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HomeMy WebLinkAbout26317AGREEMENT INFORMATION AGREEMENT NUMBER 26317 NAME/TYPE OF AGREEMENT FLORIDA INTERNATIONAL UNIVERSITY FOUNDATION, INC. DESCRIPTION GRANT AGREEMENT/ROSADO MIAMI SCHOLARS AWARD/FILE ID: 19265/R-26-0238 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 10/14/2026 DATE RECEIVED FROM ISSUING DEPT. 10/14/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Economic Innovation & Development DEPT. CONTACT PERSON: JENNIFER MOY EXT. 305-416-1588 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: FLORIDA INTERNATIONAL UNIVERSITY IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES • NO TOTAL CONTRACT AMOUNT: $ 31,000 FUNDING INVOLVED? ❑■ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑■ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) ROSADO MIAMI SCHOLARS AWARD (FIU) PURPOSE OF ITEM (BRIEF SUMMARY): MATTER ID: 26-2209 COMMISSION APPROVAL DATE: 05 / 28 / 2026 FILE ID: 19265 ENACTMENT NO.: R-26-0238 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR October 6, 2026 PRINT: 112:51:28 EDT SIGNATURE: DocuSigned by: L ? � l Lam', SUBMITTED TO RISK MANAGEMENT October 6, 2026 PRINT: 112:58:16 EDT SIGNATURE: 1 135A461-4*4*E109... (—Signed by: Fr �wt1A7 `-- 2730566318214E7... SUBMITTED TO CITY ATTORNEY Initial FN RA October 6, 2026 PRINT: 114:39:24 EDT Signed by: ��/ �USbIAI� HiSIGNATURE: 0_ `-887 l 82-488... APPROVAL BY ASSISTANT CITY MANAGER October 6, 2026 PRINT: 1 15:07:23 EDT SIGNATURE: PRINT: 1 11:58:14 EDT SIGNATURE: .F ,—DocuSigned by: uta Pa4d.1 `-5E45D4OAB31g54@C... APPROVAL BY DEPUTY CITY MANAGER October 7, 2026 DocuSigned by: Na C'clt(n oo�i-(,l� 84B700975DEA_41R RECEIVED BY CITY MANAGER October 14, 2026 PRINT: I 09:59:20 EDT SIGNATURE: Signed by: A68c256F2C6A478... PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER AGREEMENT between CITY OF MIAMI and FLORIDA INTERNATIONAL UNIVERSITY FOUNDATION, INC. on behalf of FLORIDA INTERNATIONAL UNIVERSITY This Agreement is between the City of Miami (the "City") and Florida International University Foundation, Inc. (the "Foundation"), on behalf of Florida International University (the "University"). This Agreement concerns the purpose, conditions, recognition, and administration of the City's commitment to the Foundation, totaling Thirty -One Thousand and 00/100 Dollars ($31,000.00) (the "Funds"). 1. Public Purpose Pursuant to City Resolution R-26-0238, attached and incorporated as Exhibit A, the City wishes to further the charitable and educational purposes of the University and Foundation by establishing the Rosado Miami Scholars Award (the "Scholarship"). The Scholarship shall be used to provide need -based scholarships to the University's undergraduate students who are City residents, prioritizing students in the University's College of Arts, Sciences & Education ("CASE") and who are facing emergencies or hardships. 2. Eligibility Criteria and Selection Procedure a. Eligibility criteria for the Scholarship are as follows: i. The Scholarship will be awarded to students enrolled in or accepted for admission to the University who are residents of the City of Miami. ii. Preference shall be given to students enrolled in the College of Arts, Sciences & Education ("CASE") and to students experiencing financial emergencies or hardship. b. Selection procedure for the scholarship is as follows: i. Advertising of the Scholarship and selection of the recipient(s) will be undertaken in accordance with the University's standard scholarship selection procedures. ii. The Scholarship will be administered consistently with standard university procedures, provided that all awards comply with the eligibility criteria and preferences described above. iii. Each Scholarship award shall be One Thousand and 00/100 Dollars ($1,000.00) per recipient for one (1) academic semester. The Foundation shall award Thirty -One Thousand and 00/100 Dollars ($31,000.00) of the Funds during the 2026-2027 academic year, divided between the Fall 2026 and Spring 2027 academic semesters. Gift Agreement Page 2 of 11 3. Schedule and Form of Contribution a. In April 2026, the Foundation received an initial disbursement of Funds in the amount of Fifteen Thousand Five Hundred and 00/100 Dollars ($15,500.00). The City agrees to make an additional one-time payment of Fifteen Thousand Five Hundred and 00/100 Dollars ($15,500.00) on or before December 31, 2026. b. The City acknowledges that adherence to the foregoing payment schedule is essential to the timely implementation and administration of the Scholarship. c. The funds may be prepaid. d. The City may have the option to make payment(s) via give.fiu.edu or by mail with check(s) payable to the FIU Foundation, Inc. 11200 SW 8th Street, MARC 5th Floor, Miami, FL 33199. e. For inquiries and/or pledge reminders, the City wishes to be contacted as indicated below: James Reyes City Manager 444 SW 2nd Avenue, loth Floor Miami, FL 33130 jareyes@miamigov.com With copies to: George K. Wysong III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 gwysong@miamigov.com 4. Administration a. This Agreement will be part of the Foundation's records and is intended as a guide to those who will administer the Scholarship in the future. b. The Foundation, the University's tax-exempt, 501(c)(3) direct support organization, will serve as recipient of this Funds. Under Internal Revenue Code sections 170(b)(1)(A), 170(c), 2055 and 2522, donors to the Foundation are entitled to a charitable contribution deduction. For tax purposes, the Foundation will provide the City with an acknowledgment of the City's charitable contribution in accordance with applicable law. c. The Dean/Director of the FIU Office of Scholarships shall administer the Scholarship in accordance with the provisions of this Agreement and in conformity with all applicable laws and/or University policies and regulations, as may be amended from time to time. Gift Agreement Page 3 of 11 cl. The City shall not receive any goods and services in exchange for this donation. 5. Amendment The City and the Foundation may jointly amend this Agreement through subsequent written agreement. 6. Disposition of Funds Under Extenuating Circumstances. The parties intend that the Funds be used solely for the purposes and subject to the terms and conditions set forth in this Agreement. If the Funds can no longer be used for those purposes, the Foundation shall notify the City in writing and return any unexpended Funds to the City within five (5) business days after the Foundation discovers that the Funds cannot be used for their intended purpose. 7. Records, Inspections, Reports, and Audits To the extent required by law, the inspection and audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed incorporated by reference herein and additionally apply to this Agreement. The City shall have the right to conduct audits of Foundation's records pertaining to the Funds and shall have the right, at reasonable times, and for a period of up to three (3) years following the termination or expiration of this Agreement, to audit, or cause to be audited, those books and records of the Foundation which are related to Foundation's performance under this Agreement. The Foundation agrees to maintain all such books and records at its principal place of business for a period of three (3) years after the final disbursement or return of funds under this Agreement. The City may also inspect all Agreement records, facilities, goods, and activities of the Foundation which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any employees, subcontractors, or assignees of the Foundation as requested by the City. The Foundation understands, acknowledges, and agrees that: • The City must meet certain record -keeping and reporting requirements with regard to the Funds, and in order to enable the City to comply with such requirements, the Foundation shall maintain all records as required by the City; and • At the City's request, and no later than thirty (30) days thereafter, the Foundation shall deliver to the City such reports and written statements relating to the use of the Funds as the City may require from time to time; and • All costs and expenses of the activities described in this Agreement shall be at actual cost with no markups; and • The Foundation's failure to comply with these requirements, or the receipt or discovery (by monitoring, evaluation, or audit) by the City of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the City and the immediate repayment to the City of any and all Funds disbursed pursuant to this Agreement. Gift Agreement Page 4 of 11 8. Indemnification Subject to the limitations of Section 768.28 of the Florida Statutes, the Foundation shall indemnify, defend, and hold harmless the City and its officials and employees (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorneys' 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 loss of any property arising out of, resulting from, or in connection with: (i) the negligent performance or non- performance of the activities contemplated by this Agreement (whether active or passive) of the Foundation or its employees, contractors, or subcontractors, 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 any of them; or (ii) the failure of the Foundation to comply materially with any of the requirements herein, or the failure of the Foundation 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 even if it is alleged that the City, its officials, and/or employees were negligent. The Foundation expressly agrees to indemnify, defend, and hold harmless the Indemnitees, or any of them, from and against all Liabilities which may be asserted by an employee or former employee of the Foundation, or any of its subcontractors, as provided above, for which the Foundation's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. This provision shall survive the termination or expiration of this Agreement, as applicable. 9. Termination Rights The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to the Foundation at least five (5) business days prior to the effective date of such termination. In such event, the City shall have no obligation to disburse any Funds not yet disbursed and the Foundation shall immediately return any Funds already disbursed that have not yet been expended on approved purposes. In no event shall the City be liable to the Foundation for any consequential or incidental damages. 10. Public Records Pursuant to the provisions of section 119.0701, Florida Statutes, the Foundation must comply with the Florida public records laws. Specifically, the Foundation must: • Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. • 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 Chapter 119, Florida Statutes, or as otherwise provided by law. • Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. • Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Foundation upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Gift Agreement Page 5 of 11 • All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. IF THE FOUNDATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE FOUNDATION'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, OR 444 SW 2ND AVENUE, SUITE 945, MIAMI, FL 33130. 11. Anti -Human Trafficking Affidavit The Foundation confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Foundation shall execute and submit to the City an affidavit in compliance with Section 787.06(13), Florida Statutes, attached and incorporated as Exhibit C. If the Foundation fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to the Foundation for any additional compensation or for any consequential or incidental damages. 12. Insurance Requirements The required insurance, as approved the City's Department of Risk Management, shall be provided by the Foundation and all such proof shall be attached as an exhibit to this Agreement. Those entities/individuals required to be listed as additional insured by the City's Department of Risk Management shall be included on all insurance certificates and furnished by the Foundation. The Foundation shall, at all times during the term hereof, maintain insurance coverage in accordance with Exhibit D, attached and incorporated by this reference. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract. Execution of this Agreement is contingent upon the receipt of proper insurance documents. 13. Miscellaneous Considerations a. Governing Law. This Agreement will be construed in accordance with the laws of the State of Florida. In the event of any action arising under this Agreement, the venue of such action shall lie exclusively within the state courts of Florida located in Miami -Dade County, Florida, and the parties hereto specifically waive any other jurisdiction and venue. b. Severability. In the event that any provision contained in this Agreement is for any reason held to be invalid or unenforceable, such provision shall be ineffective to the minimum Gift Agreement Page 6 of 11 extent of such invalidity or unenforceability, and the remainder of this Agreement will remain valid and enforceable according to its terms with respect to all other circumstances. c. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties. The Foundation represents and certifies that it has full legal authority to enter into and perform this Agreement and that the individual executing this Agreement on behalf of the Foundation has been duly authorized to bind the Foundation to its terms. Documentation evidencing such authority is attached and incorporated as Exhibit B. d. Entire Agreement. This Agreement and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This Agreement may not be amended or modified except by a subsequent written instrument duly executed by the parties. e. Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. f. Effective Date. The effective date of this Agreement shall be the date on which it is fully executed. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] Gift Agreement Page 7 of 11 IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, on the day and year first above written. ATTEST: BY:Cee�/r NAME: 4i4"€/ Goer t�9 TITLE: C67 % VP VS/ of (aQore/ TITLE: Signed by: ATTEST: BY: E4-607.560-DEF1-4-59... Todd B. Hannon City Clerk DocuSigned by: c "FOUNDATION" FLORIDA INTERNATIONAL UNIVERSITY FOUNDATION, C. BY: NAME: Cc Insert Corporate Seal (if applicable) "CITY" THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA Signed by: BY: C256-a�8... James Reyes City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ,-Signed by: BY: 5-88776E9FE6S-248B... George K. Wysong III City Attorney Signed by: A,tor Mist < < < BY: %G6-31821-4E7... David Ruiz Interim Director of Risk Management Gift Agreement Page 8 of 11 EXHIBIT A AUTHORIZING RESOLUTION R-26-0238 City of Miami Resolution R-26-0238 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19265 Final Action Date: 5/28/2026 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 AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING FUNDS FROM THE DISTRICT FOUR (4) COMMISSIONER'S DISCRETIONARY ACCOUNT 15500.112000.548000.0.0, IN A TOTAL AMOUNT NOT TO EXCEED THIRTY-ONE THOUSAND AND 00/100 DOLLARS ($31,000.00), TO THE FLORIDA INTERNATIONAL UNIVERSITY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("FIU FOUNDATION"), TO ESTABLISH THE "ROSADO MIAMI SCHOLARS AWARD" SCHOLARSHIP INITIATIVE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIU FOUNDATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY AMENDMENTS, RENEWALS, EXTENSIONS, OR OTHER DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): Commissioner Ralph "Rafael" Rosado WHEREAS, the City of Miami's ("City") District Four (4) Commissioner ("Commissioner") wishes to establish the "Rosado Miami Scholars Award" scholarship initiative to provide need - based scholarships to Florida International University ("FIU") undergraduate students who are City residents, prioritizing students in the FIU College of Arts, Sciences & Education ("CASE") and who are facing emergencies or hardships (the "Scholarship"); and WHEREAS, the Florida International University Foundation, Inc. ("FIU Foundation"), a Florida not for profit corporation, was established in 1969 to encourage, solicit, receive, and administer gifts for scientific, educational, and charitable purposes for the advancement of FIU and its objectives; and WHEREAS, the Commissioner wishes to provide funds from the Commissioner's discretionary account 15500.112000.548000.0.0, in an amount not to exceed Thirty -One Thousand and 00/100 Dollars ($31,000.00) ("Funds") to the FIU Foundation to establish and implement the Scholarship; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a written finding and recommendation, City of Miami Page 1 of 2 File ID: 19265 (Revision: A) Printed On: 6/9/2026 File ID: 19265 Enactment Number: R-26-0238 attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous to the City; and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for said allocation of the Funds for the Scholarship; 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 herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written findings and recommendation, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous to the City are hereby ratified, approved, and confirmed and the requirements for said procedures are hereby waived. Section 3. The City Manager is authorized' to allocate the Funds to the FIU Foundation to establish and implement the Scholarship. Section 4. The City Manager is further authorized' to negotiate and execute a grant agreement, in a form acceptable to the City Attorney, with the FIU Foundation to establish and implement the Scholarship. Section 5. The City Manager is further authorized' to negotiate and execute any and all other necessary amendments, renewals, extensions, or other documents, all in forms acceptable to the City Attorney, for said purpose. Section 6. 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. City of Miami Page 2 of 2 File ID: 19265 (Revision: A) Printed on: 6/9/2026 Gift Agreement Page 9 of 11 EXHIBIT B PROOF OF AUTHORITY The undersigned certifies as follows: 1. FIU Foundation ("Company") desires to enter into an agreement with the City of Miami ("City"), substantially in the form of the agreement to which this Proof of Authority is attached or otherwise incorporated ("Agreement"). 2. The Company has reviewed and approved the Agreement in accordance with its governing documents and applicable law. 3. The Company has authorized Kenneth C. Hall ("Authorized Signatory"), in the Authorized Signatory's capacity as CEO of the Company, to execute the Agreement on behalf of the Company. 4. The Authorized Signatory is authorized to bind the Company to the terms and conditions of the Agreement and to execute any related documents, certificates, amendments, notices, or other instruments reasonably necessary to carry out the purposes of the Agreement. 5. The authority granted herein remains in full force and effect unless and until the City receives written notice from the Company revoking or modifying such authority. The undersigned executes this Proof of Authority on behalf of the Company as of this 2 j day of frA%`• s / ,20?6. Signature: Name: Kenve-IM ► Title: Cl.) Office Address: 11200 SW 8th Street MARC 5th Floor Miami FL 33199 Email: kenhall@fiu.edu Witness Signature: Corporate Seal, if applicable: Phone: 305-348-3758 Name: .// / ?Ere/ 66( T/-v [Alternative proof of authority documentation may be attached in lieu of this form subject to the City's acceptance and approval.] Gift Agreement Page 10 of 11 EXHIBIT C ANTI -HUMAN TRAFFICKING AFFIDAVIT The undersigned certifies as follows: 1. The undersigned entity or individual is authorized to transact business in the State of Florida ("Entity"). 2. The Entity is executing, renewing, or extending a contract, amendment, renewal, extension, or other agreement with the City of Miami ("City"), or with an agency, authority, board, trust, or other City entity constituting a governmental entity under Section 287.138, Florida Statutes, as amended. 3. The Entity is not in violation of Section 787.06, Florida Statutes, titled "Human Trafficking." 4. The Entity does not use coercion for labor or services, as those terms are defined in Section 787.06, Florida Statutes. 5. The individual signing this Affidavit is an officer, representative, or other authorized individual of the Entity and is authorized to execute this Affidavit on behalf of the Entity. Under penalties of perjury, I declare that I have read the foregoing Anti -Human Trafficking Affidavit and that the facts stated in it are true and correct. Legal Name of E ' it : IU Foundation Signature: Name: / ti�C7/C Title: Office Address: 11200 SW 8th Street MARC 5th Floor Miami, FL 33199 Email: kenhall@fiu.edu Phone: 305-348-3758 Gift Agreement Page 11 of 11 EXHIBIT D INSURANCE REQUIREMENTS I. State Risk Management Trust Fund General Liability Certificate of Coverage Name Insured: Florida International University General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28. Florida Statutes, and any rules promulgated thereunder. Coverage Limits General Liability: $200,000.00 Each Person $300,000.00 Each Occurrence Inception Date: July 1, 2026 Expiration Date: June 30, 2027 D&O FIU FOUNDATION Each Claim: $5,000,000.00 Policy Aggregate: $5,000,000.00 DEPARTMENT OF FINANCIAL SERVICES Division of Risk Management STATE RISK MANAGEMENT TRUST FUND GENERAL LIABILITY CERTIFICATE OF COVERAGE Policy Number: GL-0241 General Liability Certificate of Coverage Name Insured: Florida International University General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28, Florida Statutes, and any rules promulgated thereunder. Coverage Limits: General Liability: $200,000.00 each person $300,000.00 each occurrence Inception Date: July 1, 2026 Expiration Date: July 1, 2027 CHIEF FINANCIAL OFFICER DFS-DO-863 Effective 07/23 Rule 69H-2.004, F.A.C. DEPARTMENT OF FINANCIAL SERVICES Division of Risk Management STATE RISK MANAGEMENT TRUST FUND GENERAL LIABILITY CERTIFICATE OF COVERAGE In consideration of the provisions and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust Fund, hereinafter referred to as the "Fund", certifies that the State department or agency named in this certificate is hereby provided general liability coverage. Coverage shall be effective on the inception date at 12:01 a.m. standard time. This certificate is comprised of the foregoing provisions and stipulations, together with such other provisions and stipulations as may be added hereto by the Fund in the future: COVERAGES General Liability Coverage --Bodily and Property Damage To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any officer, employee, agent or volunteer of the named insured, as such terms may be further defined herein or by administrative rule, while acting within the scope of his office or employment, pursuant to the provisions and limitations of Chapter 284, Part II and Section 768.28, Florida Statutes. II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS With respect to such coverage as is afforded by this certificate, the Fund shall: (a) defend any proceeding against the insured seeking such benefits and any suit against the insured alleging such injury and seeking damages on account thereof, even if such proceeding or suit is groundless, false, or fraudulent. -The Fund will investigate all claims filed against the insured in order to determine the legal liability of the insured and to determine damages sustained by the claimant. The Fund will negotiate, settle, or deny the claim based on these findings and appropriate Florida law. (b) pay all premiums on bonds to release attachments and on appeal bonds required in any such defended suit for an amount not in excess of the applicable limit of liability established in this certificate; pay all expenses incurred by the Fund, all costs taxed against the insured in any such suit, and all interest accruing after entry of judgment until the Fund has paid, tendered, or deposited in court that part of such judgment as does not exceed the limit of the Fund's liability thereon; (d) pay expenses incurred by the insured for such immediate medical relief to others as shall be imperative at the time of the accident. (c) III. DEFINITIONS (a) Named Insured - The department or agency named herein. (b) Insured - State department or agency named herein, their officers, employees, agents or volunteers. Volunteer - Any person who of his own free will, provides goods or services to the named insured, with no monetary or material compensation as defined in Chapter 110, Part IV, Florida Statutes. (d) Agent - Any person not an employee, acting under the direct control and supervision of a state agency or department, for the benefit of a state agency or department. (e) Automobile - A land motor vehicle, trailer, or semi -trailer designed and licensed for use on public roads (including machinery or apparatus attached thereto), but does not include mobile equipment. Mobile Equipment - A land vehicle (including machinery or apparatus attached thereto), whether or not self-propelled; (1) not subject to motor vehicle registration, or (c) (f) DFS-DO-863 Effective 07/23 Rule 69H-2.004, F.A.C. (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or designed for use principally off public roads, or designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle; power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in - transit type); graders, scrapers, rollers and other road construction or repair equipment; air -compressors, pumps and generators, including spraying, welding, and building cleaning equipment; and geophysical exploration and well -servicing equipment. (3) (4) IV. EXCLUSIONS This certificate does not apply: (a) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: (1) any automobile owned or operated by or rented or loaned to any insured, or (2) any other automobile operated by any person in the course of his employment by any insured, but this exclusion does not apply to the parking of an automobile on premises owned by, rented to, or controlled by the named insured or the ways immediately adjoining, if such automobile is not owned by, rented, or loaned to any insured; (b) to any action which may be brought against the named insured by anyone who unlawfully participates in riot, unlawful assembly, public demonstration, mob violence, or civil disobedience if the claim arises out of such riot, unlawful assembly, public demonstration, mob violence, or civil disobedience; to any obligation for which the insured or the Fund may be held liable under any employer's liability or workers' compensation law; (d) to property damage to property owned or occupied by the insured; (e) to property damage to premises alienated by the insured arising out of such premises or any part thereof; to loss of use of tangible property which has not been physically injured or destroyed, resulting from: (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement; (2) the failure of the named insured's products, or work performed by or on behalf of the named insured to meet the level of performance, quality fitness, or durability warranted or represented by the named insured; to property damage to the named insured's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts, or equipment furnished in connection therewith; (c) (f) (9 ) (h) (i) eminent domain proceedings or damage to persons or property of others arising therefrom; (j) to punitive damages; (k) to actions of insureds committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property; to professional medical liability of the Board of Regents, the physicians, officers, employees, or agents of the Board; (m) to liability related in any way with nuclear energy; (n) to liability assumed by the insured under any contract or agreement; (o) to final judgments in which the insured has been determined to have caused the harm intentionally; to awards for injunctive, declaratory, or prospective relief rendered against an insured by any federal or state court, agency or commission. (I) (p) V. CONDITIONS A. Premium Premium charges shall be assessed in accordance with the provisions of Chapter 284, Part II, Florida Statutes, and any rules promulgated thereunder utilizing a retrospective rating arrangement premium calculation method whereby 80% of the premium is based on losses actually incurred by the insured and 20% is based on the changes in risk exposures (employees, etc.) of an insured. The premium must be paid promptly by an insured agency from its operating budget upon receiving the premium bill or invoice. B. Audit The Fund shall be permitted to examine and audit the insured's books and records at any time during the term of this coverage and any extension thereof, and within three years after the final termination of this coverage, as far as they relate to the premium bases or the subject matter of this coverage. C. Insured's Duties in the Event of Occurrence, Claim or Suit (1) Event of Occurrence Written notice containing particulars sufficient to identify the insured, along with reasonably obtainable information with respect to the time, place and circumstances thereof, the names and addresses of the injured and all known witnesses, shall immediately be given by or for the insured to the Fund. (2) Notice of Claim or Suit If claim is made by suit brought against the insured, the insured shall immediately forward to the Fund every demand, notice, summons, or other process received by him or his representative. Failure by the insured to advise the Fund of a claim or suit prior to a settlement agreement or the insured otherwise obligating itself, shall void coverage by the Fund, for that claim. Assistance and Cooperation of the Insured The insured shall cooperate with the Fund and, upon the Fund's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of injury or damage with respect to which coverage is afforded under this certificate, and the insured shall upon request, make available all agency records pertaining to a specific claim, shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expenses other than for first aid to others at the time of accident. (3) DFS-DO-863 Effective 07/23 Rule 69H-2.004, F.A.C. (4) Action Against the Fund No action shall lie against the Fund unless, as a condition precedent thereto, the insured shall have been in full compliance with all of the terms of this certificate and the provisions of applicable Florida Statutes. Severability of Interest The term "the insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the Fund's liability. (5) (6) Limits of Liability The limit of liability expressed as applicable to "each person" is the limit of the Fund's liability for all damages, including damages for care and loss of services, arising out of personal injury and property damage sustained by one person as a result of any one occurrence; but the total liability of the Fund for all damages sustained by two or more persons as a result of any one occurrence shall not exceed the limit of liability as applicable "each occurrence". (7) Other Insurance If there is insurance applicable to any claim, the coverage extended by this certificate shall apply only as excess insurance over any and all other applicable insurance. Terms of Coverage This certificate is issued for the purpose of confirming coverage as contemplated by Chapter 284, Part II, Florida Statutes. In the event of any conflict between provisions or coverages in this certificate and the provisions of any Florida Statutes or laws including, but not limited to the aforesaid, said statutes and laws shall control. Cancellation Failure of the Fund to receive the amount of premiums billed to the insured agency within the time frames allowed by law may result in cancellation of the certificate of coverage. Payments must be made promptly from the insured's operating budget upon receipt of the premium bill as specified in Section 284.36, Florida Statutes, and lack of prompt payment will result in a request from the Fund to the Comptroller to transfer premiums from any available funds of the delinquent agency under the provisions of Section 284.44(7), Florida Statutes. (8) (9) D. Self -Insurance Coverage Coverage for defending and paying claims under this certificate is provided under the authority of Chapter 284, Florida Statutes, wherein the state is authorized to administer a self-insurance program. Provision of this certificate does not constitute the issuance of insurance other than on a self-insurance basis, and payment of any covered claim obligations is contingent upon availability of legislative funding. DEPARTMENT OF FINANCIAL SERVICES Division of Risk Management STATE RISK MANAGEMENT TRUST FUND Policy Number: WC-0241 Name Insured: Florida International University Coverage Limits: State Employee Workers' Compensation and Employer's Liability Certificate of Coverage Coverage A - Compensation coverage is provided to comply with the applicable State Workers' Compensation, Occupational Disease Laws and any rule promulgated thereunder. Coverage B $200,000.00 each person $300,000.00 each occurrence Inception Date: July 1, 2026 Expiration Date: July 1, 2027 CHIEF FINANCIAL OFFICER DFS-D0-867 Effective 07/23 Rule 69H-2.004, F.A.C. Page 1 of 3 DEPARTMENT OF FINANCIAL SERVICES Division of Risk Management STATE RISK MANAGEMENT TRUST FUND STATE EMPLOYEE WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY CERTIFICATE OF COVERAGE In consideration of the provisions and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust Fund, hereinafter referred to as the "Fund", certifies that the State department or agency named in this certificate is hereby entitled to workers' compensation coverage as set forth in the Workers' Compensation Laws and to employer's legal liability coverage as established herein. Coverage shall be effective on the inception date at 12:01 a.m., standard time. This certificate is comprised of the foregoing provisions and stipulations, together with such other provisions and stipulations as may be added hereto by the Fund in the future: I. Coverages A. Coverage A - Workers' Compensation To pay promptly when due all compensation and other benefits required of the insured by the Workers' Compensation Laws. B. Coverage B - Employer's Liability To pay on behalf of the insured all sums which the insured shall become liable to pay as damages because of bodily injury by accident or disease, including death, at any time resulting therefrom, which are sustained by an employee of the insured and which arise out of and in the course of his employment with the insured in the United States of America, its territories or possessions, or while temporarily employed outside the United States of America, its territories or possessions. II. Defense, Settlement, Supplementary Payments As respects the insurance afforded by the other terms of this certificate, the Fund shall: (a) defend any proceeding against the insured seeking such benefits and any suit against the insured alleging such injury and seeking damages on account thereof, even if such proceeding or suit is groundless, false, or fraudulent. The Fund will investigate all claims filed against the insured in order to determine the legal liability of the insured and to determine damages sustained by the claimant. The Fund will negotiate, settle, or deny the claim based on these findings and appropriate Florida law. (b) pay all expenses incurred by the Fund, all costs taxed against the insured in any such proceeding or suit, and all interest accruing after entry of judgment until the Fund has paid, tendered, or deposited in court such part of such judgment as does not exceed the limit of the Fund's liability thereon; pay amounts incurred under this insuring certificate, except settlements of claims and suits, in addition to the amounts payable under Coverage A, or the applicable limit of liability under Coverage B. (c) III. Definitions (a) Workers' Compensation Law - The workers' compensation law and any occupational disease law of a state designated in this certificate, but does not include those provisions of any such law which provide non -occupational disability benefits. (b) State - Any state or territory of the United States of America and the District of Columbia. DFS-D0-867 Effective 07/23 Rule 69H-2.004, F.A.C. (c) Bodily Injury by Accident - Bodily Injury by Disease - The contraction of disease is not an accident within the meaning of the word "accident", as used in the term "bodily injury by accident", and only such disease as results directly from a bodily injury by accident is included within the term "bodily injury by accident". The term "bodily injury by disease" includes only such disease as is not included within the term "bodily injury by accident". (d) Assault and Battery - Under Coverage B, Assault and Battery shall be deemed an accident unless committed by or at the direction of the insured. IV. Applications of Coverage This certificate applies only to (1) injury by accident occurring during the coverage period, or (2) occupational injury by disease as such is defined by law which occurs during the coverage period. V. Exclusions This certificate does not apply under Coverage B: (a) to any claim or judgment for punitive damages; (b) to any claim for interest for the period prior to judgment; (c) to that portion of a claim or judgment which is in excess of the statutory limits of liability; (d) to liability assumed by the insured or any third party pursuant to any contract or agreement in writing; (e) to any obligation for which the named insured or any carrier as his insurer may be held liable under any workers' compensation, unemployment compensation or disability benefits laws, or under any similar law; to any action by officers, employees, agents, or volunteers as defined in Chapter 110, Part V, Florida Statutes, committed in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. (f) VI. Conditions: A. Premium Premium charges shall be assessed in accordance with the provisions of Chapter 284, Part II, Florida Statutes, and any rules promulgated thereunder utilizing a retrospective rating arrangement premium calculation method whereby 80% of the premium is based on losses actually incurred by the insured and 20% is based on the changes in risk exposures (employees, volunteers, etc.) of an insured. The premium must be paid promptly by an insured agency from its operating budget upon receiving the premium bill or invoice. Page 2 of 3 B. Inspection The Fund shall be permitted, but not obligated, to inspect at any reasonable time, the workplaces, operations, machinery, and equipment covered by this certificate. Neither the right to make inspections, nor the making thereof, nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the insured or others, to determine or warrant that such workplaces, operations, machinery, or equipment are safe. C. Insured's Duties in the Event of Injury, Claim or Suit (1) Notice of Injury When an injury occurs, notice shall be given immediately, in accordance with current reporting procedures by the insured to the Fund. Such notice shall contain particulars sufficient to identify the insured along with reasonably obtainable information respecting the time, place, circumstances of the injury, the names and addresses of the injured and all known witnesses. Such notice is to be directed to the Division of Risk Management, Bureau of State Employees' Workers' Compensation Claims, P. O. Box 8020, Tallahassee, Florida 32314-8020, or to contract service vendor in accordance with current reporting procedures. (2) Notice of Claim or Suit If claim is made or suit or other proceedings is brought against the insured, the insured shall immediately forward to the Fund every demand, notice, summons, or other process received by it or its representative. Assistance and Cooperation of the Insured The insured shall cooperate with the Fund, and at its request, shall attend hearings and trials, assist in effecting settlements, secure and give evidence, obtaining the attendance of witnesses. The insured shall not except at its own cost, voluntarily make any payment, assume any obligation, or incur any expense other than for such immediate medical and other services at the time of injury as are required by the Workers' Compensation Law. (4) Statutory Provisions - Coverage A The Fund shall be directly and primarily liable to any person entitled to the benefits of the Workers' Compensation Law under this certificate. The obligations of the Fund may be enforced by such person, or for his benefit, by any agency authorized by law, whether against the Fund alone or jointly with the insured. As between the employee and the Fund, notice or knowledge of the injury on the part of the insured shall be notice or knowledge, as the case may be, on the part of the Fund. The Fund shall, in all things, be bound by and subject to the findings, judgments, awards, decrees, orders or decisions rendered against the insured in the form and manner provided by law and within the terms, limitations, and provisions of this certificate not inconsistent with existing law. All of the provisions of the Workers' Compensation Law shall be and remain a part of this coverage as fully and completely as if written herein insofar as coverage applies to compensation and other benefits provided by this certificate and in respect to special taxes, payments into security or other special funds, and assessments required of or levied against compensation insurance carriers under the Workers' Compensation Law. The insured shall reimburse the Fund for any payments required of the Fund under the Workers' Compensation Law, which are made in excess of the benefits regularly provided by such law, solely (3) DFS-DO-867 Effective 07/23 Rule 69H-2.004, F.A.C. Page 3 of 3 (5) because of injury to (a) any employee by reason of the serious and willful misconduct of the insured, or (b) any employee employed by the insured in violation of law with the knowledge or acquiescence of the insured or any executive officer thereof. Limits of Liability - Coverage B The words "damages because of bodily injury by accident or disease, including death at any time resulting therefrom" in Coverage B include damages for care and loss of services and damages for which the insured is liable by reason of suits or claims brought against the insured by others because of such bodily injury sustained by employees of the insured arising out of and in the course of their employment. The limits of liability for Coverage B are those established by Section 768.28, Florida Statutes. (6) Other Insurance Coverage A - If the insured has other insurance against a loss covered by this certificate, the Fund shall not be liable to the insured hereunder for (1) a greater proportion of such loss than the amount which would have been payable under this certificate had no such other insurance existed, and (2) the amount which would have been payable under each other policy applicable to such loss had each such policy been the only policy so applicable. Coverage B - If there is a valid and collectible policy of insurance applicable to any otherwise valid claim hereunder, the coverage extended by this certificate shall not apply. (7) Subrogation In the event of any payment under this certificate, the Fund shall be subrogated to all rights of recovery therefor of the insured and any person entitled to the benefits of this coverage against any person or organization, and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. Cancellation Failure of the Fund to receive the amount of premiums billed to the insured agency within the time frames allowed by law may result in cancellation of the certificate of coverage. Payments must be made promptly from the insured's operating budget upon receipt of the premium bill as specified in Section 284.36, Florida Statutes, and lack of prompt payment will result in a request from the Fund to the Comptroller to transfer premiums from any available funds of the delinquent agency under the provisions of Section 284.44(7), Florida Statutes. Terms of Coverage Conformed to Statute Terms of this certificate which are in conflict with the provisions of the Workers' Compensation Law, or Section 768.28, Florida Statutes, are hereby amended to conform to such laws. (10) Self -Insurance Coverage Coverage for defending and paying claims under this certificate is provided under the authority of Chapter 284, Florida Statutes, wherein the state is authorized to administer a self-insurance program. Provision of this certificate does not constitute the issuance of insurance other than on a self-insurance basis, and payment of any covered claim obligations is contingent upon availability of legislative funding. (8) (9) Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Good morning Todd, LaFortune, Shellande Wednesday, October 14, 2026 11:46 AM Hannon, Todd; Olivera, Rosemary; Ewan, Nicole Carswell, Keith; Moy, Jennifer FW: City of Miami FH Scholarship for FY24-25 Questions for Review ROSADO MIAMI SCHOLARS AWARD (FIU) AGREEMENT fully executed.pdf Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Shellande "Shay" LaFortune Department of Economic Innovation & Development slafortune@miamigov.com P (305) 416-1527 The information contained in this message is intended only for the recipient. It may be privileged, confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, please be aware that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by replying to the message and deleting it from your computer. From: Hannon, Todd <thannon@miamigov.com> Sent: Wednesday, October 14, 2026 11:39 AM To: Cosio, Leonardo <LCosio@miamigov.com>; Moy, Jennifer <jmoy@miamigov.com>; Espinosa, Marissa <MEspinosa@miamigov.com>; Ewan, Nicole <newan@miamigov.com> Cc: Alban, Xavier E. <XEAlban@miamigov.com>; Cabrera, Anthony <AnCabrera@miamigov.com>; Del Oro, Jessica <JMDeloro@miamigov.com>; Carswell, Keith <KCarswell@miamigov.com>; LaFortune, Shellande <sLaFortune@miamigov.com>; Atkison, Nicholas <NAtkison@miamigov.com>; Espinosa, Marissa <MEspinosa@miamigov.com> Subject: RE: City of Miami FH Scholarship for FY24-25 Questions for Review Hi Leo, Alt done! Have a great day! Todd B. Hannon 1