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HomeMy WebLinkAbout24248AGREEMENT INFORMATION AGREEMENT NUMBER 24248 NAME/TYPE OF AGREEMENT NAN MCKAY & ASSOCIATES, INC. DESCRIPTION AMENDMENT NO. 3 TO THE SUPPLEMENTAL AGREEMENT/EMERGENCY RENTAL ASSISTANCE PROGRAM/FILE I D : 8790/R-21-0143/MATTER I D : 22-3378 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 2/2/2023 DATE RECEIVED FROM ISSUING DEPT. 2/3/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA „ ::,,,p i v. CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Nan McKay and Associates, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? I TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? r TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Supplemental Agreement YES NO ES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Amendment No. 3 to the supplemental agreement with Nan McKay and Associates, Inc. for rental assistance program COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: 21-0143 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER PR23054 January 23, 2023 Annie Perez, CPPO 107:00:25 EST SIGNATURE: [V/? RISK MANAGEMENT January 23, 2023 Ann -Marie Sharpe I 07:23:14_EaL, SIGNATURE: Frank 4 �,� CITY ATTORNEY Matter 22-3378 January 29, 202Victoria:3 Mendez EST SIGNATURE: , 4C, ; ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER February 1, 2023 Larry Spring, CPA I 14: 28: 49—KV SIGNATURE: f, sPh, ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Natasha Colebrook -Williams SIGNATURE: DEPUTY CITY MANAGER Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: CITY MANAGER February 2, 2023 Arthur Noriega V 1 09:50:53 EST SIGNATURE: � ,4",, CITY CLERK February 2, 2023 Todd Hannon 1 18:51:35 EST SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Charles Johnson Contact Person Sr. Procurement Contracting Manager Title 1/20/2023 Date: Procurement Requesting Client (305) 416-1924 Telephone Legal Service Requested: matter 22-3378: Amendment No. 3 to the supplemental agreement with Nan McKay and Associates, Inc. for rental assistance program Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA AMENDMENT NO. 3 TO THE SUPPLEMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MIAMI. FLORIDA, AND NAN MCKAY AND ASSOCIATES, INC. This Amendment No. 3 ("Amendment") to the Supplemental Agreement dated July 28, 2021 ("Agreement"), by and between the City of Miami, a municipal Corporation of the state of Florida ("City"), with its principal address located at 444 S.W. 2nd Avenue, Miami, FL 33130 and Nan McKay and Associates, Inc., a foreign profit corporation authorized to conduct business in the state of Florida ("Nan McKay" or "Consultant"), with its principal address located at 1810 Gillespie Way, Suite 202, El Cajon, CA 92020. RECITALS WHEREAS, pursuant to Resolution No. 21-0143, the City entered into the Agreement with Nan McKay; and WHEREAS, on October 28, 2021, the City accepted Twenty -Two Million Seven Hundred Seventy -Nine Thousand Three Hundred Seventeen Dollars and Ten Cents ($22,779,317.10) from the United States Department of the Treasury for the City's Emergency Rental Assistance Program ("ERA 2") to provide financial assistance and housing stability to eligible households; and WHEREAS, Pursuant to Amendment 1 to the Supplemental Agreement executed January 19, 2022, Nan McKay administered forty percent (40%) of ERA 2, totaling Nine Million One Hundred Eleven Thousand Seven Hundred Twenty -Six Dollars and Eighty -Four Cents ($9,111,726.84) on the City's behalf for an amount of Eight Hundred Thirty -Five Thousand Five Hundred Fifty Dollars ($835,550.00), under the terms and conditions of the Agreement; and WHEREAS, Pursuant to Amendment 2 to the Supplemental Agreement executed April 29, 2022, Nan McKay Administered the remaining sixty percent (60%) of ERA 2 totaling Thirteen Million Six Hundred Sixty -Seven Thousand Five Hundred Ninety Dollars and Thirty Cents ($13,667,590.30) on the City's behalf for an estimated amount of One Million Two Hundred Fifty - Three Thousand Three Hundred Twenty -Five Dollars ($1,253,325), under the terms and conditions of the Agreement; and WHEREAS, on November 17, 2022, the City accepted an additional Five Million Five Hundred Eighteen Thousand One Hundred Thirty Dollars and Thirty -Four Cents ($5,518,130.34) from the United States Department of the Treasury for the City's ERA 2 Program to provide financial assistance and housing stability to eligible households; and WHEREAS, Nan McKay has proposed to administer ERA 2 totaling Four Million Six Hundred Ninety Thousand Four Hundred Ten Dollars and Seventy -Nine Cents ($4,690,410.79) on the City's behalf for an estimated amount of Five Hundred Thirty -One Thousand Two Hundred Fifty ($531,250), under the terms and conditions of the Agreement. Document Ref: DZ6MH-MEJFV-YM5AZ.18IBN Page 1 of 3 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA NOW, THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: TERMS 1. The Consultant's proposal to the City titled "K-210728, Amendment No. 3 Emergency Rental Assistance Program (ERA 2)", is hereby attached as Exhibit "A" to this Amendment. 2. The Ratio of Nan McKay Administrative Costs to total Benefit Funds Spent is hereby attached as Exhibit "B" to this Amendment. 3. Section 24, of the Agreement, subsection 1) has been stricken in its entirety and replaced with the following language: 1) Administrative fees will be in an estimated amount of Three Million Four Hundred Seventy - Six Thousand Nine Hundred Twenty -Five Dollars ($3,476,925.00), consisting of Eight Hundred Fifty -Six Thousand Eight Hundred Dollars ($856,800.00) for ERA 1; Eight Hundred Thirty -Five Thousand Five Hundred Fifty Dollars ($835,550.00) for ERA 2 Part 1; One Million Two Hundred Fifty -Three Thousand Three Hundred Twenty -Five Dollars ($1,253,325) for ERA 2 Part 2, and Five Hundred Thirty -One Thousand Two Hundred Fifty ($531,250) for ERA 2 Part 3. 4. COUNTERPARTS; ELECTRONIC SIGNATURES This Amendment 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 Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (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 Amendment upon request. Document Ref DZBMH-MEJFV YM5AZ-.181BN Page 2 of 3 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA IN WITNESS WHEREOF, the provider hereto has caused this instrument to be executed by their respective officials thereunto duly authorized, as of the day and year first above written. ATTEST: Av. ROMALD MATTititir puLAY Notary Public - Caiifcrnla = f M."ySon Diego Commission if 2410965 My Comm. £xoirn Jul 12. 2026 &?P?I G1ayif By: Print Name: Sarah Waitt Title: Vice President, Operations (Corporate Seal) ATTEST: DocuSigned by: �.ae.. Todd B. Hannon, City C rk APPROVED AS TO LEGAL FORM AND CORRECTNESS: OS rpr Victoria Mendez Matter 22-3378 City Attorney "Consultant" NAN MCKAY & ASSOCIATES, INC., a foreign profit corporation authorized to conduct business in Florida Print Name: John McKay Title: Chief Executive Officer "City" CITY OF MIAMI, a Florida municipal corporation By: �Qvftwr Abvi �a Arthur Noriega V, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department Document Ref: DZBMH-MEJFY YM5AZ-J8IBN Page 3 of 3 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA • • • ......::: •• r-. +Xti .•r-.. i.V. -alit: • .. .-:.-. _:•:-:::: :.: .-.-.•.•. : '��I•i ii!•!• :�i!r!r!r!r!i!• :!•!• :.lid ::• �!•:•�: •!i!i!r!i %.• �� r :•:. i• !O r..::: i�:.L�.!.�.• 4•i! a!�!.!;;.• :: i .!.!.!-.• -�•�'� Signature Certificate Reference number: DZ6MH-MEJFV-YM5AZ-J8IBN Signer Timestamp Signature Sarah Waitt Email swa;fl@nanmckay.com Sent: 10 Jan 2023 23:26:16 UTC Viewed 10 Jan 2023 23:27 17 UTC Signed: 10 Jan 2023 23:27'43 UTC Recipient Verification: ✓Email verified Sarah Waif/ IP address: 12.171.103.130 10 Jan 2023 23:27:17 UTC Location: San Diego, United States John McKay Ema I: john@nanmckay.com Sent: 10 Jan 2023 23:26:16 UTC Viewed 10 Jan 2023 23:29:33 UTC Signed. 10 Jan 2023 23:29:42 UTC Recipient Verification: Li7oha MeKav IP address. 72.201.198.126 +Email vented 10 Jan 2023 23:29:33 UTC Location: Gilbert, United States Document completed by all parties on: 10 Jan 2023 23:29:42 UTC Page 1 of 1 Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 30,000+ companies worldwide. El • .I -r •1 T:fit ,o_ T• 1 •1 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA Nan McKay AND ASSOCIATES, INC" K-210728, Amendment No. 3, ERA 2 for the City of Miami, Florida K-210728, Amendment No. 3 Emergency Rental Assistance Program (ERA 2) Nan McKay and Associates, Inc. (NMA) 1810 Gillespie Way, Suite 202 El Cajon, CA 92020 Sarah Waitt NMA ASSIGNED I VP of Operations RESOURCE (800) 783-3100 swaitt@nanmckay.com City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 PROJECT POC Alfredo Duran PURPOSE This Amendment No. 3 ("Amendment") to the Supplemental Agreement dated July 28, 2021 ("Agreement"), by and between NMA and the City of Miami, a municipal corporation of the state of Florida ("City"), provides $531,250 for administering the City's third portion of ERA 2 funding, until funds earmarked for ERAP disbursement of the $5,500,000 award are exhausted. All other terms and conditions of the original consulting agreement remain unchanged and are in full force and effect, except as modified herein. NAN MCKAY AND ASSOCIATES, INC. THE CITY OF MIAMI, FLORIDA NAME Sarah Waitt SIGNATURE TITLE ................................................ DATE NAME: SIGNATURE TITLE DATE 2022 Nan McKay and Associates, Inc. 1 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA Exhibit B Ratio of Nan McKay Administrative Costs to Total Benefit Funds Spent Allocation Total Funds Spent Nan McKay Admin Cost Percentage of Nan McKay Admin Costs to Total ERA 1 $14,100,000.00 $856,800.00 6% ERA 2 Part 1 $9,111,726.84 $835,550.00 9.2% ERA 2 Part 2 $13,667,590.30 $1,253,325.00 9.2% ERA 3 Part 3 $4,690,410.79 $531,250.00 11.3% DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA / AC o® CERTIFICATE OF LIABILITY INSURANCE /Y DATE (MM/DDYYY) 1/18/2023 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 Spectrum Risk Management 74 Discovery Irvine, CA 92618 www.spectrumrisk.com 0077485 CONTACT NAME: Account Manager (A/C No Ext): 949-756-5730 (A/C,ANo): 949-756-5740 E-MAIL ADDRESS: office@spectrumrisk.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURED Nan Mckay and Associates, Inc. 1810 Gillespie Way #202 El Cajon CA 92020 INSURERB: Transportation Insurance Company 20494 INSURERC: Federal Insurance Company 20281 INSURERD: The Hanover Insurance Company 22292 INSURERE: Republic -Vanguard Insurance Company 40479 INSURER F : COVERAGES CERTIFICATE NUMBER: 72571049 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 (MM/DD/YYYYL, POLICY EXP (MM/DD/YYYY) LIMITS A i COMMERCIAL GENERAL LIABILITY ✓ 5094620901 OMED 4j O Ol 9/2 e v rb 9/25/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ✓ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1 ,000,000 EXP (Any one person) $ 1 0,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATELIMITAPPLIESPER: ✓ POLICY OTHER: PRO JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $2,000,000 $ B AUTOMOBILE ✓ LIABILITY ANY AUTO OWNED ✓ SCHEDULED AUTOS NON -OWNED AUTOS ONLY / 6025383632 ``� O �O ^ O� v` 9/25/2022 9/25/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A / UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE 1.294621188 X 9/25/2022 9/25/2023 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED ✓ RETENTION $1 0,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A / 7183-27-75 9/25/2022 9/25/2023 �/ STATUTE EERH E.L. EACH ACCIDENT $ 1 ,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A A D E Professional Liability Network Security/Privacy/Media Liab Crime coverage- Client Property Employment Practices Liab-3rd party 596375059 652339992 BD3 1007035 10 DVA106257400 9/25/2022 5/19/2022 5/4/2022 1/15/2023 9/25/2023 5/19/2023 5/4/2023 1/15/2024 $5,000,000 Per claim/Agg. Retention $50K $5,000,000 Per claim/Agg.- Retention $50K $1,000,000 limit/ Retention $10K $1,000,000 Each claim- Retention $175K DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is an additional insured with respect to the general liability and auto liability per the attached carrier forms. Primary and non-contributory wording applies per the attached blanket carrier form. Waiver of subrogation applies to the workers compensation per the attached carrier forms. CERTIFICATE HOLDER CANCELLATION City of Miami 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 f� latekiik>.,.._)„.- '� / Jim Waterhouse r1L �IY,7 / i ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 72571049 22-23 PKG, E/0, WC + 23-24 EPL Ginnie Bustamante 1/18/2023 4:30:34 PM (PST) Page 1 of 14 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA 20020004960210741499947 SOMINIMMINI 11111111111111111 CNA SB146932G (Ed. 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured — Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary — Noncontributory provision 1.b. Definition of "written contract" 2. Additional Insured — Extended Coverage II. Liability Extension Coverages A. Bodily Injury — Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. `A Fellow Employee First Aid E. Legal Liability — Damage to Premises O F. Personal and Advertising Injury — Discrimin i t1�r Humiliation G. Personal and Advertising Injury — Broadenvia t/ H. Waiver of Subrogation — Blanket n r‘� I. BLANKET ADDITIONAL INSURED PROV A. ADDITIONAL INSURED — BLAN 0 Who Is An Insured is amended t) i elud " n additional insured any person or organization (referred to below as vendor) with whom you agreed under "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or g. " 0 SB146932G (10-19) Page 1 of 7 Copyright, CNA All Rights Reserved. DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA CNA 5094620901 CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 41' All other terms and conditions of the Policy remain unchanged. GV � p J C �o Q— ►�, o Q P CNA80103XX (09-14) Page 1 of 1 Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission 72571049 1 22-23 PKG, E/O, WC + 23-24 EPL I Ginnie Bustamante i 1/18/2023 4:30:34 PM (PST) I Page 9 of 14 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC000313 WC 124 (4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on (DATE) Policy No. 7183-27-75 09/25/2022 of the Continental Casualty Company issued to Nan Mckay and Associates, Inc. Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable f fl injury covered by this policy. We will not enforce our right against the person or organization named in h `Schedule. This agreement applies only to the extent that you perform work under a written contract that requu to obtain this agreement from us.* This agreement shall not operate directly or indirectly to be `y one not named in the Schedule. Sch(dule f' (<9 ® BLANKET WAIVER ANY PERSON OR scY 4c!.. ,NN, 14! ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER WC 124 (4-84) WC000313 Copyright 1983 National Council on Compensation Insurance. 72571049 122-23 PKG, E/O, WC + 23-24 EPL 1 Ginnie Bustamante 1/18/2023 4:30:34 PM (PST) 1 Page 10 of 14 Page 1 of 1 Q( y 1 (111n 11111 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA 6025383632 Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT — BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. LIABILTY COVERAGE Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its Inc ion date, whichever is earlier. b. Does not apply to: 1i (1) "Bodily injury" or "property damage" caused by formed the organization; or (2) Any such organization that is an "in coverage. 3. Any person or organization that you are contract or agreement is an insured, bu person for whom Liability Coverage isa ccident" that occurred before you acquired or under any other liability "policy" providing "auto" rovide Insurance where required by a written ct to legal responsibility for acts or omissions of a this policy. 4. An "employee" of yours is an "in-."" wf erating an "auto" hired or rented under a contract or agreement in that "employee' '�i. e, �wiji our permission, while performing duties related to the conduct of your business. Op(� "Policy," as used in this provi ? . Who )An Insured, includes those policies that were in force on the ez- inception date of this Covera rm but: 1. Which are no longer in orce; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing Section III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide. a. $60 per day, in lieu of $20; subject to 72571049 1 22-23 PKG, E/O, WC + 23-24 EPL [ Ginnie Bustamante i 1/18/2023 4:30:34 PM (PST) I Page 11 of 14 Q( y)'2innn 11111 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA Page 2 of 4 b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to Section III, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an "insured"; and (2) In or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to Section III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiratioh the lesser of the following number of days: (a) The number of days reasonably required to rereplace the covered "auto"; or, (b) 15 days. 2. Our payment is limited to the lesser of the f I g Mounts: (a) Necessary and actual expenses inc _re (b) $25 per day subject to a maxi mu 3_ This coverage does not apply wh - er ajVspare nr reserve "autos" availahle to yn(i fnr yniir operations. 4. If "loss" results from the tota ed "auto" of the private passenger type, we will pay under this coverage only that ar,l, of ental reimbursement expenses which is not already provided for under the Physical ge Coge Extension. G. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by the or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident." H. Airbag Coverage The following is added to Section III, Paragraph B.3. 72571049 1 22-23 PKG, E/O, WC + 23-24 EPL I Ginnie Bustamante i 1/18/2023 4:30:34 PM (PST) I Page 12 of 14 Q( y)'2innn 11111 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA Page 3 of 4 The accidental discharge of an airbag shall not be considered mechanical breakdown. I. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution In Value The following is added to Section III, Paragraph B.6. Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related Lu the uunduuL of your business, and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. C. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any ne accident is the lesser of: (1) $5,000; or <� I (2) 20% of the "auto's" actual cash value (ACV) V III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a and for Physical Damage Coverage whili0fne rf custody or control of, any of your "executive officers," except: :� a. An "auto" owned by that "executiv��f er"(�� VFiember of that person's household; or b. An "auto" used by that "executifvvV icer'rltISI� working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physic agcZvcragc as is affordcd by this provision will bc: (1) Equal to the greof those coverages afforded any covered "auto"; and (2) Excess over any drher collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory Section IV, Paragraphs 7.(5).(a). is revised to provide: o" for Liability Coverage while being used by, 72571049 1 22-23 PKG, E/O, WC + 23-24 EPL I Ginnie Eustamante i 1/18/2023 4:30:34 PM (PST) I Page 13 of 14 Q( y)'2innn 11111 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA Page 4 of 4 a. 45 days of coverage in lieu of 30 days V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these 72571049 1 22-23 PKG, E/O, WC + 23-24 EPL I Ginnie Sustamante i 1/18/2023 4:30:34 PM (PST) I Page 14 of 14 DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA From: To: Cc: Subject: Date: Attachments: Gomez Jr., Francisco (Frank) Carbonell, Aileen Quevedo, Terry RE: PROCUREMENT INSURANCE REVIEW FOR NAN MCKAY AND ASSOCIATES INC COI Friday, January 20, 2023 6:35:41 AM image002.pnq Good morning Aileen, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I 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: Thursday, January 19, 2023 4:06 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR NAN MCKAY AND ASSOCIATES INC COI Importance: High Good afternoon, Please review the insurance attached at your earliest convenience and advise if adequate according DocuSign Envelope ID: A063D375-053C-4136-8F5E-14D450220DEA 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: acarbonellPmiamigov.com Remit W9 to: PurchasingSupplierAdmins(@miamigov.com Website: https://beta.miamigov.com/Government/Departments-Organizations/Procurement 1' eS) <<45):C99$9/ 519/ GV "Serving, Enhancing, airming 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: Friday, February 3, 2023 11:17 AM To: Hannon, Todd Cc: Olivera, Rosemary; Lee, Denise; Cabrera, Paola; Velez, Pablo Subject: Matter 22-3378 - Supplemental Agreement Nan McKay and Associates, Inc Attachments: Supplemental Agreement Nan McKay and Associates, 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, airnee garcdwriaa 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 Eagandarilla@miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement 1 ti -},png, Enhancing, and Transforming our Community" 1