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24162
AGREEMENT INFORMATION AGREEMENT NUMBER 24162 NAME/TYPE OF AGREEMENT THE PIERRE TOUSSAINT LEADERSHIP & LEARNING CENTER, INC./ DESCRIPTION GRANT AGREEMENT/TECHNOLOGY LAB PROGRAM/FILE ID: 12307/R-22-0280/MATTER ID: 22-1456K/#30 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 11/14/2022 DATE RECEIVED FROM ISSUING DEPT. 11/16/2022 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Venture Miami DEPT. CONTACT PERSON: Frick Gavin EXT. NAME OF OTHER CONTRACTUAL PARTY/ ENTITY: Pierre Toussaint Leadership and Learning Center IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ $250,000 FUNDING INVOLVED? ES TYPE OF AGREEMENT: MANAGEMENT AGREEMENT PUBLIC WORKS AGREEMENT PROFESSIONAL SERVICES AGREEMENT _ MAINTENANCE AGREEMENT GRANT AGREEMENT INTER -LOCAL AGREEMENT EXPERT CONSULTANT AGREEMENT LEASE AGREEMENT LICENSE AGREEMENT PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) Grant to support the growth of the tech center present at the Notre Dame church 0 Aqua COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR 11/4 SUBMITTED TO RISK MANAGEMENT —Gomez, ' ,GomezDig�tallysignedbyFrank :Date: 2022.11.10 Frank 12:32:21 05'00' Matter ID: 22-1456K SUBMITTED TO CITY ATTORNEY D.J.G. 11 /11 /22 a- ' APPROVAL BY ° - - - • • 1 1 �Z ( ' GutI ,� l/L APPROVAL BY DEPUTY CITY MANAGER RECEIVED BY CITY MANAGER f0/1 Iii / /,,eN 11 �� ONE OR GINAL TO CITY GLER' ,ONE COPY O Cr ATTORNE-�Y"S OMOE, REMAINIIN,G QRLGIN 4 S) T EEEARfTiMENI PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI GRANT AGREEMENT THIS AGREEMENT is entered into as of the day of 2022, ("Effective Date") by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and THE PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER, INC., a Florida not for profit corporation, located at 130 North East 62nd Street, 2nd Floor, Miami Florida 33138 ("RECIPIENT"). The CITY and RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." RECITALS WHEREAS, on July 28, 2022, the CITY's Commission adopted Resolution R-22-0280, attached and incorporated herein as Exhibit "A", which authorized the allocation of an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) ("Funds") to the RECIPIENT; and WHEREAS, the CITY wishes to allocated the Funds to assist RECIPIENT with their Technology Lab Program ("Program"); and WHEREAS, the Funds will support the goals of the Program, which include: (1) improve computer literacy and promote bilingual computer training and experience, (2) increase competence in useful office software and emerging technologies, and (3) promote skills toward employment, business development, and more advanced technological track; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: TERMS 1. RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. 2. REPRESENTATIONS AND WARRANTIES. RECIPIENT represents and warrants that funds disbursed under this Agreement shall be used solely for the purpose as described in the scopes and services, attached and incorporated herein as Exhibit "B". RECIPIENT represents and warrants to the CITY that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent in the payment of any sums due to the CITY, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the CITY; and (iii) all personnel assigned to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each. 3. GRANT. Subject to the terms and conditions set forth herein and RECIPIENT's compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the RECIPIENT a funds in the amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) ("Funds"), subject to the availability of funding. RECIPIENT shall provide the CITY with a City of Miami Request for Payment Form, attached and incorporated as Exhibit "C" prior to any disbursement of funds by the CITY. Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a valid and executed W9 form and completed City of Miami Supplier Direct Deposit (ACH) Authorization Form, as applicable. The RECIPIENT shall provide the CITY a Close -Out Report, in similar format as Exhibit "D", at the end of the Program, as it relates to this Agreement, summarizing the services, programs and/or activities described in the Scope of Work as Exhibit "B". 4. TERM. The term of this Agreement shall commence on the effective date and shall expire upon final disbursement by the City or earlier termination. However, all rights of the CITY to audit or inspect; to require reversion of assets; to enforce representations, warranties and certifications; to default remedies; to limit liability and indemnification; and to recover fees and costs shall survive the expiration or earlier termination of this Agreement. 5. LAWS, CODES, AND REGULATIONS. RECIPIENT represents and warrants that the Funds will be used in accordance with all applicable federal, state, and local laws, codes, rules, and regulations. 6. RECORDS AND REPORTS/AUDITS AND EVALUATION. (a) The claim for the award must include a copy of all documents that allow the CITY to verify compliance with all the terms and the RECIPIENTS'S commitments set forth herein and the Resolution approving this allocation. (b) To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. The CITY shall have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and those reasonable times, and for a period of up to three (3) years following the termination of this Agreement, audit, or cause to be audited, those books and records of the RECIPIENT which are related to RECIPIENT'S performance under this Agreement. RECIPIENT agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. The CITY may also, and the RECIPIENT shall permit, the CITY and other persons duly authorized by the CITY to inspect all Agreement records, facilities, goods, and activities of the RECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the RECIPIENT as requested by the CITY. At the request of the CITY, the RECIPIENT shall transmit to the CITY written statements of the RECIPIENT's official policies on specified issues relating to the RECIPIENT's activities. (c) RECIPIENT understands and acknowledges that the Miami DDA must meet certain record keeping and reporting requirements regarding the Funds. To enable the Miami DDA to comply with its record keeping and reporting requirements, RECIPIENT agrees to maintain all records as required by the Miami DDA. 7. PUBLIC RECORDS. RECIPIENT understands that the public shall have access, at all reasonable times, to all documents and information pertaining to this Agreement, subject to the provisions of Chapter 119, Florida Statutes, and any applicable exemptions therefrom. RECIPIENT agrees to allow access by the CITY and the public to all documents subject to disclosure under applicable laws unless there is a specific exemption from such access. RECIPIENT' s failure or refusal to comply with the provisions of this section shall result in immediate termination of the Agreement by the CITY. RECIPIENT agrees that any of the obligations in this section will survive the term, termination, and cancellation hereof. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS(i MIAMIGOV.COM, AND 444 S.W. 2ND AVENUE, SUITE 945, MIAMI, FL 33130. 8. REMEDIES FOR NON-COMPLIANCE. If RECIPIENT fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained herein, then the CITY. shall have the right to take one or more of the following actions: (a) Withhold disbursements, pending correction of deficiency by RECIPEINT; (b) Recover payments made to RECIPIENT within fifteen (15) business days; (c) Disallow (that is, deny the use of the Funds for) all or part of the cost for the activity or action not in compliance; (d) Withhold further awards for the Project; (e) Terminate this Agreement upon five (5)-day written notice; or (f) Take such other remedies that may be legally permitted. 9. NON-DISCRIMINATION. RECIPIENT, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status or handicap in connection with its performance under this Agreement. 10. REVERSION OF ASSETS: Upon the expiration, termination, or cancellation of this Agreement, any unspent Funds shall immediately revert to the possession and ownership of the CITY and RECIPIENT shall transfer to the CITY all unused Funds at the time of such expiration, termination, or cancellation. 11. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 12. MARKETING: RECIPIENT shall consult with the City Manager, or his or her designee, regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 13. POLTIICAL ACTIVITIES. RECIPIENT certifies that no expenditure of Funds shall be used for political activities. 14. DEFAULT. If RECIPIENT fails to comply with any terms or conditions of this Agreement, or fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon the occurrence of a default hereunder the CITY, in addition to all remedies available to them by law, may immediately, upon written notice to RECIPEINT, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CITY to RECIPIENT while RECIPIENT was in default shall be immediately returned to the CITY and any additional payments shall cease. RECIPIENT understands and agrees that termination of this Agreement under this section shall not release RECIPIENT from any obligation accruing prior to the effective date of termination. 15. LIABILITY OF THE CITY. No officer, employee, agent, or principal, whether disclosed or undisclosed, of the CITY shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the CITY under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 16. NON -RECOURSE. This Agreement is non -recourse to the CITY. In the event of breach of this Agreement by the CITY, the RECIPIENT may only seek specific performance of this Agreement and any recovery shall be limited to the Funds stated herein. 17. INDEMNIFICATION. RECIPIENT shall indemnify, defend and hold harmless the CITY and its officials, employees (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of RECIPIENT or its employees or subcontractors (collectively referred to as "RECIPIENT") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of any of them, or (ii) the failure of the RECIPIENT to comply materially with any of the requirements herein, or the failure of the RECIPIENT to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the CITY, its officials and/or employees were negligent. RECIPIENT expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of RECIPIENT, or any of its subcontractors, as provided above, for which the RECIPIENT's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. RECIPIENT further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to RECIPIENT' s negligent performance under this Agreement, compliance with which is left by this Agreement to RECIPIENT, and (ii) any and all claims, and/or suits for labor and materials furnished by RECIPIENT or utilized in the performance of this Agreement or otherwise. This provision shall survive the termination or expiration of this Agreement, as applicable. RECIPIENT understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by the RECIPIENT throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 18. INSURANCE. Recipient shall at all times during the Term of this Agreement maintain insurance coverage pursuant to Exhibit "D". 19. INTERPRETATION. (a) Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. (b) Entire Agreement. This instrument and its attachments constitute the sole and entire agreement between the Parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. (c) Construction. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. (d) Covenants. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. (e) Conflicting Terms. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. (f) Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. (g) Severability. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. (h) No Third -Party Beneficiary Rights. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 20. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 21. AWARD OF AGREEMENT. RECIPIENT warrants that it has not employed or retained any person 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 employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Funds. 22. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced in accordance with Florida law without regard to its conflicts of law provisions. In the event of litigation, controversies, or legal problems arising out of or as a result of this Agreement, shall be submitted to the jurisdiction of the State of Florida courts in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The venue shall be Miami -Dade County, Florida. Each party shall be responsible for its own attorney's fees, costs, and expenses. Moreover, RECIPIENT acknowledges that it shall adhere to any and all state, local, and federal laws, rules and regulations in undertaking the Project and in complying with this Agreement, to include the Code of the City of Miami, Florida, as amended. 23. TERMINATION OF AGREEMENT. The CITY retains the right to terminate this Agreement at any time without penalty. In that event, the CITY shall give five (5) days written notice of termination to RECIPIENT. 24. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. RECIPIENT CITY City of Miami Office of the City Manager — Venture Miami 3500 Pan American Drive Miami, FL 33133 Attn: Erick Gavin, Execute Director With copies to: Office of the City Attorney 444 SW 2ndAvenue, Suite 945 Miami, FL 33130 Attn: Victoria Mendez, City Attorney 25. COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 26. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 27. NON-DELEGABILITY. The obligations of RECIPEINT under this Agreement shall not be delegated or assigned to any other party without the CITY' S prior written consent which may be withheld by the CITY, in their sole discretion. 28. GOVERNING LAW, VENUE, AND FEES: This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in Miami - Dade County, Florida and the parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees. 29. AUTHORITY. RECIPIENT certifies that RECIPIENT possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of the RECIPIENT's governing body, authorizing the execution of this Agreement, and identifying the official representative of RECIPIENT to act in connection herewith and to provide such additional information as may be required by the CITY. [Remainder intentionally left blank; Signature page to follow] IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CITY and RECIPIENT have executed this Agreement. >. WITNESS: , n RECIPIEN SignaturSignatur Print Name: A. a iit TY'orn Prin Attest: CITY OF MAMI: Si Signature: Todd B. Hamm Date Arthur Noriega, V City Manager City Clerk tt Gomez Digitally signed / by Gomez, Frank IF ra ri k Date: 2022.11.10 Signatu 12:32:57 05'00' Signature. Ann -Marie Sharp Date Victoria I'bfende Director of Risk Management City Attorney Matter ID: 2-1456 D.J.G. Date 11/11/22 EXHIBIT D INSURANCE REQUIREMENTS- PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 B. Covered Exposures and Endorsements City of Miami included as an additional insured Primary and Non -Contributory Endorsement Contingent and Contractual Liability Premises and Operations Sexual Abuse and Molestation Coverage II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $300,000 B. Endorsements Required City of Miami included as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional/Error's & Omissions Liability Combined Single Limit Each Claim $250,000 General Aggregate Limit $250,000 Retro Date Included V. Accident/Medical Coverage (Excess) $25,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. '`` 17, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/09/2022 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 Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive Suite 1100 Miami FL 33131 USA CONTACT NAME: N C (NC. (866) 283-7122 FAX(800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 8 INSURED Pierre Toussaint Leadership & Learning Center, Inc. 130 NE 62nd Street Miami FL 33138 USA INSURER A: Lloyd's Syndicate NO. 2987 AA1128987 INSURERB: Safety National Casualty Corp 15105 INSURERC: FOrtegra Specialty Insurance Company 16823 INSURER D: INSURER E: INSURER F: COVERAGE CERTIFICATE NUMBER: 570096446764 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. NOTVNTHSTANDING 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POUCY EFF IMMIDDIYYYY1 POUCY EXP IM!/1I010(YYW1 LIMITS A X COLI COMMERCIAL GENERAL�jABIIJTY BP1027422 04/01/2022 04/01/2023 EACH OCCURRENCE $2,250,000 (( 1 CLAIMS -MADE I X IOCCUR ll L� SIR applies per policy terns & conditions DAMAGE TO RENTED PREMISES (Ea occurrence) $2,250,000 X SIR $250,000 MED EXP (Any one person) Excluded X Med Pay Part of SIR PERSONAL& ADV INJURY $2,250,000 GEN'LAGGREGATE LIMIT APPUES PER GENERAL AGGREGATE $2,250,000 POUCY ❑ JECT LOC PRODUCTS - COMP/OP AGG $2,250, OOO --II OTHER: Agg. All Coverages $2,250,000 A AUTOMOBILE LABILITY BP1027422 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT (Ea accident) $2,250,000 X ANY AUTO SIR applies per policy terms & conditions BODILY INJURY ( Per person) OWNED SCHEDULED BODILY INJURY (Per accident) — AUTOS ONLY HIRED AUTOS A AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) — ONLY — AUTOS ONLY Self -Insured Ret $2 50 , 000 UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LAB — CLAIMS -MADE AGGREGATE DED RETENTION C WORKERS COMPENSATION AND EMPLOYERS' LABILITY ABL100004301 04/01/2022 04/01/2023 PERSTATUTE x OTH ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N NN II Retention $300,000 Ea. OC SIR applies per policy terns & conditions E.L. EACH ACCIDENT $450,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) J N/A E.L DISEASE -EA EMPLOYEE $450,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $450,000 A E&O-MPL-Primary BP1027422 Misc. Liab. Claims Made SIR applies per policy terms 04/01/2022 & conditions 04/01/2023 Aggregate Self insured Retent' $2,250,000 $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached H more space is required) City of Miami is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave. Miami FL 33130 USA 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 ,rrJIOE.iz ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 570096446764 EZ ja Ott r a Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification D Go to www.Irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax retum). Name is required on this line; do not leave ihls line blank. PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER INC. 2 Business name/disregarded entity name, If different from above PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER INC. 3 Check appropriate box for federal tax classification of the person whose name Is entered on fine 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or singe -member LLC ❑ Limped liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnershlp) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC Is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another. LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Q Other (sea Instructions) ► ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate 4 Exemptions (codes apply only to certain entitles, not Individuals; see instructions on page 3): Exempt payee code filmy) Exemption from FATCA reporting code (d any) r/{vpres to accounts malntaNled outside the USJ 5 Address (number, street, and apt: or suite no) See instructions. 130 NE 62rid Street 6 City, state, and ZIP code Miami FL 33138 Requester's name and address (optional) 7 List account number(s) here (optional) Part 1 Taxpayer Identification Number (TIN) Enter yourTi11 in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this Is (jenerall>A your sociatpecurity number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TiN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number . or Employer Identification number 2 7 4 1 8 2 5 1 1 'Part II Certification Linder penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (define • elow); and 4. The FATCA code(s) entered on this form (If any) i Certification Instructions. You must .oss out; `:m 2 above if you h you have failed to report all int= = divide i on y r tax ret acquisition or abandonment • ecur. • p .• cane ation other than interest and divi ds, , • u . = of required Sign Here Signature of U.S. person General I fictions Section referent- to the Internai Revenue Cod noted. Future develop .=nts. For the latest information ab eve related to Form W-9 and its instructions, such as legit =Von enacted after they were published, go to www.irs.gov/Form Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information retums include, but are not limited to, the following. • Form 1099-INT (interest earned or pair!) icating that I am exempt from FATCA reporting is correct. tified by the IRS that you are currently subject to backup withholding because to transactions, Item 2 does not apply. For mortgage interest pakl, ns to an individual retirement arrangement (IRA), and generally, payments ut you must provide your correct TIN. Seethe instructions for Part 11, later. Date ► / l/6 � nds Inccludin those om stocks or mutua • Form 1099-DIV (divide gl funds) • Form 1099-MSC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat_ No. 10231X Form W-9 (Rev.10-zo1 CITY OF MIAMI FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V.. DATE July 13, 2022 City Manager Erick Gavin, Director sus it Pierre Toussaint Leadership & Learning Venture Miami ko' i\ Center REFERENCES: ENCLOSURES: R \(KGltO1D The City Commission will review for approval on July 28. 2022, an agreement with the Pierre Toussaint Leadership and Learning Center. Inc, a Florida not for profit corporation to assist with their technology lab program which supports training for technical and non -technical positions within the technology industry. The purpose of the Program is to (1) improve computer literacy and promote bilingual computer training and experience, (2) increase competence in useful office software and emerging technologies and (3) promote skills toward employment, business development, and a more advanced technological track for residents who have an interest in technology and technology related careers. Through this agreement, the Pierre Toussaint Leadership & Learning Center agrees to assume full responsibility for the set-up. acceptance, and management of the Funds, and the Program for the purpose stated herein. It is proposed that the City allocate Two Hundred and Fifty Thousand Dollars ($250,000.00) to the Program. As the Pierre Toussaint Leadership & Learning Center -Notre Dame D'Haiti Catholic Church is the largest Haitian institution in the Haitian American Diaspora. has extensive nonprofit experience through services provided to over one thousand (1,000) families daily, a computer lab which currently holds sixty-six (66) computers with network access, chairs, desks, and programs offering an effective learning environment equipped with adequate human, technological, and tangible resources used as an impactful educational center for the community, it is in the best interest of the City to waive competitive bidding. RECOMMENDATION Considering the above stated, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the City as set forth in the City Code of Ordinance, as amended. specifically Section 18-85 (A), and the affirmation of these written findings and the forwarding of the same to the City Commission for ratification by a four- fifths vote is respectfully requested. APPROVE D: DISAPPROVAL: Arthur No iega V. City Manager City of Miami Resolution R-22-0280 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12307 Final Action Date: 7/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000 IN AN AMOUNT NOT TO EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00) TO THE PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION TO ASSIST WITH THEIR TECHNOLOGY LAB PROGRAM ("PROGRAM") WHICH SUPPORTS TRAINING FOR TECHNICAL AND NON -TECHNICAL POSITIONS WITHIN THE TECHNOLOGY INDUSTRY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, INCLUDING EXTENSIONS, RENEWALS AND MODIFICATIONS, ALL FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROGRAM. WHEREAS, the City of Miami ("City") has a deep interest in supporting residents who have an interest in technology and technology related careers; and WHEREAS, the Pierre Toussaint Leadership & Learning Center -Notre Dame D'Haiti Catholic Church is the largest Haitian institution in the Haitian American diaspora located in the heart of the City's Little Haiti community; and WHEREAS, the Pierre Toussaint Leadership & Learning Center ("Center") provides services to cover one thousand (1,000) families daily; and WHEREAS, in July 2021, the Center inaugurated a computer lab which currently holds sixty-six (66) computers with network access, chairs, desks, and programs offering an effective learning environment equipped with adequate human, technological, and tangible resources used as an impactful educational center for the community ("Program"); and WHEREAS, the goals of the Program are to (1) improve computer literacy and promote bilingual computer training and experience, (2) increase competence in useful office software and emerging technologies, and (3) promote skills toward employment, business development, and more advanced technological track; and City of Miami Page 1 of 2 File ID: 12307 (Revision: A) Printed On: 10/27/2022 File ID: 12307 Enactment Number: R-22-0280 WHEREAS, the City wishes to allocate two hundred and fifty thousand dollars ($250,000.00) ("Funds") to the Center to assist with their Program; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a written finding, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Program: and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, in a form acceptable to the City Attorney, for said allocation of Funds for the Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written finding, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of said Funds for the Program and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate Funds from the City Manager's Venture Miami Initiative Account No. 00001.150009.882000.0000.00000 in an amount not to exceed two hundred and fifty thousand dollars ($250,000.00) to the Center for the Program. Section 4. The City Manager is further authorized' to execute any and all documents necessary, in a form acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 12307 (Revision: A) Printed on: 10/27/2022 Pat Satangelo Board Member Pierre Toussaint LEADERSHIP AND LEARNING CENTER Pierre Toussaint Leadership & Learning Center Board of Directors Dr. Henry Sanon Board Member Archdiocese of Miami Rev. Reginald Jean -Mary President Sister Elizabeth Worley, SSJ Executive Officer Msgr. Chanel Jeanty Executive Secretary Dolina L. Lascaze Board Member Rosel Lebreton Board Member Maggie Sanon Board Member VACANT SEAT Board Member VACANT SEAT Board Member 9/27/22, 9:52 AM Detail by Entity Name DIVISION OF CORPORATIONS Divi ioxi gf 101 fr. 40,00.000'21 ..r•winftimob an eclat lair of Florida sv+'bs/te Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Not For Profit Corporation PIERRE TOUSSAINT LEADERSHIP AND LEARNING CENTER, INC. Filing Information Document Number N10000011064 FEI/EIN Number 27-4182511 Date Filed 11/29/2010 State FL Status ACTIVE Principal Address 130 NE 62 STREET 2ND FLOOR MIAMI, FL 33138 "ladling Address 130 NE 62 STREET 2ND FLOOR MIAMI, FL 33138 Registered Agent Name & Address FITZGERALD, J. PATRICK ESQ 110 MERRICK WAY SUITE 3-B CORAL GABLES, FL 33134 Officer/Director Detail Name & Address Title PD JEAN-MARY, REGINALD 110 NE 62 STREET MIAMI, FL 33138 Title VPTD WORLEY, ELIZABETH, Sister 9401 BISCAYNE BLVD MIAMI SHORES, FL 33138 Title Secretary, Director Delgado, Enrique, Most Rev https://search.su nbiz.org/Inqu iry/CorporationSea rch/SearchResultDetail?inqu irytype=EntityName&directionType=Initial&searchNameOrder=PIERRET.. 1/2 9/27/22, 9:52 AM Detail by Entity Name 9401 BISCAYNE BLVD MIAMI, FL 33138 Annual Reports Report Year Filed Date 2020 03/25/2020 2021 02/26/2021 2022 02/18/2022 Document Imaga 02/18/2022 --ANNUAL REPORT 02/26/2021 -- ANNUAL REPORT 03/25/2020 -- ANNUAL REPORT 01/28/2019 -- ANNUAL REPORT 03/15/2018 -- ANNUAL REPORT 01/10/2017 --ANNUAL REPORT 01/25/2016 --ANNUAL REPORT 01/11/2015 -- ANNUAL REPORT 01/09/2014 --ANNUAL REPORT 01/25/2013 --ANNUAL REPORT 03/28/2012 -- ANNUAL REPORT 04/25/2011 --ANNUAL REPORT 11/29/2010 -- Domestic Non -Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.su nbiz.org/Inqu iry/CorporationSearch/SearchResultDetail?inqu irytype=E ntityName&directionType=Initial&searchNameOrder--PIERRET... 2/2 Pierre Toussaint LEA0t8SIIIP AND LEARNING CENIER RESOLUTION OF BOARD OF DIRECTORS WHEREAS Pierre Toussaint Leadership and Learning Center (PTLLC) is a Nonprofit, qualified pursuant to the provisions of Internal Revenue Code Section 501(c)(3); and WHEREAS Pierre Toussaint Leadership and Learning Center (PTLLC) recognizes in addition to the language barrier faced by those in the Haitian American community who are not fluent in English, there are barriers to accessing technology which, in turn, create barriers between the older generation and the younger generation, between those who are college educated and those who are not, and between those who can access greater economic opportunities and those who cannot; and WHEREAS Pierre Toussaint Leadership and Learning Center (PTLLC) further recognizes that Miami's Little Haiti neighborhood is being developed into a super tech hub, where every new job being proposed is technologically advanced and residents of the Haitian American community just aren't ready to fully participate in this potential windfall. NOW, THEREFORE BE IT RESOLVED as follows: 1. That Pierre Toussaint Leadership and Learning Center (PTLLC) is committed to fill the knowledge, skills, and employability gaps and help the Haitian American community share in the new economy growing at its doorstep through a job training program or education program. 2. That on September 22, 2022, the Board of Directors voted to authorize the president of the board Reginald Jean -Mary to apply for and accept assistance for the program located at 130 NE 62" Street 2nd Floor Miami FL 33138, for the purpose of training or re-trained professionals using technology to become better candidates and to enter and function effectively in the job market. 3. That the Board of Directors further voted to authorize the president of the board Reginald Jean -Mary, to execute all requested documents required by the City of Miami -Venture Miami, to document and secure the $250,000 allocation for the job training program. I, the undersigned, on behalf of the Board of Directors certify that this resolution was adopted at a special meeting of the Board of Directors on September 22, 2022, at which a quorum of the Board of Directors was present, and at which the required percentage of the quorum voted to adopt the resolution and that the resolution has not been rescinded, modified or cancelled as of the date of my execution of the same and that it remains in effect as of this date. I further understand that the City of Miami -Venture Miami is relying on the validity of this resolution to take further approval action. I, on behalf of the Board of Directors declare under penalty of perjury, under the laws of the State Florida that the foregoing is true and correct. Executed this 31n day of October 2022, at the Pierre Toussaint Leadership and Learning Center in Miami's Little Haiti. By: Rev. Reginald Jean -Mary Title: Board P side►nt Sigh -ture (,/"Attested by: Sister Elizabet Title: Vice President /1/ xI ,Signature r 1 I� 9,ocus;-