City with reasons supporting the same; and WHEREAS, said written findings 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 City Code, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City 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 the Department of Resilience and Public Works ("RPW') general account number 13000.201000.534000.0000.00000 or other funding sources, subject to the availability of funds and budgetary 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, all in forms acceptable to the City Attorney, subject to allocations, appropriations, prior budgetary approval, and compliance with applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, and in compliance with applicable regulations, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: rge = . Wye ng III, City ttor -y 4/15/2025 1 The authorization herein 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. 1. TITLE: AGENDA ITEM CHEAT SHEET Bid Waiver 24-25-022 MLK Blvd/Butterfly Garden Beautification Services 2. TYPE OF CONTRACT (Emergency ratification, SS, Piggyback, IFB, RFP, etc.): BID WAIVER 3. TOTAL FISCAL IMPACT IN THE AGGREGATE: 4. SOURCE OF FUNDING: Approximately $813,778.23 in the aggregate 13000.201000.534000.0000.00000 5. CONTRACT SAVINGS ACHIEVED/REVENUE: 6. SCOPE OF SERVICES: N/A Beautification services for MLK Embankments and Butterfly Garden 7. WHAT IS THE TERM OF THE CONTRACT? (Please include OTR's) Three (3) years with no options to renew. 8. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Bid Waiver 9. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Resilience and Public Works UPDATES 12/10/2020 10. NAME OF AWARDEE(S): Greater Miami Service Corps 11. IS THE AWARDEE THE INCUMBENT? Yes 12. BACKGROUND INFORMATION OF AWARDEE (I.E. NUMBER OF YEARS IN BUSINESS, LOCATION AND ANY OTHER PERTINENT 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. 13.WHEN DOES THE CURRENT CONTRACT EXPIRE? March 31, 2025, 14.IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? DESCRIBE PRICE DIFFERENTIAL. Increase by approximately $92k due to increase in labor, materials, and supplies. 15.IF PROCURING GOODS, WHERE ARE THE GOODS MANUFACTURED? IF PROCURING A SERVICE, WHERE IS THE FIRM LOCATED? N/A UPDATES 12/10/2020 16.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? Currently showing as $479,749.25 — was estimated to spend $854,130.00 in previous agenda item summary for current contract. 17. HOW MANY BIDDERS/PROPOSERS? IF ONLY ONE BIDDER/PROPOSER, WHAT WERE THE RESULTS OF THE SURVEY? N/A 18.OTHER INFORMATION (Did Local Preference affect the award; was any firm deemed non- responsive; if yes which one(s) and why; was there a BAFO, and any other pertinent information): None. UPDATES 12/10/2020 AGENDA ITEM SUMMARY FORM FILE ID: Date: April 24, 2025 Requesting Department: RPW Commission Meeting Date: 05/08/2025 District Impacted: 5 Type: ®Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Future Legislation ❑ Other Law Department Matter ID No. 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 n Yes ® No Is this item related to revenue? ® Yes n 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 n Yes ® No Is this Item funded by bonds? Start Up Capital Cost: N/A Maintenance Cost: N/A Total Fiscal Impact: S271,259.41 annually; $813,778.23 in the aggregate Page 1 of 2 Sponsorship Information (This section is not required for items that have Citywide impact.) ® Yes n 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. ❑ DI ❑D2 ❑D3 ❑D4 ®D5 n The District Commissioner will NOT sponsor the item. n Response pending from District Commissioner. Does the item require approval from the following departments? ❑ Grants Procurement ❑ Risk Final Approval Dept. Director 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/STHS) 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. ..Body 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 2022; and WHEREAS, GMSC was established in 1990 as a not -for -profit corporation with a mission 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. PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And The Greater Miami Service Corps, Inc. 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 2nd 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 1 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 awarded. If the right to extend is exercised, the City shall notify the Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if the City and the Contractor are in mutual agreement of such extensions. 3. SCOPE OF SERVICES: 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 amount. 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, data, report or any other material 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. 3 6. AUDIT AND INSPECTION 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 to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of §§ 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time. 7. AWARD 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 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, ethics, lobbying, record keeping, etc. City and Contractor agree to comply with and observe all such 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 expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, save harmless, and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Contractor to defend, at its own cost and expense, to and through trial, administrative, regulatory, appellate, supplemental or bankruptcy 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 unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF AGREEMENT DISPUTES: 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 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 parties shall remain responsible for any payments that have become due and owing as of 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 direct, indirect, consequential, or incidental damages. 14. 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 coverages are bound with the insurers. 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 Administrator; or (ii) 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. 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, 9 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 Greater Miami Service Corps 810 NW 28th Street Miami, FL 33127 Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 With copies to: Juvenal Santana, P.E. Resilience and Public Works Director 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 10 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 licensure, 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. 11 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. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation 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. 12 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: 'k 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 and assigns) shall have any rights whatsoever under this Agreement. There are no express or implied Third - Party Beneficiaries to this Agreement. 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold 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 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 to the provisions hereof. 29. COUNTERPARTS: This Agreement may be executed in three (3) or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. 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.gov/e-verify°. 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. 15 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: Print Name: Title: (Corporate Seal) "Contractor" By: Print Name: Title: (Authorized Corporate Officer) "City" CITY OF MIAMI, a municipal ATTEST: corporation Todd B. Hannon, City Clerk 1 By: Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: Geroge K. Wysong III City Attorney Ann -Marie Sharpe Risk Management Director 16 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 EXHIBIT A SCOPE OF SERVICES 18 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 r $ 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 Contract Life $ 813,778.23 19 EXHIBIT C INSURANCE REQUIREMENTS 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 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 transform 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 $7,300 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. Sincere) Lonnie Lawrence Board Chairman Attachment: Beautification Service Description and Pricing Young People...Ser ing Their Community 810 Northwest 28t1i Street ' Miami, Florida 33127 • Office: (305) 638-4672 *Fax: (305) 633-5319 15355 Harding Lane • Leisure City, Florida 33030 •Office: (305) 242-7935 •Fax: (305) 242-7967 www.gmscmiarni.org Greater Miami Service Corps MLK Blvd/Butterfly Gardens Beautification Services Item # Description Qty UOM Price Annual Total 1 MLK Blvd - Litter Pick Lip 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 r $ 88,522.20 3 Butterfly Gardens - Litter Pick Lip (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 an NW 62nd Street (AS NEEDED) 1 Semi- Annual $ 11,640.0D $ 23,280.00 *PLEASE THOROUGHLY READ THE SCOPE OF WORK PROVIDED TO PROVIDE PRICING. ANNUAL TOTAL $271,259.41 Contract Life $ 813,778.23 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 in Miami -Fort Lauderdale -West Palm Year CPI Increase (%) 2022 3.2 (not relevant here since Jan 2022 is the base) 9.5 2023 10.9 2024 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% - 1.050 Cumulative increase = 1.109 x 1.050 = 1.16445 - 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 B C I] E F G H 1 Consumer Price Inkdex for All Urban Consumers (CPI-L!) 2 12-Month Percent Change 3 4 Series Id: CUURS35BSAS 5 Not Seasonally Adjusted 6 Series Title: Ser9ces in Miami -Fort Lauderdale -West Palm 7 Area: Miami -Fort Lauderdale -West Palm Beach. FL 8 Item: Ser9ces 9 Base Period: 1982-84=100 10 Years: 2021 to 2024 11 12 Year Annual 13 2021 32 14 2022 9.5 15 2023 10.9 16 2024 5.0 17 18 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and DATE: April 25, 2025 Members of the City Commission CIAAr rah FROM: Arthur Noriega V REFERENCES: City Manager ENCLOSURES: SUBJECT: SUBSTITUTION - Bid Waiver for Martin Luther King Jr. Blvd/Butterfly Gardens Beautification Services/Item PH. 2 Item PH 2 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. Todd B. Hannon, City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 1 FROM: Annie Perez, CPPO, �� Director/Chief Procurement Officer DATE: April 25, 2025 SUBJECT: SUBSTITUTION - Request to Publish Notice for Public Hearing Bid Waiver for Martin Luther King Jr. Blvd/Butterfly Gardens Beautification Services/Item PH. 2 REFERENCES: ENCLOSURES: Original Public Notice Memo Item PH 2 on the May 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 a review of the proposed rates was conducted 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. 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 Approved: Date: Miriam Arcia, Agenda Coordinator cc: Yadissa A. Calderon, CPPB, Assistant Director, Procurement CITY OF MIAMI NOTICE TO THE PUBLIC A public hearing will be held by the City Commission of the City of Miami, Florida on May 22, 2025 at 9:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, 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. All interested persons are invited to appear and may be heard concerning such proposed acquisitions. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S.286.0105). 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) 250-5360 (Voice) no later than two (2) business days prior to the proceeding or at (305) 250-5472 (TTY) no later than three (3) business days prior to the proceeding. City Seal (#16540) Todd Hannon City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Todd B. Hannon DATE: March 3, 2025 City Clerk JuvenalSantana, P.E., C.F.M. Director Department of Resilience and Public Works 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 Approved: Date: Miriam Santana, Agenda Coordinator 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 INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: February 27, 2025 City Manager Signed by: 78D18AEF54464BE_. FROM: Juvenal Santana, P.E., C.F.M. Director Department of Resilience and Public Works 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. caD:cuSigned by: LLAY Navitia.F3OCF&&372DD42A... March 1, 2025 1 11:10:10 EST Arthur Noriega V Date: C: Asael Marrero, RA, RID, AIA, ICC, Assistant City Manager Miriam Santana, Agenda Coordinator Annie Perez, Director, Department of Procurement 1/28/25, 3:33 PM Detail by Entity Name DIVISION OF CORF' Js`r� r rrf D LPDfLr TI C f an official 21aat t- {lu■/slaa su bsli 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 FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 810 N.W. 28TH STREET MIAMI, FL 33127-4046 Changed: 01/29/2000 Mailing Address 810 N.W. 28TH STREET MIAMI, FL 33127-4046 N39023 65-0221820 07/10/1990 FL ACTIVE AMENDMENT 04/23/1991 NONE 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/Search ResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=GREATER.. 1 /3 1/28/25, 3:33 PM BROWN, SANTARVIS, Dr. 810 NW 28TH ST 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 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GREATER.. 2/3 1 /28/25, 3:33 PM 01/20/2022 --ANNUAL REPORT 06/30/2021 -- AMENDED ANNUAL REPORT 01/05/2021 -- ANNUAL REPORT 08/31 /2020 -- AMENDED ANNUAL REPORT 01 /13/2020 -- ANNUAL REPORT 01 /16/2019 -- ANNUAL REPORT 01 /10/2018 -- ANNUAL REPORT 01 /09/2017 -- ANNUAL REPORT 09/09/2016 -- AMENDED ANNUAL REPORT 01 /04/2016 -- ANNUAL REPORT 01 /02/2015 -- ANNUAL REPORT 01 /17/2014 -- ANNUAL REPORT 01 /02/2013 -- ANNUAL REPORT 01/03/2012 --ANNUAL REPORT 01/03/2011 --ANNUAL REPORT 01 /08/2010 -- ANNUAL REPORT 01 /06/2009 -- ANNUAL REPORT 01 /14/2008 -- ANNUAL REPORT 01 /29/2007 -- ANNUAL REPORT 01 /23/2006 -- ANNUAL REPORT 01 /21 /2005 -- ANNUAL REPORT 01 /20/2004 -- ANNUAL REPORT 04/17/2003 -- ANNUAL REPORT 01/23/2002 --ANNUAL REPORT 03/21/2001 -- ANNUAL REPORT 01 /29/2000 -- ANNUAL REPORT 02/25/1999 -- ANNUAL REPORT 04/06/1998 -- ANNUAL REPORT 03/24/1997 -- ANNUAL REPORT 05/20/1996 -- ANNUAL REPORT 03/02/1995 -- ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GREATER... 3/3 ACGRL® CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDOlYYYY) EIMM/D25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION I5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BEACON INSURANCE GROUP INC 8567 Coral Way #301 Miami, FL 33155 License #:A093003 CONTNAMEACT ANGEL GARCIA (AM ONNo Ext): (305)266-9706 E FAX 1Ac No): (305)468-6603 ADDRIESS: angel@insurer.com INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: KINSALE INSURANCE CO. 14027 INSURED GREATER MIAMI SERVICE CORPS 810 NW 28TH ST MIAMI, FL 33127 INSURERS: WESTCHESTER FIRE INSURANCE CO. 03368 INSURERC: NATIONAL LIABILITY & FIRE INS CO. 00481 INSURER 0: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REILISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C ABOVE FOR THE POLICY PERIOD C ENT WITH RESPECT TO WHICH THIS REIN IS SUBJECT TO ALL THE TERMS, INSR LTRINSD TYPE OF INSURANCE ADDL SUBR MD POLICY NUMBER POLICY EFF (MM/DDIYYYYI POLIC E IMMIRD LIMITS A X COMMERCIAL GENERAL LIABILITY 0100105909-4 0 I1` 01/24/26 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 1,000 Y PERSONAL & ADV INJURY $ 1,000,000 GENII_ X AGGREGATE POLICY OTHER. LIMIT APPLIES PRO- JECT PER. LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ INCLUDED $ C AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY X x/ /• SCHEDULED AUTOS NON -OWNED AUTOS ONLY4(b Y ((//��►�►� V 74 APS 1123 12/30/24 12/30/25 COMBINED SINGLE LIMIT {Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE {Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE O EACH OCCURRENCE AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y! N PER STATUTE OTH- ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B 1111504".4°C(19 DIRECTORS & N OFFICERS NFPFLF112977172-08 05/20/25 05/20/26 LIMIT RETENTION 1,000,000 10,000 DESCRIPTION OF OPERATIONS !LOCATIONS ! VEHICLES ]ACORD 1U1, Additional Remarks Schedule, may be attached if more space is required) CITY OF MIAMI IS LISTED AS ADDITIONAL INSURED FOR GENERAL LIABILITY AND AUTO : PRIMARY& NON-CONTRIBUTORY LANGUAGE INCLUDED FOR GENERAL LIABILITY. CONTINGENT AND CONTRACTUAL EXPOSURES. CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI 444 SW 2ND AVE MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACDRD 25 (2016/03) O 1988-20d ACDRD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: Gomez Jr., Francisco (Frank) To: Gandarilla, Aimee Cc: Quevedo, Terry; Aviles, Yesenia Subject: RE: Corporate Resolution Date: Tuesday, July 1, 2025 4:23:20 PM Attachments: image006.pnq image007.pnq image010.pnq image011.pnq Hello Aimee, The COI is adequate. n/O(1/ \NThanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management 14 N.E. 1st Avenue 2nd Floor (305) 416-176° Fax O Miami, Florida 33132 O (305) 416-1740 Office f�omez miami "Serving, Enhancing, and Transforming our Community" From: Gandarilla, Aimee <AGandarilla@miamigov.com> Sent: Tuesday, July 1, 2025 3:54 PM Olivera, Rosemary From: Gandarilla, Aimee Sent: Tuesday, July 29, 2025 9:03 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Fossler, Thomas; Del Oro, Jessica Subject: PSA Greater Miami Service Corps, Inc (Matter 25-252) Attachments: PSA Greater Miami Service Corps, Inc (Matter 25-252).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Jessica: Please close Matter 25-252. Thank you, Aimee candaniltai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i