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25172
AGREEMENT INFORMATION AGREEMENT NUMBER 25172 NAME/TYPE OF AGREEMENT CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC DESCRIPTION FUNDING AGREEMENT/DIGITAL MEDIA & TRADE DEVELOPMENT PROGRAM/FILE ID: 15756/ R-24-0124 EFFECTIVE DATE August 21, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/5/2024 DATE RECEIVED FROM ISSUING DEPT. 9/9/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Management & Budget DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. (MFE) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $250,000.00 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): MIAMI FOR EVERYONE GRANT AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Approval of the Miami For Everyone Grant Agreement with CAMACOL, (District 1 project) in order to continue to offer a program that develops employment opportunities for minorities and the disenfranchised to enter into the tech and digital media sectors; training programs for at -risk youth and minorities; as well as other programming that will assist in developing the skills necessary to obtain employment for the City's minority community in these sectors. COMMISSION APPROVAL DATE: 4/11/2024 FILE ID: 15756 ENACTMENT NO.: R-24-0124 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR August 27, 2024 I 09:43:22 EDT PRINT: MARIE SIGNATURE: "MAGGIE" GOUIN r—DocuSigned by: __-„)m SUBMITTED TO RISK MANAGEMENT August 27, 2024 I 09:46:54 EDT PRINT: ANN-MAKIESTIARPE SIGNATURE DocuSigned by: fi i at,,,,,e6 August 29, 2024 I 14:20:29 EDT SUBMITTED TO CITY ATTORNEY August 29, 2024 I 14:42:44 EDT PRINT: GEO SIGNATURE: GrIZAINSONG III DocuSigned by: Apy Rise (I( RECEIVED BY CFO/ ASSISTANT CITY MANAGER September 4, 2024 I 10:02:48 EDT PRINT: LARRY SIGNATURE: 1Ntr DocuSigned by: APPROVAL BY CITY MANAGER September 5, 2024 I 14:22:36 EDT PRINT: ARTI SIGNATURE IA GA V. DocuSigned by: Q NoVl �— 850 C F 6 C 372 D D 42A... ATTESTED BY CITY CLERK September 5, 2024 I 17:22:52 EDT PRINT: TODD SIGNATURE• [ B. HANNON DocuSigned by: G)-(— Fd6NSf.OJ]C Eid Sn PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami MFE Funding Agreement CITY OF MIAMI MIAMI FOR EVERYONE FUNDING AGREEMENT This MIAMI FOR EVERYONE AGREEMENT ("Agreement") is entered into this 21st day of August 2024 by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2°d Avenue, Miami, FL 33130 ("CITY"), and CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC, a Florida not for profit corporation, located at 1401 WEST FLAGLER STREET, MIAMI FLORIDA 33135 ("RECIPIENT"). The CITY and the RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." WHEREAS, the City created the Miami For Everyone ("MFE") Program to assist communities facing the long-term complications resulting from declared emergencies and to address the specific needs of the most vulnerable residents and businesses, through a strategy of focusing the provision of support towards priority areas of need that will further stabilize economic conditions within City Districts; and WHEREAS, the RECIPIENT submitted a Request for MFE Funding to the City; and WHEREAS, the CITY adopted Resolution No. R-24-0124 on April, 11 2024, wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of TWO HUNDRED FIFTY THOUSAND AND 00/100 dollars ($250 000.00) ("Funds"), attached and incorporated as Exhibit "A", as applicable; and WHEREAS, the CITY agrees to enter into this Agreement with the RECIPIENT to set forth the terms and conditions relating to the use of the Funds by the RECIPIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on April 1, 2024, and shall continue until September 30 2024. 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and City of Miami MFE Funding Agreement RECIPIENT'S compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the RECIPIENT the Funds to be used for the purpose(s), program(s), initiative(s), and activity(ies) (as defined in Exhibit `B"), and as disbursed in the manner hereinafter provided. 4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the Scope of Work, attached and incorporated herein as Exhibit `B" and the Budget, attached and incorporated herein as Exhibit "C" submitted by the RECIPIENT to the CITY. DISBURSEMENT OF FUNDS: A. The CITY shall provide Funds to the RECIPIENT in the not to exceed amount of TWO HUNDRED FIFTY THOUSAND AND 00/100 dollars ($250.000.00). B. Payment shall be made in accordance with the schedule as set forth in Composite Exhibit "D". C. The RECIPIENT shall provide the CITY with a City of Miami Request for Payment Form attached and incorporated as Composite Exhibit "D" prior to any disbursement of funds by the CITY. Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a valid and executed W9 form and completed City of Miami Supplier Direct Deposit (ACH) Authorization Form, as applicable. D. The RECIPIENT shall provide the CITY a Close -Out Report, in similar format as Exhibit "F", at the end of the program, summarizing the services, programs and/or activities described in the Scope of Work as Exhibit "B" and included in the Budget as Exhibit "C". 5. COMPLIANCE WITH POLICIES AND PROCEDURES: RECIPIENT understands that the use of the Funds is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities being funded by the MFE Funds for the Scope of Work. RECIPIENT covenants and agrees to comply with such requirements and represents and warrants to the CITY that the Funds shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting the foregoing, RECIPIENT represents and warrants that it will comply with, and the Funds will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 6. RECORDS, INSPECTIONS. REPORTS/AUDITS AND EVALUATION: 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 as City of Miami MFE Funding Agreement being incorporated by reference herein and additionally apply to this Agreement. The CITY shall have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and at reasonable times, and for a period of up to three (3) years following the termination ofthis Agreement, audit, or cause to be audited, those books and records of the RECIPIENT which are related to RECIPIENT'S performance under this Agreement. RECIPIENT 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. The CITY may also, and the RECIPIENT shall permit, the CITY and other persons duly authorized by the CITY to inspect all Agreement records, facilities, goods, and activities of the RECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the RECIPIENT as requested by the CITY. At the request of the CITY, the RECIPIENT shall transmit to the CITY written statements of the RECIPIENT's official policies on specified issues relating to the RECIPIENT's activities. RECIPIENT understands, acknowledges, and agrees that: a) The CITY must meet certain record keeping and reporting requirements regarding the Funds and that in order to enable the CITY to comply with its record keeping and reporting requirements, RECIPIENT shall maintain all records as required by the CITY; and b) At the CITY's request, and no later than thirty (30) days thereafter, RECIPIENT 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 c) All costs and expenses of the activities described in Exhibit "C" shall be at actual cost with no markups; and d) RECIPIENT'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 reimbursement to the CITY of any and all funds or amounts disbursed pursuant to this Agreement. RECIPIENT represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent in the payment of any sums due to the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; and (iii) all personnel assigned City of Miami MFE Funding Agreement to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each. Any inconsistent, incomplete, or inadequate information, either received by the CITY or obtained by the CITY, shall constitute cause for the CITY to terminate this Agreement. 7. AWARD OF AGREEMENT; RECIPIENT represents and warrants to the CITY that it has not employed or retained any person or company employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. COMPLIANCE WITH FEDERAL. STATE AND LOCAL L4WS: RECIPIENT understands that agreements between private entities and local governments are subject to certain laws, codes, rules and regulations, including, without limitation, laws pertaining to public records, conflict of interest, record keeping, etc. The Parties agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 9. INDEMNIFICATION: RECIPIENT shall indemnify, defend and hold harmless the CITY and its officials, employees (collectively referred to as "Indemnitees") 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 RECIPIENT or its employees or subcontractors (collectively referred to as "RECIPIENT") 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 RECIPIENT to comply materially with any of the requirements herein, or the failure of the RECIPIENT 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. RECIPIENT 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 RECIPIENT, or any of its subcontractors, as provided above, for which the RECIPIENT's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. RECIPIENT further agrees to City of Miami MFE Funding Agreement 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 to RECIPIENT's negligent performance under this Agreement, compliance with which is left by this Agreement to RECIPIENT, and (ii) any and all claims, and/or suits for labor and materials furnished by RECIPIENT or utilized in the performance of this Agreement or otherwise. This provision shall survive the termination or expiration of this Agreement, as applicable. RECIPIENT 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 the RECIPIENT throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 10. REVERSION OF ASSETS: Upon the expiration, termination, or cancellation of this Agreement, any unspent MFE Grant funds shall immediately revert to the possession and ownership of the CITY and RECIPIENT shall transfer to the CITY all unused MFE Grant funds at the time of such expiration, termination, or cancellation. 11. DEFAULT: If RECIPIENT fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon the occurrence of a default hereunder the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to RECIPIENT, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CITY to RECIPIENT while RECIPIENT was in default shall be immediately returned to the CITY. RECIPIENT understands and agrees that termination of this Agreement under this section shall not release RECIPIENT from any obligation accruing prior to the effective date of termination. Should RECIPIENT be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, RECIPIENT shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CITY in the procurement of the Services, including consequential and incidental damages. 12. CITY'S TERMINATION RIGHTS: The CITY shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to RECIPIENT at least Live (5) business days prior to the effective date of such termination. In such event, the CITY shall pay to RECIPIENT compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the CITY be liable to RECIPIENT for any additional City of Miami !NFL. Funding Agreement compensation, other than that provided herein, or for any consequential or incidental damages. 13. REMEDIES FOR NONCOMPLIANCE: The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the RECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the RECIPIENT that any payment made in accordance with this Agreement to the RECIPIENT shall be made only if the RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default, the CITY shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever. If the RECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: (1) Temporarily withhold cash payments pending correction of the deficiency by the RECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. (2) Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. (3) Wholly or partially suspend or terminate the current MFE Program Funds awarded to the RECIPIENT. (4) Withhold further MFE Program funding for the RECIPIENT. (5) Take all such other remedies that may be legally available. 14, MARKETING: RECIPIENT shall consult with the City Manager, or his or her designee, regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 15. 1NSURANCE; The required Insurance, as approved by the City of Miami Department of Risk Management shall be provided by the RECIPIENT 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 Department of Risk Management shall be included on all insurance certificates and furnished by the RECIPIENT. City of Miami MFE Funding Agreement RECIPIENT shall, at all times during the term hereof, maintain insurance coverage in accordance with Exhibit "E" 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. 16. NONDISCRIMINATION: RECIPIENT represents and warrants to the City that RECIPIENT does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with RECIPIENT's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. RECIPIENT further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned by RECIPIENT, in whole or in part, without the prior written consent of the CITY, which may be withheld or conditioned, in the CITY'S sole discretion. 18. CERTIFICATIONS REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS: RECIPIENT certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local agency. b) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, been convicted of or had a civil judgement rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses City of Miami MFE Funding Agreement enumerated in paragraph 16.b of this certification; and d) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the CITY and the CITY shall have the right to, in the CITY's sole discretion, to not enter into or terminate this Agreement. 19. 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. RECIPIENT CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. 1401 West Flagler Street Miami, Florida 33135 Attn: Jose (Joe) Chi, President CITY City of Miami Office of Management & Budget 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Attn: Marie Gouin, Director With copies to: Office of the City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33130 Attn: George K. Wysong III, City Attorney City of Miami MFE Funding Agreement 20. PUBLIC RECORDS: Pursuant to the provisions of Section 119.0701. Florida Statutes, RECIPIENT must comply with the Florida public records laws, specifically the RECIPIENT 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 of the Florida Statutes 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 CITY all public records in possession of the RECIPIENT 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 that is compatible with the information technology systems of the CITY. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2" AVENUE, SUITE 945, MIAMI, FL 33130. 21. CONFLICT OF INTEREST: RECIPIENT has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with ail such conflict of interest provisions including, but not limited to: (a) the Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. 22. GOVERNING LAW. VENUE. AND F ES: This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in City of Miami MFE Funding Agreement Miami -Dade County, Florida and the parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees. 23. WAIVER OF JURY TRIAL: Neither the RECIPIENT, nor any assignee, successor, heir or personal representative of the RECIPIENT, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the RECIPIENT, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 24. MISCELLANEOUS PROVISIONS: A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. 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. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall control. 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 or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. City of Miami MFE Funding Agreement 25. NON-DELEGABILITY: The obligations undertaken by the RECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY'S prior written consent, which may be withheld in the CITY'S sole discretion. 26. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 27. LNDEPENDENT CONTRACTOR: RECIPIENT, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the civil service or pension programs of the CITY, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CITY. 28. NO THIRD -PARTY BENEFICIARY RIGHTS: No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 29. 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 allocated and available funds, reduction or discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30) days' notice. 30. RECIPIENT CERTIFICATION: The RECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the RECIPIENT'S governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the RECIPIENT to act in connection with this Agreement and to provide such information as may be requested. The aforementioned authorization for the RECIPIENT is attached and incorporated as Exhibit "G" 31. ANTI -HUMAN TRAFFICKING: The RECIPIENT 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 RECIPIENT shall execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "H". If the RECIPIENT City of Miami WIFE Funding Agreement 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 RECIPIENT for any additional compensation or for any consequential or incidental damages. 32. AUTHORITY; Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations and the certifications hereunder have been duly authorized and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. 33. CONSTRUCTION: Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 34. ENTIRE AGREEMENT; This instrument and its attachments constitute the sole and entire agreement between the parties 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 forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 35. COUNTERPARTS AND 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. [Remainder intentionally left blank; Signature page to follow] City of Miami MFE Funding Agreement IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. Signed by: AI lh rDocuSignetl by: e76soosF-44-�._. Todd B. Hannon, City Clerk "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida ,-DocuSigned by: 2024 I 17:22:52 EDT Qrl .l%tymber 5, 2024 I 14:22:36 EDT .�asacrossa�na��_ Date: APPROVED AS TO FORM AND CORRECTNESS: DocuSigned by: Ct-Olt0t, AG s�t 2 ill 2 024 I 14 88776E9FE88248B.. George K. Wysong III Date: City Attorney August 29, 2024 1 14:20:29 EDT A 1 PEST: Y Print Name: Title: Ice°Imf Arthur Noriega V, Date: City Manager APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: :42:44 EET 27, 2024 1 09:46:54 EDT l b3249e493r2J460_.. Ann -Marie Sharpe, Director Date: Risk Management "RECIPIENT" 6124 „G74/)it r'�S' A Florida Not -For -Profit Corporation i 4c.,4 By: Print Name: Title: E ineehe. MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT A - CITY OF MIAMI RESOLUTION AGENDA ITEM COVER PAGE File ID: #15756 Resolution Sponsored by: Commissioner Miguel Gabela 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(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," 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 ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING, APPROPRIATING AND AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO -HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000,00) ("GRANT") TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMACOL"), IN ORDER TO IMPLEMENT ITS YOUTH AND MINORITY EMPLOYMENT AND JOB TRAINING PROGRAMS IN THE TECH AND DIGITAL MEDIA SECTORS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CAMACOL AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Resolution Enactment Number: R-24-0124 City of Miami City Hall Leislation 3500 Pan American Drive g Miami, FL 33133 www.miamigov.corn File Number: 15756 Final Action Date:4/11/2024 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(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," 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 ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING, APPROPRIATING AND AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO -HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) ("GRANT") TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CAMACOL"), IN ORDER TO IMPLEMENT ITS YOUTH AND MINORITY EMPLOYMENT AND JOB TRAINING PROGRAMS IN THE TECH AND DIGITAL MEDIA SECTORS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CAMACOL AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on April 13, 2023, pursuant to Resolution No. R-23-0178, the City of Miami ("City') created the Miami For Everyone ("MFE") Program to assist communities facing the long- term complications resulting from declared emergencies and to address the specific needs of the most vulnerable residents and businesses, through a strategy of focusing the provision of support towards priority areas of need that will further stabilize economic conditions within City Districts; and WHEREAS, CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., a Florida Not For Profit Corporation ("CAMACOL"), is an organization dedicated to providing outreach to a special segment of the community who are currently underserved and/or which have been affected by the post -pandemic business climate; and WHEREAS, CAMACOL submitted a grant application, attached and incorporated herein as Exhibit "A," to the City of Miami ("City") for MFE Program funds in order to offer programs to develop employment opportunities for minorities and the disenfranchised to enter into the tech and digital media sectors; training programs for at -risk youth and minorities; other programs that will develop skills necessary to obtain employment for the City's minority community in these sectors; and will work with public and private sector partners in program implementation ("Program"); and WHEREAS, the City's District 1 Commissioner ("Commissioner") wishes to provide grant funds, on a reimbursement basis, from the Commissioner's share of the City's MFE Program funds in an amount not to exceed Two -Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) ("Funds") for the Program; and WHEREAS, the City Manager has made a written finding and recommendation, attached and incorporated as Exhibit "B," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), that competitive bidding is not practicable or advantageous to the City of Miami ("City"); and WHEREAS, the City wishes to fund and to enter into a grant agreement with the CAMACOL for a total amount not to exceed Two -Hundred Fifty Dollars ($250,000.00) ("Grant") in order to implement the Program; 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. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's finding and recommendation, attached and incorporated as Exhibit "B," that competitive negotiation methods and procedures are not practicable or advantageous to the City pursuant to Section 18-85(a) of the City Code are ratified, approved, and confirmed and the requirements for said procedures are waived. Section 3. The City Manager is authorized' to allocate and appropriate Funds from the Commissioner's share of the City's MFE Program funds to CAMACOL in order to implement the Program on a reimbursement basis, subject to all federal, state, and local laws that regulate the use of such funds for said purpose. Section 4. The City Manager is further authorized' to negotiate and execute a grant agreement, in a form acceptable to the City Attorney, with CAMACOL, in order to implement the Program. Section 5. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, modifications, and amendments, all in forms acceptable to the City Attorney, for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. ' 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. APPROVED AS TO FORM AND CORRECTNESS: 4/2/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT B — SCOPE OF WORK Insert Pages 2, 3, & 4 from Miami For Everyone Funding Request Form City of Miami Miami For Everyone Program Funding Request Form ORGANIZATION AND PROGRAM/PROJECT INFORMATION Organization History and Background Information: Please see attached in the Scope of Services and Statement of Need documents/ Is your program/project providing direct services to residents of the City of Miami? Yes No ❑ Number of residents your entity will serve: 200 upon comple on -going Frequency of Service: Age Group Served: N/A Is your program/project related to a declared emergency in the City of Miami? Yes❑No❑ COVID Pandemic Name of Declared Emergency: Date of Official Declaration: March 2020 Is your program/project impacting one of Miami's afflicted communities? Yes El Non Geographic Area Served (specific to this project/program) Citywide District Served (1, 2, 3, 4, 5, Citywide) Neighborhood/Community being served: Program/Project Priority area (Select one): ❑ Affordable Housing ▪ Educational Programs for children, youth, and adults • Elderly meals, direct financial assistance, transportation, recreational and health/wellness related activities n Direct financial assistance, food assistance (gift card programs, voucher programs) L At -risk youth or youth summer job programs Return this form to: gbrito@miamigov.com (March 28, 2023) City of Miami Miami For Everyone Program Funding Request Form Transportation services and programs Job development, retention and training programs u Homeless Services • Food Distribution programs Climate Resiliency Improvements O Essential supplies, during a State of Emergency, natural disaster, or economic crisis ▪ Allowable infrastructure Improvement per program purpose and guidelines Return this form to: gbrito@miamigov.com (March 28, 2023) City of Miami Miami For Everyone Program Funding Request Form CAMACOL Digital Media & Trade Development Program Program/Project Title: Project/Program Description: Please see attached in the attached Scope of Services and April 1, 2024 Sept. 30, 2024 Program Start Date: Program End Date: Please describe how this program/project and funding will assist the community overcome the adverse effects of the declared emergency: Please see attached in the Scope of Services and the Statement of Need document. IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures for this project/program: Please see in the Scope of Services and the Statement of Need document. Please attach additional pages to the back of this packet, if the space above is not sufficient. Return this form to: gbrito@miamigov.com (March 28, 2023) Attachment 1/CAMACOL MFE Program Scope of Services/Program Description/Statement of Need MFE Program Program Dates April 1, 2024 to Sept. 30, 2024 Program Activities Demographic of Clients Being Served: City of Miami CAMACOL is the largest Hispanic business organization in the State of Florida and one of the most influential minority business groups in the United States. For over 6 decades, CAMACOL's mission has been to foster the entrepreneurial spirit of our communities Hispanic and minority communities, and as such, it conducts programs to strengthen local business activity, promote economic development, facilitate business activities and serve the civic needs of the community and state. Through its various programs and initiatives, CAMACOL has provided the small and minority business community with commercial business assistance services which includes: • Training, and skills development • Establishment of business linkages • Employment development CAMACOL's year-round mission is to establish commercial linkages, develop business opportunities and sponsor activities which create and retain employment for our community. Through many activities and events CAMACOL has been able to assist our community and generate the creation and or retention of over jobs in the City of Miami. Innovation is the currency of today's global economy. Innovation fuels productivity, attracts investment, and stimulates economic growth. Where innovation thrives, successful enterprises will, too. South Florida is such a place. Miami has emerged as the place where these elements combine to fuel an innovation economy unrivaled in its growth and vitality. CAMACOL and its programs are solid economic development partners on initiatives which will create jobs in our community. There is a need to outreach to a special segment of our community, who are currently underserved and or which have been affected by the post -pandemic business climate. By a lack of knowledge of technology, resistance to the ever -changing way of doing business and or securing employment and or inability to secure employment opportunities. There is a evident need to outreach to these members of our population. And, due to CAMACOL's track record, we are poised to ensure that this community be served. Program Objectives Description of Program Activities Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade & logistics Our program goals will include: • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; • Development of skills necessary to obtain employment; • Training programs for at risk youth and minorities; • Work with our public and private sector partners in program implementation. Program activities • Edit program newsletter to be distributed on a weekly basis • Conduct at a minimum 2 webinars per month • Participate in program partner activities • Meet with new potential partners • Outreach and recruitment of clients ensuring they are City of Miami residents • Recruit potential employers • Continue recruitment of participants • Update Creatives Miami Database as an employment pool for potential employers in the Digital Media Sector. • Maintain database as an employment pool for potential employers and update program pipeline. • Sponsor a specialized series of technical events, webinars, workshops, zooms to achieve program objectives. Clients receiving the training will be residents of the City of Miam • Conduct two program summits in the identified target sectors; o Conduct Digital Media Summit in July 2024 ■ Provide the City with a listing of City of Miami participants registered • Conduct Trade & Logistics Summit September 18-20, 2024 at the Miami Beach Convention Center • Recruit a minimum of 25 small businesses/individuals from the City of Miami to participate in the 45th Hemispheric Congress slated from September 16- 18, 2024. • Provide the City with a listing of City of Miami participants served April 1, 2024 to September 30, 2024 Provide the City of Miami with progress reports of deliverables met. • Monthly Reports o May 10, 2023 o June 10, 2023 o July 10, 2023 o August 10, 2023 o September 10, 2023 o October 10, 2023 o November 10, 2023 o December 10, 2023 o January 10, 2024 o February 10, 2024 o March 10, 2024 o April 10, 2024 o May 10, 2024 o June 10, 2024 o July 10, 2024 o August 10, 2024 o September 10, 2024 o October 10, 2024 (Final Report) • Final Quarterly Report October 10, 2024 Target number of program served: 200 City of Miami Residents Statement of Need MFE Program STATEMENT OF NEED: CAMACOL is the largest Hispanic business organization in the State of Florida and one of the most influential minority business groups Innovation is the currency of today's global economy. Innovation fuels productivity, attracts investment, and stimulates economic growth. Where innovation thrives, successful enterprises will, too. The City of Miami is such a place. Miami is quickly emerging as the place where these elements combine to fuel an innovation economy unrivaled in its growth and vitality. CAMACOL and its programs are solid economic development partners on initiatives which will stimulate our economy and create jobs for the residents of the City of Miami. However, there is a need to outreach to a special segment of our community, who are currently underserved and or which have been affected by the post -pandemic business climate. Either by a lack of knowledge of technology or a resistance to the ever -changing way of doing business and or securing employment. There is a evident need to outreach to these members of our low income/minority population. And, due to CAMACOL's track record, we are poised to ensure that this community be served. • PROJECT/PROGRAM OBJECTIVE: (Include population being served and demographic profiles, if not already covered in Statement of Need) Objectives: o Generate a series of training seminars, to provide the necessary skills to the target community o Develop a database of eligible target community employees to serve the target sector in the United States. For over 6 decades, CAMACOL's mission has been to foster the entrepreneurial spirit of our communities Hispanic and minority communities, and as such, it conducts programs to strengthen local business activity, promote economic development, facilitate business activities and serve the civic needs of the community and state. Through its various programs and initiatives, CAMACOL has provided the small and minority business community with commercial business assistance services which includes: • Training, and skills development • Establishment of business linkages • Employment development CAMACOL's year-round mission is to establish commercial linkages, develop business opportunities and sponsor activities which create and retain employment for our community. Through many activities and events CAMACOL has been able to assist our community and generate the creation and or retention of over jobs in the City of Miami. Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade and logistics Our program goals will include: o Sponsor a specialized series of technical events at CAMACOL o Provide monthly report and evaluation of the program goals to ensure deliverables are met. • Development of skills necessary to obtain employment for the City's minority community in these sectors; • Training programs for at risk youth and minorities; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; • Work with our public and private sector partners in program implementation. ELIGIBILITY/REQUIREMENTS: • Provide any key factors or requirements for receipt of program funding or services The Latin Chamber of Commerce, CAMACOL's 6-decade track record of outreach to our small and minority communities in the City of Miami will ensure that our target community will be served. CAMACOL has a solid track record in the implementation of programs which serve the needs of our community. PROJECT TIMELINE: Start and End date of Programming and Services April 1, 2024 to September 30, 2024 MEASUREMENT METHODS/KPI: Provide Metrics and Goals of Program Please refer to the attached Scope of Services. A report with the activities conducted, the number of clients served and the measurable project accomplishments will be provided. TOTAL FUNDING REQUESTED: $250, 000.00 Attachment 2 Miami For Everyone • Executive Summary/CAMACOL • Measurable Program Outcomes • Detailed Program Expenditures 1. Executive Summary/Organization History and Background Information CAMACOL is the largest Hispanic business organization in the State of Florida and one of the most influential minority business groups in the United States. For over 6 decades, CAMACOL's mission has been to foster the entrepreneurial spirit of our communities Hispanic and minority communities, and as such, it conducts programs to strengthen local business activity, promote economic development, facilitate business activities and serve the civic needs of the community and state. Through its various programs and initiatives, CAMACOL has provided the small and minority business community with commercial business assistance services which includes: • Training, and skills development • Establishment of business linkages • Employment development CAMACOL's year-round mission is to establish commercial linkages, develop business opportunities and sponsor activities which create and retain employment for our community. Through many activities and events CAMACOL has been able to assist our community and generate the creation and or retention of over jobs in the City of Miami. Innovation is the currency of today's global economy. Innovation fuels productivity, attracts investment, and stimulates economic growth. Where innovation thrives, successful enterprises will, too. South Florida is such a place. Miami Dade is fastly emerging as the place where these elements combine to fuel an innovation economy unrivaled in its growth and vitality. CAMACOL and its programs are solid economic development partners on initiatives which will create jobs in our community. Project Program Description There is a need to outreach to a special segment of our community, who are currently underserved and or which have been affected by the post -pandemic business climate. By a lack of knowledge of technology, resistance to the ever -changing way of doing business and or securing employment and or inability to secure employment opportunities. There is a evident need to outreach to these members of our population. And, due to CAMACOL's track record, we are poised to ensure that this community be served. Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade & logistics Our program goals will include: • Development of skills necessary to obtain employment for the City's minority community in these sectors; • Training programs for at risk youth and minorities; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; • Work with our public and private sector partners in program implementation. 2. Measurable Program Outcomes This program/project and funding will assist the community overcome the adverse effects of the declared emergency by; • Working with our public and private sector partners in program implementation; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; • Development of skills necessary to obtain employment; • Training programs for low income/minorities in the City of Miami; • Work to create a new high wage industry in the City of Miami. IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures for this project/program Program outcomes and performance will be measured as follows: Trade & Logistics Sector Number of small business served by the following activities: • Monthly Webinars, seminars, networking events, including the Hemispheric Congress. These activities will focus on business development. • These participants will be monitored upon program completion and the City will receive progress reports and total number upon program completion. Digital Media • Number of clients from the digital media sector who received training; • Number of studios recruited to place program trainees; ■ Number of jobs created short and long term in this sector; ■ Number of City of Miami residents placed; • Number of City of Miami residents who receiving training; • Number of active potential talents from the City of Miami placed in the Creatives Miami database. Total number of City of Miami Residents Served upon program completion 3. Detailed Program Expenditures Itemize MFE Funding Related to Expenditures Below: 200 Personnel Salaries & Wages: Personnel Benefits: Space Rental: Utilities (Electricity, Phone, Internet): Supplies: $500.00 Equipment: 0.00 Marketing: $56,000.00 Transportation (Participants): $1,500.00 Meals (Participants): Professional Services (List each): Program Director, $107,667; Program Manager, $84,333.40 Total Professional Services: $192,000.00 Total Program Budget: $250,000.00 MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT C — BUDGET Insert Page 5 from Miami For Everyone Funding Request Form City of Miami Miami For Everyone Program Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $250,000.00 Explain how the City of Miami's Miami For Everyone funding will be utilized: The funding will be used to assist the organization in program costs. Itemize MFE funding related to expenditures below: Personnel Salaries & Wages: Personnel Benefits Space Rental: Utilities (Electricity, Phone, Internet): Supplies: Equipment Marketing: Transportation (Participants): Meals (Participants): Professional Services (List each): $0.00 $0.00 $0.00 $0.00 $500.00 $56,000.00 $1,500.00 192,000.00; Program Q 041 Construction (attach schedule of costs): $N/A Other (please describe): Other (please describe): Other (please describe): Pase 5 of 6 Return this form to: gbrito@miamigov.com (March 28, 2023) MFE CITY OF MIAMI CAMACOL Budget Narrative ACC. CAMARA DE COMERCIO LATINA DE EU ( M F E ) 250,000.00 8510 PROFESSIONAL SERVICES 192,000.00 MARKETING = $56,000.00 56,000.00 8520 ADVERTISING, PROMOTIONS & OUTREACH ( $ 12,000.00 ) 8910 EVENT SUPPLIES & SERVICES ($ 44,000.00 ) 8610 OFFICE SUPPLIES 500.00 8820 TRANSPORTATION FOR PARTICIPANTS OF EVENT 1,500.00 TOTAL: 250,000.00 MIAMI FOR EVERYONE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" MFE AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, an amount not to exceed TWO HUNDRED FIFTY THOUSAND AND 00/100 $250,000.00 for the services provided pursuant to this Agreement. 2. Request for Payments should be submitted to the CITY in a form provided by the City and included in this Exhibit as Request for Payment Form. 3, Request for Payments should be submitted with the associated expenditure backup, associated invoices, proof of payments, vendor contracts, timesheets, work logs, project photos/materials, and project schedules. 4. The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 5. Schedule of payments to RECIPIENT will be as follows: Reimbursement Basis 6. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any modifications thereto. MFE Request for Payment Form Date: Invoice Number: Send to: City of Miami Office of Management & Budget 444 SW 2nd Ave., 5th Floor Miami, FL 33130 Program/Project Title: Miami For Everyone - CAMACOL Digital Media Job Development Program Recipient's Name: Camara De Comercio Latina De Los Estados Unidos (CAMACOL) Inc. Recipient's Address: 1401 West Flagler Street. Miami FL 33135 I hereby request payment in the amount of $ for expenses incurred in relation to the City of Miami's Miami For Everyone Activity/Program/Services provide below. Number of People Served/Location of Services Description Rate Amount TOTAL: $ I certify that the Program/Service was provided in accordance to the approved Program/Project as described in the MFE Funding Request Form and that expenses were incurred in the provision of said Program/Service. Authorized Representative Type Name Signature Title• Date MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT E - INSURANCE REQUIREMENTS CAMARA DE COMERCIO DE LOS ESTADOS UNIDOS CAMACOL, INC. I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Exposures Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Combined Single Limit $ 300,000 B. Endorsements Required City of Miami listed as an additional insured III, Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 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 IV. Professional/Error's & Omissions Liability Each Claim $1,000,000 Policy Aggregate $1,000,000 Retroactive Date Included V. Certificate Holder Information should be listed as the following: City of Miami 444 SW 2nd Avenue Miami, FL 33130 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer 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. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/22/2024 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 pol cy(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 FINANCIAL AFFAIRS CORPORATION 1405 SW 107th Ave #201C Miami, FL 33174 License #:A037643 CONTACT NAME PHaNE FAx Fyn (305) 221-4911 i,,, ND,(305) 226-5130 E-MAILNn ADDRESS certificates@financier affairs . us INSURERISI AFFORDING COVERAGE NAIL it IERA. LANDMARK AMER/CAN /NSURANCE COMPANY NSUR 33138 INSURED CAMARA DE CORCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL) , INC. 1401 W FLAGLER ST MIAMI, FL 33135 (305) 631-6555 INSURERS. ATLANTIC SPECIALTY INSURANCE COMPANY 27154 m5i1RERC. BRIDGEFIELD EMPLOYERS INSURANCE 10701 NSURERD HARTFORD FIRE INSURANCE 19682 INSURER ATEGRITY SPECIALTY INSURANCE 16427 JNSIJRFRF COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C RTIFICATE 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. LIR -MR, TYPE OF INSURANCE 1NSDJVVD SUB'S PQLICY NUMBER IMM/0D,YY YYYI (MM/DDIYYYYI LIMITS A COMMERCIAL GENERAL LIABILITY Y Y LHC856301 3/13/2024 3/13/2025 EACH OCCURRENCE $ 1,000,000 I CLAIMS -MADE X OCCUR UAMA'L,1- V RENTED PREMISES (Ea occurrence) $ 100,000 d MED EXP (Anyone person) $ 5,000 PROFESSIONAL E&O PERSONAL & ADV INJURY $ 1,000,000 $ 2,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER. POLICY PRO- ■ LOC ECT OTHER: PROFF CLAIMS MADE GENERAL AGGREGATE PRODUCTS -COMP/OP AGG $ 1,000,000 $ E AUTOMOBILE X LIABILITY ANYAUTO OWNED HIRED ONLY AUTOS ONLY X SCHEDULED NON -OWNED AUTOS ONLY Y 01-C-PK-Q240321918336 3�22�243�22/2 5 COMBI EDSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)$ DAMAGEPERTY (Per accident) $ UMBRELLA LIAB EXCESS LIAB r 'loll I OCCUR CLAIMS -MADE L EACH OCCURRENCE $ AGGREGATE $ DED I J RELENT DAUS $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNPRIPXPCUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NHh 1yes, describe under DESCRIPTION OF OPERATIONS bel.2n NIA 830-51588 8/20/2023 8/20/2024 XISTATUTE I I EORH E.L. EACH ACCIDENT S 100,000 OOD EL DISEASE - EA EMPLOYEE $ 100,000 E.LIIISEASE- POLICY LIMIT $ 500,000 H D DIRECTORS & OFFICERS CRIME POLICY MML3361524 21BDDHG3949 1/19/2024 7/19/2021 1/19/2025 7/19/2024 LIMITS LIMITS $1,000,000 $150,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHIC ES (ACORD 101, Additional Remarks Schedule. may be attached if more space Is required) City of Miami as Additional Insured on a Primary and Non -Contributory basis under the Commercial General Liability with Blanket Waiver of Subrogation CITY OF MIAMI AS ADDITIONAL INSURED 444 SW 2 AVENUE 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 REPRESF /f ACORD 25 (2016f03) © 1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT F — CLOSE-OUT REPORT The Close Out Report must be completed at the end of the program. City of Miami Miami For Everyone Program Close -Out Report Date: Program/Project Title: Recipient's Name: Recipient's Address: Allocation Amount: $250,000.00 Miami For Everyone— CAMACOL Digital Media Job Development Program CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), Inc 1401 West Flagler Street Miami, FL 33135 Please provide the information in reference to all the services provided with the City of Miami - Miami For Everyone program: Program Start Date and End Date Program/Project Priority Area Description of Project/Activity/Service District where Project/Activity/Service were Provided District 1, District 2, District 2, District 3, District 5 and/or Citywide Location of Project/Activity/Service (ie. Site, neighborhood, area) Project KPI (Ex. # People, Households Served, workers/students enrolled) Frequency of Project/Activity/Service over the period of performance Narrative describing overall results (How the program has helped the community recover from the declared emergency.) I certify that the Program/Service was provided in accordance to the City of Miami - Miami For Everyone Program Guidelines Signature Date Type Name Title: Return to: City of Miami Office of Management and Budget 444 SW 2nd Ave., 5`h Floor Miami, FL 33130 MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION Corporate Board Resolution WHEREAS, The Latin Chamber of Commerce of the United States, CAMACOL is a 501 c (6) Not for profit organization. Whereas, CAMACOL desires to accomplish the objectives set forth in its Scope of Services and Executive Summary for the program Miami For Everyone (MFE) attached hereto; and, Whereas, the Board of Directors unanimously agreed at a duly held corporate meeting that programs with the City of Miami are beneficial to the community and are part of CAMACOL's mission; NOW THEREFORE, be it resolved by the Board of Directors of the Latin Chamber of Commerce of the United States, (Camara de Comercio Latina de los Estados Unidos, CAMACOL) that Patricia Arias, Executive Director is authorized to enter into a contract in the name and on behalf of this corporation, for the for the period of April 1, 2024 to September 30, 2024_ Attest: Dated: March 29, 2024 Joe Chi, President CAMACOL President (Corporate Seal) CAMACOL/LATIN CHAMBER OF COMMERCE OF THE UNITED STATES CONFLICT OF INTEREST POLICY 1. PURPOSE The purpose of this Conflict of Interest Policy (the "Policy") is to protect the interests of CAMACOL- Latin Chamber of Commerce of the United States ("CAMACOL") in connection with any transaction or arrangement that might benefit the private interests of any Covered Person. 2. PERSONS COVERED BY THE POLICY This policy addresses transactions and arrangements involving CAMACOL's directors, officers, members of any committee of CAMACOL's Board of Directors with authority to act on behalf of the Board of Directors, and CAMACOL's executive employees (e.g., Chief Financial Officer and any employee serving at the level of Vice President or above) and any other manager or supervisor identified by the Board of Directors or the President as exercising substantial influence over the operations of CAMACOL ("Covered Persons"). 3. DUTIES OF COVERED PERSONS a. Every Covered Person shall perform his or her duties for CAMACOL in good faith and with the degree of care that a reasonable person would exercise under similar circumstances. b. Recuse himself or herself from voting on any transaction or arrangement in which he or she has a potential or actual conflict of interest and shall not be present when any such vote is taken. 4. DISCLOSURE AND EVALUATION OF CONFLICTS Disclosure. Each Covered Person shall promptly and fully disclose all material facts of every actual or potential conflict of interest: All disclosures involving a transaction or arrangement being considered at a meeting of the Board of Directors or a committee shall be made to all members present at such meeting. All other disclosures shall be made to the President (who shall disclose his or her conflicts to the Board of Directors). A Covered Person who is in doubt as to the existence of a conflict of interest is encouraged to disclose all facts pertaining to the transaction or arrangement before undertaking the transaction or arrangement or making any decision in the matter. a. A Covered Person who has an actual or potential conflict of interest shall not be present for or shall leave any portion of a meeting at which the Board of Directors or a committee is voting to determine whether a conflict exists, but may be present prior to the vote to make a presentation to the Board or committee, to disclose additional facts, or to respond to questions. b. In any case in which a Covered Person has a position as a director, trustee or officer of a Grant Applicant, the Board of Directors shall not be required to evaluate whether there is an actual or potential conflict of interest. The Covered Person who serves in such position shall not be present for and shall not participate (other than to answer questions raised by the disinterested directors or committee members) in any portion of a meeting of the Board of Directors or a committee appointed by the Board at which a grant to, or any other action concerning the Grant Applicant, is considered. This provision is intended to avoid conflicts in fiduciary obligations of the Covered Person owed to the Grant Applicant and to avoid any appearance of impropriety. 5. PROCEDURES FOR ACTING ON CONFLICT OF INTEREST TRANSACTIONS a. CAMACOL may enter into a transaction or arrangement in which a Covered Person has a conflict of interest if: (i) A majority of directors who have no interest in the transaction or arrangement approve the transaction or arrangement at a Board or committee meeting after determining, in good faith and after reasonable investigation, that the transaction or arrangement is fair and reasonable to CAMACOL and is in CAMACOL's best interest; (ii) Any Covered Person who has an actual or potential conflict with respect to the transaction or arrangement does not participate in and is not present for the vote regarding any such transaction or arrangement (provided, however, that any such Covered Person may appear at a meeting to answer questions concerning the transaction or arrangement); and b. Transaction Fair to CAMACOL. It shall not be a violation of this Policy if all the requirements for formal approval, outlined above, are not satisfied, so long as the transaction or arrangement is in fact fair to CAMACOL, furthers its tax- exempt purposes, and does not result in private inurement or impermissible private benefit under laws applicable to organizations exempt from federal income tax under the relevant section(s) of the Internal Revenue Code. 6. RECORDS OF PROCEEDINGS Content of Minutes. The minutes of the Board of Directors or any committee of the Board for any meetings described above shall contain: a. The names of the persons who disclosed an actual or potential conflict of interest or otherwise were found to have a conflict of interest; b. The nature of the conflict of interest; c. Any action taken to determine whether a conflict of interest was present; d. The Board's or committee's decision as to whether a conflict of interest in fact existed; e. The names of the persons who were present for discussions and votes relating to the transaction or arrangement; f. The content of the discussion, including any alternatives to the proposed transaction or arrangement considered and any comparability data relied upon; and g. A record of any votes taken in connection with the issue, transaction, or arrangement. CERTIFICATE OF RATIFICATION The foregoing Conflict of Interest Policy was ratified by the Board of Directors of CAMACOL on the 26th day of April, 2023, and shall be valid and enforceable until amended or replaced. MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT H - ANTI -HUMAN TRAFFICKING AFFIDAVIT ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: _Camara de Comercio Latina de los Estados Unidos (CAMACOL) Inc. Name: Patricias Arias Signature: Title: dad - Executive Director Office Address: 1401 W. Flagler St. Miami, FL 33135 Email Address: patricia@camacol.org Main Phone Number: 305-807-7923 Olivera, Rosemary From: Brito, Gabriel Sent: Monday, September 9, 2024 6:10 PM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Subject: RE: Miami For Everyone Grant Agreement - CAMACOL Attachments: Docusig n_M F E_D 1-_G ra nt_Ag reeme nt_-_CAMACO L_-. pdf RE: Miami For Everyone Grant Agreement —CAMACOL Hello All, Please find attached a fully executed copy of the above reference Grant Agreement from DocuSign that is to be considered an original for your records. GabrielJ. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com i