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HomeMy WebLinkAbout25747AGREEMENT INFORMATION AGREEMENT NUMBER 25747 NAME/TYPE OF AGREEMENT MIAMI RIVER FUND, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/PROVIDE LITTER CONTROL SERVICES & OTHER RELATED SERVICES/FILE ID: 17759/R-25-0272 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 8/28/2025 DATE RECEIVED FROM ISSUING DEPT. 9/8/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Parks and Recreation DEPT. CONTACT PERSON: Elizabeth Zapata EXT. 1321 NAME OF CONTRACTUAL PARTY/ENTITY: Miami River Fund IS THIS AGREEMENT TO BE EXPEDITED/RUSH TOTAL CONTRACT AMOUNT $ 303,343 TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ▪ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY: ❑ YES NO FUNDING INVOLVED? EYES NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY) Services for clean up at waterfront parks with Miami River Fund. COMMISSION APPROVAL DATE: 7 / 24 / 25 FILE ID:17759 ENACTMENT NO: R-25-0272 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR August 15, 2025 PRINT: Lacleveia 116:34:21 EDT SIGNATURE: Morley SUBMITTED TO RISK MANAGEMENT August 19, 202511WW955 August 19, 2025 EDT kCAJR DocuSignetl by: Signetl by: Fr re„,u) patt,) SUBMITTED TO CITY ATTORNEY August 22, 2025 PRINT: GEOR6I6 109:53:16 EDT SIGNATURE: : N Gni "—C.c.,. by t,evvt,,6B.Udtisew1 Ill o5 l V APPROVAL BY ASSISTANT CITY MANAGER August 28, 2025 PRINT: Barbie i 07:44:35 ED IGNATURE �88]]6E9FE88.. Hernandez ji ns —Sinetlbyu Jj,a ku,,,,o,,jv y APPROVAL BY DEPUTY CITY MANAGER August 28, 2025 PRINT: NATASfA2°COtEBROOK-WILLIAMS 109:18:27 EDT—DocuSignetlby: SIGNATURE: N , add 4-W:.11;.z RECEIVED BY CITY MANAGER August 28, 20243 1: SIGNATURE: INORIEGA, V "—DocuSignetl by: avguv Neviuya. SUBMITTED TO THE CITY CLERK August 28, 2025 PRINT: TODDY:°i 112:59:35 EDT SIGNATURE: ANNON DocuSignetl by: _-- PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION This Agreement (the "Agreement") entered this day of , 2025, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY" or "GRANTOR"), and MIAMI RIVER FUND, INC., a Florida not -for -profit 501(c)3 corporation, acting as the financial agency for the Miami River Commission (hereinafter referred to as "GRANTEE"). RECITALS WHEREAS, the CITY and GRANTEE each have an interest in the health and cleanliness of the Miami River; and WHEREAS, the GRANTEE was established by Section 163.06, Florida Statutes, as the official clearinghouse for all public policy and projects related to the Miami River and is funded by the Florida Depailanent of State, Florida Department of Transportation, Miami -Dade County, City of Miami, and private sector donations: and WHEREAS, Section 18-112 of the Code of the City of Miami, as amended (the "Code") authorizes the CITY to enter into an agreement with other governmental agencies or state funded institutions for the purchase or acquisition of goods or services without competitive bidding procedures, provided that the purchase of said goods or services in excess of $25,000.00 is approved by the City Manager, and purchases of goods or services in excess of $50,000.00 is subject to approval by the City Commission; and WHEREAS, on , 2025, the City Commission adopted Resolution No. , ("Resolution") incorporated by reference as if set forth in full herein, authorizing the City Manager to execute this Agreement for the GRANTEE to provide the services outlined in Attachment "A" (hereinafter the "Services") pursuant to the details specified below; NOW, THEREFORE, the CITY and GRANTEE do mutually agree as follows: 1. INCORPORATION OF RECITALS The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM This Agreement shall be for a term of two (2) years, commencing on October 1, 2025 (the "Effective Date") and ending on September 30, 2027, provided the Parties shall have the option to renew this agreement for one (1) additional year, and upon mutual agreement thereof, this Agreement shall end on September 30, 2028, unless terminated sooner (as may be extended, the "Term"). Page 1 of 22 3. CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of Parks and Recreation (hereinafter "DEPARTMENT") will act on behalf of the CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, subject to approval of the City Manager and the City Attorney, except as otherwise provided by this Agreement. 4. GRANT BY CITY (a) The CITY shall pay the GRANTEE a maximum compensation for the Services in an amount not to exceed Three Hundred Three Thousand, Three Hundred Forty -Three dollars ($303,343) per year, subject to the availability and appropriation of budgetary funds as specified in Section 7 below. Accordingly, the amount payable under this Agreement for all Services provided throughout the Term shall in no event exceed Nine Hundred Ten Thousand, Twenty -Nine Dollars ($910,029) (the "Grant"). (b) Said funds shall be paid quarterly on a reimbursement basis for expenditures incurred during the Agreement period. All expenditures must be verified by copies of the checks used to pay each specific invoice. In case that an invoice must be submitted to several funding sources, the invoice shall indicate the exact amount paid by other funding sources equaling the total of the invoice. (c) CITY and GRANTEE agree that the Grant may not be used to reimburse expenses incurred prior to the Effective Date under this Agreement. (d) CITY shall have the right to review and audit the time records and related records of GRANTEE pertaining to any payments by CITY. 5. GRANTEE SERVICES (a) GRANTEE shall use the Grant to offset operational costs incurred during the term of this Agreement for the purpose of providing the Services to beautify the banks of the Miami River at certain City parks as specified in Attachment "A", attached hereto and hereby incorporated by reference. (b) Except as otherwise stated in this Agreement, the Grant will be expended inclusive of GRANTEE staff, clerical, travel, supplies and contingencies. (c) GRANTEE shall submit to DEPARTMENT a quarterly written report on January 1, April 1, July 1, and October 1 for each fiscal year during the term of this Agreement and shall provide minutes of all public meetings which Page 2 of 22 demonstrate use of funds as well as the performance of the organization in attaining its stated objectives for which funding support was requested. (d) GRANTEE shall submit to DEPARTMENT an independent audit by a Certified Public Accountant, which must include the expression of an opinion on the financial statements and accounts of funds for each fiscal year during the Term. 6. TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement for cause at any time prior to expiration of the Term without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to GRANTEE who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. CITY further retains the right to terminate this Agreement for convenience, at its sole discretion, and without penalty to CITY, by providing thirty (30) days' prior written notice to GRANTEE. In no event shall CITY pay GRANTEE any amount for expenses incurred after the effective date of termination nor shall CITY pay any amount in excess of the total sum authorized by this Agreement. It is hereby understood by and between CITY and GRANTEE that any payments made in accordance with this Section to GRANTEE shall be made only if said GRANTEE is not in default under the terms of this Agreement. If GRANTEE is in default, then CITY shall in no way be obligated and shall not pay to GRANTEE any sum whatsoever. 7. NON -APPROPRIATIONS Funding for this Agreement is contingent on the availability of funds and continued authorization for Services. Accordingly, this Agreement is subject to amendment or termination by the CITY due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days' prior written notice to GRANTEE. 8. GENERAL CONDITIONS (a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. GRANTEE Miami River Funds, Inc. c/o Brett Bibeau 1407 NW 7TH Street, Suite D CITY OF MIAMI Director of Parks and Recreation 444 SW 2 Avenue, 8th Floor Page 3 of 22 Miami, FL 33125 Miami, FL 33130 With a copy to: City Manager, 9th Floor 444 SW 2 Avenue Miami, FL 33130 Office of the City Attorney 444 SW 2 Avenue, 10th Floor Miami, FL 33130 (b) Titles and paragraph headings are for convenience reference and are not a part of this Agreement. (c) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. (d) Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or, if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 9. AWARD OF AGREEMENT GRANTEE warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 10. NON-DELEGABILITY The obligations undertaken by GRANTEE pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the CITY's prior written consent. 11. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceeding between the parties shall be in Miami -Dade Page 4 of 22 County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive the right to a jury trial. 12. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 13. MONITORING, INSPECTION AND AUDIT RIGHTS (a) CITY reserves the right to monitor, inspect and audit the records of GRANTEE at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. (b) GRANTEE agrees to submit to the DEPARTMENT an independent audit, by a Certified Public Accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the CITY's funds. Said audit shall be submitted to DEPARTMENT no later than ninety (90) days after the termination of this Agreement or final receipt of CITY funds, whichever is applicable. 14. INDEMNIFICATION GRANTEE shall indemnify, defend, and hold CITY and its elected officials, officers, employees, representatives and agents (collectively the "Indemnitees") harmless from and against any and all claims, liabilities, losses, and causes of action that may arise out of GRANTEE's activities under this Agreement, including all acts or omissions to act on the part of the GRANTEE, including any person acting for or on their behalf, and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. GRANTEE's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination of this Agreement. GRANTEE understands and agrees that any and all liabilities regarding the use of any subcontractor for services related to this Agreement shall be born solely by GRANTEE throughout the duration of this Agreement and that this provision shall survive the termination of this Agreement. 15. CONFLICT OF INTEREST (a) GRANTEE covenants that no persons under its employ who presently exercise any functions or responsibilities in connection with this Agreement Page 5 of 22 has any personal financial interests, direct or indirect, with the CITY. GRANTEE further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of GRANTEE, or its employees, must be disclosed in writing to the CITY. (b) GRANTEE is aware of the conflict -of -interest laws of the City of Miami 16. INDEPENDENT CONTRACTOR GRANTEE and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further GRANTEE, its employees and agents, shall not be deemed entitled to Florida Workers' compensation benefits as employees of the CITY. 17. DEFAULT PROVISION In the event that GRANTEE shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole discretion, upon written notice to GRANTEE, may cancel and terminate this Agreement, and all payments, advances or other funds paid to GRANTEE by the CITY while GRANTEE was in default of the provisions herein contained shall be forthwith returned to the CITY. 18. NON-DISCRIMINATION GRANTEE agrees that it shall not discriminate as to race, sex, color, religion, age, marital status, national origin, disability or sexual orientation in connection with its performance under this Agreement. GRANTEE further covenants that no otherwise qualified individual shall, solely by reason of his/her race, sex color, religion, age, marital status, national origin, disability, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 19. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing signed by the CITY. The failure of CITY to insist upon the strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. Page 6 of 22 20. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for programs activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS All parties to this Agreement shall comply with all applicable laws, ordinances and codes of federal, state and local government. GRANTEE further agrees to include in all of GRANTEE's agreements with subcontractors for any services related to this Agreement this provision requiring subcontractors to comply with an observe all applicable federal, state, and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 22. BONDING AND INSURANCE (a) During the term of this Agreement, GRANTEE shall maintain insurance coverages in amounts as determined by the CITY and as set forth in Attachment "C" hereto and made a part hereof. (b) GRANTEE shall correct any insurance certificates as requested by the City' s Risk Management Director. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall furnished to the City's Risk Management Director that it will not be canceled, modified, or changed during the performance of the services under this Agreement without thirty (30) calendar days prior written notice to the City's Risk Management Director. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that GRANTEE shall at any time upon request file duplicate copies of the policies of such insurance with the City. (c) GRANTEE understands and agrees that any and all liabilities regarding the use of any of GRANTEE's employees or any of GRANTEE's subcontractors for services related to this Agreement shall be borne solely by GRANTEE throughout the term of this Agreement and that this provision shall survive the termination of this agreement. GRANTEE further understands and agrees that insurance for each employee of GRANTEE and each subcontractor providing services related to this Agreement shall be maintained in good standing and approved by the City's Risk Management Director for the duration of this Agreement. Page 7 of 22 (d) GRANTEE shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extension hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, GRANTEE shall be responsible for submitting new or renewed insurance certificates to the City' s Risk Management Director at a minimum of ten (10) calendar days in advance of such expiration. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof. (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the city's Risk Management Director; or (ii) Without limitation of the CITY' s remedies under this Agreement, CITY may, at its sole discretion, terminate the Agreement for cause and obtain re -procurement damages from GRANTEE in conjunction with the violation of the terms and conditions of this Agreement. (e) Compliance with the foregoing insurance requirements shall not relieve GRANTEE of its liabilities and obligations under this Agreement. 23. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to the matters set forth herein and correctly set forth the rights, duties and obligations each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 24. ASSURANCES AND CERTIFICATIONS GRANTEE assures and certifies that: (a) All expenditures of funds shall be made in accordance with SERVICES as set forth in Attachment "A" and approved by the City Commission. The CITY shall not reimburse the GRANTEE for state sales tax or other assessments. (b) CITY funds shall not be co -mingled with any other funds, and separate bank accounts and accounting records shall be maintained. (c) Expenditures of CITY funds shall be properly documented and such documentation shall be maintained for at least three (3) years after the termination of this Agreement. Page 8 of 22 (d) Periodic progress reports as reasonably requested by the CITY shall be provided. (e) GRANTEE shall be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. (f) No activity under this Agreement shall involve political activities. GRANTEE possesses legal authority to enter into this Agreement; the Resolution has been duly adopted or passed as an official act of GRANTEE' s governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of GRANTEE to act in connection with GRANTEE and to provide such additional information as may be required. 25. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 26. ANTI -HUMAN TRAFFICKING GRANTEE confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. GRANTEE shall execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes. If the GRANTEE fails to comply with the terms of this Section, the CITY may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the CITY be liable to GRANTEE for any additional compensation or for any consequential or incidental damages. 27. COUNTERPARTS/ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. [SIGNATURE PAGE FOLLOWS] Page 9 of 22 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thcrcunto duly authorized, the day and year first above written. ATTEST: „dtec "ietqA Witness GRANTEE: BY: Pry.' ' cnt Miami River Fund, inc. %c STATE OF FLORIDA COUNTY OF MIAMI-DADE) 1 HEREBY CERTIFY that on this Fk day of Augitlsf , 20 2.5, personally appeared before me, an officer duly authorized to administcf oaths and take acknowledgements, Nail? 1i l :13lakv eVfpgikkin, as President of MiAMi RIVER FUND, INC., a Florida Corporation. He/She is personally known to me or has produced 4]7(;Vy S %J( ryeas identification. GILBERTO J DIAZ Notary Public - State of Florida Commission f HH 578512 My Comm. Expires Aug 5, 2028 MCM5517DCF1359... Todd R. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS: DocuSigned by: lt,eirT, Risam lfl George K. Wysong, I1I City Attorney NOTARY PUBLIC STATE OF FLORIDA Print Name: &i111qp,(7i J. Commission No.: g1 C4 57$512 Commission Expires: A4,9 Sf 24Z� CITY OF MIAMI, a municipal corporation of the State of Florida DocSigeddby:rru Neri O50eF6C372 D42AU. Arthur Noriega V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Signed by: VUtibt *`OH I Lb'.Hl.4B David Ruiz, Interim Director Risk Management Page 10 of 22 ATTACHMENT "A" SCOPE OF SERVICES At a minimum, GRANTEE will perform all services specified below, consisting of furnishing all labor, machinery, tools, means of transportation and debris disposal, supplies, equipment, materials, water, diesel fuel, and services necessary to perform the complete maintenance of the public rights of ways listed below. All services are to be performed at the shorelines of the following locations (an image of the various park locations may be found on the following page): a. Antonio Maceo Park, 5125 NW 7th Street, Miami, FL, 33126 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing of walkways, gazebos and benches b. Grove Circle Mini Park, 1543 NW South River Drive, Miami, FL, 33125 i. Weekly Litter Pickup and removal along shoreline and surrounding areas c. Fort Dallas Park, 64 SE 4th Street, Miami, FL, 33131 i. Weekly Litter Pickup and removal along shoreline and surrounding areas ii. Empty garbage cans iii. Blowing of walkways iv. Annual pressure washing Riverwalk d. Sewell Park, 1801 NW South River Drive, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways e. Fern Isle Park, 2201 NW l lth Street, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing of walkways, gazebos and southern half of pedestrian bridge f. Curtis Park, 1901 NW 24th Ave, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Weeding as needed along shoreline and surrounding areas iii. Annual pressure washing walkways Page 11 of 22 g. Jose Marti Park,351 SW 4TH St. Miami, FL, 33130 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing Riverwalk h. Lummus Landing, 250 NW North River Drive, Miami, FL, 33138 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways i. Miami River Rapids Park 2916 NW South River Dr. Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster J. Robert King High Park, 7025 W Flagler Street, Miami, FL, 33144 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways k. Ronald Regan Park, 2304 NW 14th Street, Miami, FL, 33125 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Annual pressure washing walkways, gazebos, benches and northern half of pedestrian bridge 1. Simon Bolivar Park, 1SW South River Dr. Miami, FL 33128 i. Weekly Litter Pickup along shoreline and surrounding areas and placed in dumpster ii. Bi-Weekly Mowing, Weeding, Edging and Blowing along shoreline and surrounding areas iii. Annual pressure washing walkways and bench m. Spring Garden Point Park, 601 NW 7th Street Road, Miami, FL 33136 i. Weekly Litter Pickup along shoreline and surrounding areas and removal ii. Annual pressure washing walkways In addition, on service days MRC will coordinate with City of Miami Homeless Assistance Department and City of Miami Police Department as needed. All workers will be paid "Living Wage" as defined under the City Code. Compensation for all services described above shall not exceed the amounts specified herein. Page 12 of 22 Miami River Fund Maintenance Areas 1. Fort Dallas Park- 64 SE 4th Street, Miami, FL 33131 2. Jose Marti Park- 351 SW 4th St. Miami, FL, 33130 3. Simon Bolivar Park- 1 SW South River Dr. Miami, FL, 33128 4. Lummus Landing- 250 NW North River Drive, Miami, FL 33138 5. Spring Garden Point Park- 601 NW 7th Street Road, Miami, FL, 33136 6. Grove Circle Mini Park- 1543 NW South River Drive, Miami, FL, 33125 7. Sewell Park- 1801 NW South River Drive, Miami, FL, 33125 8. Fern Isle Park- 2201 NW 11th Street, Miami, FL, 33125 9. Ronald Reagan Park- 2304 NW 14th Street, Miami, FL, 33125 10. Curtis Park- 1901 NW 24th Ave, Miami, FL, 33125 11. Miami River Rapids Mini Park- 2916 NW South River Dr., Miami, FL, 33125 uDo 12. Antonio Maceo Park- 5135 NW 7th Street, Miami, FL, 33126 CD 13. Robert King High Park- 7025 W Flagler Street, Miami, FL, 33144 w 0 ATTACHMENT `B" INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - GRANT AGREEMENT NIIANII RIVER COMMISSION GRANTEE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury Damage to Rented Premises B. Endorsements Required City of Miami listed as an additional insured Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability (If Applicable) $1,000,000 $2,000,000 $1,000,000 $1,000,000 $50,000.00 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned, or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Page 14 of 22 Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. Page 15 of 22 / ACORN® CERTIFICATE OF LIABILITY INSURANCE ‘...------ DATE (MM/DD/YYYY) 02/04/2025 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 IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Invictus Insurance Services, Inc 8950 S.W. 74th Ct. Suite 2201/D11 Miami FL 33156 CONTNAME: ACT William L Traurig (A/c,Nno, Ext): (305) 244-4293 FAX No): (305) 595-0904 E-MAIL CC ADDRESS: olivia@invictusins.net INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: WESTERN WORLD INS CO 13196 INSURED Miami River Fund, Inc DBA Miami River Commission 1407 NW 7th St Suite # 2 Miami FL 33125 INSURER B INSURER C: INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERALLIABILITY Y NPP6159583 01/16/2025 01/16/2026 EACH OCCURRENCE $ 1 ,000,000 CLAIMS -MADE X OCCUR DAMAGE TRENTED PREMISESO(Ea occurrence) $ 1 00,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ Included $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY N/A COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE N/A EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ 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 N / A N/A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as Additional Insured on a Primary and Non-contributory basis. Coverage for contractual exposures is included. Not for Profit Organization CERTIFICATE HOLDER CANCELLATION City of Miami ISAOA 444 SW 2nd Avenue, 2nd Floor 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 Olivia Esturo ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Committee: Governor of State of Florida Mr. Ron DeSantis Designee: Ms. Patricia Harris Chair of Miami -Dade Delegation Senator Ana Maria Rodriguez Designee; Senator Ileana Garcia Chair of Governing Board of South Florida Water Management District Mr. Chancey Goss Designee: Mr. Scott Wagner Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. William Gonzalez Mayor of Miami -Dade County Mayor Daniella Levine Cava Dcsignce: Mr. Jim Marley City of Miami Mayor Mayor Francis Suarez Designee: Ms. Megan Kelly City of Miami Commissioner Commissioner Miguel Angel Gabela Designee; Ms. Betty Hennida Miami -Dade County Commissioner Commissioner Eileen Higgins Designee:: Mr. Eddie Marti Kring Chair of Miami River Marine Group Mr. Bruce Brown Designee: Mr. Richard Dubin Chair of Marine Council Mr. Michael Karcher Designee; Mr. Phil Everingharn Executive Director of Downtown Development Authority Ms. Christina Crespi Designee: Mr. Neal Schafers Chair of Greater Miami Chamber of Commerce Mr. Alfi-cd Sanchez Designee: Mr. Agustin Barrera Neighorhood Representative Appointed by City of Miami Commission Ms. Eileen Broton Neighorhood Representative Appointed by Miami -Dade Commission Ms. 'Theodora Long Designee: Mr. Barrett Long Representative from Environmental or Civic Organization Appointed by the Governor Mr. Horatio Stuart Aguirre Member at Large Appointed by the Governor Mr. Luis Garcia Designee: Mr. John Michael Cornell Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Alvaro Coradin Member at Large Appointed by City of Miami Commission Mr. T. Spencer Crowley III Designee: Mr. Mike Simpson Miami River Commission 1407 NW 7th Street, Office 7 Miami, Florida 33125 Office: (305) 644-0544 BrettBibeau@MiamiRiverCommission.org www.miamirivercommission.org Auguat 14, 2025 City of Miami 444 SW 2 Ave Miami, FL 33130 RE: No MRC Cars and 1 Employee Dear City of Miami, The Miami River Commission / Miami River Fund Inc does not own any cars. In addition, having only 1 employee exempts workers compensation. Your support for the Miami River District is sincerely appreciated. Sincerely, Brett Bibeau Managing Director Miami River Commission Managing Director Mr. Brett Bibeau CORPORATE RESOLUTION WHEREAS, MIAMI RIVER FUND, INC., (the financing agency of the Miami River Commission) desires to enter into an agreement with the City of Miami; and Wl IEREAS, thc Board of Directors at a duly held corporate meeting has considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, be it resolved by the Board of Directors that the President, ek i ';.n �I: err�taIAn,,Vis hereby authorized and instructed to enter into a contract in the name and on behalf of tl"iis corporation with thc City of Miami upon the terms contained in the proposed agreement to which this resolution is attached. DATED this 75, Corporate Secretary day of k-(G i,c 5 � , 2 0 Z.S. — FDi'rectors Chairpeo(s�n of t Bo�f� (Allix Corporate Seal) Page 18 of 22 ANTI -HUMAN TRAFFICKING AFFIDAVIT I. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts. or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. 1 have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts. statements and representations provided in Section 1 are true and correct. b. 1 am an officer, a representative. or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETI I NAUGHT. Contactor: i Signature: Name: &( eat* Title: r _ ?cLv L Eli Address: l Lo .y/C✓ ' S U re.: 7 Phone No: 6 W Email: l-)r %be. aC(_%_/)4IC;U vvl i r V C'.r),41 Ali SS k2,1 LU) Page 19 of 22 City of Miami Resolution R-25-0272 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17759 Final Action Date: 7/24/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI RIVER FUND, INC., A FLORIDA NOT -FOR -PROFIT 501(C)(3) CORPORATION, AS THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION ("MIAMI RIVER FUND"), TO PROVIDE LITTER CONTROL SERVICES AND OTHER RELATED SERVICES TO MAINTAIN VARIOUS CITY - OWNED PARKS ALONG THE MIAMI RIVER, AS DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A TWO (2) YEAR TERM COMMENCING ON OCTOBER 1, 2025, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THREE THOUSAND, THREE HUNDRED FORTY- THREE DOLLARS ($303,343) PER YEAR, SUBJECT TO BUDGETARY APPROPRIATIONS AS ALLOCATED FROM GENERAL FUND ACCOUNT NO. 00001.296001.534000 FOR SAID PURPOSE, SUBJECT TO AVAILABILITY OF FUNDS AND PRIOR BUDGETARY APPROVAL; RATIFYING, APPROVING, AND CONFIRMING THE EXTENSION OF THE AGREEMENT BETWEEN THE CITY AND THE MIAMI RIVER FUND ORIGINALLY AUTHORIZED PURSUANT TO RESOLUTION NO. R-22-0344 THROUGH SEPTEMBER 30, 2025; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, INCLUDING, WITHOUT LIMITATION, PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") and the Miami River Commission ("MRC") have an interest in the health and cleanliness of the Miami River; and WHEREAS, the MRC was established by Section 163.06, Florida Statutes, as the official clearinghouse for all public policy and projects related to the Miami River; and WHEREAS, the MRC established the Miami River Fund, Inc., ("Miami River Fund") a not -for -profit corporation, to be the financial agency of the MRC in order to receive governmental and private grants to further the substantial improvement of the Miami River, which is funded by the Florida Department of State, Florida Department of Transportation, Miami -Dade County, the City, and private sector donations; and City of Miami Page 1 of 3 File ID: 17759 (Revision:) Printed On: 7/30/2025 File ID: 17759 Enactment Number: R-25-0272 WHEREAS, the City requires litter and debris pickup, and other related services (the "Services") in various City parks located adjacent to the Miami River, as depicted in Exhibit "A," attached and incorporated ("City Parks"); and WHEREAS, the Miami River Fund agrees to provide the Services in conjunction with other ongoing projects to maintain the health and beauty of the Miami River; and WHEREAS, Section 18-112 of the Code of the City of Miami, Florida, as amended ("City Code"), authorizes the City to enter into an agreement with other governmental agencies or state funded institutions for the purchase or acquisition of goods or services without competitive bidding procedures subject to City Commission approval for purchases over $50,000.00; and WHEREAS, the City previously entered into an agreement with the Miami River Fund, pursuant to City Commission Resolution No. R-22-0344, for litter and debris removal and other beautification services along the banks of the Miami River at riverside parks, for a two (2) year term commencing on October 1, 2022, and expiring on September 30, 2024 (the "Original Agreement"); and WHEREAS, the Original Agreement included an option to renew for one (1) additional year, and the parties now desire to ratify, approve, and confirm the extension of the Original Agreement from its original expiration date through September 30, 2025, in accordance with its terms; 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. The City Manager is hereby authorized' to negotiate and execute an agreement, in a form acceptable to the City Attorney, with the Miami River Fund to provide the Services to maintain the City Parks for a two (2) year term commencing October 1, 2025, with an option to renew for one (1) additional one (1) year period, in an amount not to exceed three hundred three thousand, three hundred forty-three dollars ($303,343) per year, subject to budgetary appropriations to be allocated from General Fund Account No. 00001.296001.534000 for said purpose, subject to the availability of funds and prior budgetary approval. Section 3. The City Commission hereby ratifies approves and confirms the extension of the Original Agreement through September 30, 2025. Section 4. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, all in forms acceptable to the City Attorney, as may be deemed necessary for said purpose, subject to all allocations, appropriations, prior budgetary approvals, and in compliance with all applicable laws, rules, and regulations, including, without limitation, provisions of the City Code, as amended. Section 5. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 17759 (Revision:) Printed on: 7/30/2025 File ID: 17759 Enactment Number: R-25-0272 APPROVED AS TO FORM AND CORRECTNESS: ge Wy ng III, C y ttor -y 7/15/2025 City of Miami Page 3 of 3 File ID: 17759 (Revision:) Printed on: 7/30/2025 Olivera, Rosemary From: Zapata, Elizabeth Sent: Monday, September 8, 2025 10:32 AM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Cc: Aleixo, Rafaella Subject: Executed Agreement for Miami River Fund Attachments: Miami_River_Fund_Agreement Exp. 9-30-2027.pdf Good morning, I hope all is well. Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Should anything be needed please let me know. Thank you! Elizabeth M. Zapata Contract Compliance Analyst City of Miami Parks & Recreation Department 444 SW 2nd Ave., 8th Floor, Miami, FL, 33130 (305)416-1321 elizzapata@miamigov.com www.miamigov.com/parks 06) Follow us on social media 1