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HomeMy WebLinkAbout24381AGREEMENT INFORMATION AGREEMENT NUMBER 24381 NAME/TYPE OF AGREEMENT NATURE LINKS FOR LIFELONG LEARNING, ING. DESCRIPTION ONE-YEAR OPTION TO RENEW AGREEMENT/CONTINUING VOCATIONAL EDUCATION THAT WILL ALLOW THEM TO ACQUIRE SKILLS FOR EMPLOYMENT/FILE ID: 1530/R-17- 0049/MATTER ID: 18-2684/#7 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/11/2019 DATE RECEIVED FROM ISSUING DEPT. 4/28/2023 NOTE 18-2684 v1 RFA ONE-YEAR OPTION TO RENEW THE AGREEMENT BETWEEN CITY OF MIAMI AND NATURE LINKS.FOR LIFE LONG LEARNING, INC. This Option :to Renew Agreement("Option:to.Renew Agreement") is made and entered into this _ day of , 2019, (but effective as of January 1, 2019, "Effective Date") by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 44.4 S.W. 2nd Avenue, l0th Floor, Miami, Florida 33130 (the "City") and Nature Links for Lifelong Learning, Inc., a Florida not for profit corporation, whose principal address is. c/o Shake a Leg Miami, 2620 South Bayshore Drive, Miami, FL 33133 (the "Contractor"). W ITN ESSETH: WHEREAS, pursuant to Resolution No. R-17-0049, adopted by the Miami City Commission on January 26, 2017 (the "Authorizing Resolution"), the City entered into a contract on March 24, 2017 ("Contract"), with the Contractor, in order to "establish a cooperative effort program that provides young adults with disabilitiesbetween the ages of eighteen (18) and thirty (30) with continuing vocational education that will allow them to acquire skills that will lead to employment" for a one (1) year period for an annual amount not to exceed Seven Thousand Five Hundred Dollars and Zero Cents ($7,500.00) for "direct support of program operating costs," and Nineteen Thousand Two Hundred Seventy -Nine Dollars and Zero Cents ($19,279.00) for "a part-time program assistant," for a total amount not to exceed Twenty - Six Thousand Seven Hundred Seventy -Nine Dollars and Zero Cents ($26,779.00); and WHEREAS, the Contract provided for one (1) additional one (1) year Option to Renew, subject to the availability of funding and the Contractor's performance; and WHEREAS, the City Manager is exercising the Option to Renew for a one (1) year term, and the Contractor is willing to provide the services, under the same terms and conditions set forth in the Contract, for a total amount not to exceed Twenty -Six Thousand Seven Hundred Seventy -Nine Dollars and Zero Cents ($26,779.00); NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants contained herein the parties hereby agree as follows: 1. EXERCISING THE ONE (1) YEAR OPTION TO RENEW: Article 2 of the Contract is amended to exercise the Option to Renew. The effective term of the exercised one (1) year Option to Renew begins on January 1, 2019 and ends on December 31, 2019. 2. RECITALS, INCORPORATIONS. AND UPDATED REQUIREMENTS: The recitals are true and correct and are hereby incorporated into and made a part ofthis Option to Renew Agreement. The •City's Authorizing Resolution, the Contract and its Amendments, and all exhibits/attachments thereto are hereby incorporated, made_a part ofthis Option. to Renew Agreement, and attached hereto as Composite Exhibit "A." The Contractor's updated insurance requirements, bonding requirements (if applicable), and corporate authorization are hereby incorporated, made a part of this Page 1 of 3 18-2684 v1• RFA Option to Renew Agreement and attached hereto as Composite Exhibit "B." This Option to Renew Agreement and its Amendments, including all Exhibits hereto shall collectively form the agreement between the parties. 3. AGREEMENT TERMS: Except as specifically modified herein, all terms and conditions, representations, warranties, and covenantsof the Contract remainunchanged and in full force and effect. 4. PUBLIC RECORDS REQUEST: The Contractor understands that the public shall have access, at all reasonable times, to all documents: and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and the Contractor agrees to allow access by the City and the.public to all documents subjectto disclosure under applicable law unless there is a specific.exemption from such access. The Contractor's failure.or refusal to comply with the provisions of this section shall result in immediate termination of the Option to Renew Agreement by the City. Pursuant to the provisions of Section 119.0701, Florida Statutes, the Contractor must comply with the Florida Public Records Laws, specifically the Contractor must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the City in a format compatible with the information technology systems of the public agency. The Contractor agrees that any.of the obligations in this section will survive the term, termination and cancellation hereof. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION, OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS OPTION TO RENEW :AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING.ADDRESS: PUBLIC RECORDS. C/O OFFICE OF THE CITY ATTORNEY,9T" FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S PARKS AND RECREATION DEPARTMENT CUSTODIAN OF RECORDS AT 8TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130. 5. AMENDMENTS: This Option to Renew Agreement may not be amended, suspended, superseded or otherwise modified except by a written instrument, expressly identifying the modifications made and signed by the authorized representative of each of_the parties [Signature Page to Follow] Page 2 of 3 18-2684 v1 RFA IN WITNESS WHEREOF the parties hereto have executed this Option to Renew Agreement on the day and date of first above written in three (3) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract.* WITNESS: By: i S Jastial (SEAL) ATTEST: Todd Hanno Date: f APPROVE[l'ASTO �(ISU,RA( APPROVED AS TO ORM AND REQUIREMENTS CORRECTNESS; CONTRACTOR: Nature Links, Inc., a Florida Corporation CITY: CITY OF MIAMI, a municipal corporation of the State of Florida alez, City Manager Ann -Marie SHarpe Director of Risk -Management AUTHORIZED BY RESOLUTION NO. 17-0049 Victor . Mendez, - City At *BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART AS EXHIBIT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE OPTION TO RENEW AGREEMENT TO DO SO ON ITS BEHALF. Page 3 of 3 EX: IBIT AFFILIATING AGREEMENT BETWEEN CITY OF MIAMI AND NATURE LINKS FOR LIFE LONG LEARNING This Amendment to the Affiliating Agreement, (referred to as the Agreement) is entered into thiso9i41 day of March , 2017, but is effective as of January 1, 2017 (the "Effective Date") by and between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as CITY) and Nature Links for Lifelong Learning, a Florida not for profit corporation , (hereinafter referred to as (NL and/or CONTRACTOR ), (who are collectively hereinafter referred to as PARTIES); WHEREAS, by Resolution R- F1-0041 adopted onZifl , 2017 the City has extended the term of the Agreement through December 31, 2018, and to amend certain portions of the Agreement pursuant to this Amendment; and, WHEREAS, the program identified as Nature Links for Life Long Learning has proven to be beneficial for the community including young adults aged 18 to 30 with disabilities ; and , WHEREAS, the necessary findings and approvals provided for in 18-86 of the City Code having been made and this Agreement is being approved by a 4/5th vote of the City Commission ; and, NOW THEREFORE, in consideration of mutual covenants herein contained other good and valuable consideration, the receipt of which is hereby acknowledged, PARTIES agree as follows: 1. PARTIES intend for this Agreement to form the basis of the implementation of Nature Links for Lifelong Learning. The program Nature Links for Lifelong Learning is 1 Doc: 565428 defined as a community outreach program that provides continuing education to employable 18 to 30 year old young adults with developmental disabilities that are seeking specialized vocational education that will lead to employment. Nature Links will also partner with Miami -Dade Public Schools, and other educational and non-profit and private corporations. Its goal is for young adults to learn employability and job skills while participating in a variety of learning opportunities which lead to competitive employment, continuing education, and independent life skills. 2. The effective term of this Agreement is made to be effective from January 1, 2017 through December 31, 2018. The City Manager shall have the option to renew this Agreement for 1 additional period of 1 year each under the same terms and conditions by giving NL 30 days advance written notice of such renewal in the manner provided by Section 25. 3. This Agreement may be terminated by any of the PARTIES at any time, for convenience, by giving the other PARTIES notice in writing at least thirty (30) days prior to the intended termination date. In the event of an issue involving health, safety or welfare of the individuals, the CITY Manager may terminate the Agreement immediately. The PARTIES shall have no recourse against each other for a termination under this section. 4. This Agreement may only be modified or amended by mutual written consent of the PARTIES in the form of an Amendment. 5. Overall on -site implementation and monitoring of this Agreement shall be carried out through cooperative efforts of the PARTIES administrative staffs. Scheduling, availability, and general direction of City staff will be decided by the City manager, or designee. 6. It is understood by PARTIES that all personnel provided by NL are subject to the rules and policies of CITY as stated below: (a). All CITY property, including, without limitation, keys, parking permits and identification cards issued to NL employees must be returned to CITY upon termination of Agreement. All CITY property may only be used by NL employees (but no other person or entity) for purposes in furtherance of this Agreement and for no other purpose whatsoever. 2 Doc: 565428 (b). NL employees and students are subject to all evacuation policies and procedures. (c). NL employees and students are subject to all applicable parking rules, fees, surcharges or charges, if any, and regulations. 7. Facilities and Support Services With reference to program Facilities and Support Services, Parties agree to the following: (a). CITY shall: Provide a city part time program assistant for a maximum of twenty five (25) hours per week; the staff will be assigned to work directly with Nature Links at and approved location. The staff person will be required to punch in and out at a designated location approved by both the City of Miami Parks and Recreation Department and Nature Links. The City of Miami Parks and Recreation will allocate $19,279.00 to fund a total of thirteen hundred hours (1300) at a rate of $14.83 an hour. The total amount provided for this position will be $19,279.00 per year. This amount, plus the $7,500 provided in subsection (iii) below represents a maximum annual amount not to be exceeded. The City of Miami Parks Department will not be required to provide a time frame to makeup hours or to use the allotted funds for other than their intended purpose. ii. Not be responsible for the content, management, supervision, direction or performance of the program. iii. Provide funding in the amount of $7,500.00 per year to be used in direct support of program operating costs. The City will retain any unexpended portion of these funds. (b). NL shall: Provide all staff required for the development, implementation, and management of the program. ii. Seek, write and comply with grants for the program. 3 Doc: 565428 iii. Develop and provide curriculum and instructional materials that encompass functional academics, transition, job development and job readiness. iv. Coordinate the program schedule and activities aligned to program definition. v. Develop and coordinate marketing the program. vi. Develop and coordinate the recruitment of 10-12 qualified students for the program. vii. Coordinate and execute fundraising activities and/or community events and manage revenues. viii. Develop, coordinate and maintain NL website. ix. Provide programmatic and/or space adaption, accommodations, and implement as necessary. 8. Indemnification; Insurance With reference to liability, PARTIES agree to the following: (a). NL shall indemnify, defend and hold harmless the City and its officials, employees, and its designated third -party administrator(s) for claims (collectively referred to as "Indemnitees") and each of them from and against all Toss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or Toss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Service(s) contemplated by this Agreement (whether active or passive) of NL or its employees or subcontractors (collectively referred to as "NL") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the 4 Doc: 565428 lndemnitees, or any of them, or (ii) the failure of NL to comply materially with any of the requirements herein, or the failure of NL to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal, or state, in connection with the performance of this Agreement. NL expressly agrees to indemnify, defend, and hold harmless the lndemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of NL, or any of its subcontractors, as provided above, for which NL's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. NL further agrees to indemnify, defend, and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly or indirectly to NL's negligent performance under this Agreement, compliance with which is left by this Agreement to NL, and (ii) any and all claims, and/or suits for labor and materials furnished by NL or utilized in the performance of this Agreement or otherwise. NL's obligations to indemnify, defend, and hold harmless the lndemnitees shall survive the termination and/or expiration of this Agreement. NL understands and agrees that any and all liabilities regarding the use of any subcontractor for Service(s) related to this Agreement shall be borne solely by NL throughout the duration of this Agreement and that this provision shall survive the termination of this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by NL Insurance 5 Doc: 565428 Throughout the term of this Agreement NL shall maintain the Insurance coverage required by the City Risk Management Dept. as shown on the attached Exhibit "A" in operative force and effect. 9. No Third Party Beneficiaries PARTIES expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any express or implied third party beneficiaries, third person or entity under this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 10. Conflict of interest NL is aware of the ethics and conflict of interest laws of the CITY (Code of the City of Miami, Florida, Chapter 2, Article V), of Miami -Dade County, Florida (Code of Miami - Dade County, Florida, Section 2-11.1), and of the State of Florida (as set forth in Chapter 113, Florida Statutes) and agree that they will fully comply in all respects with the terms thereof and any future amendments. 11. Governing Law & Venue This Agreement shall be construed and enforced according to the laws of the State • of Florida. The PARTIES hereto agree that venue for all federal, state and local matters, if any, arising under this Agreement shall be in the applicable respective federal, state, and/or local courts located in Miami -Dade County, Florida. Each PARTY waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the PARTIES consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The PARTIES irrevocably waive any rights to a jury trial. Each PARTY shall be responsible for its own attorneys' fees. 6 Doc: 565428 12. Emergency Response Plan CITY shall provide NL with a copy of their emergency response plan to be implemented in the event of a natural disaster or Toss of power in order to ensure the continuation of educational services to NL when permitted. All CITY contact numbers should be updated and given to NL at the beginning of the program year. 13. Confidentiality of Student Information: Public Records Compliance NL understands and agrees that it is subject to all federal and state laws relating to the confidentiality of student information. NL shall regard all student information as confidential and will not disclose the student information to any third party. NL understands that the City is subject to the Public Records Act, Chapter 119, Florida Statutes, unless such documents, data or other records are exempted by applicable Federal or State laws. To the extent required by § 119.0701 Fla. Stat. (as same may be amended or supplemented, from time to time) NL, as a service provider, must comply with the Florida public records laws, specifically NL must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same .terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 7 Doc: 565428 (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of NL upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. (e) All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (f) Should NL determine to dispute any public access provision required by Florida Statutes, then NL shall separately do so at its own expense and at no cost or liability to the City. IF THE CONTRACTOR NL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-416-1332, LMorlevAmiamigov.com , and 444 SW 2nd Ave. 14. Injury NL shall immediately complete an incident report in the event of any serious bodily injury to anyone within the scope of this Agreement. NL shall provide the CITY with written notification of the incident report immediately within two (2) hours of the incident. NL shall provide the CITY written notification within seven (7) days, if any legal action is filed as a result of such an injury. 15. Sexual harassment NL shall submit an incident report to the CITY in the event a client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by, as 8 Doc: 565428 applicable, a NL or CITY employee which NL, and CITY has knowledge thereof. NL shall provide the CITY written notification within three (3) working days if such an allegation is made. NL shall provide the CITY written notification within seven (7) days, if any legal action is filed as a result of such an alleged incident. 16. Access to records: audit NL shall provide the CITY access to all of its records which relate to this Agreement at its place of business during regular business hours. NL agrees to provide such assistance as may be necessary to facilitate their review or audit. This Agreement is subject to the inspection and audit rights of the City set forth in 18-100 to 18-102 of the City Code, which is deemed as being in corporate by reference herein in the event the City elects to conduct an inspection or an audit. 17. Background Screening Requirements NL agrees that NL and all of its employees who provide or may provide services under this Agreement have met background check screening requirements that are in compliance with Florida Statutes. NL agrees that it has an ongoing duty to maintain and update its policy on background check screening requirements to ensure their compliance with Florida. NL further agrees that failure to comply with the requirements of this section shall constitute a material breach of the Agreement entitling the CITY to terminate this Agreement immediately with no further responsibility to perform any other duties under this Agreement. 18. Druq-Free Workplace NL agrees to conduct general drug screening on all applicants for instructional and non -instructional positions within the agency. A negative screening result shall be required for employment. The cost of the drug screening will be borne by the respective entity or the employee. 9 Doc: 565428 19. ADA The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. 20. Entire Agreement This Agreement constitutes the sole and entire agreement between the PARTIES hereto relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set in this Agreement, including the Attachments hereto, are of no force and effect. No modification to, supplement of, deletion from, amendment or addition to this Agreement shall be valid unless in writing and executed by the properly authorized representatives of the PARTIES hereto. 21. Amendment No amendments to this Agreement shall be binding on either PARTY unless in writing and signed by both PARTIES. 22. Miscellaneous (a). Title and paragraph headings are for convenient reference and are not a part of this Agreement. (b). Subject to the provision of Article III, in the event of conflict between the terms of this Agreement and any terms or conditions in any attached document; the terms in this Agreement shall prevail. (c). No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. (d). Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall be 10 Doc: 565428 deemed modified to the extent necessary in order to conform with such laws, or not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. (e). Further Assurances. NL upon the request of the CITY shall execute such further instruments or documents as may be reasonably required by the CITY to implement the terms, conditions and provisions of this Agreement. 23. Discrimination The parties will not unlawfully discriminate against any person in the performance of this Agreement due to sex, race, national origin, race, creed, disability or sexual orientation. 24. Performance Evaluations The City conducts performance evaluations during and after completion of agreements with the Contractor, which are used as a basis for the awarding of future work as well advising the NLof its performance. 25. Notices 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. AS TO THE CITY: Daniel J. Alfonso, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 With Copy to: Kevin Kirwin, Parks Director 444 SW 2nd Ave., 8th Floor Miami, Florida 33130 11 Doc: 565428 AS TO NL: Gregory Bush Nature Links for Life Long Learning 6261 Coral Lake Drive Miami, Florida 33155 (H) 305-926-5001 (C) 305-926-5001 26. Independent Contractor The Contractor, NL, its employees, agents or representatives, shall be deemed to be independent contractors and not volunteers, 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. Contractor, its employees, agents or representatives, shall not be entitled to Florida Workers' Compensation benefits as an employee of the City. 27. Contingency Clause Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations in written policies, program goals, program budgets or applicable laws, rules or regulations, upon thirty (30) days written notice. 28. Cancellation for Convenience The CITY Manager may cancel this Agreement for convenience, following thirty (30) days' notice from the City Manager or his/ her designee, as provided in § 26 "Notices." There shall be no recourse against the City from such a cancellation. 29. Counterparts This Agreement may be executed in separate counterparts, with each counterpart creating a binding agreement as if there was one agreement signed by each party executing the counterpart. 12 Doc: 565428 13 Doc: 565428 IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be executed by their respective and duly authorized officers the day and year first above written. "CITY" CITY OF MIAMI, a Municipal Corporation ATTESTS: By. Daniel J. Alfonsd, City Manager y: Todd B. Hannon, City Clerk APPROVED AS TO LEGAL FORM AND APPROVED A CORRECTNESS: REQUIRE y:Y y: ctoria Mendez(City'Attorney Ake/ Anne -Marie Sha pe, Director Ci Attorney Risk !\Ilanagem nt Director k: '` y fl l�r�` �� 14 Doc: 565428 "N L" Nature Links for Life Long Learning Attest: By: 1 By: 1\c4-10,-0),,,,A Pn Nart e: regory Bush Print Name: Title: Authorized Officer Title: Secretary or other Authorized p 40)--6 Officer 15 Doc: 565428 EXHIBIT A INSURANCE REQUIREMENTS for NATURE LINKS FOR LIFE LONG LEARNING Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000. General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 II. Endorsements Required City of Miami listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement III. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami listed as an additional insured IV. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability $ 300,000 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit 16 Doc: 565428 IV. Sexual Abuse & Molestation Coverage $100,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 17 Doc: 565428 EXHIBIT Miami) FL Reso{utio R-17-0049 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(a)(3)(c) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATING AGREEMENT, IN SUBSTA TIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THROUGH THE DEPARTMENT OF PARKS AND RECREATION, AND NATURE LINKS FOR LIFELONG LEARNING ("NL"), FOR THE PURPOSE OF ESTABLISHING A COOPERATIVE EFFORT TO PROVIDE YOUNG ADULTS WITH DISABILITIES BETWEEN THE AGES OF EIGHTEEN (18) AND THIRTY (30) C NTINUING VOCATIONAL EDUCATION THAT WILL ALLOW THEM TO ACQUIRE SKILLS THAT WILL LEAD TO EMPLOYMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS TO THE AFFILIATING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PERIO:r COMMENCING JANUARY 1, 2017 THROUGH DECEMBER 31, 2018, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR UNDER THE SAME TERMS AND C NDITIONS. Information Department: Category: Attachments Department of Parks and Sponsors: Recreation Other Agenda Summary and Legislation 1530 Exhibit 1530 Memo - Manager's Approval 1530 Notice to the Public 1530 Pre -Legislation Financial Impact S$80,340.00 (for the entire contract period) Special Revenue Account No: 00001.291001.882000.0.0 Body/Legislation WHEREAS, the City Commission, pursuant to Resolution No. 13-0285, adopted on July 25, 2013, has previously contracted successfully with Nature Links for Life Long Learning, a Florida not for profit corporation ("NL"); and WHEREAS, the City Manager finds that the competitive negotiation procedures are not practicable or advantageous pursuant to Section 18-86(a)(c)(3) of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City of Miami ("City"), through the Department of Parks and Recreation ("Parks"), wishes to establish a cooperative effort program that provides young adults with disabilities between the ages of eighteen (18) and thirty (30) with continuing vocational education that will allow them to acquire skills that will lead to employment ("Program"); and WHEREAS, the Affiliating Agreement ("Agreement") implementing the Program provides for compliance with federal, state and local laws and regulations applying to the provision of educational programs and related services for young adults with disabilities; and WHEREAS, the City Manager is requesting authorization to negotiate and execute an Agreement, in substantially the attached form, setting forth the in -kind contributions of each agency for the successful implementation of the Program for the period of January 1, 2017 through December 31, 2018, with the option to extend for one (1) additional year; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of 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, in substantially the attached form, between the City, through Parks as the user Department, and NL, for the Program. Section 3. The City Manager is further authorized[1] to execute all other necessary documents, amendments, extensions, and modifications to the agreement, in a form acceptable to the City Attorney, for the period commencing January 1, 2017 through December 31, 2018, with the option to renew for one (1) additional year under the same terms and conditions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor[2] [1] The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Meeting History Jan 26, 2017 9:00 AMVideo City Commission RESULT: MOVER: SECONDER: AYES: Planning and Zoning ADOPTED [UNANIMOUS] Francis Suarez, Commissioner, District Four Ken Russell, Vice Chair Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Frank Carollo, Francis Suarez Select Language Powered by Govgle Translate EXHIBIT CORPORATE RESOLUTION AND CERTIFICATE OF INCUMBENCY WHEREAS, Nature Links for Lifelong Learning. Inc. desires to grant signing authority to certain person(s) described hereunder. RESOLVED, the above -named Corporation held a meeting of the Board of Directors on , whereby_ Gregory Wallace Bush and Jennifer Carr Balfe were authorized to enter in a One Year Option to Renew Agreement and an Amendment to the Affiliation Agreement between the City of Miami and Nature Links for Life Long Learning, with the City of Miami. Gregory Wallace Bush and Jennifer Carr Balfe were thereby duly authorized to sign all documents necessary to bind Nature Links for Lifelong Learning. Inc. to the agreement(s). The undersigned hereby certifies that he/she is the duly elected and qualified Secretary and the custodian of the books and records and seal of above -named Corporation, a corporation duly formed pursuant to the laws of the state of Florida and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above -named Corporation, and that said resolution is now in full force and effect without modification or rescission. z Y' IN WITNESS WHEREOF, I have executed my name as Secretary of the above -named Corporation on this day of �vL7 ,2019. By: AC r Corpora ecretary Signature Print Name: • hn De Leon WLEDGED: Autho : Signatory igna Print Name: Gregory W. Bush Title: President SEAL J� Nature Links 2620 South Bayshore Drive Miami FL 33133 T 305-965-0918 knnahilfce ah xF4ink4 nat WWW nah (ppnk4 r .t Naturei-r-:•., . Nance L iks for Lifelong City of Miami 444 S.W 2nd Ave Miami, Fl 33130 Date 1/7/19 Greetings, Nature Unks for Lifelong Learning officially has three part-time employees. All are exempt from Workers Compensation from the Nature Unks Insurance. Nature Links Corporate Officers are also exempt from Workers Compensation. Sincerel , Jenne Balfe Executive Director for Nature Unks for Lifelong Learning A`R o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMDD/YYYY) O8/05/2019 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 po icy, 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 NEA Insurance Group, LLC 8700 W Flagler St., Suite 401 Miami FL 33174 CONTACT Joyce Corp NAME: (AHC,NN , Ext): (305) 221-2400 _ j arc, No): (305) 221-2411 E-MAILDRESS: joyce@jmprivate.com AD INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : AmTrust North America INSURED Nature Links for Lifelong Learning, Inc. 2620 S Bayshore Drive Miami FL 33133 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL198502393 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 TYPE OF INSURANCE NSD S wM D POLICY NUMBER POLICYUBH EFF SPOLICY MM DDnYYY) EXPnrn 1MM/DD/Y LIMITS A X COMMERCIAL GENERAL LIABILITY Y WPP162613100 04/18/2019 04/18/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100000 $ , MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE X POUCY OTHER: LIMIT APPLIES JET PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OPAGG $ 3,000,000 Hired/borrowed s 1,000,000 A AUTOMOBILE XHIRED — LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY x _AUTOS SCHEDULED AUTOS NON -OWNED ONLY WPP162613100 04/18/2019 04/18/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below y / N N / A PER STATUTE OTH- ER E.L EACH ACCIDENT S E.L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Sex/Phys Abuse,Social Work, Foster Care & Counseling Liability 1NPP162613100 04/18/2019 04/18/2020 Each Ocurrence General Aggregate $1,000,000 $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami listed as Additional Insured, Primary and Non -Contributory as per endorsement made part of the policy. ., -. J/ CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 8th Floor Miami I FL 33130 t 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 L% (/— ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �, ® A`R o. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/05/2019 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: NEA Insurance Group, LLC • 8700 W. Flagler St., Suite 401 ' Miami FL 33174 CONTACT. Joyce Corp " NAME: (A/C, No, Ext): (305)• 221-2400 AXX, No): (305) 221-2411 E-MAIL joyce@jmprivate.com ce@jmprivate.com , ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: AmTrustNorthAmerica INSURED Nature Links for Lifelong Learning, Inc. 2620 S Bayshore Drive Miami FL 33133 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : • CL198502393 REVISION NUMBER: v 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 POLIC ES 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 I TYPE OF INSURANCE ADDL INSD SUER WVD1 POLICY NUMBER POLICY EFF (MM/DDIYYYY) . POLICY EXP (MM/DD/YYYY) LIMITS A ' X COMMERCIAL GENERAL LIABILITY Y WPP162613100 04/18/2019 04/18/2020 EACH OCCURRENCE $ 1,000,000 .DAMAGE TO RENTED PREMISES (Ea occurrence) 100000 $ , CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEEN'LAGGREGATE X POLICY" OTHER: LIMIT APPLIES PER: JEI° LOC PRODUCTS-COMP/OPAGG $ 3,000,000 Hired/borrowed $ 1,000,000 A AUTOMOBILE _ X - LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY WPP162613100 04/18/2019 _ 04/18/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L.DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Sex/Phys Abuse,Social Work, Foster Care & Counseling Liability WPP.162613100 04/18/2019 04/18/2020 Each Ocurrence General Aggregate $1,000,000 $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami listed as Additional Insured, Primary and Non -Contributory as per endorsement made part of the policy. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 8th 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 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1,43 01