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24085
AGREEMENT INFORMATION AGREEMENT NUMBER 24085 NAME/TYPE OF AGREEMENT MIAMI RIVER FUND, INC. DESCRIPTION GRANT AGREEMENT/CONTINUATION OF EDUCATIONAL & AWARENESS PROGRAMS AS IT RELATES TO THE CLEANLINESS & MAINTENANCE OF THE MIAMI RIVER/FILE ID: 12324/R-22-0324/MATTER I D : 22-335 EFFECTIVE DATE July 28, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/28/2022 DATE RECEIVED FROM ISSUING DEPT. 9/29/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 CITY OF MIAMI DOCUMENT ROUTING FORM * In n, ,,,111 * II 1, ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: MIAMI RIVER FUND, INC. Department of Procurement IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Agreement YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): AGREEMENT WITH MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION COMMISSION APPROVAL DATE: 9/13/22 12324 FILE ID: ENACTMENT NO.: 22-0324 NOTES. ROUTING INFORMATION Date PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER PR22261 September 22 , �PLEASE 2A51i�it Prezz3CPPOEDT �Do us Bne°6Y: SIGNATURE: �- (.-,-.7 "-es54°Eaieendee... RISK MANAGEMENT September 23, Ann -Marie Sharpe 2022 I 06:47,_QF,e.E T SIGNATURE: Fma.�,� CITY ATTORNEY MATTER 22-335 September 26, y6c2t9riP NllMn1&z25 EDT D s�.a ey: SIGNATURE: �� . ,,� ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER September 28, F1EFOOAFBFE045]... Larry Spring, CPA 2022 I 10:15 :187 SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS E, Y e7WEXF4... Natasha Colebrook -Williams SIGNATURE: DEPUTY CITY MANAGER Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: CITY MANAGER September 28, Arthur Noriega V 2022 110:18:31 EDT D sq�.a 6Y SIGNATURE: 5460 Nr;r,,e,, S60CF863RDD4?A... CITY CLERK September 28, Todd Hannon 2022 1 17:20:37 EDT SIGNATURE: D°°°sg°°"° C PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Eduardo Falcon Contact Person Procurement Contracting Manager Title 9/22/2022 Date: Procurement Requesting Client (305) 416-1901 Telephone Legal Service Requested: matter 22-335 AGREEMENT WITH MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION 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: FlIssue opinion in writing. nPublish 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: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 04/14/2017 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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 28thday of July, 2022, (but effective as of September , 2022 being the "Effective Date") 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 corporation, acting as the financial agency for the Miami River Commission (hereinafter referred to as "GRANTEE"). RECITAL WHEREAS, pursuant to its National Pollution Discharge Elimination System Permit ("Permit") administered by the Florida Department of Environmental Protection ("FDEP"), the City desires to enter into an Agreement with GRANTEE in order for the GRANTEE to assist with the City's educational requirements under the Permit; and WHEREAS, the CITY's Storm Water Utility Funds are available pursuant to Section 18- 298 of the Code of the City of Miami, Florida, as amended (the "City Code") and authorizes the CITY's Department of Resilience and Public Works (hereinafter "DEPARTMENT") to fund educational programs required under the Permit and the Permit allows for local entities such as the GRANTEE to assist the City with those educational requirements; and WHEREAS, on September 13, 2022 the City Commission adopted Resolution No. 22-0324, authorizing the City Manager to execute an agreement under the terms and conditions set for below with the GRANTEE to provide educational programs related to the Miami River for a three (3) year term for the period of October 1, 2022 and ending on September 30, 2025, allocating funds from the CITY's General Fund Non -Departmental Accounts in order to fund the Page 1 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 CITY's share in support of the GRANTEE, for a total contract amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00); NOW, THEREFORE, the CITY and GRANTEE do mutually agree as follows: 1. ORDER OF PRECEDENCE The order of precedence whenever there is conflicting or inconsistent language between documents is as follows, in descending order of priority: (1) this Agreement and any amendments thereto; and (2) GRANTEE Proposal and scope of services Attachment "A". 2. TERM The term of this Agreement shall cover three (3) fiscal years (FY 2022-2025) effective as of October 1, 2022 and ending on September 30, 2025, unless terminated sooner as provided herein below. 3. CITY AUTHORIZATION For the purpose of this Agreement, 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. GRANTEE AGREES (a) GRANTEE shall use the grant of Fifty Thousand Dollars ($50,000.00) received from CITY to offset operational costs incurred during the term of this Agreement for CITY's fair share of administrative costs of the GRANTEE, and to continue providing educational programs related to the Miami River. Page 2 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 (b) Except as otherwise stated in this Agreement, the funds appropriated herein will be expended for GRANTEE staff, clerical, travel, supplies and contingencies. (c) GRANTEE shall submit to DEPARTMENT an annual written report each October 1, during the term of this Agreement, and shall provide minutes of all public meetings which demonstrate use of funds as well as the performance of the organization in attaining its stated objectives for which funding support was requested. (d) GRANTEE shall submit to DEPARTMENT an independent audit by a Certified Public Accountant ("CPA"), which must include the expression of an opinion on the financial statements and accounts of funds for fiscal years 2022-2025 as more particularly described in Section 13 (c). 5. GRANT (a) The CITY shall pay the GRANTEE, as maximum compensation for the services outlined pursuant to Section 4 hereof, Fifty Thousand Dollars ($50,000.00) for each fiscal year identified in Section 2 hereof, for a total not to exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) throughout the term of this Agreement. (b) Said funds shall be paid annually as an advance for expenditures incurred during the Agreement period. All expenditures must be verified by copies of the cancelled checks used to pay each specific invoice. In case that an invoice must be submitted to several funding sources, the invoice shall Page 3 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 indicate that exact amount paid by other funding sources equaling the total of the invoice. (c) CITY and GRANTEE agree that the funds granted herein may not be used to reimburse expenses incurred prior to the commencement date of October 1, 2022 under this Agreement. (d) CITY shall have the right to review and audit the time records and related records of GRANTEE pertaining to any payments by CITY. 6. TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement for cause at any time prior to expiration of the term without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to GRANTEE who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. In no case, however, shall CITY pay GRANTEE an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and GRANTEE that any payments made in accordance with this Section to GRANTEE shall be 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 PUBLIC RECORDS A. GRANTEE understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CITY MOUs, 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. Page 4 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 GRANTEE's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this MOU by the CITY. B. GRANTEE shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining 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 MOU and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the CITY in a format compatible with the CITY's information technology systems. C. Should GRANTEE determine to dispute any public access provision required by Florida Statutes, then GRANTEE shall do so at its own expense and at no cost to the CITY. IF GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THEGRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, VIA EMAIL AT PUBLICRECORDS(a,MIAMIGOV.COM, OR REGULAR EMAIL AT CITY Page 5 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2" AVENUE, 9TH FLOOR, MIAMI, FL 33130. 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 Robert King High 1407 NW 7TH Street, Suite D Miami, FL 33125 CITY: Juvenal Santana, Director of Resilience and Public Works 444 SW 2 Avenue, 8th Floor Miami, FL 33130 Art Noriega, V City Manager 444 SW 2 Avenue, 10th Floor Miami, FL 33130 Victoria Mendez, City Attorney Office of the City Attorney 444 SW 2 Avenue, loth Floor Miami, FL 33130 (b) Titles and paragraph headings are for convenient reference and are not a part of this Agreement. Page 6 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 (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. 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 Page 7 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceeding between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive the right to a jury trial. 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) CITY shall audit all GRANTEES receiving more than Fifteen Thousand Dollars ($15,000.00). (c) All GRANTEES receiving cash of Twenty -Five Thousand Dollars ($25,000.00) or more agree to submit to the DEPARTMENT an independent audit, by a CPA. 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. Page 8 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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 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 Page 9 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 interests on the part of GRANTEE, or its employees, must be disclosed in writing to the CITY. (b) GRANTEE is aware of the conflict of interest laws of the City of Miami Code of Ordinances, Chapter 2, Article V; the Miami -Dade County Code of Ordinances, Section 2-11.1 and the laws of the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. 16. INDEPENDENT CONTRACTOR GRANTEE and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further GRANTEE, its employees and agents, shall not be deemed entitled to Florida Workers' compensation benefits as employees of the CITY. 17. DEFAULT PROVISION In the event that GRANTEE shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole discretion, upon written notice to GRANTEE, may cancel and terminate this Agreement, and all payments, advances or other funds paid to GRANTEE by the CITY while GRANTEE was in default of the provisions herein contained shall be forthwith returned to the CITY. 18. NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. GRANTEE 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 Page 10 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 this Agreement. GRANTEE 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, GRANTEE shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. GRANTEE 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, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, GRANTEE 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, GRANTEE 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. Page 11 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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 perfoiivance 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. 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. Page 12 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 (b) GRANTEE shall provide protection to the CITY to the extent of the indemnification, pursuant to Section 14 hereof. (c) GRANTEE shall correct any insurance certificates as requested by the CITY's Risk Management Director. All such insurance, including renewals, shall be subject to the approval of the CITY for adequacy of protection and evidence of such coverage(s) and shall be 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 pedal 'lance of Services hereunder, provided, however, that GRANTEE shall at any time upon request file duplicate copies of the policies of such insurance with the CITY. (d) GRANTEE understands and agrees that any and all liabilities regarding the use of any of GRANTEE's employees or any of GRANTEE's 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 13 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 (e) 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 teiin 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) the CITY may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from GRANTEE in conjunction with the violation of the terms and conditions of this Agreement. (f) Compliance with the foregoing requirements shall not relieve GRANTEE of its liabilities and obligations under this Agreement. 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 sets forth the rights, duties and obligations of each to the other as of its date. Any prior Page 14 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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 the proposal, Attachment "A" approved by the City Commission and incorporated herein by this reference. The CITY shall not reimburse the GRANTEE for state sales tax. (b) CITY funds shall not be co -mingled with any other funds, and separate bank accounts and accounting records shall be maintained. (c) Expenditures of CITY funds shall be properly documented and such documentation shall be maintained for at least three (3) years after the termination of this Agreement. (d) Periodic progress reports as reasonably requested by the CITY shall be provided. (e) GRANTEE shall be personally liable for any CITY funds expended that were not consistent with the program approved by the CITY Commission or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. (f) No activity under this Agreement shall involve political activities. GRANTEE possesses legal authority to enter into this Agreement; a Resolution, Motion, or similar action, Attachment "B" hereto incorporated herein by this reference, has been duly adopted or passed as an official act Page 15 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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. COUNTERPARTS, ELECTRONIC SIGNATURES: 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. This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on 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. 26. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. Page 16 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, the day and year first above written. ATTEST: Witness STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) "GRANTEE" MIAMI RIVER FUND, INC., a Florida not for profit corporation, acting as financial agency for the Miami River Commission I HEREBY CERTIFY that on this 1 S day of g2c.61— , 2022, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Cif-12.-/Av p-sue , as President of MIAMI RIVER FUND, INC., a Florida Corporation. % He/She is personally known to me or has produced Fe- i1R-t Ve7ta L/ Se4Cas identification. OAINA IRENA LEON Notary Public - State of Florida Commission # HH 040087 ?a ¢' My Comm. Expires Jan 3, 2025 Bonded through National Notary Assn. ATTEST: BY: DocuSlgnea by: Tor :. Hannon, APPROVED AS TO FORM AND CORRECTNESS: NOTARY PUBLIC STATE OF FLORIDA Print Name: A.1R -rig-GA 13 !-FDA! Commission No.: HIS O4‘0O Commission Expires: ZiAivuA-FAQ 3, 0,15 "CITY" or "GRANTOR" CITY OF MIAMI, DocuSig�l�c14T municipal corporation (—DocuSigned by BY. rit r 14114x Arthur Noricga V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: D c Sg Eby: OS D SgneE by: BY: � BY: [rack aow,t Victoria Mendez (Matter 22-335) Ann -Marie Sharpe, Director City Attorney Risk Management Page 17 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 ATTACHMENT "B" CORPORATE RESOLUTION WHEREAS, Miami River Fund, Inc., the financing agency of the Miami River Commission ("Agency"), desires to enter into an agreement with the City of Miami, a Florida municipal corporation ("City"); and WHEREAS, the Agency's Board of Directors at a duly held corporate meeting has considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, Vbe/ it resolved by the Agency's Board of Directors that the %-.4•-ref 61G�.�'� President, r ��` r is hereby authorized and instructed to enter into an agreement in the name and on behalf of this corporation with the City upon the terms contained in the proposed agreement to which this resolution is attached. DATED this 1(,) day of ti ly , 2022. Corporate Secretary Chairpe '. n of the . and q'' Directors (Affix Corporate Seal) Page 18 of 18 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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. David Maer Mayor of Miami -Dade County Mayor Daniella Levine Cava Designee: Mr. Jim Murley City of Miami Mayor Mayor Francis Suarez Designee: Ms. Megan Kelly City of Miami Commissioner Commissioner Alex Diaz de la Portilla Miami -Dade County Commissioner Commissioner Eileen Higgins Designee: Ms. Maggie Fernandez Chair of Miami River Marine Group Mr. Bruce Brown Designee: Mr. Richard Dubin Chair of Marine Council Mr. Michael Karcher Designee: Mr. Phil Everingham Executive Director of Downtown Development Authority Ms. Alyce Robertson Designee: Ms. Christina Crespi Chair of Greater Miami Chamber of Commerce Mr. Alfred Sanchez Designee: Ms. Sandy O'Neil Neigborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Designee: Mr. Tom Kimen Neigborhood Representative Appointed by Miami -Dade Commission Ms. Sallye Jude Designee: Mr. Mike Simpson 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: Ms. Roselvic Noguera Member at Large Appointed by City of Miami Commission Miami River Commission c/o Robert King High 1407 NW 7'h Street, Suite 2 Miami, Florida 33125 Office: (305) 644-0544 BrettBibeau@u MiamiRiverCommission. www.miamirivercommission.org February 8, 2022 Re: Renewing Current Contract Dear City of Miami, The Miami River Commission appreciates the upcoming renewal of our long standing successful 3 year contracts, and will continue providing the services required in the attached current contract's Scope of Services for no increased funding, even though the cost of providing all the services exceeds the current $50,000 per year rate. Your time and continued strong support for the Miami River are appreciated. Should you have any questions, or require any additional information, please feel free to contact me anytime. Sincerely, Brett Bibeau Managing Director, Miami River Commission Managing Director Mr. Brett Bibeau DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 ATTACHMENT "A" MIAMI RIVER COMMISSION SCOPE OF WORK During the contract period, October 1, 2022 to September 30, 2025, the Miami River Commission (MRC) agrees to provide the following specific services and complete the following tasks: I. Coordinate all meetings of the MRC and subcommittees or task forces established by the MRC. II. Operation of the MRC office and payment of salary of one (1) staff person. III. Operation of the MRC education and awareness program. A. Stenciling of a minimum of 75 locations during the 5 year NPDES permit. • Activities required: Ordering supplies and coordinating volunteer groups. B. Collection of Educational information (brochures, pamphlets, etc.) or coordination to develop such information, if not available. The information will be placed at various approved City locations (Neighborhood Enhancement Team Offices, Parks, Riverside Center, etc.) for public display and collection. The information will also be hand -delivered by City inspectors during door to door activities and inserted in plans during review processes. The types of educational material shall include the following: 1. Application of pesticides, herbicides, fertilizers: Information to encourage the public to reduce their use of pesticides, herbicides and fertilizers, information encouraging use of xeriscaping, native Florida planting and organic soil amendments (compost, proper nutrient management and use of slow release fertilizers). 2. Illicit Discharges and Improper Disposal — Public Notification: Information pertaining to prevention of water pollution, illicit connections or discharges, how to spot them, where to report, where to report incidents with the 24 hour number and 311. 3. Illicit Discharges and Improper Disposal — Oils, Toxics, Household Hazardous Waste Control: Public education activities to instruct public on responsible environmental management, proper disposal of household hazardous waste, location of DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 collection facilities for used motor oil, leftover hazardous household products, and lead acid batteries, etc. C. Development of Public Served Announcements: Announcements to emphasize public awareness of all sound environmental practices for the citizens of the City. These announcements may be broadcast on the City of Miami Channel 9. D. Implement the MRC education and awareness program at Miami -Dade County Schools. IV. The MRC will continue to seek and implement solutions to all problems and issues related to the Miami River, including but not limited to: a. Wagner Creek Water Quality Improvement Action Plan b. Miami River Dredging Project c. Manatee Protection Plan d. Miami River Quality Action Team e. Governor's Commission for a Sustainable South Florida f. Shoreline Stabilization g. Historic Preservation h. Riverwalk and Greenway Improvements Water Quality Improvements j. Stormwater runoff/ sewage contamination k. Miami Intermodal Center Development 1. Interdiction and Enforcement m. Riverday Celebration (fist Saturday in April) n. Baynanza o. Other educational activities. V. Provide the City's Resilience and Public Works Department with a written report prior to October 1, 2025, providing documentation that the MRC met its stated objectives for which funding support was requested during the term of this Agreement. VI. Provide the City's Resilience and Public Works Department with an annual audit of Miami River Fund, Inc. the financial agency of the MRC. Page 2 of 2 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 DIVISION OF CORPORATIONS ►, J1v1�1fJ,�r of 5?� .orgC 0,)_-rA'ItIJI`f an official Stale of Florida rvrbsitr Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Not For Profit Corporation MIAMI RIVER FUND, INC. Filing Information Document Number N98000005672 FEI/EIN Number 65-0867648 Date Filed 10/05/1998 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/12/2009 Event Effective Date NONE Principal Address 1407 NW 7 ST SUITE 2 MIAMI, FL 33125 Changed: 05/24/2017 Mailing Address 1407 NW 7 ST SUITE 2 MIAMI, FL 33125 Changed: 05/24/2017 Registered Agent Name & Address BIBEAU, BRETT 1407 NW 7 STREET SUITE D- C/O MIAMI RIVER FUND, INC MIAMI, FL 33125 Name Changed: 04/20/2005 Address Changed: 01/11/2006 Officer/Director Detail Name & Address Title D DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 BIBEAU, BRETT 1407 NW 7 STREET, SUITE D MIAMI, FL 33125 Title P EVERINGHAM, PHILIP 6259 Sunset Drive H-4 Miami, FL 33143 Title VP BAILEY, MARK 3033 NW North River Drive MIAMI, FL 33142 Title T JUDE, SALLYE 412 Viscaya Ave Coral Gables, FL 33130 Title VP LUIS, GARCIA 398 NW NORTH RIVER DRIVE MIAMI, FL 33128 Annual Reports Report Year Filed Date 2020 01/07/2020 2021 02/03/2021 2022 01/28/2022 Document Images 01/28/2022 -- ANNUAL REPORT 02/03/2021 -- ANNUAL REPORT 01/07/2020 -- ANNUAL REPORT 02/07/2019 -- ANNUAL REPORT 01/09/2018 -- ANNUAL REPORT 01/03/2017 -- ANNUAL REPORT 01/06/2016 -- ANNUAL REPORT 02/25/2015 -- ANNUAL REPORT 01/27/2014 -- ANNUAL REPORT 01/08/2013 -- ANNUAL REPORT 01/03/2012 -- ANNUAL REPORT 01/07/2011 -- ANNUAL REPORT 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 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 02/01/2010 -- ANNUAL REPORT 03/12/2009 -- Amendment 01/07/2009 -- ANNUAL REPORT 02/07/2008 -- ANNUAL REPORT 01/11/2007 -- ANNUAL REPORT 01/11/2006 -- ANNUAL REPORT 04/20/2005 -- ANNUAL REPORT 06/28/2004 -- ANNUAL REPORT 01/24/2003 -- ANNUAL REPORT 02/13/2002 -- ANNUAL REPORT 02/22/2001 -- ANNUAL REPORT 03/22/2000 -- ANNUAL REPORT 02/18/1999 -- ANNUAL REPORT 10/05/1998 -- Domestic Non -Profit 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 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 AGENDA ITEM SUMMARY FORM File ID: #12324 Date: 07/19/2022 Commission Meeting Date: 09/13/2022 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All Type: Resolution Subject: Auth. City Manager - Miami River Agreement - Educational Programs Purpose of Item: The nature of this item is to authorize a resolution of the Miami City Commission with attachments(s), Pursuant to Section 18-298(6) of the code of the City of Miami, Florida, As Amended, ("City Code") authorizing the City Manager to execute an Agreement ("Agreement"), with the Miami River Fund, Inc., the financial agency for the Miami River Commission ("Miami River Commission"), to allow for the continuation of educational and awareness programs as it relates to the cleanliness and maintenance of the Miami River for the Department of Resilience and Public Works ("RPW") for a period of three (3) years on a contractual basis, at an estimated yearly amount of $50,000.00, allocating funds from RPW's Stormwater Utility Fund account No. 00001.208000.531000.0000.00000; further authorizing the City Manager to negotiate and execute all other 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 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 City of Miami has pledged an annual fair share support for the Miami River Commission pursuant to Section 18-298(6) of the City Code. Additionally, RPW requires specific services related to the National Pollutant Discharge Elimination System ("NPDES") Permit issued by Florida Department of Environmental Protection ("FDEP"), in the areas of education, awareness, identification and implementation of solutions to problems related to the Miami River. This Agreement will provide for the continuation of the operation and educational programs of the Miami River Commission that RPW uses for the yearly NPDES submittal for the City of Miami's Municipal Separate Storm Sewer System ("MS4") Permit. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 General Account No.: Stormwater Utility Fund No. 00001.208000.531000.0000.00000 Department of Resilience and Publ Review Completed Office of Management and Budget Office of Management and Budget Department of Risk Management Department of Procurement City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission City Commission Reviewed By is Works 08/09/2022 10:17 AM Donovan Dawson Marie Gouin Ann -Marie Sharpe Annie Perez Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Pablo Velez Victoria Mendez Nicole Ewan Nicole Ewan Juvenal Santana Budget Analyst Review Budget Review Risk Review Procurement Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Meeting Department Head Completed 08/15/2022 11:17 AM Completed 08/17/2022 5:47 PM Completed 08/17/2022 5:52 PM Completed 08/22/2022 11:27 AM Completed 08/26/2022 1:40 PM Completed 08/26/2022 2:12 PM Completed 08/29/2022 11:11 AM Completed 08/29/2022 9:02 PM Completed 08/29/2022 9:37 PM Completed 09/08/2022 9:00 AM Completed 09/13/2022 9:00 AM DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 City of Miami Legislation Resolution Enactment Number: R-22-0324 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12324 Final Action Date:9/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, PURSUANT TO SECTION 18-298(6) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO ALLOW FOR THE CONTINUATION OF EDUCATIONAL AND AWARENESS PROGRAMS AS IT RELATES TO THE CLEANLINESS AND MAINTENANCE OF THE MIAMI RIVER FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW") FOR A PERIOD OF THREE (3) YEARS ON A CONTRACTUAL BASIS, AT AN ESTIMATED YEARLY AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); ALLOCATING FUNDS FROM THE RPW STORMWATER UTILITY FUND ACCOUNT NO. 00001.208000.531000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND PRIOR BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL 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, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to its National Pollutant Discharge Elimination System ("NPDES") Permit administered by the Florida Department of Environmental Protection ("FDEP"), the City of Miami ("City") desires to enter into an agreement with the Miami River Fund, Inc. the financial agency for the Miami River Commission ("Miami River Fund"), to allow for the continuation of educational and awareness programs as it relates to the cleanliness and maintenance of the Miami River, for the City's Department of Resilience and Public Works ("RPW") and to assist with the City's educational requirements under the NPDES ("Agreement"); and WHEREAS, pursuant to Section 18-298(6) of the Code of the City of Miami, Florida, as amended ("City Code"), the City has pledged an annual fair share support for the Miami River Commission; and WHEREAS, pursuant to said Section 18-298(6) of the City Code, the City's Storm Water Utility Funds are available to fund the educational programs required under the NPDES and the NPDES allows for local entities such as the Miami River Commission to assist the City with those educational requirements; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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 authorized' to execute an Agreement with the Miami River Fund, pursuant to Section 18-298(6) of the City Code, to allow for the continuation of educational and awareness programs as it relates to the cleanliness and maintenance of the Miami River for RPW for a period of three (3) years on a contractual basis, at an estimated yearly amount of Fifty Thousand Dollars ($50,000.00). Section 3. Funds shall be allocated from the RPW Stormwater Utility Fund Account No. 00001.208000.531000.0000.00000, subject to the availability of funds and prior budgetary approval. Section 4. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 ACORI$ CERTIFICATE OF LIABILITY INSURANCE `---- DATE (MM/DD/YYYY) 07/25/2022 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, No, Ext): (305) 244-4293 NE (A//C, No): (305) 595-0904 E-MAIL ADDRESS: olivia@invictusins.net INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : WESTERN WORLD INS CO 13196 INSURED Miami River Fund, Inc DBA Miami River Commission 1407 NW 7th St Miami 33125 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : 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 F (MM/D POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y NPP8840103 C �v O OI 1/16/2022 ///���� ' _ V 01/16/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 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/OP AGG $ 2,000,000 $ '4 AUTOMOBILE Ni LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED �/ /� SCHEDULED AUTOS NON -OWNED AUTOS ONLY `� _v\ NPP ^ O v` �, ��_✓✓✓ 01/16/2022 01/16/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE P 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 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 DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 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. David Maer Mayor of Miami -Dade County Mayor Daniella Levine Cava Designee: Mr. Jim Murley City of Miami Mayor Mayor Francis Suarez Designee: Ms. Megan Kelly City of Miami Commissioner Commissioner Alex Diaz de la Portilla Miami -Dade County Commissioner Commissioner Eileen Higgins Designee: Ms. Maggie Fernandez Chair of Miami River Marine Group Mr. Bruce Brown Designee: Mr. Richard Dubin Chair of Marine Council Mr. Michael Karchcr Designee: Mr. Phil Everingharn Executive Director of Downtown Development Authority Ms. Alyce Robertson Designee: Ms. Christina Crespi Chair of Greater Miami Chamber of Commerce Mr. Alfred Sanchez Designee: Ms. Sandy O'Neil Neigborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Designee: Mr. Tom Kimen Neigborhood Representative Appointed by Miami -Dade Commission Ms. Sallye Jude Designee: Mr. Mike Simpson Representative from Environmental or Civic Organization Appointed by the Governor Mr. I loracio 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: Ms. Roselvic Noguera Member at Large Appointed by City of Miami Commission Miami River Commission c/o Robert King High 1407 NW 76 Street, Suite 2 Miami, Florida 33125 Office: (305) 644 0544 Bret-tBibeau@MiamiRiverCommission.org www.miamirivercommission.org July 25, 2022 Elyrosa Estevez City of Miami 444 SW 2 Ave Miami, FL Re: No MRC Cars and 1 Employee Dear Ms Estevez: The Miami River Commission does not own any cars. In addition. having only 1 employee m is workers compensation. <C cifii. Your support for er District is sincerely appreciated. Sincerely. 'V (29/ .v ,V Brett Bibeau Managing Director, Miami River Commission Managing Director Mr. Brett Bibeau DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 From: To: Cc: Subject: Date: Attachments: Gomez Jr., Francisco (Frank) Carbonell, Aileen Quevedo, Terry RE: PROCUREMENT INSURANCE REVIEW FOR MIAMI RIVER FUND INC dba MIAMI RIVER COMMISSION COI Monday, July 25, 2022 1:07:51 PM image002.ong Hi Aileen, The insurance documentation is adequate. Thanks, Frank Gomez, PIAM, CPII Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Carbonell, Aileen <ACarbonell@miamigov.com> Sent: Monday, July 25, 2022 1:00 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR MIAMI RIVER FUND INC dba MIAMI RIVER COMMISSION COI Importance: High Good afternoon, DocuSign Envelope ID: 73B3D871-B35D-432B-8DB8-19C0B99D6DD2 Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! Kind regards, Aileen Carbonell, MPA Procurement Assistant Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Office: (305) 416-1922 Facsimile: (305) 416-1925 Email: acarbonell(Wmiamigov.com Remit W9 to: PurchasingSupplierAdminsPmiamigov.com Website: https://beta.miamigov.com/Government/Departments-Organizations/Procurement </V JV C,.�� V o` ^ , V "Serving, Enhancin �I Tra -forming our Community' CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, September 29, 2022 9:43 AM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Cabrera, Paola Subject: matter 22-335 AGREEMENT WITH MIAMI RIVER FUND, INC., FOR FINANCIAL AGENCY FOR MIAMI RIVER COMMISSION Attachments: AGREEMENT WITH MIAMI RIVER FUND, INC..pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Qirnee condo n& Procurement Assistant City of Miami Department of Procurement 444 SW 2' Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F(305) 400-5338 agandarilla@miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement "Serving, Enhancing, and Transforming our Community" If you're not already a Vendor, click on or scan the QR Code to register as a new Vendor for the City of Miami. 1