Loading...
HomeMy WebLinkAboutExhibit BPROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI AND GREATER MIAMI SERVICE CORPS In connection with Resolution No: THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is between the City of Miami, a Florida municipal corporation whose address is 3500 Pan American Drive, Miami, Florida 33133 ("City") and the Greater Miami Service Corps, a non-profit Florida corporation, who is a youth service organization, whose address is 810 NW 28th Street, Miami, Florida 33127 (the "Contractor" or "GMSC"), authorized to conduct business in the State of Florida. WHEREAS, the City wishes to engage the Services of Contractor, and Contractor wishes to perform the Services for the City; and In consideration of the mutual covenants herein, City and GMSC (sometimes hereafter referred to collectively as "Parties") agree as follows: A. EFFECTIVE TERM The effective term of this Agreement shall be the same as the effective term of the Contract which shall be from April 1, 2018 through March 31, 2019, subject to funding availability, continuation of the Agreement during the entire term, and Contractor's performance. The City may also renew the contract for three (3) additional one (1) year options, at the City's sole discretion and subject to funding availability and Contractor's performance. The City shall have the option to terminate the Agreement for convenience, that is, for any or no cause. B. SCOPE OF SERVICES AND PERFORMANCE The GMSC crew teams are to perform regularly scheduled and specific Maintenance activities as described in the Scope of Services, attached and incorporated into this Agreement. The parties agree as follows: The GMSC shall furnish all services as described in Attachment A, Scope of Services, which is attached and incorporated into this Agreement. Contractor agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference are incorporated into and made a part of this Agreement. iii. Contractor represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies to the Page 1 of 16 City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Contractor has been duly authorized to so execute the same and fully bind Contractor as a party to this Agreement. iv. Contractor shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. V. The GMSC will provide all labor and hand tools, and related equipment and supplies, as necessary and appropriate to perform the required work in accordance with CITY specifications. vi. The GMSC shall provide safety equipment including vests and all personal items of clothing appropriate for the season of the year. vii. When a specific piece of equipment is required, CITY may, if it is then available, loan equipment to GMSC for a reasonable period to perform the required work. All such City equipment lent will be signed and accounted for by GMSC and be returned to the City in the same condition, normal wear and tear excepted, promptly at the conclusion of the work. This request for a loan of City equipment should only occur under special circumstances as it is presumed that GMSC has the required equipment, tools and supplies to perform this work. The City shall not make any purchases of equipment, tools, machinery or supplies by virtue of this Agreement. viii. The GMSC shall accept responsibility for the use and Maintenance of any tools, equipment, supplies, and materials that may be, on occasion, furnished by CITY, at the option of the City and subject to the terms of this Agreement. If such tools, equipment, supplies, or materials are furnished by the City, they shall be promptly returned at the conclusion of the work, in the same condition, normal wear and tear excepted. The GMSC supervisor shall always sign a hand receipt upon issuance and return of non -expendable items. If CITY property is damaged directly or indirectly by the GMSC, its agents', and/or an employees' negligence, act or omission, the GMSC shall replace or repair CITY's property to its previous condition. ix. GMSC agrees to obtain all permits, licenses, approvals, and clearances from governmental agencies necessary for the completion of the assigned work. X. GMSC shall provide all technical assistance on the proper work methods, work zone traffic control, calculating and reporting of productions and use of equipment as required or necessary for job safety to the GMSC crew team supervisors. The GMSC team supervisors shall be responsible for providing to crew team members technical assistance on the proper work methods, work zone traffic control, calculating and reporting of production, and use of equipment required or necessary for job safety. Page 2 of 16 A. The GMSC shall ensure that crew teams, supervisors and necessary administrative support are provided to accomplish the work as detailed in Attachment A. The GMSC shall ensure that its supervisors are familiarwith the provisions of this Agreement. The GMSC shall ensure that its supervisors are made available for training by CITY regarding CITY procedures before assignment to a crew team covered by this Agreement. xii. The GMSC shall ensure that its supervisors and crew team members shall follow all CITY regulations, rules, policies, and procedures pertaining to the performance of assigned work. xiii. This agreement may be canceled by City immediately upon notification to the GMSC when a supervisor and/or crew team member fails to follow applicable rules, regulations, policies, laws or codes and procedures pertaining to the performance of the assigned work and no corrective measure has been made by GMSC or for noncompliance with any of the provisions of this Agreement. xiv. The GMSC shall ensure that, to the maximum extent possible, it will assign the same youth to the same teams on a day-to-day basis in order to maximize the effectiveness of prior training. xv. The GMSC shall provide medical treatment for its supervisors and crew team members injured on the job. xvi. The GMSC shall provide transportation for crew teams and supervisors to the job sites. C. TERMINATION AND DEFAULT; OBLIGATIONS UPON TERMINATION This Agreement may be canceled by CITY in whole or in part at any time the interest of CITY requires such termination. ii. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Contractor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. iii. The City, by and acting through its City Manager, shall have the right to immediately terminate this Agreement, in its sole discretion and without penalty, upon the occurrence of an event of a material breach hereunder and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Contractor for Services rendered by Contractor after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable Page 3 of 16 to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. iv. If CITY determines that the performance of the GMSC is not satisfactory, CITY shall have the option of (a) immediately terminating the Agreement, or (b) notifying the GMSC of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by CITY. V. If CITY requires termination of the Agreement for reasons other than unsatisfactory performance of the GMSC, CITY Manager shall notify the GMSC of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. vi. If the Agreement is terminated before performance is completed, the GMSC shall be paid only for that work satisfactorily performed for which direct costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of CITY and shall be turned over promptly by the GMSC. vii. The parties agree to cooperate in carrying out the purpose of this Agreement. Failure to do so by either party, or violation of any terms and conditions of this Agreement by either party should be notified to the other party. If the failure or violation is not remedied within the time specified in the notification, it will, be governed by the Resolution of Contract Disputes below. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek any judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instrument(s), signed by the City Manager. The decision of the City Manager or City Commission, as applicable, shall be final. viii. If GMSC requires termination of the Agreement, GMSC shall notify the CITY of such termination, indicating the effective date of termination or the stage of work at which the Agreement is to be terminated, which shall be no less than 30 days from the date of the notice unless otherwise agreed to by the City. Page 4 of 16 D. COMPENSATION AND PAYMENT The GMSC shall be provided an annual compensation of $174,000. This $174,000 is the Guaranteed Maximum Price, inclusive of all costs, salaries, expenses, reimbursable items, equipment, supplies and all other items of cost or expense. The City shall have no liability to pay any sum in excess of $174,000. Payments will be made for services rendered on a pay item basis as shown on attachment "A" after a monthly invoice is received from GMSC GMSC shall provide all equipment necessary to complete work on each site. All invoices shall include sufficient detail so as to be considered "proper invoices" under the Florida Local Government Prompt Payment Act, §218.72, Fla. Stat. and will be paid within the time provided by the Act. Interest will not accrue on payments. The City during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year relative to this Agreement. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract E. INDEMNITY AND PAYMENT CLAIMS Indemnity: The GMSC assumes full responsibility for any risk of bodily injury, death or property damage to its supervisors, crew team members and other employees, agents, and representatives while in or on CITY property, while traveling to and from the job sites, and while performing work under this Agreement. Contractor shall indemnify, defend and hold harmless the City and its officials, representatives and employees (collectively referred to as "Indemnitees"), for and from claims and each of them from and against all loss, 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 loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Contractor or its employees or subcontractors (collectively referred to as "Contractor") 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 Indemnitees, or any of them, or (ii) the failure of the Contractor to comply materially with any of the requirements herein, or the failure of the Contractor 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. Contractor 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 Contractor, or any of its subcontractors, as provided above, for which the Contractor's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Contractor further agrees to indemnify, defend and hold Page 5 of 16 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 to Contractor's negligent performance under this Agreement, compliance with which is left by this Agreement to Contractor, and (ii) any and all claims, and/or suits for labor and materials furnished by Contractor or utilized in the performance of this Agreement or otherwise. Contractor's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination/expiration of this Agreement. iii. Contractor understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Contractor throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. The intent of this Agreement is to have the Contractor perform the work; however, subcontractors may be used solely when required for licensing requirements in the construction trades and as team supervisor(s) when required by applicable laws, regulations and licensing requirements, otherwise the work will be performed by the Contractor. iv. LIABILITY INSURANCE: The GMSC shall carry and keep in force during the period of this Agreement insurance requirements in accordance with Exhibit B. V. WORKERS COMPENSATION: The GMSC shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. GMSC Youth Trainees of are considered Miami -Dade County employees who are covered under fhe County's Worker's Compensation self-insurance. GMSC shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise carry and keep Worker's Compensation insurance. A letter from Miami Dade County evidencing general liability and workers' compensation coverage on all Youth Trainees or subcontractors shall be submitted to the City. F. COMPLIANCE WITH LAWS i. The GMSC shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and be made or received by GMSC in conjunction with this Agreement. The GMSC's failure to grant such access shall be grounds for immediate cancellation of this Agreement by CITY. The GMSC shall additionally comply with Section 1 19.0701, Florida Statutes, including without limitation : (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any Page 6 of 16 duplicate public records that are exempt or confidential and exempt from disclosure requirements; (5) All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. If Contractor has any questions regarding the application of chapter 119, Florida Statutes, to the Contractors duty to provide public records relating to this Agreement, contact the Division of Public Records at (305) 416-1800, via email at publicrecords@miamigov.com, or regular mail at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FI, Miami, Florida 33130. The Contractor may also contact the records custodian at the City of Miami Department of Public Works who is administering this Agreement." ii. The GMSC shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Agreement. iii. The GMSC acknowledges that its "not-for-profit" corporate status is a condition precedent to the formation of this Agreement and has submitted as of the date of the execution of this Agreement, documentation showing that it is duly organized and registered with the Department of Agriculture and Consumer Services and Department of State as a Florida "not-for-profit" corporation, which is current and in full compliance with the various requirements of Chapter 496 and Chapter 617, Florida Statutes. The GMSC further warrants that it shall continue to maintain such "not-for-profit" corporate status for the term of this Agreement and any extensions of the Agreement. The failure of the GMSC to comply with the terms of this section of the Agreement shall be grounds for immediate cancellation of this Agreement by CITY. iv. CITY shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. V. The GMSC certifies that each youth enrolled or to be enrolled in its youth work experience program is a resident of the State of Florida and possesses a valid Florida Driver License or Identification Card. G. MISCELLANEOUS i. This Agreement may not be modified, amended, or assigned without written agreement of the Parties employing the some formalities as were used in the execution of the Agreement. GMSC is a unique organization that has been awarded this Agreement based on their unique attributes and characteristics and this Agreement shall not be assigned, sold, pledged, or transferred without the prior consent of the Miami City Commission, which may be withheld or conditioned. ii. The GMSC and CITY agree that the GMSC, its employees, and representatives are not agents of CITY as a result of this Agreement. Page 7 of 16 iii. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. iv. This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained in this Agreement, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. The State of Florida terms and conditions, whether general or specific, shall take precedence over and supersede any inconsistent or conflicting provision in any attached terms and conditions of the GMSC. V. It is understood and agreed by the Parties to this Agreement that if any part, term or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. vi. The Agreement shall be governed by and construed in accordance with the laws of the State of Florida. vii. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. viii. 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. ix. 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, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition Page 8 of 16 causing such delay and shall cooperate with the other party to overcome any delay that has resulted. A. CITY NOT LIABLE FOR DELAYS: Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. xii. USE OF NAME: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Contractor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. xiii. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. xiv. NO THIRD -PARTY BENEFICIARY: No persons other than the Contractor and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. xv. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. xvi. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Contractor hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Contractor under this Agreement are and will continue to be accurate, complete, and current. Contractor understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. H. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Contractor under this Agreement, audit, or cause to Page 9 of 16 be audited, at a location in Miami -Dade County, Florida, those books and records of Contractor which are related to Contractor's performance under this Agreement. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. ii. The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof and/or the terms of the Agreement and applicable laws and regulations. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100 through 18-102, of the Code of the City of Miami, Florida, as same may be amended or supplemented from time to time. L. COUNTERPARTS: This Agreement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. M. VENDORS/CONTRACTORS: Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and ii. Shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Page 10 of 16 53 The following attachments are incorporated and made a part of this Agreement: Attachment A SCOPE OF SERVICES Attachment B INSURANCE REQUIREMENT This Agreement is a Term Contract for an indefinite quantity whereby the GMSC agrees to furnish services during a prescribed period of time set forth in the Agreement. The specific period of time completes the contract. CITY, based on need and availability of budget, may increase or decrease the Budgetary Ceiling by Amendment to the Agreement. Execution of the Agreement does not guarantee that the work will be authorized. The Parties have executed this Agreement by their authorized officers on the day and year set forth above. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONTRACTOR: GREATER MIAMI SERVICE CORPS. Deborah Dorsett Executive Director 810 NW 28th Street Miami, FL 33127 TO THE CITY: CITY OF MIAMI Emilio T. Gonzalez, Ph.D. City Manager 4.44 SW 2nd Avenue, 10' Floor Miami, FL 33130-1910 - and - Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 Page 11 of 16 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the month, day and year above written. ATTEST: Todd B. Hannon, City Clerk ATTEST: By: Print Name: Title: (Corporate Seal) APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez City Attorney "City" CITY OF MIAMI, a Municipal Corporation Emilio T. Gonzalez, Ph.D., City Manager "Contractor" GREATER MIAMI SERVICE CORPS., A Florida Non -Profit Corporation M Print Name: Title: (Authorized Corporate Officer) APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe Risk Management Director Page 12 of 16 Page 13 of 16 ATTACHMENT A MARTIN LUTHER KING, JR. LANDSCAPING AND MAINTENANCE CONTRACT SCOPE OF SERVICES No. Project description Item Cost Frequency Extended Cost Cycles #1 Dr. MLK Jr. Boulevard - NW 62nd Street from NW 5th Place to NW 17th Avenue 1 Furnish all equipment labor and material necessary for complete landscaping services including mowing, $ 650.00 26 $ 16,900.00 weeding, edging, trimming and pruning all trees, palms, ground cover and grass areas inside the medians, blowing, mulching, fertilizing, herbicide spraying, insect spraying the entire area, removing litter and debris, cuftin 1 trimming trees and palms on a 26 visit maintenance cycle as directed by the City Engineer. 2 Furnish all equipment, labor and material necessary forweekly litter pick-up. Contractor shall remove all $ 150.00 260 $ 39,000.00 debris (cups, paper trash, bags, bottles, etc.) and trash bags from the area on the same day of pick-up. 3 Furnish all equipment, labor and material necessary for 26 visit watering cycles at this location. Contractor shall supply water. #2 Embankments -The east and west embankments of 1.95 ramps intersection NW 62nd Street 4 Furnish all equipment, labor and material necessary for complete landscaping services including mowing, $ 650.00 26 $ 16,900.00 weeding, edging, trimming and pruning all trees, palms, ground cover and grass areas inside the medians, blowing, mulching, fertilizing, herbicide spraying, insect spraying the entire area, removing litter and debris, cutting, trimming trees and palms on a 26 visit maintenance cycle as directed by the City Engineer. 5 Furnish all equipment, labor and material necessary forweekly fitter pick-up. Contractor shall remove all $ 150.00 260 $ 39,000.00 debris (cups, paper trash, bags, bottles, etc.) and trash bags from the area on the same day of pick-up. #3 Butterfly Gardens located east and west of 1-95 and NW 54th Street 6 Cut trees, clean fence line, trim hedges, remove dead palms, removal of fence and poles; install mulch, $ 1,500.00 $ 1,500.00 remove and dump debris. as needed or directed by the City) 7 Furnish all equipment, labor and material necessary for complete landscaping services including mowing, $ 650.00 26 $ 16,900.00 weeding, edging, trimming and pruning all trees, palms, ground cover and grass areas inside the medians, blowing, mulching, fertilizing, herbicide spraying, insect spraying the entire area, removing litter and debris, cutting, trimming trees and palms, installing top soil on a 26 visit maintenance cycle as directed by the City Engineer. Furnish all equipment, labor and material necessary for weekly litter pick-up. Contractor shall remove all debris (cups, p2per trash, bags, bottles, etc. and trash bags from the area on the same day of pick-up. #4 Linear Park: located east and west of 62nd Street 9 Regular service to include pressure cleaning all park areas, scraping and preparing for painting, restoring $ 31800.00 $ 3,800.00 broken concrete upright bailers, sidewalk repair around the bailers, restore and stain wood benches. Sub -Total $ 134,000.00 10 Additional Project Cost Monitorwork progress weekly; coordinate billing and invoicing; complete monthly $ 40,000.00 reports as required. Youth training to include the life and legacy of Dr. Martin Luther King, Jr. to include non- violence training, engagement in positive youth development activities such as Unite for Peace rally and other related events. Total $ 174,000.00 Page 13 of 16 EXHIBIT B INSURANCE REQUIREMENTS GREATER MIAMI SERVICE CORPS. I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Personal and Adv. Injury $300,000 Products/Completed Operations $300,000 B. Covered Exposures and Endorsements City of Miami included as an additional insured Contingent and Contractual Exposures Premises and Operations Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $300,000 B. Endorsements Required City of Miami included as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Volunteers Included (If Applicable) Employer's Liability 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 Page 14 of 16 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. 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. Page 15 of 16 EXHIBIT "C" CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign) TO BE INSERTED Page 16 of 16