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HomeMy WebLinkAbout25265AGREEMENT INFORMATION AGREEMENT NUMBER 25265 NAME/TYPE OF AGREEMENT BUSINESSFLARE LLC DESCRIPTION EXPERT CONSULTANT AGREEMENT/CREATION OF A NEW CRA/MATTER ID: 24-2980 EFFECTIVE DATE December 2, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/2/2024 DATE RECEIVED FROM ISSUING DEPT. 12/2/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: BUSINESSFLARE LLC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): Professional services of the Expert Consultant Businessflare LLC to provide the City Manager's Office. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR/CHIEF PROCUREMENT OFFICER November 20, 2024 Annie Perez, CPPO 109:22.50 EST SIGNATURE: C-4— n,are �a RISK MANAGEMENT November 20, 2024 Ann -Marie Sharpe I 09:24:30 EST SIGNATURE: fratik 1,� CITY ATTORNEY matter 24-2980 November 25, 20qGhA3tA)::21_ESTe. George K. Wysong III (Ahoy IU bk.,) Ill ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER November 27, Larry Spring, CPA 2024 I 11: 30:19 = EST SIGNATURE: v � ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: DEPUTY CITY MANAGER Natasha Colebrook -Williams SIGNATURE: CITY MANAGER November 29, 2024 Arthur Noriega V I 08:45:37— ST SIGNATURE: a i. r co, aso--zoo, CITY CLERK December 2, 2024odcl T 12:Han19:non 17 EST e-DocuSigned by t SIGNATURE: -� PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Yadissa Calderon Contact Person Assistant Director Title 11/19/2024 Date: Procurement Requesting Client (305) 416-1907 Telephone Legal Service Requested: Matter No. 24-2980: Professional services of the Expert Consultant Businessflare LLC to provide the City Manager's Office. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: Issue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 EXPERT CONSULTANT AGREEMENT BETWEEN THE CITY AND BUSINESSFLARE LLC THIS AGREEMENT ("Agreement") is made and entered into this end day of December , 2024, effective upon signature ("Effective Date"), by and between the City of Miami, a municipal corporation of the State of Florida ("City"), whose address is 444 SW 2 Avenue, Miami, Florida 33130, and, and BusinessFlare, LLC, a for profit corporation authorized to conduct business in Florida ("Expert Consultant" or "BusinessFlare"), whose address is 1175 NE 125th Street, Suite 601, Miami, FL 33161. RECITALS WHEREAS, the City, from time to time, retains individuals acting as independent contractors on a contractual basis for a specific term to perform certain specialized and defined tasks for the City and which tasks, by their nature, require independent and autonomous judgment; and WHEREAS, the City must retain the professional services of the Expert Consultant to provide the City Manager's Office with the Scope of Services defined in Exhibit "A", attached and incorporated ("Services"); and WHEREAS, the City, through the City Manager's Office, has deemed the Expert Consultant qualified in accordance with Sections 18-72,18-73, and 18-116 of the Code of the City of Miami, Florida, as amended ("City Code"), and the Expert Consultant agrees to perform the Services as defined and described herein; NOW, THEREFORE, pursuant to Sections 18-72, 18-73, and 18-116 of the City Code, in consideration of the mutual obligations expressed herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the City and the Expert Consultant agree as follows: Section 1. Recitals and Incorporations. The foregoing recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: Exhibit A — Scope of Services Exhibit B — Insurance Requirements Exhibit C — Expert Consultant's Certificate of Insurance Exhibit D — Corporate Resolution In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor of this Agreement then the priority order indicated above. Section 2. Scope of Services. Pursuant to the City Code, the City Manager may retain an Expert Consultant and assign the same to a City Department. The Expert Consultant identified above will be assigned to assist City Manager's Office, or its designee, and shall perform the Services outlined in Exhibit "A", attached and incorporated. The Expert Consultant represents to the City that the Expert Consultant is now, upon execution of this Agreement, and shall at all times during the term of this Agreement remain, fully qualified, competent, and capable to perform the Services under this Agreement. 1 Section 3. Remuneration, Audit and Inspection. A. The Expert Consultant shall receive compensation in the amount and manner as specified in Exhibit "B" based on an hourly rate that was agreed upon in advance. Even if there is, at the discretion of the City, an Amendment to increase the renumeration, in no event shall the total of remuneration for all Services exceed One Hundred Twenty -Five Thousand Dollars ($125,000.00) per year. The City, in its best interest, reserves the right to request additional related services to be provided by the Expert Consultant. Any additional services in excess of those described in Exhibit "A" shall be negotiated and pre -approved in writing by the City Manager or designee prior to the services being rendered. The Expert Consultant will provide a detailed invoice listing daily work for any billing period. B. The Expert Consultant shall not be entitled to any employment emoluments and, as such, the Expert Consultant shall be required to complete Internal Revenue Services ("IRS") Form W-9 prior to execution of this Agreement. Further, the Expert Consultant expressly acknowledges that the Expert Consultant shall not acquire status, benefits, or rights as a City employee, temporary or permanent, classified or unclassified, by virtue of this Agreement. The Expert Consultant shall provide the City Manager with the completed IRS Form W-9 at the time of execution of the Agreement. C. Unless otherwise specifically provided in Exhibit "B", pursuant to the Florida Prompt Payment Act, payment will be made within forty-five (45) days after receipt of the Expert Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail to allow proper audit of expenditures should the City require one to be performed. D. The City may, at all reasonable times and for a period of up to three (3) years following the date of final payment by the City to the Expert Consultant under the Agreement, audit, cause to be audited, inspect, or cause to be inspected those books and records of the Expert Consultant which are related to the Expert Consultant's performance under the Agreement. The Expert Consultant agrees to maintain such books and records at a location within the City for a period of three (3) years after final payment is made under the Agreement. Section 4. Term. The Agreement shall become effective as of the Effective Date as defined on its first page and shall be for the duration of one (1) year with two (2) one (1) year options to renew at the City's sole discretion. The City, acting by and through the City Manager, shall have the option to extend or terminate the Agreement for convenience. Section 5. Termination. This Agreement may be terminated at any time by either party, with or without cause. In the event of termination of this Agreement for any reason with or without cause, the Expert Consultant shall not have recourse to any City Grievance or Disciplinary Procedure. In the event of termination, the Expert Consultant will be compensated for actual Services rendered up to and including the date of termination. Expert Consultant agrees that other than payment of compensation due pursuant to the terms of this Agreement, Expert Consultant shall not be entitled to claim any lost profits, special, or general damages against the City. Section 6. Relationship Between Parties. A. The Expert Consultant, under the terms and conditions of this Agreement, is an independent contractor and not a City employee. As the Expert Consultant is an independent contractor, the Expert Consultant shall not be entitled to any employment emoluments. Access and use of City property shall be at the sole discretion of the City Manager. The Expert Consultant acknowledges that such access to and use of City property does not alter the Expert Consultant's status as an independent contractor. 1 B. Other than as legally required by the Expert Consultant in rendering his professional opinion, all other documents, information, materials, reports, and work product developed by the Expert Consultant in performing the Services pursuant to this Agreement are, and shall remain, the property of the City. The Expert Consultant understands and agrees that any information, documents, reports, materials, work product, or any other materials whatsoever which is given by the City to the Expert Consultant, or which is otherwise obtained or prepared by the Expert Consultant pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. The Expert Consultant agrees not to use any such information, document, report, work product, or material for any other purpose whatsoever without the prior written consent of the City, which may be withheld or conditioned by the City in the City's sole discretion. C. The Expert Consultant shall work with the City to develop and undertake the schedule necessary to provide the Services as needed by the City. The Expert Consultant acknowledges that working with the City to provide necessary scheduling for the Services does not alter his status as an independent contractor and the Expert Consultant acknowledges and understands that compensation payment for his time is based upon the standards required by the IRS for payments to an independent contractor. Section 7. Indemnification. The Expert Consultant shall indemnify, save and hold harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, employees, and instrumentalities from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of the Expert Consultant and persons employed or utilized by the Expert Consultant in the performance of this Agreement. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Expert Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Expert Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Expert Consultant shall in no way limit the responsibility to indemnify, save and hold harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, employees, and instrumentalities as herein provided. The indemnification provided above shall obligate the Expert Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City 's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Expert Consultant or persons employed or utilized by the Expert Consultant. These duties described in this Section will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. The Expert Consultant shall require all sub -consultant agreements to include a provision that each sub - consultant will indemnify the City in substantially the same language as this Section. The Expert Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Expert Consultant in which the City participated either through review or concurrence of the Expert Consultant's actions. In reviewing, approving, or rejecting any submissions by the Expert Consultant or other acts of the Expert Consultant, the City, in no way, assumes or shares any responsibility or liability of the Expert Consultant or sub -consultant under this Agreement. 1 Ten Dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Expert Consultant. Section 8. Insurance. The Expert Consultant fully understands and hereby agrees that it shall be the responsibility of the Expert Consultant to secure his own insurance coverage, as applicable insurance will not be paid by the City on behalf of the Expert Consultant while performing the Services. The Expert Consultant shall maintain insurance coverage and provide evidence of such insurance coverage in such amounts as may be required by the City's Risk Management Department in Composite Exhibit "C", including the Insurance Requirements and the W-9, all attached and incorporated. Section 9. Nondiscrimination. The Expert Consultant represents and warrants to the City that the Expert Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Expert Consultant's performance under this Agreement on account of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor. The Expert Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, age, religion, color, gender, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Section 10. Non -Assignment, Successors, and Assigns. The Expert Consultant's Services are unique in nature and are not assignable. Section 11. Ownership of Documents. The Expert Consultant understands and agrees that any information, document, report, plan, budget, or any other material whatsoever which is given by the City or on behalf of the City to the Expert Consultant pursuant to or under the terms of this Agreement is, and shall at all times remain, the property of the City. The Expert Consultant agrees not to use any such information, document, report, plan, budget, or any other materials without the prior written consent of the City, which consent may be withheld or conditioned by the City as the owner thereof. Section 12. Public Records. A. The Expert Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under all applicable laws. The Expert Consultant's failure or refusal to comply with the provisions of this Section shall result in the immediate cancellation of this Agreement by the City and any potential penalties authorized by Chapter 119, Florida Statutes. B. The Expert Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required of the City to perform this Service; (2) upon request from the City 's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement's term and following completion of the same, if the Expert Consultant does not transfer the records to the City; and (4) upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Expert Consultant or keep and maintain public records required by the City to perform the Services. If the 1 Expert Consultant transfers all public records to the City upon completion of the Agreement, the Expert Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Expert Consultant keeps and maintains the public records upon completion of the Agreement, the Expert Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, the Expert Consultant shall be permitted to retain any public records that make up part of his work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should the Expert Consultant determine to dispute any public access provision required by Florida Statutes, the Expert Consultant shall do so in accordance with the provisions of Chapter 119, Florida Statutes, at its own expense and at no cost to the City. IF THE EXPERT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE EXPERT CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE EXPERT CONSULTANT MUST CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA ELECTRONIC MAIL AT PUBLICRECORDS(a_MIAMIGOV.COM, OR VIA REGULAR MAIL AT CITY OF MIAMI, OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9TH FLOOR, MIAMI, FLORIDA 33130. THE EXPERT CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. Section 13. Award of Agreement. The Expert Consultant represents and warrants to the City that the Expert Consultant 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, finder's fee, or gift of any kind contingent upon or in connection with the award of this Agreement. Section 14. Compliance with Federal, State, and Local Laws. The Expert Consultant understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to open public meetings, public records, conflicts of interest, procurement procedures, record keeping, etc. The Expert Consultant agrees to comply with and to observe all applicable laws, codes, and ordinances, as they may be amended from time to time. Section 15. Notices. All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered, 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 U.S. Mail, on the fifth (5t11) day after being posted or the date of actual receipt, whichever is earlier. To Expert Consultant: BusinessFlare, LLC c/o Mr. Kevin Crowder 1175 NE 125th Street, Suite 601 Miami, FL 33161 Kevin@BusinessFlare.net To the Cit City Manager's Office ATTN: Arthur Noriega V, City Manager 444 SW 2 Avenue, 10th Floor Miami, Florida 33130 Office of the City Attorney ATTN: George K. Wysong III, City Attorney City of Miami 1 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 Procurement Department ATTN: Annie Perez, CPPO, Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Section 16. Contingency Clause. Funding for this Agreement is contingent upon the availability of funds and continued authorization of City activities and the Agreement is subject to (a) an amendment due to lack of funds, reduction of funds, and/or change in regulations or the Code, upon written notice, or (b) termination pursuant to Section 5 hereof. Section 17. Miscellaneous. A. The Agreement shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that venue for all federal, state, and local matters, if any, arising under the Agreement shall be in the applicable respective federal, state, and/or local courts located in Miami -Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. Each party shall pay its own costs and attorneys' fees. B. Should any provision, paragraph, sentence, word, or phrase contained in the 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, 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 the same shall be deemed severable, and in either event, the remaining terms and provisions of the Agreement shall remain unmodified and in full force and effect. C. No waiver or breach of any provision of the Agreement shall constitute a waiver of any other breach or of any subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing. D. The Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in the Agreement, including the Exhibits hereto, are of no force and effect. No modification to, supplement of, deletion from, amendment, or addition to the Agreement shall be valid unless in writing and executed by the properly authorized representatives of the parties hereto. Section 18. Survival. The parties acknowledge that the obligations in this Agreement will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Expert Consultant and the City under this Agreement shall survive termination, cancellation, or expiration hereof. 1 Section 19. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on 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. Section 20. E-Verify Employment Verification. By entering into this Agreement, Expert Consultant and its subconsultants are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." Expert Consultant affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of Expert Consultant; (b) it has required all subconsultants to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subconsultant; (c) it has an affidavit from all subconsultants to this Agreement attesting that the subconsultant does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.gov/e-verify. If the City has a good faith belief that Expert Consultant has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, Expert Consultant agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Expert Consultant shall be liable for any additional costs incurred by the City because of such termination. In addition, if City has a good faith belief that a subconsultant has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Expert Consultant has otherwise complied with its requirements under those statutes, then Expert Consultant agrees that it shall terminate the contract with the subconsultant upon receipt of notice from the City of such violation by subconsultant in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the City, the Expert Consultant, or subconsultant no later than twenty (20) calendar days after the date of said termination. Section 21. Confidentiality. Subject to the requirements of Chapter 119, Florida Statutes, Expert Consultant agrees not to disclose Confidential Information disclosed to it by the City. Confidential Information shall include all information received by Expert Consultant that is not available to the public and all information identified as confidential by the City. For purposes of this section, Confidential Information shall not include any information that (a) is or becomes generally available to the public, other than as a result of disclosure by Expert Consultant; (b) becomes available to Expert Consultant on a non -confidential basis and not in the contravention of applicable law from a source that is not bound by a confidential relationship by the City or by a confidentiality or other similar agreement; (c) was known by Expert Consultant on a non - confidential basis and not in a contravention of applicable law or confidentiality or other similar agreement before its disclosure to Expert Consultant; or (d) information which must be disclosed pursuant to law. Section 22. Antitrust Violator Vendors: A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on 1 any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. Section 23. Anti -Human Trafficking: Expert Consultant 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. Expert Consultant 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 "E." If Expert Consultant 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 Expert Consultant for any additional compensation or for any consequential or incidental damages. SIGNATURE PAGE FOLLOWS Remainder of page intentionally left blank 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: By: Name: Alicia Alleyne Title: Chief Operating Officer ATTEST: By: Todd Hannon City Clerk "Expert Consultant" or "BusinessFlare" BUSINESSFLARE, LLC a foreign profit corporation authorized to conduct business in Florida By: / i,Y-t- �' C/.e�v Qiz- Name: Kevin S Crowder Title: Founder "City" CITY OF MIAMI, Signed by: a Florida municipal corporation By: &fliar roh Arthur Noriega V City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: By: CAe by 6,rve 00sows George K. Wysong III 24-2980 City Attorney REQUIREMENTS: By: Ann-Marie2 Sharpe Risk Management Director 1 EXHIBIT A SPECIFICATIONS/SCOPE OF WORK Consultant shall: 1 Task 1 — Background Review and Preparation 1.1 Adopted Plans Review 1.1.1 Evaluate existing plans for the area. 1.2 Preparatory Meetings — conduct background meetings with the District Commissioner, City staff and other identified officials to gather information that is relevant to the engagement. 1.3 Data Request and Review — this request will include but is not limited to the following: 1.3.1 Specific data from the city regarding blight criteria, including crime stats, emergency calls, and building code violations. 1.3.2 Anything else that the Client believes is relevant to the engagement. 1.3.3 Deliverable: Data Request 2 Task 2 — Existing Conditions 2.1 Physical Environment Analysis 2.1.1 Evaluate the physical environment (infrastructure and real estate) conditions and opportunities in the proposed CRA area. 2.1.2 Review will include all criteria identified in Chapter 163, Florida Statutes and additional required criteria identified by Miami -Dade County for consideration of the creation of a new CRA 2.2 Economic Condition Analysis 2.2.1 Evaluate market conditions, local business trends, tapestries, targeted industries, the regulatory structure and socioeconomics. 2.2.2 Review will include all criteria identified in Chapter 163, Florida Statutes and additional required criteria identified by Miami -Dade County for consideration of CRA expansion. 2.2.3 Deliverable: Existing Conditions Summary organized by statutory criteria. 3 Task 3 — Finding of Necessity 3.1 Prepare analysis of the statutory and county criteria that supports a determination that slum and/or blight conditions exist in the proposed Expansion Area. 3.2 Provide supporting data and documentation for the findings of blight, including data analysis, observational and photo documentation. 3.3Deliverable: Draft Finding of Necessity for Creation of the Allapattah CRA. 4 Task 4 — Redevelopment Plan Update 4.1 Conduct one-on-one meetings with up to 20 stakeholders in the proposed Community Redevelopment Area to gather input. 4.2 Conduct two (2) public open houses to gather additional community input. 4.3Meet with Miami -Dade County to gather input regarding the proposed CRA. 4.4 ldentify a list of priority redevelopment objectives and identify clear steps to achieve objectives. 4.5Prepare a Draft Redevelopment Plan to incorporate up-to-date data, market conditions, physical environment opportunities, community goals, redevelopment projects, neighborhood impact statements, and coordinated policy recommendations. 4.6Prepare a Chapter 163 and Miami -Dade County Requirements Checklist for the plan contents. 4.7 Prepare TIF estimates and 5, 10 and 30-year financial projections for plan implementation. 4.8 Deliverable: Statutorily Compliant Draft CRA Plan. 5 Plan Completion and Adoption 5.1 Review the draft deliverables with City staff. 5.2 Review the draft deliverables with Miami -Dade County staff. 5.3 Present the draft CRA plan to the community in a public workshop. 5.4At the client's direction, conduct one-on-one debriefs with the CRA board members to review Finding of Necessity and Draft CRA Plan. 1 5.5 Prepare updates and edits to the draft deliverables based on Client and community feedback. 5.6 BusinessFlare will meet with City staff to review final adjustments to the CRA plan. 5.7 Deliverable: Final Finding of Necessity and Updated CRA Plan 6 Task 5 — Adoption 6.1 At the client's direction, present the deliverables to the City Commission and other entities. Timeline 1.2 Preparatory meetings with the Client shall take place within five (5) days of execution of the agreement and receipt of the initial retainer. 1.3 .6 Submission of the Data Request shall take place within five (5) days of execution of the agreement and receipt of the initial retainer. 1.3.6 The CRA shall provide requested data within ten (10) days of receipt of the Data Request. 2.3 Submission of the Existing Conditions Summary shall occur within four (4) weeks of Notice to Proceed. 3.3 The draft Finding of Necessity shall be submitted to the Client within seven (7) weeks of Notice to Proceed. 4.7 The draft updated CRA Plan shall be submitted to the Client within ten (10) weeks of Notice to Proceed. 5.1,2,3 The Client shall be responsible for timely scheduling of meetings. 5.4 Edits and updates to the draft deliverables shall be provided within three (3) days of receipt of comments from the Client. 1 EXHIBIT B COMPENSATION The fee for this scope of work shall be $115,000. Terms are Net 15 days and payable as follows. Initial Payment: $11,500 due upon execution of an agreement. Receipt of the Initial Payment shall constitute notice to proceed. Progress Payment 1: $25,000 due upon submission of the Existing Conditions Summary. Progress Payment 2: $29,500 due upon submission of the Draft Finding of Necessity. Progress Payment 3: $40,000 due upon submission of the Draft Updated CRA Plan. Final Payment 4: $9,000 due upon submission of the Final Deliverables. Option: Should the Client request presentation of the deliverables to entities other than the City and County Commissions and the community meetings listed herein, presentations shall be billed at $345 per hour, so as long as it doesn't exceed $125,000 pursuant to Section 3. Renumeration, Audit and Inspection. 1 EXHIBIT C INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES AGREEMENT OMNI COMMUNITY REDEVELOPMENT SERVICE 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 & CITY listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required 1 City of Miami & CITY listed as an additional insure 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 Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included 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. 1 Exhibit "D" COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, BusinessFlare, LLC ("Company"), a Limited Liability Company qualified to do business in Florida, desires to enter into an expert consultant agreement (the "Agreement") with the City solely for the limited purposes of performing the services as described in the Agreement to which this Company Resolution is attached; and WHEREAS, the Managing Members of Company at a duly held company meeting have considered the matter in accordance with the Articles and By -Laws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE MANAGING MEMBERS that this Company is authorized to enter into the Agreement with the City, and that Kevin S Crowder , as the authorized signatory of the Company, is hereby authorized and directed to execute the Agreement, in the name and on behalf of this company, with the City and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. DATED this 19th day of November Corporate Secretary Print Name: Alicia Alleyne , 2024. Chairperson of the Managing Members Print Name: Kevin S Crowder (Corporate Seal) 1 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non-govemmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. 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), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, 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 or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: BusinessFlare, LLC Name: Kevin S Crowder Signature of Officer: Officer Title: Founder Office Address: 1175 NE 125th Street, Suite 601, North Miami FL 33165 Email Address: kevin@businessflare.net FEINNo8/4_1/7/3/6/0/1/6 STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: 305.281.2279 The foregoing instrument was sworn to and subscribed before me by means of O physical presence or L9eonline notarization, this 19th day of November by Kevin S Crowder , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUB ALICIAALLEYNE Notary Public - State of Florida "r1 Commission # HH 281190 My Comm. Expires Jun 27, 2029 $Onded through Nati a1 Notary Assn. My Commission Expires: 6/27/2026 /la rm eLe Signature of -Person Taking Oath Alicia Alleyne (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us 11184402 Businessflare, LLC. AW'® Certificate Of Insurance CERTIFICATE OF LIABILITY INSURANCE 11/19/2024 2:45:07 PM DATE (MM!DDIYYYY} 11/19/2024 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT NAME: PRODUCER Insureon, Division of Specialty Program Group LLC / DBA SPG Insurance Solutions LLG in CA 203 N. LaSalle St., 20th Floor, Chicago, IL 60601 INSURED Businessflare, LLC. 1175 NE 125th St Ste 601 & 602, Miami, FL, 33161 INC, I°N . Ext): (800) 688-1984 E-MAIL ADDRESS: FAX (AfC, No): 312-690-4123 INSURERtS) AFFORDING COVERAGE INSURER : Twin City Fire Insurance Company NAIC # 29459 INSURER e : ACE Fire Underwriters Insurance Company 20702 INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ENSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE 1�01_ SUBR WVD POLICY NUMBER POLICY LFF (MMIDDrrYYY) POLICY EXP fMM!ooNY YI LIMITS ✓ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0011 CLAIMS -MADE ✓ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 111,000 A Yes 464BMAC7111 31712024 317/2025 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICY 1 1 J Fin LOC PRODUCTS- COMP/OP AGG $ 2,000,000 OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident} $ 1,000,000 A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCFIEDULED AUTOS AUTOS Yes 46SBMAC7111 3f7f2024 17/2025 BODILY INJURY (Per accident) $ A 'T HIRED AUTOS f NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB J I OCCUR EACH OCCURRENCE $ EXCESS LIAB IILIIL CLAIMS -MADE AGGREGATE $ DED ' RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER Y ! N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N I A E.L EACH ACCIDENT $ (Mandatory in NH) If E.L DISEASE - EA EMPLOYEE $ yes, descnbe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ B , Professional Liability (Errors and Omissions} EONFLF147361412-006 3/712424 3171202S OccurrencefAggregate $1,000,0001 52,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} Certificate Holder is named as Additional Insured as their interests may appear in regards to general liability as per written contract. This insurance is primary and non-contributory to any other insurance provided as respects general liability coverage_ CERTIFICATE HOLDER City of Miami and Omni CRA 1401 North Miami Avenue, 2nd Floor Miami, Florida 33161 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 10/12/2024 EXPIRATION DATE: 10/12/2026 PERSON: KEVIN S CROWDER EMAIL: ACCOUNTS@BUSINESSFLARE.NET FEIN: 841736016 BUSINESS NAME AND ADDRESS: BUSINESSFLARE, LLC BUSINESSFLARE ECONOMIC DEVELOPMENT SOLUTIONS 1175 NE 125TH STREET STE 601 MIAMI, FL 33161 This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation. To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder, go to www.myfloridalicense.com. IMPORTANT: Pursuant to subsection 440.05(13), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(11), F.S., Certificates of election to be exempt issued under subsection (3) apply only to the corporate officer named on the notice of election to be exempt. Pursuant to subsection 440.05(12), F.S., notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT E02008296 QUESTIONS? (850) 413-1609 RULE 69L-6.012, F.A.C. REVISED 01/2023 11104402 Business(lare, LLC. 2241211.123 7:35:43 PM C R CERTIFICATE OF LIABILITY INSURANCE DATENIME` " THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THIS CERTIFICATE GOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesi must have ADDITIONAL INSURED provisions or be endorsed_ If SUBROGATION IS WAIVED, subject to the terns 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 endorsers ntfs°I. PRODUCER Insureon, Division of Malty Program 13roup LLC ; DEA.. 13 Solutions LLC in CA 233 N. LaSalle St, 201h Floor. Chic, IL eDeo 1 CONTACT PHOInsurance e. Ex$: (BCD) 6E18-1984 ra,Nalc 312- 23 .Sao RESS- i1SUPERISI AFFORDING COVERAGE NASD INSURER A: ACE Fire Undeiwiters Insurance Company 20702 INSURED BusinessIlare, LLC. 11,7E NE 12 St Ste 501 & 502, Miami, FL, 33161 INSU RER S : Twin City Fire Insurance Company 21;459 IHSU RER C : INSU RER o : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 13 TO (CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELLOW HAVE BEEN 1ISSUEEF TO THE INSURED NAMED ABOVE FOR TI-E POLICY PERIOD INDICATED. NCT4r 1THET.ANDING ANY REQUIREMENT.. TERM OR. CONDT110 1 OF ANY OECNTRA T OR OTHER DC UMENT U41TH RESPECT TO WH CH —I- r CERTIFICATE MAY BE 2:3LEED CR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREN i,3 SUBJECT TO ALL THE EFM.3. EXCLUSIONS ANC CONC TIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CL. 1MS MNR LIR TY'E OP INS.TRANCE ADM_ INJSD SUER wuu POLICY NUMBER PO {YY@ POLICY E76P IMMI[}CPFYII'YI LMfTS I COMMERCIAL GENERAL LILB'_I"l' �,:, 453BM D 111 /+� O ^3d3I 23 (h -�''-"= EA€ -I OCCURRENCE. s 1,Q@C,CCC Y_{ U?-U,{i_ ,{ c•:S-_�--F DAMAGERIMOTi REN-EC1,UCC,CCC E%3 i s cc_e,rrencef L hie$ MCP (,Ar.y a7t ac Win;, ; 10,E PERSONAL IL AD.. Y_1,4Y 3 i,Q�,MC LE ILAGGREGi,TE Ll rr pFLJE _. �_-.. F J Y ❑ *� ❑ PRC-__ _ :E=h=R.+1L AGGREGATE 4 3'�'� o-R s.7'tI C'r8-OC7MPiY}P AGG �,� IiUTCIUUBL LIABILITY *CHE[YUED AUTO* NON -OWNED All-u3 Yea ` �kIkL7111 /� t/11 ` , OV �`( ' V 3i7.D.MO _'. [_- ..''¢ :E?3I NC3 LE LIMIT # =�..C._Y INJURY ipef persoc) i E LY INJURY leer a¢Idcr'tl S PROPERTYDAMAGEI' opera uenp UMBRFL r m LLAB EXCESS LUSH 4.^CLF CLiIM3-F CE EACH: -:I URREhC= _ AGGREGATE _ cap sEnamONs _ WORKERS COMPEN SAT1011 AND EMPLG ERS'L{ABLIVI ANY PRO PRE:"3RfPAAThEAif]LECLrn'JE CF'ICER.hie.23ERE%CLUDB ? IMarNla6era In NH) K yes. tlrctlbe antler DEE RIPT1ON CFCPERA11OPIa helm YIN 1-7A PEIR 3ThTtRE DTP - EF E. _. EACH ,i.fY'IOE NT _ E _. DIDEAGE - EA E♦APLAYEE s a:_. DI AGE_ PCLICY LIJ - 5 A Pm:Mxsiml LLM om end Omtrslensl EGPFLF147-441412-13214 37121122 317A1123 Da:LnenceAppregale *`- Amnon i;2,6CC.CCC DESCRIPn ON OF OPE RATIONSi LOCATIONS 1 VEHICLES IA.CDRO1C1, Atic-i mil Rangy #ohedulq nil be NIMA etl if mint spas+ Is rmsdrslJ Cerfificate Holder is named as Additional Insured as their in:erests may appear in regards ID general liability as per *sinter cord act.. This insurance is primary and non-contribLrory to any other insurance provided as respecs general Liability coverage_ CERTIFICATE HOLDER CANCELLA-11DN City of Nfami and Omni CRA 1401 North Miami Avenue, 2rld Floor Miami, Florida 33101 SHOULD ANY O F THE ABOVE IJESC RIBED POLIC IES B E CA NC ELLED B EFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AlFTHOR[ZED REPRE4EHTAFTUE ACORD 25 (2016103) 01BBS-201iACORD CORPORATION_ All rights reserved_ The ACORD name and logo are registered marks of ACORD JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 10/13/2022 PERSON: KEVIN S CROWDER FEIN: 841736016 BUSINESS NAME AND ADDRESS: BUSINESSFLARE, LLC 1175 NE 125TH STREET STE 601 MIAMI, FL 33161 SCOPE OF BUSINESS OR TRADE: Salespersons or Collectors Outside EXPIRATION DATE: 10/12/2024 EMAIL: ACCOUNTS@BUSINESSFLARE.NET rAC* (<Q (.10' O IMPORTANT: Pursuant to subsection 440.05(14), F.S., an offic- 'r- -•rpor t)rfw o elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under h= pter.uant to subsection 440.05(12), F.S., Certificates of election to be exempt issued under subsection (3) shall apply only to the corporate officer ; d on the tice of election to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt. Purs n subsection 440.05(13), F.S., notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time afte ling of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01608420 QUESTIONS? (850) 413-1609 From: To: Cc: Subject: Date: Attachments: Gomez Jr., Francisco (Frank) Carbonell, Aileen; Quevedo, Terry Gandarilla, Aimee RE: PROCUREMENT INSURANCE REVIEW FOR BUSINESSFLARE LLC COI Monday, February 27, 2023 10:47:01 AM image001.pnq image003.pnq Hello Aileen, The insurance is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (3o5) 416-174o Office (305) 416-176o Fax fgomez@miamigov.com 9,/ O4 PQ Cs4q Q'(V "Serving, Enhancing, and Transforming our Community" From: Carbonell, Aileen <ACarbonell@miamigov.com> Sent: Monday, February 27, 2023 10:46 AM To: Quevedo, Terry <TQuevedo@miamigov.com>; Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Gandarilla, Aimee <AGandarilla@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOR BUSINESSFLARE LLC COI Good morning, Olivera, Rosemary From: Gandarilla, Aimee Sent: Monday, December 2, 2024 12:24 PM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Roberts, Frankeetha Subject: Executed Expert Consultant Agreement Businessflare LLC (Matter 24-2980) Attachments: ECA Businessflare LLC.pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Aimee) candcailiai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i