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HomeMy WebLinkAbout25541AGREEMENT INFORMATION AGREEMENT NUMBER 25541 NAME/TYPE OF AGREEMENT KREATIVE HUB, INC. DESCRIPTION EXPERT CONSULTANT AGREEMENT/BLOG ASSISTANCE FOR THE DEPARTMENT OF ECONOMIC INNOVATION & DEVELOPMENT/MATTER ID: 24-3373 EFFECTIVE DATE April 14, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/14/2025 DATE RECEIVED FROM ISSUING DEPT. 4/15/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla / Ydissa Calderon NAME OF OTHER CONTRACTUAL PARTY/ENTITY: EXT. 1906/1907 IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT • EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): EXPERT CONSULTANT AGREEMENT KREATIVE HUB INC. Professional Services of the Expert Consultant to provide the Department of Economic Innovation & Development. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER April 4, 2025 I Annie Perez, CPPO 15 : 39 :11 EDT — SIGNATURE: -4- �w.., _ SUBMITTED TO RISK MANAGEMENT April 7, 2025 Ann -Marie Sharpe I 09: 32 :16 EDT �oas9d ev: SIGNATURE: Fro& GoiA,vy SUBMITTED TO CITY ATTORNEY Matter 24-3373 April 8, 2025 1 12: :1 W song III SIGNATURE: t,eH„�F �tR�a�rv.- G1`1so III APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER April 11, 2025 Larry Spring, CPA I 15:30:50,-EINF9r—v SIGNATURE: `l 1 Spv APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER April 14, 2025 Natasha Colebrook -Williams I 10: 39:13,DI,,,—, SIGNATURE: N.a. ten, _w;,,,a RECEIVED BY CITY MANAGER April 14, 2025 nj'til21:1 951 V SIGNATURE: 116-ur Nov;ua ��fiICFGC34DD441 SUBMITTED TO THE CITY CLERK April 14, 2025 rn�� Ha r ZZ 50 ��o�To s,9 etley SIGNATURE: �E«D__F_ 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 Legal Service Requested: Matter 24-3373: Expert Consultant Kreative Hub Inc., 4/4/2025 Date: Procurement Requesting Client (305) 416-1907 Telephone 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: nlssue 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 OF MIAMI AND KREATIVE HUB INC. THIS AGREEMENT ("Agreement") is made and entered into this 14thday of April , 2025, 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 Kreative Hub Inc., a for - profit company ("Expert Consultant"), whose address 111 NE 1st Street, Unit 906, Miami, FL 33132. 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 Department of Economic Innovation & Development ("Economic Innovation") 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 - Compensation Exhibit C — Insurance Requirements Exhibit D — Expert Consultant's Certificate of Insurance Exhibit E — Corporate Resolution Exhibit F — Anti -Human Trafficking Affidavit 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. Section 3. Remuneration, Audit and Inspection. A. The Expert Consultant shall receive compensation in an amount not to exceed Three Thousand Six Hundred Ninety -Two Dollars and Thirty Cents ($3,692.30) bi-weekly and in the manner as specified in Exhibit "B".. 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. 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. 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 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 PUBLICRECORDSMIAMIGOV.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 (5th) day after being posted or the date of actual receipt, whichever is earlier. To Expert Consultant: Kreative Hub Inc. c/o Arijana Koskarova 111 NE 1st Street, Unit 906 Miami, FL 33132 786-479-9779 ariiana@creativehubacademy.co To the Cit City of Miami Arthur Noriega V, City Manager 444 SW 2nd Avenue, 10th FL Miami, FL 33130 With Copy To: Office of the City Attorney ATTN: George K. Wysong III, City Attorney City of Miami 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. 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 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 "F." 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 Title: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. "Expert Consultant" ATTEST: KREATIVE HUB INC. a Florida for -profit company By: By: Name: Bojan Koskarov Name: Arijana Koskarova President Title: VP ATTEST: By: DocSiiggnea by: Todd Hannon City Clerk "City" CITY OF MIAMI, Signed by: a Florida municipal corporation By: "-Do.Sign. by: antuir Noviva Arthur Noriega V City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: Docusigned by: I, By. Gl067. K MISO4 iii REQUIREMENTS: By: DocuSignetl by: '--2,30bC6318214, George K. Wysong III Matter ID: 24-3373 Ann -Marie Sharpe City Attorney Risk Management Director EXHIBIT A SPECIFICATIONS/SCOPE OF WORK Expert Consultant shall provide the following professional monthly services as part of this Agreement: 1. Search Engine Optimized ("SEO") Blog Posts (4 posts per month) Four (4) high -quality SEO-optimized blog posts each month. These will cover key topics such as city events, community initiatives, tourism highlights, and feature notable City projects. Each blog post will be designed to enhance the online presence of the City's Department of Economic Innovation and Development (EID) and drive traffic to the EID's website. •Urchin Tracking Module ("UTM") Tags: Each blog post will include UTM tracking tags to monitor the source and performance of the content, allowing us to identify where the audience is coming from and refine our strategy accordingly. 2. Event Interviews and testimonials to drive traffic The Expert Consultant will feature exclusive interviews with prominent speakers at various EID events. 3. Monthly Content Plan and Calendar A tailored monthly content calendar will be created, outlining the blog posts, interviews, and social media content. This will ensure alignment with key events, holidays, and relevant City events. 4. Social Media Post Designs (12 posts per month) The Expert Consultant will provide twelve (12) custom -designed social media posts per month. These designs will be crafted to engage the community, promote City events, and share important updates. The posts will be tailored for different platforms (Linkedln, Instagram, Facebook, Twitter, etc.) to maximize reach and interaction. 5. Sponsored Meta Ads (Optional, paid by the City of Miami) If required, the Expert Consultant will manage sponsored Meta (Facebook and Instagram) ads to boost key content. These ads will be carefully targeted to reach the right audience based on demographics, interests, and behaviors. Note: The cost of Meta ads will be covered by the City. 6. Marketing Assistance with Event Sponsorship The Expert Consultant will assist with the drafting of sponsorship decks for the various City events. Additional Information on Photos and Videos: • Photos and Videos: The City will be responsible for providing any photos or videos they wish to have posted on EID's website or social media. • Editing Fees: o Video Editing: Editing of videos will incur an additional charge of $100 per video. o Photo Editing: Editing of photos will incur an additional charge of $20 per photo. EXHIBIT B COMPENSATION The fee for this scope of work shall be $3,692.30 bi-weekly. Editing Fees: o Video Editing: Editing of videos will incur an additional charge of $100 per video. o Photo Editing: Editing of photos will incur an additional charge of $20 per photo. EXHIBIT C INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES AGREEMENT 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 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 City of Miami 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. Exhibit "D" COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, Kreative Hub Inc. ("Company"), a Florida for -profit company, 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 Arijana Koskarova 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. 28 March DATED this day of , 2025. Chairperson of the Managing Members Print Name: Corporate Secretary Bojan Koskarov Stojanco Novakovski Print Name: (Corporate Seal) EXHIBIT E (NOTARY PUBLIC 5 My Commission Expires: Office Address: .jJ ANTI-HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental 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 us:, "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, 1 declare the following: a. T 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 AntiHuman Trafficking Affidavit. Nongovernmental Entity: Kreatiwe Hub inc. Name: Arijana Koskarova Officer Title: President Signature of Officer: 111 NE 1st street unit 906, Miami Florida 33132 arilana@cleativehubacadealy.co ry.Co Email Address: FEIN No. 88-0755536 STATE OF FLORIDA COUNTY OF MIAMI-DARE Main .Phone Number: 786-479-9779 The foregoin instrurm rut was 'sworn to. and • subscribed be ore me by means. of (.. physical presence or Di online notarization, this day of by u(C3V , as lie authorized officer or representative for the nongovernmental entity. Ile/she is personally known to me or lia produced Q i s identification. MARJORIE CHAVEZ Notary Public State of Florida Cornet# HH648077 Signature Expires 5/7/2029 (Printed, nTaking 0 , or Sta ped Name of Notary Public) ACCORD® � D® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDmYY) 04/04/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hiscox Inc. 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 CONTACT P : O PHONE (888) 202-3007 FAX E-MAIL contact@hiscox.com ADDRESS: INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED Kreative Hub Inc 111 NE 1stSt floor 9, unit 906 Miami, FL 33132 INSURER B : INSURERC: INSURER D : INSURERE: INSURER F : 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 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 LTR TYPE OF INSURANCE ADDL (NSD SUBR VVVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP JMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y AI P104.225.512.1 V y� 7 S..," 12 2024 "N. 12/06/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RENTED PREM SESO(Ea occurrrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ GEN'LAGGREGATELIMITAPPLIESPER: X POLICY OTHER: PRO JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ S/T Gen. Agg. $ AUTOMOBILE LIABILITY SCHEDULED _ V<>\ ® COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR0tlt CLAIMS -MADE cqc O EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y ‹Z PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Y Y P104.225.511.1 12/06/2024 12/06/2025 Each Claim: $ 1,000,000 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement. Coverac e for Personal & Advertising Injury is applicable to the Professional Liability policy per policy terms and conditions and PL policy aggregate limit of $500,000. CERTIFICATE HOLDER CANCELLATION City of Miami 3500 Pan American Drive Miami, Florida 33133 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Arijana Koskarova President Kreative Hub Inc. 111 NE 1st street 906 Miami, Florida 33132 arijana@creativehubacademy.co 786-479-9779 12/6/2024 City of Miami Department of Economic Development 350 Pan American Drive Miami, FL 33133 Subject: Clarification Regarding Company Ownership a !7.1iployee Insurance Requirements Dear Sir/Madam, F I hope this letter finds you well. I am writing to provide cI nation regarding the operational eata details of Kreative Hub Inc., as requested. Please be advised that neither the c• ' nor theti ner owns any vehicles. Additionally, I would like to inform you that our f - ` •Ioysinb snore than four employees. As a result, we are not required to maintain worker mpenation insurance or employee liability insurance, as such coverage is not mand burtesses with fewer than five employees under current regulations. Should you require any further information or documentation, please do not hesitate to contact me directly. I am has. py to provide any additional clarification as needed. Thank you for your attention to this matter. Sincerely, Arijana Koskarova President KReative Hub Inc. De Vito, Daniel From: Sent: To: Cc: Subject: Hello Danny, The insurance is adequate. Thanks, Frank Gomez, PIAM, CPI Property & Casualty Manager City of Miami Risk Management Gomez Jr., Francisco (Frank) Friday, April 4, 2025 12:25 PM De Vito, Daniel; Quevedo, Terry Aviles, Yesenia RE: PROCUREMENT INSURANCE REVIEW FOR KREATIVE HUB INC !. V _(V o O<Z7 •;9/ <f) 14 N.E. 1st Avenue 2nd Floor `Vv A Miami, Florida 33132 _ ` CY` (305) 416-174o Office O V (305) 416-176o Fax O fgomez@miamigov.com cl 4q "Serving, Enhancing, and Transforming our Community" From: De Vito, Daniel <DaDeVito@miamigov.com> Sent: Friday, April 4, 2025 12:14 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOR KREATIVE HUB INC w Good afternoon, Please see attached updated COI - please advise if letter is sufficient for auto & WC. Thank you, Daniel De Vito Procurement Contracting Officer City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Office: (305) 416-1922 Email: dadevito©miamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage From: De Vito, Daniel Sent: Monday, March 31, 2025 9:27 AM To: Gomez Jr., Francisco (Frank) <1EGomez@miamigov.com>4; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOUR KREATIVE HUB INC Thank you Frank - I'll let the vendor know. Daniel De Vito <Zs.' City of Miami Procurement D dent Contracting Officer 444 SW 2nd Avenue, 6th FI o Miami, FL 33130 Office: (305) 416-1922 Email: dadevito©miamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage From: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Sent: Monday, March 31, 2025 9:24 AM To: De Vito, Daniel <DaDeVito@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOR KREATIVE HUB INC Good morning Danny, The COI does not meet contract requirements. In terms of the auto, we can accept a letter, if no auto exposure is anticipated. The same goes for the WC, if less than (4) employees. The general liability and professional E&O must however, be amended to align with the insurance section of the agreement or Exhibit C. Thanks, Frank Gomez, PIAM, CPII Property & Casualty Manager City of Miami Risk Management 14 N.E. 1st Avenue 2nd Floor Miami, Florida 33132 (305) 416-174o Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming a Q From: De Vito, Daniel <DaDeVito@miamigov.com> Sent: Monday, March 31, 2025 9:15 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOR KREATIVE HUB INC Hello Frank, Please see agreement for your review. Thank you, Daniel De Vito Contracting Officer City of Miami Procurement Department 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 <Z7� o�h t) (<45 ,‘) • k`' Office: (305) 416-1922 Email: dadevitoRmiamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage From: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Sent: Saturday, March 29, 2025 8:32 AM To: De Vito, Daniel <DaDeVito@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: RE: PROCUREMENT INSURANCE REVIEW FOR KREATIVE HUB INC Hello Danny, The insurance is not in line with requirements. Please provide the scope of work for review. Thanks, (� So ®-V Frank Gomez, PIAM, CPI4c) �' Property & Casualty Manager` `VCit of Miami Vov y ORisk Management O 14 N.E. 1st Avenue 2nd Floor Q Miami, Florida 33132 (305) 416-174o Office19.,- (305) 416-1760 Fax fg0MeZ@MiaMigov.com "Serving, Enhancing, and Transforming our Community" From: De Vito, Daniel <DaDeVito@miarniguv.corri> Sent: Friday, March 28, 2025 3:42 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR KREATIVE HUB INC Good afternoon team, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! Daniel De Vito Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Office: (305) 416-1922 Email: dadevito@miamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitaf Current contracts can be viewed by Visitin For solicitations in the Cone of Silence plea •e ract Da"tLYase our�Cne of Silence Webpaqe 5 Olivera, Rosemary From: Gandarilla, Aimee Sent: Tuesday, April 15, 2025 8:42 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Gibbs-Sorey, Domini; Garcia, Aida Subject: Executed ECA Kreative Hub Inc (matter 24-3373) Attachments: EXPERT CONSULTING AGREEMENT KREATIVE HUB INC (matter 24-3373).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Aida: Please close Matter 24-3373. Thank you, Aimee 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