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HomeMy WebLinkAbout24437AGREEMENT INFORMATION AGREEMENT NUMBER 24437 NAME/TYPE OF AGREEMENT CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC DESCRIPTION GRANT FUNDING AGREEMENT/YOUTH & MINORITY EMPLOYMENT & JOB TRAINING PROGRAMS IN THE TECHNOLOGY & DIGITAL MEDIA SECTORS/FILE ID: 13575/R- 23-0118/MATTER I D : 22-3048 EFFECTIVE DATE April 21, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 5/12/2023 DATE RECEIVED FROM ISSUING DEPT. 5/15/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB CITY OF MIAMI DOCUMENT ROUTING FORM * IILOAP`ERA TID * 31.110 U H ORIGINATING DEPARTMENT: Office of Management & Budget DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. (ARPA) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $1,000,000.00 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): ARPA GRANT FUNDING AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Execution of Grant Agreement with CAMACOL (ARPA, D1), to provide a job/trades training program to eligible individuals. COMMISSION APPROVAL DATE: 03/09/2023 FILE ID:13575 ENACTMENT NO.: R-23-0118 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTM�IVTAL DIRECTORDocuSignetl DEPART 24 2023 I 18:24:12 EDT PRINT: MARIE SIGNATURE: PRINT: ANN-MARTESHARPE SIGNATURE: "MAGGIE" GOUIN by: fy____ SUBMITTED TO RISK MANAGEMENTDocuSignetl April 25, 2023 I 06:46:58 EDT by: FrajAk 5144 cos c SUBMITTED TO CITY ATTORNEY Xa May 3, 2023 I 18 : 38 :16 EDT PRINT: VICTOR SIGNATURE: 73y EZ DocuSignetl by: /„ o-L --� RECEIVED BY CFO/ ASSISTANT CITY MANAGER May 4, 2023 I 15:22:40 EDT PRINT: LARRY SIGNATURE: 5M`7 DocuSignetl by: APPROVAL BY CITY MANAGER May 9, 2023 I 18:31:26 EDT PRINT: ARTH SIGNATURE: `N(YirEGA V. � DocuSignetl by: Q.-rl .- �COOjA w85,1CCF.,72DD42A ATTESTED BY CITY CLERK May 12, 2023 1 19:15:10 EDT PRINT: TODD SIGNATURE: B. HANNON DocuSignetl by: L �C_ E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB CITY OF MIAMI, FLORIDA OFFICE OF MANAGEMENT AND BUDGET THE AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") GRANT FUNDING AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this April Florida (hereinafter the "CITY"), & 21 day of , 2023, between the City of Miami, a municipal corporation of the State of CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. a Florida Not for Profit Corporation (hereinafter referred to as the "PROVIDER"). FUNDING SOURCE: United States Department of the Treasury CFDA# (If applicable): 21.027 AMOUNT: $ 1,000,000.00 TERM OF AGREEMENT: See Section 3.2 PROJECT NUMBER: 40-A2-10-0003 UNIQUE ENTITY KBW9QBDEWTWA IDENTIFIER (SAM.gov): AGENCY'S ADDRESS: 1401 West Flagler Street Miami, FL 33135 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB WITNESSETH WHEREAS, the scope of services described in the Agreement are authorized through the Act and the Resolution, with funding from the United States Department of the Treasury; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROVIDER so that PROVIDER can provide support for individuals who have experienced a negative economic impact from the COVID-19 public health emergency by providing tradesman, tech, and other ARPA-eligible job training for unemployed individuals; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: 1.1 EXHIBITS. Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H ARTICLE I EXHIBITS AND DEFINITIONS Attached hereto and forming a part of this Agreement are the following Corporate Resolution Authorizing Execution of this Agreement Scope of Services Compensation and Budget Summary Certification Regarding Lobbying Form Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Crime Entity Affidavit Insurance Requirements Programmatic Reporting Requirements 1.2 DEFINED TERMS. As used herein the following terms shall mean: Funds: The $1,000,000.00 paid to PROVIDER in exchange for PROVIDER completing the activities described in the Scope of Services set forth in Exhibit B. 2 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the PROVIDER or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: The City of Miami Office of Management and Budget or its designee. Federal Award: Any federal funds received by the PROVIDER from any source during the period of time in which the PROVIDER is performing the obligations set forth in this Agreement. Program: CAMACOL INC. will implement its youth and minority employment and job training programs in the tech and digital media sectors, which is pursuant to the American Rescue Plan Act of 2021, Pub. L. No. 117- 2 (March 11, 2021) (the "Act"), 31 CFR Part 35 ("Final Rule"), and by R-22-0455 (the "Resolution") with funding from the United States Department of the Treasury Treasury: The United States Department of the Treasury. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 The Scope of Services submitted by the PROVIDER to the CITY which shall become attached hereto as Exhibit "B" to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities and/or services to be carried out by the PROVIDER and the goals of the activities and/or services being provided. It should specifically describe the activities and/or services to be carried out as a result of the expenditure of Funds. Where appropriate it should list measurable objectives, provide metrics, define the who, what, where and when of the services and/or project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 3 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB 2.1.2 The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Scope of Services. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the PROVIDER under this Agreement. 2.1.3 A Statement of Need should be provided and, if available, it is recommended to provide any applicable data and source citations for said data. 2.1.4 The Scope of Services should provide a Project/Program Objective which shall include the population being served and any applicable and available demographic information. 2.1.5 Identify any key factors of the Scope of Services that demonstrate why the activities and/or services are eligible for ARPA Funding. 2.1.6 If the Scope of Services uses evidence -based interventions, the PROVIDER must provide the evidence base for the interventions that are ARPA funded. PROVIDER shall identify the total dollar amount of the Award allocated towards evidence - based interventions in the Budget Summary identified in Section 2.2 of this Agreement. 2.1.7 The PROVIDER shall include an estimated project timeline for the activities and/or services identified in the Scope of Services. Said project timeline shall be in accordance with Section 3.2 of this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "C", including the PROVIDER's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the PROVIDER's present officers and members of the Board (names, addresses, and telephone numbers.) 2.4 A list of key staff persons (with their titles) who will carry out the Scope of Services. 2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the PROVIDER's corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 Copy of the PROVIDER's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the PROVIDER, certified by the PROVIDER's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Acceptance of federal requirements applicable to the Program under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for 4 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Federal Awards; acceptance of the requirements contained under the Act and Lead Based Paint regulations under 24 CFR Part 35. 2.12 ADA Requirements. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: The effective date of this Agreement is the date that the City Clerk signs this Agreement ("Effective Date"). The term of this Agreement shall commence on the Effective Date and shall expire on September 30, 2025, unless extended per written agreement by both parties. Pursuant to the Final Rule, the funds must be expended by December 31, 2026 and therefore this Agreement shall not be extended beyond said date. The term of this Agreement may be amended, modified, or subject to termination in the event the Final Rule amends the timeframe for which the funds must be expended. 3.3 OBLIGATIONS OF PROVIDER. The PROVIDER shall carry out the services and activities as prescribed in its Scope of Services, attached hereto and incorporated herein as Exhibit "B" ("Scope of Services"), which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by the Treasury and the CITY. 3.4 POLICIES AND PROCEDURES. This Agreement is subject to the current Federal requirements and/or regulations under the Act or otherwise, as may be amended. The PROVIDER is aware of and accepts the Act, the Final Rule, and the Programmatic Reporting Requirements, which is attached hereto and incorporated herein as Exhibit "H," (collectively, "Policies and Procedures"), as the official documents that outline the fiscal, administrative, and federal guidelines that shall regulate the day-to-day operations of the PROVIDER. The Policies and Procedures are incorporated herein and made part of this Agreement. The CITY reserves the right to update the Policies and Procedures, or any portion thereof, in the CITY's sole and absolute discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Services be required or in the event of the occurrence of any delays in the activities thereunder, the PROVIDER shall 5 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB immediately notify the Department in writing, giving all pertinent details and indicating when the Scope of Services shall begin and/or continue. It is understood and agreed that the PROVIDER shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 3.6 PRIOR APPROVAL. The PROVIDER shall obtain the prior approval of the CITY prior to undertaking any of the following with respect to the project and/or the Scope of Services: ■ The addition of any positions not specifically listed in the approved Itemized Budget. ■ The modification or addition of any job descriptions. • The purchase of any non -expendable personal property. • The disposition of any real property, expendable personal property or any non - expendable personal property. • Any out-of-town travel not specifically listed in the Itemized Budget. • The use of Funds in any manner not specifically listed in the Itemized Budget. • Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. ■ The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROVIDER shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the term hereof, the PROVIDER shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROVIDER shall furnish to the CITY original certificates of insurance indicating that the PROVIDER is in compliance with the provisions described in Exhibit "G" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the PROVIDER at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The PROVIDER agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the PROVIDER are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture Funds in the event that the PROVIDER shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept 6 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB conditions imposed by the CITY at the direction of the federal, state, and local governments and/or agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in rules, laws, federal guidance, rules, laws, and regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the PROVIDER shall adhere to the following audit requirements: 5.1.1 If the PROVIDER expends $750,000 or more in federal funds during its fiscal year, it shall have a Single or a Program -Specific Audit conducted for that year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with the applicable requirements of 2 CFR 200.514 "Scope of Audit", except when the PROVIDER elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROVIDER expends Federal Awards under only one federal program and the federal program's statutes, regulations, or the terms and conditions of the Federal Award do not require a financial statement audit of the PROVIDER, the PROVIDER may elect to have a Program -Specific Audit conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits". The auditor must: (i) Perform an audit of the financial statement(s) for the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perform tests of internal controls over the Federal program consistent with the applicable requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the PROVIDER has complied with Federal statutes, regulations, and the terms and conditions of Federal Awards that could have a direct and material effect on the Federal program consistent with the applicable requirements of 2 CFR 200.514(d); 7 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB (iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the PROVIDER in accordance with the applicable requirements of 2 CFR 200.511 "Audit findings follow-up", and report, as a current year audit finding, when the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding; and (v) Report any audit findings consistent with the applicable requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; (ii) A report on internal control related to the Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the PROVIDER complied with laws, regulations, and the terms and conditions of Federal Awards which could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with 2 CFR 200.515 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3). 5.1.2 If the PROVIDER expends less than $750,000 in federal funds during its fiscal year, it is exempted from federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The CITY, however, may request the PROVIDER to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. 8 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB ARTICLE VI RECORDS AND REPORTS 6.1 The PROVIDER shall establish and maintain sufficient records to enable the CITY to determine whether the PROVIDER has met the requirements of the Program. At a minimum, the following records shall be maintained by the PROVIDER: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with Funds, including its location (if the activity has a geographical locus), the amount of Funds budgeted, obligated and expended for the activity, and the specific provision in the Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the Policies and Procedures and the Resolution, and that such information is provided in the form required in same. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Financial records, in accordance with the applicable requirements of the Final Rule. 6.1.4 Records required to be maintained in accordance with other applicable laws and regulations set forth in the Final Rule. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the PROVIDER's records, including project and programmatic records and books of account, for a period of five (5) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the PROVIDER at least until the expiration of the Retention Period. The PROVIDER shall maintain records sufficient to meet the requirements of the Final Rule. All records and reports required herein shall be retained and made accessible as provided thereunder. The PROVIDER further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The PROVIDER shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, 9 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. The parties hereto further agree that any of the obligations in this section will survive the term, termination, and cancellation hereof. IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CON TRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE DEPARTMENT'S CUSTODIAN OF RECORDS AT THE OFFICE OF MANAGEMENT AND BUDGET, 444 SW 2ND AVENUE, 5' FLOOR, MIAMI, FL 33130. 6.2.2 The PROVIDER shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement. 6.2.3 If the CITY or the PROVIDER has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Scope of Services or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The PROVIDER shall notify the Department in writing both during the term of this Agreement and after its expiration/termination as part of the final close-out procedure, of the address where all Agreement Records will be retained. 6.2.5 The PROVIDER shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 10 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB 6.3.1 At any time upon request by the Department, the PROVIDER shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Scope of Services for public purposes. 6.3.2 If the PROVIDER receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the PROVIDER shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The PROVIDER shall permit the Department and other persons duly authorized by the CITY or Department to inspect all Agreement Records, facilities, goods, and activities of the PROVIDER 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 PROVIDER. Following such inspection or interviews, the Department will deliver to the PROVIDER a report of its findings. The PROVIDER will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department wiith a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the PROVIDER's justification is acceptable. At the request of the CITY, the PROVIDER shall transmit to the CITY written statements of the PROVIDER's official policies on specified issues relating to the PROVIDER's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The PROVIDER shall ensure the cooperation of its employees and its board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping board of directors and an organization for which the PROVIDER is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the PROVIDER shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The PROVIDER shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The PROVIDER shall submit to the CITY, on a quarterly basis, a Scope of Services status report. 11 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB ARTICLE VII OTHER PROGRAM REOUIREMENTS 7.1 The PROVIDER shall maintain current documentation that its activities are Program eligible in accordance with the Policies and Procedures and the Resolution. 7.2 The PROVIDER shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with Funds is an activity which provides benefit to eligible Program applicants under the Act and the Resolution. 7.3 The PROVIDER shall comply with all applicable provisions of the Policies and Procedures and the Resolution and the PROVIDER shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER acknowledges that it may be required to comply with additional requirements imposed by the Treasury and/or the CITY, and PROVIDER agrees to comply with such requirements upon written notice from the CITY. 7.4 The PROVIDER shall cooperate with the Department in attending meetings at the request of the Department and to provide information as requested or required to the Department. 7.5 OMITTED. 7.6 NON-DISCRIMINATION. The PROVIDER shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Scope of Services or its performance under this Agreement. Furthermore, the PROVIDER agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Funds. 7.7 The PROVIDER shall carry out its Scope of Services in compliance with all federal laws and regulations, state statutes, and local laws. 7.8 OMITTED. 7.9 UNIFORM ADMINISTRATIVE REOUIREMENTS. The PROVIDER shall comply with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the PROVIDER is or was created by a religious organization, the PROVIDER agrees that all Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of the Act and all applicable laws. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, Funds may not be used for religious activities. The 12 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB PROVIDER shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the PROVIDER must transfer to the CITY any unused Funds at the time of expiration/termination and any accounts receivable attributable to the use of Funds. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the PROVIDER's receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the PROVIDER fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The PROVIDER shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The PROVIDER shall incorporate in all consultant subcontracts the following provision: "The PROVIDER is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROVIDER. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract." 7.13.3 The PROVIDER shall be responsible for monitoring the contractual performance of all subcontracts. 7.13.4 The PROVIDER shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The 13 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB CITY's review and confirmation shall be obtained prior to the release of any funds for the PROVIDER's Subcontractor(s). 7.13.5 The PROVIDER shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The PROVIDER and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Davis -Bacon Act, Contract Work Hours and Safety - Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII PROVIDER CERTIFICATIONS, ASSURANCES, AND REGULATIONS. 8.1 The PROVIDER certifies that: (a) The PROVIDER possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. (b) The PROVIDER shall comply with the Hatch Act, which limits the political activity of employees. (c) The PROVIDER shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the PROVIDER and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 14 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX INTENTIONALLY OMITTED ARTICLE X REMEDIES, SUSPENSION. TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the PROVIDER, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROVIDER that any payment made in accordance with this Agreement to the PROVIDER shall be made only if the PROVIDER is not in default under the terms of this Agreement. If the PROVIDER is in default, the CITY shall not be obligated and shall not pay to the PROVIDER any sum whatsoever. If the PROVIDER fails to materially comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROVIDER, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current Funds committed to the PROVIDER. 15 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB 10.1.4 Withhold further grants, loans, and/or other monies for the PROVIDER. 10.1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause, temporarily suspend the PROVIDER's operations and authority to obligate funds under this Agreement or withhold payments to the PROVIDER pending necessary corrective action by the PROVIDER. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the Funds by the PROVIDER; (ii) Failure by the PROVIDER to comply with any term or provision of this Agreement; (iii) Failure by the PROVIDER to submit any documents required by this Agreement; or (iv) The PROVIDER's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the PROVIDER's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the PROVIDER in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY's funding source reduces the CITY's entitlement under the Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the PROVIDER pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the PROVIDER is materially non -compliant with any term or provision of this Agreement. 16 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the PROVIDER to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROVIDER'S breach is waived by the Department in writing, the CITY may, by written notice to the PROVIDER, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The PROVIDER shall indemnify, hold harmless, and defend the CITY, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of PROVIDER and persons employed or utilized by PROVIDER in the performance of this Agreement. PROVIDER shall, further, hold the CITY, its officials and/or employees, harmless for, and defend the CITY, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the CITY, its officials and/or employees were negligent. These indemnifications shall survive the term 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 PROVIDER shall, upon written notice from the CITY, resist and defend such action or proceeding by counsel satisfactory to the CITY. The PROVIDER expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the PROVIDER shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the PROVIDER to defend, at its own expense, to and through 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 PROVIDER, or persons employed or utilized by PROVIDER. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. 17 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB The PROVIDER shall require all sub -contractor agreements, if applicable, to include a provision that they will indemnify the CITY. The PROVIDER 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 PROVIDER in which the CITY participated either through review or concurrence of the PROVIDER's actions. In reviewing, approving or rejecting any submissions by the RECIPIENT or other acts of the PROVIDER, the CITY in no way assumes or shares any responsibility or liability of the PROVIDER or Sub - PROVIDER under this Agreements. 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the PROVIDER under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the CITY. The PROVIDER agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROVIDER for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROVIDER 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 this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The PROVIDER further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on 18 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB the part of the PROVIDER or its employees must be disclosed in writing to the CITY. 11.7.2 The PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), as amended, and agrees that it shall comply in all respects with the terms of the same. 11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the PROVIDER agrees and understands that the CITY has no obligation to renew this Agreement. 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the Funds and sets forth the rights, duties, and obligations of each of the parties hereto 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. 11.11 GENERAL CONDITIONS. 11.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time upon notice in writing. 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. CITY OF MIAMI Office of Management and Budget 444 SW 21'd Avenue, 5th Floor Miami, FL 33130 Attn: Budget Director With a Copy To: Office of the City Attorney 444 SW 2"d Avenue, 9th Floor Miami, FL 33130 Attn: City Attorney 19 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB PROVIDER CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. 1401 West Flagler Street Miami, FL 33135 Attn: Jose (Joe) Chi, President 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11.11.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 11.11.4 No waiver of 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. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.11.6 It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. 11.11.7 In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. 11.11.8 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 20 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB 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. 11.11.9 PROVIDER shall consult with the CITY 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 may be withheld in the CITY's sole discretion. 11.12 INDEPENDENT CONTRACTOR. The PROVIDER and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 11.14 CERTIFICATION. The PROVIDER certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the PROVIDER, nor any assignee, successor, heir or personal representative of the PROVIDER, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the PROVIDER, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 11.16 CLOSE-OUT. When the CITY determines that all required work under the Agreement has been completed or upon the expiration or termination of the Agreement, the CITY shall require the PROVIDER to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: • A final performance or progress report. • A financial status report. ■ A final request for payment. The PROVIDER shall submit said reports to the CITY within thirty (30) calendar days from the date of the expiration or termination of the Agreement or the PROVIDER receives notice from the 21 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB CITY that all required work under the Agreement has been completed. Failure to provide these reports shall constitute an event of default and the CITY may avail itself to any remedies available to it under this Agreement or take such other action that the CITY may avail itself to in law or equity. Any unspent funds shall be returned to the CITY no later than five (5) business days after the submittal of said reports. Remainder of page intentionally left blank. Signatures on the next page. 22 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: PROVIDER CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. 1401 West Flagler Street Miami, FL 33133 a Florida Not For Profit Corporation ATTEST: Date: TV 14 Name: .t9e'A .(Ld Date: 04/P/247/3 Title: FiUCcci- iu./.. ' ll2& 'b^- CITY OF MIAMI, a municipal Corporation of the State of Florida —DocuSigned by: Qrfr Noric,oa. "-850CF6C372DD42A... May 9, 2023 1 18:31:26 EDT Arthur Noriega V. City Manager Date: Corporate Seal: ATTEST: CDocuSigned by: E46DF1459... May 12, 2023 1 19:1 Todd B. Hannon City Clerk DocuSigned by: Date: APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS CORRECTNESS: rx# �DocuSigned by. ,—DocuSigned by: Frame as Mt") pr21 5 t1821Ib23 I 06:46:58 EDT —F"IEF90AF6FEd,1537Y 3 223 I 18:38:16 EDT Ann -Marie Sharpe Date: Victoria Mendez Date: Risk Management City Attorney 23 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT A CORPORATE RESOLUTION AUTHORIZING EXECUTION OF THIS AGREEMENT DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB CORPORATE RESOLUTION WHEREAS, the Camara de Comercio Latina de los Estados Unidos, CAMACOL a Not for Profit Florida Corporation, to enter into an Agreement with the City of Miami, a copy of which is attached hereto; and WHEREAS, the Board of Directors, at a duly held corporate meeting, has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS, that Patricia Arias, Executive Director Camara de Cornerao Latina de los Estados Unidas, CAMACOL is hereby authorized and instructed to enter into an Agreement and undertake the responsibilities and obligations as stated in such proposed Agreement in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed Agreement to which this resolution is attached. ATTEST: xgfe:car President Print Name: Joe Chi, President DATED this 3r4 day of March 2022. Print Name: Patricia Arias Title: Executive Director (Corporate Seal) DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT B SCOPE OF SERVICES (Detailed description of the scope of services must be provided for each service/program) DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Exhibit B Scope of Services Program Dates April 1, 2023 to September 30, 2025 Demographic of Clients Being Served: Residents within Districts 1-5 in the City of Miami. Statement of Need CAMACOL is the largest Hispanic business organization in the State of Florida and one of the most influential minority business groups in the United States. For over 6 decades, CAMACOL's mission has been to foster the entrepreneurial spirit of our communities Hispanic and minority communities, and as such, it conducts programs to strengthen local business activity, promote economic development, facilitate business activities and serve the civic needs of the community and state. Through its various programs and initiatives, CAMACOL has provided the small and minority business community with commercial business assistance services which includes: • Training, and skills development • Establishment of business linkages • Employment development CAMACOL's year-round mission is to establish commercial linkages, develop business opportunities and sponsor activities which create and retain employment for our community. Through many activities and events CAMACOL has been able to assist our community and generate the creation and or retention of over jobs in the City of Miami. Innovation is the currency of today's global economy. Innovation fuels productivity, attracts investment, and stimulates economic growth. DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Where innovation thrives, successful enterprises will, too. The City of Miami is such a place. Miami is fastly emerging as the place where these elements combine to fuel an innovation economy unrivaled in its growth and vitality. CAMACOL and its programs are solid economic development partners on initiatives which will stimulate our economy and create jobs for the residents of the City of Miami. However, there is a need to outreach to a special segment of our community, who are currently underserved and or which have been affected by the post -pandemic business climate. By a lack of knowledge of technology, resistance to the ever - changing way of doing business and or securing employment and or unability to secure employment opportunities. There is a evident need to outreach to these members of our population. And, due to CAMACOL's track record, we are poised to ensure that this community be served. DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Program Objectives Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade & logistics Our program goals will include: • Development of skills necessary to obtain employment for the City's minority community in these sectors; • Training programs for at risk youth and minorities; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; • Work with our public and private sector partners in program implementation Description of Program Activities • Generate a series of training seminars, to provide the necessary skills to the target community. Clients receiving the training will be residents of the City of Miami • Develop a database of eligible target city of Miami residents as potential employees or businesses in the target sectors • Sponsor a specialized series of technical events, webinars, workshops, zooms to achieve program objectives. Clients receiving the training will be residents of the City of Miami • Clients will meet the eligibility criteria by providing proof of City Residency • Clients in the youth will show proof of age between 17-21 years old • Develop programs and initiatives that will foster employment for City of Miami residents in the target sectors • Provide monthly report and evaluation of the program goals to ensure deliverables are met. DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Q/2 to Q/3 Program Objectives Description of Activities Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade and logistics Our program goals will include: • Development of skills necessary to obtain employment for the City's minority community in these sectors; • Training programs for at risk youth and minorities; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; Work with our public and private sector partners in program implementation • Initiate program activities o Develop program materials o Meet with potential partners o Outreach and recruitment of clients ensuring they are City of Miami residents • Identify program partners • Recruit potential employers • Create & initiate database as an employment pool for potential employers • Design Summit program to meet program deliverables in the identified target sectors • Conduct Industry Summit September 18- 20, 2023 at the Miami Beach Convention Center • Monthly Reports o May 10, 2023 o June 10, 2023 o July 10, 2023 o August 10, 2023 o September 10, 2023 o October 10, 2023 • Q2 Quarterly Report July 10, 2023 • Q3 Quarterly Report October 10, 2023 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Q/4 2023 to Q/1 2024 Program Objectives Description of Activities Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade and logistics Our program goals will include: • Development of skills necessary to obtain employment for the City's minority community in these sectors; • Training programs for at risk youth and minorities; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; Work with our public and private sector partners in program implementation • Continue to conduct program activities o Develop program materials (as needed) o Meet with additional potential partners (as needed) o Outreach and recruitment of clients ensuring they are City of Miami residents • Sponsor a specialized series of technical events, webinars, workshops, zooms to achieve program objectives. Clients receiving the training will be residents of the City of Miami • • • • Continue recruitment of potential clients Maintain database as an employment pool for potential employers and update program pipeline Follow-up Summit Program activities to ensure deliverables in the identified target sectors Monthly Reports o Oct 10, 2023 o Nov 10, 2023 o Dec 10, 2023 o Jan. 10, 2024 o Feb 10, 2024 o March 10, 2024 o April 10, 2024 • Q4 Quarterly Report Jan 10, 2024 • Q1 Quarterly Report April 10, 2024 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Q/2 2024 to Q3 2024 Program Objectives Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade and logistics Our program goals will include: • Development of skills necessary to obtain employment for the City's minority community in these sectors; • Training programs for at risk youth and minorities; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; Work with our public and private sector partners in program implementation. Description of Activities • Continue to conduct program activities o Develop program materials (as needed) o Meet with additional potential partners (as needed) o Outreach and recruitment of clients ensuring they are City of Miami residents • • • • • Sponsor a specialized series of technical events, webinars, workshops, zooms to achieve program objectives. Clients receiving the training will be residents of the City of Miami Continue recruitment of potential clients Maintain database as an employment pool for potential employers and update program pipeline Conduct Industry Summit/September 2024 Follow-up Summit Program activities to ensure deliverables in the identified target sectors • Monthly Reports o May 10, 2024 o June 10, 2024 o July 10, 2024 o August 10, 2024 o September 10, 2024 o October 10, 2024 • Q2 Quarterly Report July 10, 2024 • Q4 Quarterly Report by Oct. 10, 2024 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Q/4 2024 to Q/3 2025 Program Objective Description of Activities Establishment of solid linkages with public and private sector entities to enable access for the small and minority community, located in the City of Miami, to the following growth target sectors, and implement initiatives that will foster the same: • Tech • Digital media • Trade and logistics Our program goals will include: • Development of skills necessary to obtain employment for the City's minority community in these sectors; • Training programs for at risk youth and minorities; • Development of employment opportunities for minorities and disenfranchised to enter into the tech and digital media sectors; Work with our public and private sector partners in program implementation • Continue to conduct program activities o Develop program materials (as needed) o Meet with additional potential partners (as needed) o Outreach and recruitment of clients ensuring they are City of Miami residents • • • • • Sponsor a specialized series of technical events, webinars, workshops, zooms to achieve program objectives. Clients receiving the training will be residents of the City of Miami Continue recruitment of potential clients Maintain database as an employment pool for potential employers and update program pipeline Conduct Industry Summit/September 2024 Follow-up Summit Program activities to ensure deliverables in the identified target sectors • Monthly Reports o Nov 10, 2024 o Dec 10, 2024 o Jan 10, 2025 o Feb 10, 2025 o March 10, 2025 o April 10, 2025 o May 10, 2025 o June 10, 2025 o July 10, 2025 o August 10, 2025 o September 10, 2025 o Oct 10, 2025 • Q4 Quarterly Report Jan 10, 2025 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB • Q1 Quarterly Report April 10, 2025 • Q2 Quarterly Report July 10, 2025 • Q3 Quarterly Report & Final Report with obtained program impact Oct 10, 2025 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB ACC DESCRIPTION Q2 2023 TO Q39/30/2023 Q4 2023 TO Q13/30/2024 Q2 2024 TO Q3 9/30/2024 Q4 2024 TO Q3 9/30/2025 TOTAL BUDGET 8500 ACCOUNTING & AUDITING 725.00 2,300.00 25,000.00 25,000.00 53,025.00 8510 PROFESSIONAL SERVICES 79,000.00 79,000.00 79,000.00 82,000.00 319,000.00 8520 ADVERTISING & PROMOTIONAL MATERIALS 36,000.00 12,000.00 18,725.00 10,000.00 76,725,00 8580 LIABILITY INSURANCE 3,000.00 3,000.00 3,000.00 6,500.00 15,500.00 8610 OFFICE SUPPLIES 1,000.00 1,000.00 1,000.00 1,000.00 4,000.00 8655 DEVELOP & MAINTAIN DATABASE 10,000.00 14,425.00 10,000.00 5,000.00 39,425.00 8670 SPACE ALLOCATION EXPENSES 1,000.00 6,000.00 6,000.00 11,000.00 24,000.00 8700 SALARIES 50,000.00 50,000.00 50,000.00 50,000.00 200,000.00 8750 STAFF FICA 3,100.00 3,100.00 3,100.00 3,100.00 12,400.00 8760 STAFF MICA 725.00 725.00 725.00 725.00 2,900.00 8770 STAFF UNEMPLOYMENT 500.00 500.00 500.00 500.00 2,000.00 8800 TELEPHONE 3,000.00 3,000.00 3,000.00 6,500.00 15,500.00 8810 TRAINING EXPENSES (ACADEMIC) 20,000.00 40,000.00 20,000.00 20,000.00 100,000.00 8840 UTILITIES ( FPL) 3,000.00 3,000.00 3,000.00 6,500.00 15,500.00 8850 STAFF WORKERS COMP. 150.00 150.00 150.00 150.00 600.00 8910 EVENT SUPPLIES & SERVICES 24,000.00 24,000.00 19,000.00 10,025.00 77,025.00 8920 COMPUTER SUPPLIES N& REPAIRS 5,000.00 3,000.00 3,000.00 3,000.00 14,000.00 8921 INTERNET SERVICES 4,800.00 4,800.00 4,800.00 9,000.00 23,400.00 8922 COMPUTERS (EQUIPMENTS) 5,000.00 _ 5,000.00 TOTAL 250,000.00 250,000.00 250,000.00 250,000.00 1,000,000.00 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB reteserendlaineviett rielemennattnomen 04/12023 to 9/30/2023 Program Name DIGITAL MEDIA 8 TECHNOLOGY TRAINING/PLACEMENT PROGRAM Agency Approv# Canty Approval: Signature / Date Print Nero MOM* J f 4/*/ /2023 Fiscal (cost basis aril')-Atcoraare Suprrnor - - 't Total Cost to Agency by Revenue Source Told Coo to Agency For tlra Budget Perlod % chargedb b CITY % Clumped Cged cow = Funding Source Total % al,Justflkatton Funding MI atil i i i Other Funding Sosrce(e) takag4rl s City of Ike* NIA . Amount % Amount % Amount % 8500 - Accounting 725 100.0% 0.0% 0 0% 725 100 0% 0 0% 100% Entertainment LLC,Jose Luis Martinez Director Training & 28,000 100 0% 0 0% 0.0% 28,000 100 0% 0 0% 100% of Placement 8510 - Professional Services, Ruben Fernandez Program Manger 28 000 100 0% 0.0% 0 0% 26,000 100.0% 0 0% 100% 8510 - Professional Services, Program Super Visor. TBD 25,000 100.0% 0.0% 0.0% 25.000 100 0% 0.0% 100% 8520 - Advertising and Promotion 38,000 100 0% 0.0% 0.0% 36,000 100 0% 0 0% 100% 8580 - Liability Insurance 3.000 100.0% 0.0% 0.0% 3,000 100 0% 0.0% 100% 8610 - Office Supplies & Services 1.000 100.0% 0.0% 0.0% 1,000 100 0% 0.0% 100% 8655 - Developer Mainan Database 10,000 100.0% 0.0% 0.0% 10,000 100.0% 0.0% 100% 8670 - Space Allocation 1.000 100 0% 0.0% 0.0% 1,000 100.0% 0 0% 100% 8700 - Salary Executive Director/Patricia Arias 24,505 39.7% 0.0% 37,195 60.3% 61.700 39.7% 80 3% 100% 40 Fan $59 37/ 1# 52 Papal is psi week x x weeks pp yew Pe' weekly 8750 - FICA , 8760 MICA, 8770 - STAFF UNEMPLOYMEN' 2,119 62.4% 0.0% 1,278 37 6% 3,397 82.4% 37 6% 100% FICA/MICA. laaanri (13 5%), Workers Camp (5 4%). W4rrpbrnM (2%) 8700 - Accounting Managirg/Waweslao R Fagu do 17,882 41 7% 0.0% 24,989 58 3% 42,851 41 7% 56.3% 100% 40 hen $412d Fk 52 Papas it bi par rusk a a woks per yer. pressssd wetly 8750 -FICA , 8760 - MICA, 8770 - STAFF UNEMPLOYMEN' 1.547 63 2% 0.0% 902 36.8% 2,449 83 2% 36.8% 100% FICASAICA. re4ane4 (13 5%), Wakes Coop (5 4%), Reemplolners (2%) 8700 - Bookkeeper, Guilerna Wong 7,613 52 2% 0.0% 6.964 47.8% 14.577 52 2% 47 8% 100% 32 floss per reek Jr $17 52/ Fb a 52 weeks per year Papal is proered bF weekly 8750 - FICA , 8760 - MICA, 8770 - STAFF UNEMPLOYMEN' 659 67.7% 0 0% 315 32 3% 974 67 7% 32 3% 100% FICA/MICA. retirement (13.5%( Workers Camp (5 4%), Reemployment (2%) 8800 - Telephone 3,000 100 0% 0.0% 0 0% 3,000 100 0% 0 0% 100% 8810 - Training Expenses (Academic) MDC 20,000 100.0% 0.0% 0 0% 20.000 100 0% 0 0% 100% 8840- Utilities 3,000 100.0% 0.0% 0.0% 3,000 100.0% 0.0% 100% 8850 Stair Workers Compennabon 150 42 0% 0.0% 207 58 0% 357 42 0% 58 0% 100% 8910 - Event Supplies & Services 24.000 100 0% 0.0% 0.0% 24,000 100.0% 0 0% 100% 8920 - Computer Supplies & Repair 5,000 100 0% 0 0% 0 0% 5,000 100 0% 0 0% 100% 8921 - Internet Services 4,800 100 0% 0.0% 0 0% 4,800 100.0% 0 0% 100% DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB 8922 - Computer (Equipments) 5.000 100.0% 0 0% 0.0% 5,000 100 0% 0A% 100% SUBTOTAL 250,000 - 71,131 321,331 PeeeraN Berne 0.0% 0 0% 0.0% 0.096 0 0% 0% Fringe Benefits 0.0% • 0.0% 0 0% - 0.0% 0.0% 0% Po ionJ Name 0 0% 0 0% 0.0% - 0.0% 0.096 0% FwgeBene's 00% 00% 0.0% - 00% 00% 0% 0.0% 00% 00% • 0.0% 0.0% 0%, 0.0% 0 0% 0.0% - 0.0% 0.0% 0% 00% 0.0% 0.0% - 0.0% 0.0% 0% 0.0% 00% 0.0% - 0.0% 0.0% 0% 0.0% 0.0% 0.0% - 0.0% 0.0% 0%4 006 00% 00% - 00% 00% 0% 0.0% 00% 00% • 0.0% 0.0% 0% 0.0% 00% 0.0% - 0.0% 0.0% 0% 0.0% 00% 0.0% - 0.0% 00% 0% 0.0% 0 0% 0.0% - 0.0% 0.0% 0% 0.0% 00% 00% - 00% 0.0% 0% 0.0% 00% 0.0% - 00% 0.0% 0% SUBTOTAL - - - - /ARD: 250,000 - 71,131 321,331 IDC % 0.00% 0.00% 0.00% 0.00% DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT C COMPENSATION AND BUDGET SUMMARY A. The maximum compensation under this Agreement shall be $1.000,000.00 and shall be disbursed as follows: a. The not to exceed amount of $250,000.00 shall be disbursed, in one lump sum, to the PROVIDER on or after May 1, 2023. b. The not to exceed amount of $250,000.00 shall be disbursed, in one lump sum, to the PROVIDER on or after October 1, 2023. c. The not to exceed amount of $250,000.00 shall be disbursed, in one lump sum, to the PROVIDER on or after April 1, 2024. d. The not to exceed amount of $250,000.00 shall be disbursed, in one lump sum, to the PROVIDER on or after October 1, 2024. B. PROVIDER's Itemized Budget, Cost Allocation, Budget Narrative, Personnel, position title and compensation are attached hereto and made part of this Agreement. C. All payments shall be for services provided only during the term of this Agreement and in compliance with the previously approved Work Program (Exhibit B) and Program Budget. No later than thirty (30) calendar days prior to the City disbursing funds pursuant to Section A herein, PROVIDER shall provide a detailed budget for the months between said disbursement date and the next disbursement date. For the avoidance of any confusion, if the disbursement date is January 1, 2023 and the next disbursement date is August 1, 2023, the PROVIDER shall provide the CITY a detailed budget on December 2, 2022, for the time period of January 1, 2023 to July 31, 2023. D. Requests for payment should be submitted to the CITY to the following email address arpareimbursements@miamigov,com in a form provided by the Department. Failure to comply with these terms or requirements for requesting payment may result in the rejection of the request for payment. Upon commencement of the term of this agreement PROVIDER must register as a City Supplier through the following web portal: https://www.miamigov.com/Business- LicensesLDoing-Rosiness-with-the-City/Register-as-a-City-Supplier-Vendor. PROVIDER may enroll in Direct Payment with the CITY. The DEPARTMENT can provide additional information for the PROVIDER to enroll in Direct Payment. E. Each written request for payment shall contain a statement declaring and affirming that the work was completed in accordance with the approved Scope of Work and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. F. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. G. The PROVIDER must submit the final request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. If the PROVIDER fails to comply with this requirement, the PROVIDER shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 26 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB H. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the PROVIDER as a part of this Agreement and any modifications thereto. I. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the PROVIDER pertaining to any payments by the CITY. Authorized Repressive Signature: X Print Title INC. Date sident, CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of jphysical presence or o online notarization, this 2 t day of Per i I 20 23 by Jose "Joe" Chi of CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., a Florida Not for Profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal]: Derek Javier Zamuda Menem Notary Public State of Florida Comm#HH329832 Expires 1]./7/2QTh 27 Notary DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT D CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Representative Signature: Joe hi Date Tit - : President, CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of Er physical presence or 0 online notarization, this Z. t day of Apr', \ 20 1--5 by Jose "Joe" Chi of CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., a Florida Not for Profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. r- - [Notary Seal]: Derek Javier 7amuna Herrera Notary Public State of Florida Commit HH329832 Expires 11/7/2026 28 igna ure DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. PROVIDER certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. Authorized sentative Signature: V r// 2/) 2023 Printi`Joe" Chi Date Title: President--CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 2/physical presence or 0 online notarization, this 2- I day of /If v: 1 20 2'2) by Jose "Joe" Chi of CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., a Florida Not for Profit corporation, on behalf of the corporation. He/she is personal known to me or has produced as identification. - [Notary Seal]: Derek Javier Zamtela Hem Notary Public State of Florida Comm# HH329832 Expires 11/7/2026 29 re cof Notary DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to byIIkda�' Ae,t GAG C�r►Mia !Y GI DS Naps, ii�Ir1Alt ,,`D� (Print this individual's name and title) for %m4e4 comeak 1 ta0' ck 616(db6 Uni i 1410L (Print name of entity submitting statements) whose business address is Iu0 i IA). let vbiatC and if applicable is Federal Employer Identification Number (FEIN) is 561-12V-q46 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1Xa), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(Ixb), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1Xa), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The 30 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. f Please indicate with an "X" which statement applies). X Neither the entity submitting this swom statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Authorized Representative Signature: Pi" Pri Z''Z3 Pri `:i': ose "Joe" Chi Date Tit e: President, CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of liphysical presence or ❑ online notarization, this 2 t day of A f V 1 20 T3 by Jose "Joe" Chi of CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC., a Florida Not for Profit corporation, on behalf of the corporation. He/she is persona known to me or has produced as identification. [Notary Seal]: Derek Javier Zamurla Herrera Notary Public State of Florida Commit HH329832 Expires 11/7/2026 31 gnature of Notary DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT G INSURANCE REQUIREMENTS CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC. AMERICAN RESCUE PLAN ACT FUNDING 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 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami included listed as additional insured Contingent and Contractual Exposures Premises & Operations Liability Primary Insurance Clause Endorsement XCU hazards included, if applicable II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned Autos/Scheduled Autos Including coverage for Hired and Non -Owned Autos Combined Single Limit $ 300.000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. 32 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional/Error's & Omissions Liability Each Claim $1,000,000 Policy Aggregate $1,000,000 Retroactive Date Included V. Certificate Holder Information should be listed as the following: City of Miami 444 SW 2°d Avenue Miami, FL 33130 'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK PROGRAM" THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH 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. 33 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB Coviter CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD/YYYY) 3/14/2023 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 poi cy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER FINANCIAL AFFAIRS CORPORATION 1405 SW 107th Ave #201C Miami, FL 33174 License #:A037643 CONTACT NAME PHONE FAX Pr1 (305)221-4911 ,L d,(305)226 5130 Ali ADDRESScertiicates@financia affairs.us INSURERS) AFFORDING COVERAGE NAICa INSURERA LANDMARK At ERICAN INSURANCE CCI4PANY INSURED CAMARA DE CCMERCI0 LATINA DE LOS ESTADOS UNIDOS (CAMACOL) , INC. 1401 W FLAGLER ST MIAMI, FL 33135 (305) 631-6555 INSURER B WESTERN WORLD INSURANCE COMPANY INSuRFRc BRIDGEFIELD EMPLOYERS INSURANCE INSURER INTACT INSURANCE MANAGEMENT INSURERE HARTFORD FIRE INSURANCE INSJREOF VERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES 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 POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS% LTR TYPE OF INSURANCE wuut-eue" ,ILD WYD POLICY NUMBER POLICY EFF _1m!DD/YYYYI POLICY EXP IMM/DD'YYYYI LIMITS A X COMMERCIAL GENERAL UABIUTY Y Y LHC801975 3/13/2023 3/13/2024 EACH OCCURRENCE $ 1,000,000 eJ CLAIMS -MADE X OCCUR PRFMISESAGBL(Fa occurrence) $ 100,000 MED EXP (Anyone person; $ 5,000 R PROFESSIONAL E&O PERSONAL &ADV INJURY $ 1,000,000 GENT x AGGRE POLICY OTMFR TE LIMIT APPLIES PER'. jECT 1� LOC PROFF CLAIMS MADE GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 $ $ AUTOMOBILE = LIABIUTY ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY .� SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y NPP8936443 1/19/2023 1/19/2024 COMBINED SINGLELim[ r IEa occident) $ 300,000 BODILY INJURY (Par person) $ BODILY INJURY (Per accident( S PROPERTY DAMAGE I Per...dant) $ S UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE 9 AGGREGATE $ S DEO URETFNTION$ C _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR; PARTNER 'EXECUTIVE OFFICER/MEMBER EXCLUDED, (Mandatory in NH) byes describe under DFSCRIPTION OF OPERATIONS below N/A 830-51588 8/20/2022 B/2D/2D23 % ISEATUTE I I PITH. E.L EACH ACCIDENT 100,000 $ E.L DISEASE- EA EMPLOYEE $ 100,000 E L DISEASE - POI ICY EMT $ 500,000 D E DIRECTORS & OFFICERS CRIME POLICY MML2814723 2113DDHG3949 1/19/2023'N1/19/2024 7/19/2021 7/19/2024 LIMITS LIMITS $1,000,000 $150,000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHIC ES (ACORD 101, Addidonel Remarks Schedule, may to attached 4 More space a (eguyed) City of Miami as Additional Insured on a Primary and Non -Contributory basis under the Commercial General Liability, CITY OF MIAMI AS ADDITIONAL INSURED 444 SW 2 AVENUE. MIAMI, FL 33130 1 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED R NTATIV Cig!E/ �/�� y yr(' � VJ I VOO-LIJ ID P..UKU ,..AURrUM (111V1Y, M11 slump reate vCU. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB EXHIBIT H PROGRAMMATIC REPORTING REQUIREMENTS Compliance must be ensured with the following: State and Local Fiscal Recovery Funds — Compliance and Reporting Guidance, dated February 28, 2022 — Version 3.0 (and any future updates and revisions) SLFRF Compliance and Reporting Guidance (treasury.gov) https://home.treasury.gov/system/files/ 136/SLFRF-Compliance-and-Reporting-Guidance.pdf.pdf Throughout the term of this Agreement, the PROVIDER shall submit to the CITY a quarterly report on the 10th day of the month that follows the end of a calendar quarter (i.e., January 10, April 10, July 10, October 10). Upon the end of the term of this Agreement, the PROVIDER understands that they are required to submit to the CITY a final quarterly report on the 10th day of the month that follows the end of the quarter the term of the Agreement ended. Quarterly reports should be submitted to the CITY via email to arpareporting@miamigov.com on the form template provided by the CITY. Program is eligible for the use of ARPA (SLFRF) funds under the Department of Treasury Final Rule, Expenditure Category 2.10 — Negative Economic Impacts: Assistance to Unemployed or Underemployed Workers (e.g. job training, subsidized employment, employment supports or incentives) Programmatic Reporting Required: Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection to begin in April 2022 o Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced o Brief description of how a recipient's response is related and reasonably and proportional to a public health or negative economic impact of COVID-19. II. Use of Evidence: (for all ECs indicated) - Collection to begin in April 2022 o The dollar amount of the total project spending that is allocated towards evidence - based interventions o Indicate if a program evaluation of the project is being conducted III. Additional Use of Evidence (EC 2.10) - Assistance to Unemployed or Underemployed Workers (e.g. job training, subsidized employment, employment supports or incentives) — Requires the following additional reporting: o Recipients must identify the amount of the total funds that are allocated to evidence - based interventions. 34 DocuSign Envelope ID: 6C214D16-EE5E-4C57-80F9-6C206372D7DB o Recipients must report on whether projects are primarily serving disproportionately impacted communities. IV. Required programmatic Data — EC 2.10 - Information listed must be provided in each report: (Job Training) Collection to begin April 2022 o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs V. Project Demographic Distribution (Applicable to Public Health and Negative Economic Impact ECs: EC 1.1-2.37) — Collection to begin April 2022 Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entities, recipients must report whether certain types of projects are targeted to impacted and disproportionately impacted communities. Recipients will be asked to respond to the following: • What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily served. ■ If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served. o Assistance to Households Impacted • Low- or -moderate income households or populations • Households that experienced unemployment • Households that experienced increased food or housing insecurity • Households that qualify for certain federal programs • For services to address lost instructional time in K-12 schools: any students that lost access to in -person instruction for a significant period of time • Other households or populations that experienced a negative economic impact of the pandemic other than those listed above (please specify) Disproportionately Impacted • Low-income households and populations • Households and populations residing in Qualified Census Tracts • Households that qualify for certain federal programs • Households receiving services provided by Tribal governments • Households residing in the U.S. territories or receiving services from these governments • For services to address educational disparities, Title I eligible schools • Other households or populations that experienced a disproportionate negative economic impact of the pandemic other than those listed above (please specify) 35 Olivera, Rosemary From: Brito, Gabriel Sent: Monday, May 15, 2023 10:46 AM To: Hannon, Todd Cc: Olivera, Rosemary; Lee, Denise; Quintana, Rachel; Gouin, Marie Subject: Matter ID#22-3048 - Camara de Comercio Latina de los Estados Unidos (CAMACOL) - ARPA Grant Agreement Attachments: Complete_with_DocuSign_ARPA_GRANT_AGREEMENT_-1.pdf RE: CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (CAMACOL), INC Good morning, For your records, attached please find the fully executed copy of the ARPA agreement from DocuSign that is to be considered an original agreement for your records. Gabrlelf. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com i