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Prospera - Sponsorship Agreement esoialion zo/q- 3Oh q9 PROSPERA -SPONSORSHIP AGREEMENT Tal SPONS9 SIP AGREEMENT, (the "Agreement") is made and entered into this day of 34- , 2019, by and between the City of Miami Beach, Florida (the "City"), a municipal corporation, with its offices located at 1700 Convention Center Drive, Miami Beach, Florida 33139 attention: Bo Martinez and Hispanic Business Initiative Fund of Florida, Inc. a Florida nonprofit organization d/b/a Prospera ("Prospera"), with its offices located at 8280 NW 27th St. Suite#517, Doral, Florida 33122 WITNESSETH : WHEREAS, Prospera will produce a Small Business Technology Solutions Academy ("Technology Academy") in the North Beach community of Miami Beach, Florida, from August 1, 2019 to July 30, 2020 for a budgeted amount of$25,000; and WHEREAS, the Technology Academy will provide business owners with: (1) a better understanding of critical issues related to technology and how to apply them and grow their business; and (2) guidance through the age of digital transformation, allowing them to leverage technology and increase the efficiency of their businesses, by managing information for customers, reaching greater audiences, and making better business decisions (collectively, the "Event"); and WHEREAS, on February 13, 2019, the Mayor and City Commission adopted Resolution No. 2019-30699, approving funding for half the budget for the Event, in an amount not to exceed $12,500. NOW, THEREFORE, in consideration of the mutual promises and covenants made herein, City and Prospera agree as follows: 1. The above recitals are true and correct and are incorporated by reference herein. 2. The term of this Agreement will commence on the date of execution of this Agreement, and shall expire following the conclusion of the Event and Prospera's completion of all of its obligations hereunder. 3. Prospera shall be solely responsible securing sponsors and vendors to participate in the Event. The parties hereby agree that at all times the Event shall be known and promoted under the title of "Prospera Technology Business Solutions Academy". Prospera is responsible for the conduct and operation of the Technology Academy and will provide the appropriate staffing to conduct the Event. The City is under no obligation to fund subsequent "Prospera" events. 4. The term "Event" as used herein shall include the Event designated above and as more particularly described in Exhibit "A". Further, the City shall not be a party to any independent contracts that the Prospera may enter into with other organizations, contractors, or participants in the Event and/or supporting activities, nor shall City be liable to such third parties. Prospera shall not represent that it is an agent, official, authorized representative or employee of the City. 5. Prospera shall be responsible for any and all compensation that may be due to any and all vendors, organizations, Event sanctioning bodies and participants, and the City shall have no such responsibility, obligation or liability. The City shall not be responsible or liable to any third party for any aspect of the production of the Event. 1 6. Warranties. Prospera warrants and represents that it has all necessary rights, authority, licenses and permits necessary to enter into this Agreement, to grant the rights and licenses herein granted, and to carry out its responsibilities as set forth herein. Prospera shall utilize the Sponsorship Funds and conduct and operate the Event in accordance with all applicable laws, and without endangering others or violating their rights. 7. Prospera is responsible for the following promotion: a) Prospera will tag the City on all digital distribution, also referred to as social media, and digital distribution postings, in English and Spanish, where relevant unless the City Manager directs Prospera, in writing, to remove said posting. b) Prospera will use the logo provided by the City on all Event advertising efforts leading up to the launch of the Event. This includes local television partners, social media campaigns, radio efforts, and local newspaper. c) All promotional materials which include the City's name or logo, including, without limitation, advertising, telecasts, signage and social media publications shall be subject to the City's prior written approval, which approval may be withheld at the City's discretion. Prospera shall cease using all City logos or other City marks upon the expiration of the term of this Agreement. Additionally, the City reserves the right to require the removal of its logo/marks from any promotional materials. This paragraph shall survive the expiration of this Agreement. 8. Prospera is responsible for the following: a) Prospera shall keep the City appraised, on a monthly basis, of its progress with respect to the activation of the Event. City, at its sole discretion, may monitor and conduct an evaluation of Prospera's implementation of the Event. Prospera agrees to cooperate with City to promptly address any deficiencies or concerns the City may have in connection with the Event; b) Prospera hereby grants the City non-exclusive license and right to use the title of the Event or any footage of the Event, in connection with any City produced publication, including the City produced magazine or any City media outlets, such as MBTV. This section shall survive the termination or expiration of this Agreement; c) Prospera shall obtain all federal, state and local approvals, permits and licenses relating to the Event and any activities related thereto. Prospera shall maintain its good standing in accordance with the laws of the State of Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with any federal, state, county or City Code requirement applicable to Prospera or to Prospera's operation it business orother activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use or Business Tax Receipt(s) that may be required for any business activity, timely making payment of all taxes, fees or charges that may be due to the City. Prospera shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over Prospera. Further, Prospera agrees to comply with the terms and conditions of any lease, contract, or other grant agreement that Prosperamayhave separately entered into with the City, if any (Other City Contracts"). Any failure by Prospera to comply with any provision of the City Code applicable to Prospera, or any breach or default by the Prospera of any covenant or other term or condition contained in any Other City Contracts (after the passage of any applicable notice and cure provision set forth therein), shall, at the option of the City, be considered an event of Default (as such term is defined more fully below), in which event the City shall be entitled (but in no event 2 required) to apply all rights and remedies available to the City under the terms of this Agreement by reason of Prospera's breach or failure to comply with said obligations. 9. Prospera is responsible for the following Insurance: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, propertydamage, bodily injury and personal &advertising injury with limits no less than $300,000 per occurrence., C. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. D. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS,Insurance Compliance Services. E. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. F. Acceptability of Insurers— Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. G. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies;of all required insurance policies, including endorsements, required by these specifications, at any time. H. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668—ECM #35050 New York, NY 10163-4668 I. Kindlysubmit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach( riskworks.com 3 J. Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 10. Prospers shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property, which the City or its officers, employees, agents, and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by Prospers or its officers, employees, agents, servants, partners, principals or contractors, or Prospera's use of the Event Site. Prospera shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Prospera expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and contractors as herein provided. 11. Subject to Prospera's compliance with its obligations under this Agreement, within thirty (30) days from execution of the Agreement, the City shall make payment of $12,500 ("Sponsorship Funds"), as a sponsorship to offset Event production costs. 12. Events of Default, Termination of Agreement and Remedies. a) The following shall constitute events of default: 1) any material misrepresentation, written or oral, made by Prospers and/or its representatives to the City; 2) failure by Prospera to timely perform and/or observe any of the terms and conditions of this Agreement; or 3) insolvency or bankruptcy on the part of Prospera. b) The occurrence of any event of default by Prospers may, at the sole option of City, operate as an automatic forfeiture of any rights or benefits conferred under this Agreement, and accordingly, the City reserves the right to revoke the fee waivers, or request repayment of Sponsorship Funds or discontinue any pending funding provided for herein. c) In the event that Prospera is in default of any of its obligations under this Agreement, the City reserves all legal remedies available to it, including but not limited .to termination of this Agreement, upon ten (10) days written notice to Prospers. In the event of any such termination, City shall have no further obligation or liability to Prospera. 4 • 13. Prospera shall not assign its rights or obligations under this Agreement without the City's consent. Any purported assignment in violation of this section shall be void, and shall constitute an event of default hereunder. 14. Prospera shall keep accurate and complete books and records of all receipts and expenditures relating to this Agreement, in accordance with reasonable accounting. standards, and shall retain such books and records for at least four (4) years after completion of the Event. At the request of the City, Prospera shall provide the City (and/or its designated representatives) access to its files, records and personnel during regular business hours for the purpose. of making financial audits, evaluations or verifications, Event evaluations, or other verifications concerning this'Agreement, as the City deems necessary. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Prospera related to this Agreement. 15. This Agreement shall constitute the entire agreement between the parties, and no warranties, inducements, considerations, promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein. 16. This Agreement shall be governed as to.performance and interpreted in accordance with the laws of the State of Florida. Any claim or dispute arising out of the terms of this Agreement shall be litigated in Miami-Dade County, Florida. 17. It is expressly understood and agreed that this Agreement is for the duration of this-Event only and that Prospera has no right or privilege other than that expressly provided herein. 18. Prospera agrees that nothing herein contained is intended or should be construed as in any way creating or establishing the relationship of partners of joint ventures between the City and Prospera. In no event shall Prospera represent to any third party that it is acting as an agent, representative or on behalf of the City for any purpose or in any manner whatsoever. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Sponsorship Agreement on the date written below. ATTEST CITY 0'1 MIAMI BE H, FLORIDA By: DIM i Rafa E. Gran o, City Clerk Jim Iy L. Mo ales, City Manager UJl7 ?so 2_c L Date ATTEST: HISPANIC BUSINESS INITIATIVE FUND OF FLORIDA, INC D/B/A PROSPERA By: • Name: -esz ,Ci3i3Sc 1. Name: /t7d4r4.s7.2) 2y+cdez.e A Date APPROVED AS TO FORM & LANGUAGE & FOR EXEC TION 5 (994INtl1RP 011ATED; ` ril (C1 s?y ;,e?> City Attorney 1 r Date '041.4••• ••'''<�' X14'1 ' ti 2 ,,,, s. RESOLUTION NO. . 209730699 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JANUARY 25, 2019 MEETING AND APPROVING, IN AN AMOUNT NOT TO EXCEED $12,500, FUNDING FOR THE PROSPERA USA TECHNOLOGY BUSINESS SOLUTIONS ACADEMY FOR SMALL BUSINESSES. WHEREAS, Prospera USA ("Prospera") is an economic development nonprofit that provides bilingual technical and professional business support to Hispanic entrepreneurs seeking to establish or expand local small businesses with a focus on technology and financial literacy; and WHEREAS, Prospera operates a Technology Business Solutions Academy ("Technology Academy") that provides specialized hands-on bilingual training that includes culturally relevant information focused on businesses in North Beach; and WHEREAS, the Technology Academy is a 4-5 week training program that provides business owners with a better understanding of critical issues related to technology and how to apply them and grow their business; and, provides guidance to small businesses through the age of digital transformation, allowing them to leverage technology and increase the efficiency of their businesses, to manage information for customers, to reach greater audiences, and to make better business decisions; and WHEREAS, the proposed Technology Academy budget is $25,000 and, through private funds, Prospera will provide $12,500 to fund half of the budget; and • WHEREAS, during the January 25, 2019 meeting of the Finance and Citywide Projects Committee ("FCWPC"), Prospera requested $12,500 from the City of Miami Beach to fund the other half of the budget for the Technology Academy and the FCWPC recommended approval of the • $12,500 for the Prospera Technology Academy. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee at its January 25, 2019 meeting and approve, in an amount not to exceed $12,500, funding for the Prospera USA Technology Business Solutions Academy for Small Businesses. PASSED and ADOPTED this 13th day of February, 2019. ATTEST: • �`` e' z'� ��r , • -k'' .. �. •Da.' t, r Mayor Rafael E. Gran do, City Jerk � - APPROVED AS TO * INCORP ORATED; r4 FORM.& LANGUAGE t : •; FOR XECUTION ' G, • • . City Attorney.( Dote Resolutions-C7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 13, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS JANUARY 25, 2019 MEETING AND APPROVING THE REQUEST TO FUND PROSPERA, IN THE AMOUNT NOT TO EXCEED $12,500, FOR A TECHNOLOGY BUSINESS SOLUTIONS ACADEMY FOR SMALL BUSINESSES. RECOMMENDATION The Administration recommends approval of funding and entering into an agreement: ANALYSIS During the December 12, 2018 City Commission meeting the request for $12,500 in funding was referred to the Finance and Citywide Projects Committee (FCWPC)for review. Prospera is an economic development nonprofit that provides technical and professional business support to local and small Hispanic businesses with a focus on technology and financial literacy. • Technology in business is a vital necessity, critical to the ability to grow and communicate with clients effectively. IT trends can also enhance footprint, but the risk for cyber threats and vandalism has also grown exponentially. To mitigate risks and expand growth, business owners need a plan, and usually the smaller businesses have no reliable IT support, and lack of basic knowledge about applications and trends. Prospera's Technology Academy proposes to provide specialized hands-on bilingual training that includes culturally relevant information focusing on businesses in North Beach. While open to businesses in Citywide, Prospera will focus on businesses in North Beach given the larger proportion of spanish speaking businesses and given that WeWork located in South Beach is also providing capacity training programs for businesses. The ability to apply these IT trends will provide these minority businesses with tangible assistance that should assist these businesses immediately as well as beyond the duration of the program. Context: The Technology Academy is a 4-5 week training program that provides Page 299 of 911 • business owners with a better understanding of critical issues related to technology and how to apply them and grow their businesses. Participation is free. Objectives: To guide small businesses through the age of digital transformation, allowing them to leverage technology and increase the efficiency of their business, manage information for customers, reach greater audiences, and make better business decisions. Value for businesses that complete the curriculum: • Knowledge of technology trends. • Knowledge on how to leverage and apply technology to enhance business operations and profitability. Content: Session 1. Understanding the Value of Technology. Session 2. Software and Hardware. Session 3. Digital Marketing: Social Media and Google Adwords. Session 4. Cyber security threats Technical Components and Integration: • Programs and applications (Software: CRM, POS, etc.) • Infrastructure and equipment(Hardware) • Networks • Servers • Mobile technology • The proposed budget, of$25,000, and Prospers is requesting $12,500 from the City and will match the City's funding with private funding. The City of Miami has sponsored a similar technology bootcamp for Miami-Based businesses successfully. On Friday, January 25, 2019,the Finance and Citywide Projects Committee unanimously recommended that the City fund the Prospera request in an amount not to exceed $12,500. CONCLUSION • The Administration supports the recommendation to fund Prospera in an amount not to exceed $12,500. KEY INTENDED OUTCOMES SUPPORTED Improve Alliance With Key Business Sectors, Namely Hospitality,Arts, & International Business With A Focus On Enhanced Culture, Entertainment, &Tourism FINANCIAL INFORMATION Funding is available from General Fund Contingency. Page 300 of 911 Legislative Tracking Economic Development Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description v Prospera Proposal • • Page 301 of 911 pPRosP�Rn Technology Academy L-4VANCINGG HISPANIC BUSINESS c Technology in business is a vital necessity, critical to the ability to grow and communicate with clients effectively. IT trends can also enhance footprint, but the risk for cyber threats and vandalism has also grown exponentially. To mitigate risks and expand growth, business owners need a •,; plan, and usually the smaller businesses have no reliable IT 3` 0t I - �`�7 - "1 T �l-"� ,,.:..i,1:.1.... 31 � ;r -. �i�i 'rj r n s support, and lack of basic knowledge about applications and : : g' trends. =- :; - .1'...7 as y./ 7-7 I r• I' �- l r .J The Technology Academy will provide North Beach small fa- -_ • 0 -- - business owners an innovative and holistic, focused, curriculum that is easy to understand and adapt. Specialized hands on training, accessed on the spot, will ensure business owners acquire in-language, culturally relevant knowledge to harness the inexhaustible source of resources provided by IT. The ability to apply IT trends provides these minority businesses with a legacy that helps their enterprise prosper well beyond the duration of this program. 1 Y..;,..'•luennl I • - . • _-_- -•'ISC, VN(I,0•11 pmun. gTI ' 1 ..• ;fid I'l:'"�,N>�:°�. 1. . 9la' •:q ♦1:filNtl N M tion lo .ru o' t•nlp. NMArlov _ .'-o,134" ;� .,.1-,1 �II,ONC61 a I1m A•71.fiH I ,Namwl`I.fa' ?r IIEIOH IS' v NORMANOY • G. p 'y5,y„r•...r yr. a+� • IsCEb I\'i .Qeir 1y vA•. wr n„I.• .v In :,Iv.1\Peia1Q ' • ' •7 l .I iii**' . ..^d = •1 }' T pal G i M1 •„- •1 zon Nana' 1 i r'r:'Google D0 I}'G po;1 ._r 'rr .. r Copyright©2018 Hispanic Business IrgPaqaPencif,ihtl.(d/b/a Prospera7M)All rights reserved. , , . pP R osPGRA� Technology Academy [A ADVANCING HISPANIC BUSINESS • Context: The Technology Academy is a 4-week training program that Prospera is an economic development allowes local business owners to get a better understanding of critical organization specialized in providing issues related to technology and how to apply them to grow their bilingual assistance to Hispanic businesses. Participation is free-of-charge to the small .business entrepreneurs trying to start or expand owner. their business. Objectives: To guide the participant through the age of digital For more information,contact us! transformation, allowing him to perceive technology as a strength to increase the efficiency of his business, manage better information for http://www.prosperausa.org customers, reach greater audiences and make decisions, among other 786-329-5830 topics. Our mission is to strengthen the economy of Florida through quality Value for business owners that complete the curriculum: ✓ Key knowledge on new technologies trends. business development and training to V How to apply technology to your business to enhance your Hispanic entrepreneurs. operations and profitability. ✓ Certificate of Participation. r-C:\1 Content: Business Seminars Session 1. Understanding the Value of Technology. ♦ Session 2.What you need for your business:Software and Hardware. Business Consulting Session 3. Digital Marketing:Social Media and Google Adwords. Session 4.Cyber security threats you need to know about. - - Business Grants — — -- 82%of customers conduct an online search before making a purchase Access to Capital in a store and 84% trust the reviews in the same way as the • recommendations of a friend. 50%of small businesses in the US have experienced security breaches in the last 12 months, of which only 14%could effectively mitigate the cyberattack, paying out $ 38,000 on average. Cyber threats are more expensive to correct than to prevent. Copyright©2018 Hispanic Business Initiative Fund,Inc.(d/b/a Prospera'M)All rights reserved. Page 303 of 911 PROSPERn Technology Academy M ADVANCING HISPANIC BUSINESS Session.1. Understanding the value of • Digital skills as a business owner technology • What technological tools does my business need? • Trends that will impact my business • Practical advice to grow profitably in the digital economy Session 2.What you need for your Technical Components and Integration: business: Software and Hardware ➢ Programs and applications(Software:CRM, POS, etc.) ➢ Infrastructure and equipment(Hardware) ➢ Networks ➢ Servers ➢ Mobile technology ➢ Communication and work stations ➢ How do I manage my business data?(cloud servers,local, back up) Session 3. Digital Marketing • Social Media:What Will work best for me based on the products and services that I offer(Facebook, Instagram,Twitter,etc.) • My website • Google Adwords • Email(auto reply) • How to measure your social media effectiveness • A guideline on how to create a digital marketing campaign Session.4. Cyber Security > Virtual security, privacy and confidentiality ➢ Authentication: passwords and user management ➢ Is my client data and my business data secure? ➢ Cyber Crimes:types and consequences ➢ Actions to take to prevent a cyberattack Copyright©2018 Hispanic Business Initiative Fund,Inc.(d/b/a ProsperaTM')All rights reserved. Page 304 of 911 r lA 6.PPROSPERK Technology Academy LAVANCING HISPANIC BUSINESS Proposed Budget: Proposed Funding from PROGRAM SERVICES City of Miami Beach Consulting Services-Salaries& Related Expenses $2,500 Curriculum Development—Modules $11,250 Implementation Outreach- Planning $8,750 Marketing&Administrative Expenses $2,500 Total Proposed Investment $25,000 Program Services description: • Consulting Services-Salaries&Related Expenses:Staff assigned to program. • • Curriculum Development—Modules:Cost of curriculum research and Development(topics,experts, participant certification). • Implementation Outreach—Planning:Site coordination/visits; Prospera Orientation. • Marketing&Administrative Expenses: Related costs to community outreach, program invitations and advertisement; participant registration&check-in,certificate process. . • Copyright©2018 Hispanic Business Initiative Fund,Inc.(d/b/a ProsperaN All rights reserved. Page 305 of 911