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HomeMy WebLinkAboutBack-Up Documents0 Cities for FINANCIAL EMPOWERMENT Fund Gissella Sotelo City of Miami gsotelo@miamigov.com March 6, 2020 Dear Ms. Sotelo and Ms. Blondet, On behalf of the Cities for Financial Empowerment (CFE) Fund, we are delighted to inform you that the City of Miami has been selected as a grantee of the Summer Jobs Connect grant program in 2020. As part of this engagement, your program will receive a one-year $275,000 grant to support 85 job slots as well as integrating financial empowerment and banking access into your Summer Youth Employment Program. The payout schedule, which is explained in more detail in the forthcoming contract, will be an initial payment of 90% of the grant amount upon full execution of the contract and receipt of detailed line -item projected accounting, with an additional 5% upon receipt of interim report with refined budget and reconciliation of actual spending to date, and the final 5% upon receipt of final report and documentation of all project spending in detailed line -item accounting. These funds may be used to support the 85 summerjob positions and a range of activities related to financial empowerment programming in your Summer Youth Employment Program. You can expect to receive the contract for your review shortly. If there are any questions related to the contract, please contact Scott Schwartz (sschwartz@cfefund.org). Please let me know if you have any questions. We look forward to our continued work with the City of Miami. Sincerely, Amelia Erwitt Managing Director 44 Wall Street, Suite 1050 1 New York, NY 10005 1 www.cfefund.org 0 Cities for FINANCIAL EMPOWERMENT Fund GRANT AGREEMENT This Grant Agreement (the "Agreement"), dated as of March 1, 2020 (the "Effective Date") is by and between the Cities for Financial Empowerment Fund, Inc. (the "CFE Fund"), a Delaware non -stock, non-profit corporation qualified as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the City of Miami, a municipal corporation of the State of Florida, whose principal address is 3500 Pan American Drive, Miami, Florida 33133, acting through its City Manager (the "Municipal Grantee"). WHEREAS, the CFE Fund works to support municipal engagement to improve the financial stability of low and moderate income households by embedding financial empowerment strategies into local government infrastructure (the "Purposes"). WHEREAS, the CFE Fund has determined that the support of the Municipal Grantee in the work contemplated by this Agreement furthers the exempt purposes of the CFE Fund. WHEREAS, the Municipal Grantee has agreed to use the funds provided by this Agreement (the "Grant") to support the Purposes by managing the implementation and operation of the activities for Summer Jobs Connect ("the Program") set forth in Exhibit A (the "Scope of Work"). WHEREAS, the CFE Fund, the Municipal Grantee desires to enter into this Agreement to provide for the terms and conditions of the Grant and the Program. NOW, THEREFORE, the CFE Fund, the Municipal Grantee agrees as follows: 1. Grant. The CFE Fund pledges and agrees to provide the Municipal Grantee a Grant in the form of cash or cash equivalents in an amount not to exceed $XYZ [XYZ DOLLARS] what is laid out in the Grant Payout Schedule in Section 5(c). 2. Use of Grant. The Grant is to be used only for the purposes outlined in the Scope of Work and in accordance with the specific allocations identified in the Grant budget included in Exhibit C (the "Municipal Grantee Budget"). The Municipal Grantee must obtain the prior written consent of the CFE Fund before engaging in any work that is beyond the Scope of Work and the failure to obtain such consent shall invalidate any obligation of the CFE Fund to pay any invoices for such work. 44 Wall Street, Suite 1050 1 New York, NY 10005 I www.cfefund.org 3. Term. (a) The Grant term will begin as of the Effective Date and end on April 30, 2021. Any funds not used by the end of the Grant term toward the purposes of this Grant will be returned to the CFE Fund within thirty (30) days after the end of the Grant term unless otherwise agreed upon by both parties in writing in advance. (b) This Agreement may be terminated at any time prior to its scheduled termination as set forth above: (i) By either the CFE Fund, the Municipal Grantee without cause by giving the other party sixty (60) days prior written notice; (ii) Immediately by a non -breaching party following a material breach of this Agreement by the other party and the expiration of a ten (10) day "cure" period after the non -breaching party shall have given notice to the breaching party of such breach; or; (iii) Immediately by the CFE Fund when its objectives can no longer be advanced through the relationship set forth in this Agreement including, without limitation, by the Municipal Grantee's administration of any Vendor work as it relates to the Scope of Work. (c) If the Agreement is terminated by any party for any reason, CFE Fund will have no further obligation to make any payments to the Municipal Grantee, except for work already completed but not yet paid for prior to the termination; provided, that (i) such work is within the Scope of Work or (ii) if such work is beyond the Scope of Work, the prior written consent of the CFE Fund has previously been obtained. 4. Vendor(s). (a) A Vendor shall be defined for purposes of this contract as a community-based 501(c)(3) organization, governmental organization or private entity engaged by the Municipal Grantee to support the implementation of the Program. (b) The CFE Fund hereby appoints the Municipal Grantee as its sole and exclusive agent with respect to any Vendor(s). Each Vendor may rely upon the direction and instruction of the Municipal Grantee. (c) For a period of three (3) years and a day following the expiration of the Grant term, the Municipal Grantee shall keep and maintain accurate books, records, and accounting documentation of each Vendor's performance under the Scope of Work and shall make such records available for inspection by the CFE Fund and/or its auditors upon prior reasonable notice to such effect. CFE FUND GRANT AGREEMENT 2 5. Conditions of Disbursement of Grant. (a) Municipal Grantee shall be eligible to receive funds upon the fulfillment of the following condition: (i) Receipt by the CFE Fund of a countersigned copy of this Agreement, which includes Scope of Work and Municipal Grantee Budget. Budget should be a detailed, line -item projected accounting of all Program costs. (b) Disbursements of the Grant shall be subject to the fulfillment of the following conditions: (i) Timely receipt of all Municipal Grantee reports and Financial Reporting in accordance with Exhibit D - Reporting. (ii) Satisfactory performance of this Agreement in accordance with the Scope of Work. (iii) The Municipal Grantee covenant that it shall take no action, omit to take any action, or engage in any activity that could impair or endanger, either directly or indirectly, the CFE Fund's exempt status under the Internal Revenue Code, or which could hinder the CFE Fund's ability to fulfill its charitable mission. (iv) The Municipal Grantee shall review each invoice submitted by Vendor(s) for the performance of services in light of the purposes as expressed in the Request for Proposal and Scope of Work, and shall promptly furnish the CFE Fund with copies of vendor invoices or other such proof of services provided pursuant to this contract, when requested. (c) Grant Payout Schedule: The total grant will be split into three payments. (i) Initial 90% of funds for payment to the Municipal Grantee ($xyz) will be available upon execution of contract and receipt of detailed line -item projected accounting. (ii) Additional 5% of funds to the Municipal Grantee ($xyz) will be available upon receipt of interim report, and detailed invoices reconciling how first 90% of funds was spent as well as refined detail budget for last 10%. (iii) Final 5% of funds to the Municipal Grantee ($xyz) will be available upon receipt of final report and documentation of all project spending projected in detailed line -item accounting (including attachments). CFE FUND GRANT AGREEMENT 3 6. Payment of Grant. Subject to the fulfillment of the conditions set forth in Section 5: (a) The CFE Fund may increase the Scope of Work and corresponding outcome requirements and make concomitant payment adjustments as funds become available to expand services. Any increase in the Scope of Work and subsequent outcome goals would be made in consultation with and at the option of the Municipal Grantee. (b) Services provided by the Municipal Grantee to clients beyond the Grant term shall not be within the Scope of Work under this Agreement and shall not be included in the Grant. (c) The CFE Fund can make payment in one of two ways. Please initial in ONE of the boxes to select the requested payment option: a. For electronic payment: The CFE Fund will make an electronic payment through the CFE Fund's payment system, bill.com. The Municipal Grantee authorizes the below employee to create an account and enter the Municipal Grantee's appropriate bank routing and account number into bill.com. The Municipal Grantee will ensure Initial Here for that account information in bill.com is accurate throughout the life of the Electronic Payment and to Authorize Employee Grant. b. For payment by check: The CFE Fund will issue a check to the Municipal Grantee at Initial Here for the address provided: Payment by Check (d) The CFE Fund's ability to pay out this Grant is dependent on the timely receipt of Grant funding from institutional Grantors. In the event that the CFE Fund has not received sufficient or timely funding from these Grantors, the CFE Fund may elect to postpone, reduce, or eliminate this Grant prior to disbursement. 7. Covenants. During the term of this Grant, the Municipal Grantee is expected to adhere to the terms and conditions below and outlined in Exhibit A - Scope of Work. Failure to adhere to these conditions will constitute an act of default and result in the return of part or all of the Grant funds to the CFE Fund and the termination of any obligation of the CFE Fund to pay subsequent invoices submitted after such default. In such a case, the CFE Fund will determine in its sole and absolute discretion the percentage of the Grant to be returned. Cessation or reclamation of Grant funding by the CFE Fund may also result in the CFE FUND GRANT AGREEMENT 4 Municipal Grantee's elimination from consideration for investment from the CFE Fund in any other form. In the event that the CFE Fund terminates the Grant as provided herein, the Municipal Grantee shall return Grant funds to the CFE Fund within the time period specified by the CFE Fund upon termination. During the Grant term and beyond as applicable, the Municipal Grantee under this Agreement agrees to: (a) Coordinate the overall implementation of the program with respect to the Scope of Work. The Municipal Grantee will oversee and direct the work of all partner organizations with respect to the Scope of Work and a proposal, if any, including nonprofit, referral, integration and training partners. In particular, the Municipal Grantee will monitor and manage any Vendor(s) to ensure proper implementation in conformance with the Scope of Work and ongoing model fidelity and will serve as the main point of contact with the CFE Fund. (b) Adhere to the uses of the Grant detailed in the Request for Proposal. (i) This Grant is made only for the purposes of implementing the Scope of Work and this Agreement. Any Grant funds not expended or committed for these purposes within the Grant term will be returned to the CFE Fund. Any prospective changes in the use of this Grant totaling over ten percent (10%) percent of any individual budget line must be submitted in writing to and approved by the CFE Fund. (ii) In addition, the Municipal Grantee is expected to meet the milestones and outcomes stated in the Scope of Work within the specified timeframe and in accordance with the Grantee Budget. The Grantee is also responsible for ensuring that any Vendor(s) achieve the milestones and outcomes stated in its proposal. Any material changes in the Municipal Grantee's milestones, outcomes or timeframe should be reported to the CFE Fund at the earliest reasonable opportunity. The CFE Fund will decide in its sole and absolute discretion whether any delays in meeting milestones or outcomes constitute a violation of this covenant, and thus an event of default. (iii) The Municipal Grantee will provide immediate written notification to the CFE Fund if significant changes or events occur during the term of the Grant which could potentially impact the progress or outcome of the Grant, including, without limitation, changes in the Municipal Grantee's management personnel, loss of funding or other extenuating circumstances which could affect the Grant budget. The CFE Fund, in its sole and absolute discretion, will determine if requests for budget modifications are warranted. (c) Cooperate in the monitoring, evaluation and reporting of work, as detailed in Exhibit A - Scope of Work. CFE FUND GRANT AGREEMENT 5 (d) Adhere to the CFE Fund financial compliance stipulations. (i) The Municipal Grantee will maintain financial records to account clearly for the Grant funds from the CFE Fund and proper expenditures in furtherance of the Grant. The Municipal Grantee shall retain and maintain adequate records to substantiate such expenditures according to generally accepted accounting practices. The Municipal Grantee shall retain original substantiating documents related to the specific Grant expenditures and make these records available to the CFE Fund upon request. (ii) The CFE Fund reserves the right to audit the Municipal Grantee's financial and other records to ensure the proper utilization of its Grant funds. During and at least three years and one day following the end of the Grant term, the Municipal Grantee will be expected to maintain records showing, separately from other accounts kept in its books and records, the receipt and expenditure of the CFE Fund Grant funds. (e) Adhere to the CFE Fund's marketing and communications guidelines. (i) The Municipal Grantee agrees to adhere to the marketing and communication guidelines of the CFE Fund (as it may be amended, modified, supplemented or otherwise revised), and any Grant -relevant institutional investors, including Citi Foundation as provided by the CFE Fund and as applicable. The current form of the marketing and communication guidelines of the Citi Foundation are attached hereto as Exhibit G. (ii) The Municipal Grantee agrees to provide details about all Grant -related marketing and communication materials and events to the CFE Fund reasonably in advance to jointly determine appropriate branding opportunities for the CFE Fund and any relevant CFE Fund partners. The Municipal Grantee agree to acknowledge the CFE Fund and Citi Foundation in all Grant -related materials and events, including but not limited to websites, newsletters, media releases, public announcements, event invitations and programs. The CFE Fund will provide specific communication protocols including language for recognizing the CFE Fund in text and logo format. Municipal Grantee also shall provide to the CFE Fund final copies of all printed materials as part of the progress reports for the Program. (iii) Any Grant -related media interviews or public announcements intended for media or public purposes must be coordinated with and approved by the CFE Fund in advance. (v) The Municipal Grantee may not publicly announce the receipt of this Grant or its details until the CFE Fund and its institutional investors have made their official announcement. Prior to the official announcement, the Grantee CFE FUND GRANT AGREEMENT 6 should consult with the CFE Fund to develop language that may be used for the purposes of recruitment and other administrative purposes. (vi) Execution of this Grant agreement provides the CFE Fund and its institutional investors the right to disseminate any products, outcomes, or other information related to the Municipal Grantee's efforts in any media of its choosing. Whenever feasible, the CFE Fund will share these materials with the Municipal Grantee prior to publication and give appropriate credit to the Municipal Grantee as the provider of this information. The Municipal Grantee will be expected to cooperate in any public education or outreach effort undertaken in connection with this Grant, which may include other CFE Fund programs. (f) Adhere to the following prohibitions on the use of the Grant. Under no circumstances the Municipal Grantee, any Vendor or any other organization receiving the CFE Fund's Grant funds use these funds directly or indirectly for the following purposes or activities: (i) Make a Grant to an individual for travel, study or other similar purpose, as described in section 4945(d)(3) of the Code. (ii) Promote or engage in violence, terrorism, bigotry, or the destruction of any state, nor will it make sub -Grants to any entity that engages in these activities. (iii) Influence legislation, especially for the benefit of the CFE Fund or any of its affiliates or funders, including by publishing or distributing any statements, or any campaign in support of or opposition to any pending legislation. (iv) Any other purposes outside what is stated in the Scope of Work without express written permission from the CFE Fund. 8. Compliance with Laws. Grantee shall comply with, and shall ensure that any Vendors or sub -Vendors engaged by the Grantee in connection with the Program comply with, all local, state and federal laws (including common laws), ordinances, codes, rules and regulations regarding the Program and Grantee's obligations and performance under this Agreement. Grantee shall obtain and maintain, and shall ensure that any Vendors or sub -Vendors engaged by the Grantee in connection with the Program obtain and maintain, any and all permits, licenses, bonds, certificates and other similar approvals required in connection with this Agreement. CFE FUND GRANT AGREEMENT 7 9. Indemnification. The parties agree and acknowledge that as a municipal corporation of the State of Florida, Municipal Grantee is subject to the sovereign immunity provisions of the laws of the State of Florida. The parties further agree and acknowledge that the CFE Fund shall not indemnify, and has no duty or obligation to indemnify, the Municipal Grantee and any Vendor or sub -Vendor in connection with this Agreement. 10. Public Records Laws (a) This Grant is subject to Chapter 119 of the Florida Statutes (the "Florida Public Records Law"). The CFE Fund understands that the public shall have access, at all reasonable times, to all documents and information pertaining to this Agreement, subject to the Florida Public Records Law. The parties shall specifically require all Vendors and/or sub -Vendors to comply with this paragraph. (b) The parties shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (i) keep and maintain public records required by the Municipal Grantee to perform under this Agreement; (ii) upon request from the Municipal Grantee's custodian of public records, provide the Municipal Grantee with a copy of the requested records or allow the records to be inspected within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, or otherwise provided by law; (iii) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of this Agreement if the CFE Fund does not transfer the records to the Municipal Grantee; and (iv) provide to the Municipal Grantee all electronically stored public records, upon request from the Municipal Grantee's custodian of public records, in a format compatible with the Municipal Grantee's information technology systems. (c) Upon completion of this Agreement, transfer, at no cost, to the Municipal Grantee all public records in possession of the CFE Fund or keep and maintain public records required by the Municipal Grantee to perform under this Agreement. If the CFE Fund transfers all public records to the Municipal Grantee upon completion of this Agreement, the CFE Fund shall destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. If the CFE Fund keeps and maintains public records upon completion of this Agreement, the CFE Fund shall meet all applicable requirements for retaining public records. (d) The CFE Fund shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of this Agreement. (e) Notwithstanding any other provision to the contrary in this Section, the Municipal Grantee shall, prior to the release of any public records relating to this Agreement pursuant to the Florida Public Records Law: CFE FUND GRANT AGREEMENT 8 (i) provide written notice to the CFE Fund within three (3) business days of receipt by the Municipal Grantee of a request of public records relating to this Agreement pursuant to the Florida Public Records Act; provided, that such notice shall include a copy of the relevant records request; and (ii) obtain written response from the CFE Fund with respect to such notice containing either (A) a notice of approval, in which case the public records requested may be released or (B) a notice of intent to dispute, in which case no records may be released until such dispute has reached final legal adjudication. (f) Should the CFE Fund determine to dispute any public access provision required by Florida Public Records Law, then the CFE Fund shall do so at its own expense and at no cost to the Municipal Grantee. IF THE CFE FUND HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CFE FUND'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a,MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CFE FUND MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 11. Non -Impairment of Charitable Status. The Municipal Grantee covenants and agrees that it shall take no action, omit to take any action, or engage in any activity that could impair or endanger, either directly or indirectly, the CFE Fund's exempt status under the Internal Revenue Code, or which could hinder the CFE Fund's ability to fulfill its charitable mission. 12. Confidentiality. All reports, information or data furnished to or to be prepared or assembled under this Agreement are to be held confidential, unless otherwise herein provided (including, without limitation, the terms and conditions set forth in Section 7(e) and the Scope of Work) or subject to disclosure by law. CFE FUND GRANT AGREEMENT 9 13. Intellectual Property. All ownership, title, interest, and intellectual property rights of documents, templates, and other materials provided by the CFE Fund shall remain solely the Grantors. Nothing in this section or agreement is intended to, and shall not be construed to, transfer any property rights to Grantee or any intellectual property rights to materials developed by the CFE Fund. The Grantee may use the CFE Fund's intellectual property for (i) internal planning processes; (ii) in furtherance of the Scope of Work; and (iii) otherwise expressly authorized by the CFE Fund. Any unauthorized disclosure of the Grantor's intellectual property without expressed authorization shall be considered a breach of this agreement. 14. Non -Assignability. The Municipal Grantee shall not assign, transfer, subcontract, convey or otherwise dispose of this Agreement or of its rights, obligations, responsibilities or duties hereunder, either in whole or in part, without the prior written consent of the CFE Fund. 15. Compliance with Anti -Discrimination Rules. In its use of Grant funds provided by the CFE Fund, and in the course of all development, marketing and operation activities, the Municipal Grantee shall fully comply with all applicable federal, state, local (and any other governmental), anti -discrimination laws, executive orders, rules and regulations. 16. Severability of Provisions. Each provision of this Agreement shall be considered severable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal. 15. Entire Agreement. This Agreement contains the entire understanding between the parties hereto with respect to the subject matter of this Agreement and replaces and supersedes all prior agreements and understandings of the parties. This Agreement may be amended or modified only by a writing executed by the parties hereto. 17. Binding Agreement. Notwithstanding any other provision of this Agreement, the parties agree that this Agreement constitutes a legal, valid and binding agreement of each party, and is enforceable against each party in accordance with its terms. CFE FUND GRANT AGREEMENT 10 18. Governing Law. AS A FLORIDA MUNICIPAL CORPORATION, MUNICIPAL GRANTEE IS BOUND BY THE STATE OF FLORIDA. AS A DELAWARE NON -STOCK, NON-PROFIT CORPORATION, CFE FUND IS BOUND BY THE LAWS OF THE STATE OF DELAWARE. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PROVISIONS THEREOF. 19. Submission to Jurisdiction; Service of Process. (a) EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NON-EXCLUSIVE JURISDICTION OF THE SUPREME COURT OF THE STATE OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK AND OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE OR FEDERAL COURT. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, THAT ANY OF THEM MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN SUCH RESPECTIVE JURISDICTIONS. EACH PARTY TO THIS AGREEMENT AGREES THAT A FINAL JUDGMENT IN ANY ACTION OR PROCEEDING WILL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. (b) EACH PARTY TO THIS AGREEMENT IRREVOCABLY CONSENTS TO THE SERVICE OF THE SUMMONS AND COMPLAINT AND ANY OTHER PROCESS IN ANY OTHER ACTION OR PROCEEDING RELATING TO THE TRANSACTIONS CONTEMPLATED HEREBY, ON BEHALF OF ITSELF OR ITS PROPERTY, BY PERSONAL DELIVERY OF COPIES OF SUCH PROCESS TO SUCH PARTY. NOTHING CONTAINED IN THIS SECTION WILL AFFECT THE RIGHT OF ANY PARTY TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST ANY OTHER PARTY IN ANY OTHER JURISDICTION. CFE FUND GRANT AGREEMENT I I 20. Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY EXPRESSLY AND IRREVOCABLY RELEASES, WAIVES AND RELINQUISHES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY CLAIM, DEMAND, ACTION, SUIT, PROCEEDING OR CAUSE OF ACTION IN WHICH ANY OF THEM ARE PARTIES, WHICH IN ANY WAY (DIRECTLY OR INDIRECTLY) ARISES OUT OF, RESULTS FROM OR RELATES TO ANY OF THE FOLLOWING, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL BASIS: (I) THIS AGREEMENT; (II) ANY PAST, PRESENT OR FUTURE ACT, OMISSION, CONDUCT OR ACTIVITY WITH RESPECT TO THIS AGREEMENT; (III) ANY TRANSACTION, EVENT OR OCCURRENCE CONTEMPLATED BY THIS AGREEMENT; (IV) THE PERFORMANCE OF ANY OBLIGATION OR THE EXERCISE OF ANY RIGHT UNDER THIS AGREEMENT; AND (V) THE ENFORCEMENT OF THIS AGREEMENT. EACH OF THE PARTIES HERETO HEREBY FURTHER AGREES THAT THIS AGREEMENT CONSTITUTES ITS WRITTEN CONSENT THAT TRIAL BY JURY WILL BE WAIVED IN ANY SUCH CLAIM, DEMAND, ACTION, SUIT, PROCEEDING OR OTHER CAUSE OF ACTION AND AGREES THAT EACH OF THEM WILL HAVE THE RIGHT AT ANY TIME TO FILE THIS AGREEMENT WITH THE CLERK OR JUDGE OF ANY COURT IN WHICH ANY SUCH CLAIM, DEMAND, ACTION, SUIT, PROCEEDING OR OTHER CAUSE OF ACTION MAY BE PENDING AS WRITTEN CONSENT TO WAIVER OF TRIAL BY JURY. 21. Each Party Bears Own Costs. Each party shall bear its own attorneys' fees, costs, and expenses, including by not limited to those fees, costs, and expenses of paralegals, other professionals, experts, and courts. 22. Amendment. The CFE Fund shall consider, but is not obligated to agree to, requests by the Municipal Grantee to amend the terms of this Agreement. Amendments to this Agreement shall be made only after (i) the CFE Fund has received written request from the Municipal Grantee stating the nature of the amendment request, and (ii) the CFE Fund has executed a written agreement describing the terms of the amendment. 23. Counterparts. This Agreement may be executed in any number of counterparts, including by facsimile or other electronic means of communication, each of which shall be deemed an original of this Agreement and all of which together shall constitute one and the same instrument. 24. Notices. Any notices required to be delivered hereunder shall be in writing and personally delivered, mailed or sent by electronic mail, telefacsimile or other similar form of rapid transmission, and shall be deemed to have been duly given upon receipt (a) at the respective party's CFE FUND GRANT AGREEMENT 12 address listed on Exhibit F - Notices or (b) at such other address as may be designated by written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their respective officers as of the day and year first above written. CITY OF MIAMI, a municipal Corporation of the State of Florida Arthur Noriega City Manager Date: APPROVED AS TO INSURANCE REQUIREMENTS Ann -Marie Sharpe Risk Management Date: CITIES FOR FINANCIAL EMPOWERMENT FUND, INC. By: Name: Jonathan Mintz Title: President and Chief Executive Officer Date: ATTEST: Todd Hannon City Clerk Date: APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney Date: CFE FUND GRANT AGREEMENT 13 Scope of Work 1. Summer Employment Exhibit A The City of Miami will use the funding from this grant to provide up to job slots to low and moderate income youth participating in their Summer Youth Employment Program. The CFE Fund will provide $275,000. Funds may only be used to pay participants who are employed at: • nonprofit entities or governmental institutions, or • employers that are for-profit companies with minimal financial resources (such as micro - or small businesses). 2. Banking Access and Financial Empowerment Programming The City of Miami will build upon its successes from last year to help more SYEP participant's access and use direct deposit, ensuring that the accounts offered to youth meet the Summer Jobs Connect Banking Priorities found in Exhibit E — Summer Jobs Connect Youth Account Priorities. The City of Miami will implement banking access into their SYEP and administer a Financial Empowerment Program by completing the tasks set forth in Exhibit B — Banking Access and Financial Empowerment 3. Evaluation The Municipal Grantee must identify, track, and report on youth occupying the jobs slots funded by CFE Fund. The Municipal Grantee and its vendors will also document progress towards the outcomes as structured in Exhibit D — Reporting 4. Learning Community The CFE Fund expects full participation and attendance of both workforce and financial empowerment partners (or their designees as applicable) at learning community gatherings and phone calls for SJC grantees, including attendance at an in-person meeting held in the fall of 2019. Municipal Grantee will respond to requests from CFE Fund to share best practices with other Program Grantees. The CFE Fund also will have bi-monthly, one-on-one check-in calls with each grantee city. 5. Media and Public Relations The Municipal Grantee will document the success of the program, focusing on financial empowerment achievements, throughout the year to communicate the progress and impact of SJC. To do so, the CFE Fund will compile data and stories from all of the participating cities. To prepare for both planned and ad hoc communication opportunities, Municipal Grantee will be expected to prepare and provide content to the CFE Fund that includes, but is not limited to: CFE FUND GRANT AGREEMENT EXHIBIT A 14 • Social media campaign: The CFE Fund will work with city partners to create content for a Twitter campaign that has both a city/program partner element and a youth voices element. City and program partners will be asked to participate in the campaign through their own programmatic Twitter, and will also be asked to promote youth participation in CFE Fund social media contests and activities. o City partner campaign: Cities and program partners will be asked to post content on Twitter weekly; if partners also have Instagram, they can use these channels as well. The CFE Fund will provide a social media calendar with sample tweets, but partners should also be prepared to create and post original content. All posts should use the #SummerJobsConnect hashtag. o Participant Campaign: Throughout the summer, the CFE Fund will run a number of incentivized contests where youth will be rewarded for sharing what SJC success has meant to them over Twitter. City partners are responsible for disseminating CFE Fund information about these contests and regularly encouraging participation in contests; city partners should also ensure that participants understand contests guidelines and requirements. City partners may choose to identify a cohort of Ambassadors who are encouraged to share social media content regularly, both for CFE Fund contests and independently. The Municipal Grantee has created a City Leadership Communications Plan; in which the Mayor will highlight Summer Jobs Connect efforts, including acknowledging the partnership and support received from the Citi Foundation and the CFE Fund. To fulfill this requirement, the Municipal Grantee has agreed to issue a press release including a quote from the Mayor and Citi Foundation. In addition, Mayoral recognition and a "big check" check presentation with the Mayor and Citi Foundation will occur during a City of Miami Commission Meeting on May 9th, 2019. In addition, the Municipal Grantee is expected to participate in and support CFE Fund and Citi Foundation communications and marketing opportunities, including but not limited to: Press Office contact: By April 22, cities must identify a contact in the Mayor's Press Office or other appropriate office who can coordinate with CFE Fund staff when press inquiries arise. Contact information should be sent to Kelsey Bradley, kbradl ey2cfefund. org. Logos: Please add Citi Foundation logo liberally and send photos or links to uses of Citi logo to Kelsey Bradley at the CFE Fund. Note that the Citi Foundation requires that any grant recipient using Citi's logo on any collateral, including websites, will complete a Logo Consent Form, which will be provided by the CFE Fund. CFE FUND GRANT AGREEMENT EXHIBIT A 15 Exhibit B Banking Access and Financial Empowerment Ripple Effect (how NegotiateSour program is ! Design account Data Fin Ed: Benefits of Fin Ed: accountsl ;opening !Design DD integration cap[ureF[ransfer :Banking Budgeting ' Fin Ed: Savings Savings program Working with other paNcard programs to build in Program Meet with Meet with bank Direct deposit All necessary Hire and train Financial Continue one on Continue our Evaluate City of Miami is planning Financial partners to discuss registration will be done documentation For ambassadors. one training train the trainer opportunities For Working on continuing i is ready to be hired. institution the documentation :during the application bank account sessions With :focus by having participants to take to build a strong :All necessary banking Partners to se[ :needed to Facilitate :and enrollment process.: opening will be Financial program alumni the America Saves :relationship with our South applicant lives dates For SPEP :bank account : in a disadvantaged :collected during the :ambassadors. :assist our ;pledge program partner OYC Program needs_ banking Fair. opening to all program enrollment :Financial to Fill in the gray areas .qualifying and hired :process. ambassadors in in Which our �ou[h can South. saving and better hone Financial setting Financial education skills. Payroll training mrorm bourn : xvv mrormanon on : uuect uepoat : hrnancral : mcn me mrormanon on that the program [he documents i integration will take ambassadors visit :the Financial only pays by :needed to open a ': place once South has Follow up With South. developer to integrate empowerment aspect direct deposit bank account to the completed the continue saving :of the program during Program application_: application process and : rorksites to run outreach [Opening a i is ready to be hired. sessions with [heir bank account. create :continue :savings incentives to our new Financial savings goal. etc.] ...........................................<.....................................................;..............................................................;.......................................................:.......................................................... :Remind youth the i Allow participants [o : Ve rill collect the :All necessary banking will open bank i enter in DD info once : information needed : information will be .accounts during the bank account has been : to verify that the :built into the online enrollment process establish and South has South applicant lives application system. at the program bank i completed application : in a disadvantaged :Fair_ process based on : area and within the Program needs_ City of Miami limits_ open bank accounts during the program bank Fair_ Bank partners '. Program stall meets attend the program :one on one With youth bank Fair to answer rho have Net to submit questions. meet their direct deposit South and open bank: Forms. accounts. collected and kept : ambassadors Will walk bCity of Miami through account Payroll. ADP, opening application employee records :Form With participants_ and program Manager data base. Youth meet with their assigned Financial ambassadors to learn about the programs financial expectations and content Send reminder emails : Financial to program ambassadors participants about send reminder benefits of banking on text messages, pa 9da9_ : calls and emails to their assigned take the America Save pledge using their Empower App. rarrrcrpants are acclimated to the Empower Cell Phone App. Text message reminders about benefits and importance of saving. hinancral : hrnancral :Support .6 months later : contract with app ambassadors visit ambassadors participants to Follow up With South. developer to integrate Program rorksites to visit program continue saving participant to veriF5 empower app [beyond run education : rorksites to run : For college and : savingsldistribute : SYEP] and integrated sessions with [heir :education :continue :savings incentives to our new Financial assigned South each sessions with employment education AmeriCorps paq period_ [heir assigned after the summer. Program. .youth each pay period. CFE FUND GRANT AGREEMENT EXHIBIT B 16 Exhibit C Grantee Budget CFE FUND GRANT AGREEMENT EXHIBIT C 17 Exhibit D Reporting The Municipal Grantee is responsible for submitting progress reports using the CFE Fund's online grant portal which can be accessed through the web link below: https://www.gra,ntinterface.com/Home/Logon?urlkey=CitiesFE Financial Reporting The CFE Fund requires financial documentation of expenses paid for Summer Jobs Connect corresponding to the Grantee Budget in Exhibit C. Program Reports The CFE Fund will assign semi-annual program reports to track progress towards grant objectives and understand local Summer Jobs Connect accomplishments, challenges, and lessons learned. An overall Program budget, will also be expected. A total of two Program Reports will be completed throughout the Grant tern. The interim report is due on July 16, 2020, and the final report is due on October 15, 2020. Outcomes to be tracked include the following: CFE FUND GRANT AGREEMENT EXHIBIT D 18 2019 matedActual Esti t How manyyouth areserved byyour city's SYEP in total? Program model How many youth are served by the SYEP that your agency oversees and manages? How manyyouth were taught about the benefits of banking? Financial Education How manyyouth received follow-up financial education on how to efficiently use a bank account, budgeting, and/or savings? (Messaging, peer -mentoring, continued trWning, etc.) How many youth was the city abie to determine banking status for? (Wheth er,particip an is had ars account ,prior to programming] Account opening How manyyouth had the opportunity to open an account through your program? How many youth actually opened accounts through your program? How many youth had the option of direct depositing their summer pay into a bank account? Direct Deposit How manyyouth actually received their payvia direct deposit? How manyyouth receiving direct deposit splitthe deposit into a savings and transactional account? CFE FUND GRANT AGREEMENT EXHIBIT D 18 Exhibit E Summer Jobs Connect Youth Account Priorities Cities for FINANCIAL G i 0 connect EMPOWERMENT Fund SUMMER JOBS CONNECT YOUTH ACCOUNT PRIORITIES These following priorities are intended for use by programs seeking or negotiating financial institution transaction accounts for youth populations. Terms Standards Transaction Account at Banking Institution Checking account (including checkless checking); bank- orcredit union -offered prepaid Non-custodial account ownership forthose under 18 $25 orless,with ability for consumer to delay funding initial balance until first payroll Minimum Opening Deposit Monthly Maintenance Fee None for youth accounts Overdraft orNon-Sufficient Funds (NSF) Fees None, structurally not possible (e.g. via checkless checking) Dormancy or Inactivity Fees None; after months or more of inactivity, account can be suspended with an option to reactivate Withdrawal Capability Free methods to access funds through in -network ATMs Insured by FDIC orNCUSIF For consumers under 18: Flexible usage, reflecting that any negative reports are unlikely to be fault of the minor For consumers 18 and over: Flexible usage; only deny new customers for past incidences of actual fraud Insured Deposits New Account Screening (e.g. ChexSystems, Early Warning Services) Alternative IDs Remote Account Opening Accept alternative IDs (e.g. school IDs, program IDs) Accounts can be opened remotely (e.g. through onsite program enrollment, assisted account opening, or online), including issuing account numbers off-site Free savings accounts and account transfers Debit card/prepaid card Linked Savings Accounts Additional Important Features Point of Sale (POS) Capability Branch Access Free and unrestricted Telephone Banking Free and unrestricted (including live customer support) Use of Out -of -Network ATM $2.50 or less (not including local ATM fee) Deposit Capability Free in branch, at ATM, and direct deposit Free Free if available, otherwise at least four free money orders and/or cashier checks per month Free Free Bill Pay by Customer Bill Pay by Financial Institution Check Cashing for Checks Issued by that Bank Online and Mobile Banking Banking Alerts Free Monthly Statements Free paper (or electronic with consumer consent) Mobile Deposits Available, free Funds Availability Immediate availability for known customers cashing government, payroll, orsame-bank checks Money Orders $1.60 or less (based on U.S. Postal Service rate) Remittances (International. Wire) Competitively priced ($5.00 - $20.00, depending on country) Credit -Building Product Offerings Secured credit card or secured personal loan, e.g. BanIcVn www.cfefund.org CFE FUND GRANT AGREEMENT EXHIBIT E 19 Notices Cities for Financial Empowerment Fund, Inc. I-Hsing Sun Chief Program Officer Cities for Financial Empowerment Fund, Inc. 44 Wall Street, Suite 1050 New York, NY 10005 (646) 362-1634 isun@cfefund.org Municipal Grantee Lillian P. Blondet Director Office of Grants Administration City of Miami 444 SW 2nd Avenue, 5th Floor, Miami FL 33130 305-416-1536 LBlondet@miamigov.com 8 Exhibit F CFE FUND GRANT AGREEMENT EXHIBIT F 20 Exhibit G Citi Foundation Marketing Guidelines (To Be Attached) CFE FUND GRANT AGREEMENT EXHIBIT G 21