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:
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SUBMITTED TO RISK MANAGEMENTDocuSignetl
April 25, 2023 I 06:46:58 EDT
by:
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SUBMITTED TO CITY ATTORNEY Xa
May 3, 2023 I 18 : 38 :16 EDT
PRINT: VICTOR
SIGNATURE:
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RECEIVED BY CFO/ ASSISTANT CITY MANAGER
May 4, 2023 I 15:22:40 EDT
PRINT: LARRY
SIGNATURE:
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DocuSignetl by:
APPROVAL BY CITY MANAGER
May 9, 2023 I 18:31:26 EDT
PRINT: ARTH
SIGNATURE:
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ATTESTED BY CITY CLERK
May 12, 2023 1 19:15:10 EDT
PRINT: TODD
SIGNATURE:
B. HANNON
DocuSignetl by: L
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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
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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.
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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.
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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
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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
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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
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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);
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(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.
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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,
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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.
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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.
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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
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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
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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;
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(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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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