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HomeMy WebLinkAboutSubmittal Minority Construction PlanMINORITY CONSTRUCTION PLAN 1. Amended and Restated Southeast Overtown/Park West Lease and Deg elopment Agreement (1-27-060, A- Article V — Minority and Women's Participation and Equal Employment Opportunity B- First Source Hiring Agreement Community Benefits Program 2. Letter to Frank Rollason, 7-14-05 A- Preliminary outline for Employment Training Program SUBMITTED INTO THE PUBLIC RECORD FOR ITEM pz4ONJo--. lA Submitted Into he public record iti y conn - crici item PZ.,40 od to ->b-a, Priscilla A. i i hc.mpson City Clerk 4th EXHIBIT D AMENDED AND RESTATED SOUTHEAST OVERTOWN(PABX WEST LEASE AND DEVELOPMENT AGREEMENT THIS LEASE (hereinafter referred to as the "Lease"), made- this day of , 200_, by and between SAWYEI''S WALK, LTD., a Florida limited partnership (hereinafter referred to as "Developer"), and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (hereinafter referre to as "the --CRA"). RECITALS A. The Southeast Overtown/Park West Project area was as community redevelopment area (the "CRA Redevelopment lesignated Area") by Miami -Dade; County, .a political subdivision of the State of Florida (the "County"). A redevelopment plan was approved by the .Commissiofiers of the • City of Miami, a municipal corporation (the "City") and the Commi goners of the County 'with certain redevelopment authority granted by the County to the City for project implementation. The. City invited interested parties to submit proposals for the development of residential and cI mmercial structures on properties in the vicinity of the Overtown Transit Station in a• portion of the CRA Redevelopment Area. B. In response to requests for proposals issued by the C ty, Indian River Investments of Miami, Inc., . a Florida corporation ("India River"), acting in the capacity of general partner on behalf of Poinciana Village of Miami, Ltd. ("Poinciana"), was selected as the "developer" with res ect to the development of that certain real property described on Exhibit "A'' attached hereto and made - a part hereof (the "Poinciana Village Project"). Indian Subject to conforming to the terms of the Settlement Agreement. days of the Effective Date of the Settlement Agreement. Su re ite v'thin 30 miffed Into the public rd in connection wit P2 .9-G on (° ab 6(0 Priscilla A. Thompson City Clerk beet efforts to work with African American realtors to reach out d market the Project to African Americans to relocate to the Overtown co unity. This effort shall include the sale of Affordable Units as well as ket rate units to African Americans. ARTICLE V MINORIT'(AND WOMEN'S PARTICIPATION AND EQU EMPLOYMENT OPPORTUNITY Section 5.1 Minority and Women Participation an Equal -Opportunity. Developer agrees that it will: (i) Take definitive action in the recruitment, advertising and to attract and retain minority and female contractors and subcontractors; (ii) Provide a reasonable opportunity in the reruitment, advertising and hiring of professionals, contractors and subcontractors residing within the CRA Red elopment Area and within the City of Miami; (iii) Take reasonable definitive action in retaining mployees regardless of race, color, place of birth, religio , national origin, sex, age, marital status, veterans and disability status; (iv) Maintain equitable principles in the r-tment, advertising, hiring, upgrading, transfer layoff, termination, compensation and all other terms,4onditions and privileges of employment; (v) Monitor and review all personnel practices to Fuar' antee that equal opportunities are being provided to all employees regardless of race, color, place of birt , religion, national origin, sex, age, marital status, ve rang and disability status; 40 S b ate into the public re o'd iiE. con : c'jon 1,:`ii ite n ri c �,ol.�r,)oe ,.,w pson City Clerk (vi) Post in conspicuous places, availability to employees and applicants for employment, notices in a form to be provided to the Executive Director, setting forth t he non- discrimination clauses of this Section 5.1; and (vii) In all solicitations and advertisements for employment placed by or on behalf of Developer, state that all applicants will receive consideration for employment without regard to race, creed, color or national on Section 5.2 Participation Requirements. Developer agrees t. comply _ with the following minority and female participation requiremeents (the "Minority Participation Requirements"): 5.2.1 Construction. Developer agrees to utilize its be efforts to comply with the following minority and female participation meats with respect to construction: 28% Black participation 8% Female participation 15% Hispanic participation 5.2,2 Design. Developer agrees to comply with the minority and female participation requirements with respect to des' 10% Black participation 5% Female participation 10% Hispanic participation 5.2.3 Property Manasement. Developer agrees tocomply with the following minority and female participation requirements with rilespect to property management: 28% Black participation 8% Female participation 15% Hispanic participation 41 Subm record item Pri following tted Into the public in connection with on 10)24,Io(v sciiia A. -Thompson `-----< City Clerk Developeragrees to co�ply with 5.2.4 Sales and Marketing. the following minority participation requirement with respect to its sales and marketing staff 20% Black participation Section 5.3 Deport Requirements. Developer shall provide, on an annual basis, such documentation as the Executive Director may onable request to evidence compliance with the Minority Participation Reg' ' ments with respect to each of the categories described in Section 5.2 during the preceding year (the "Minority Participation Reports") on a phase by phase basis. To the extent of any disputes between Developer and the ecutive Director with respect to the compliance with the Minority Participation Requirements, the dispute shall be submitted to arbitration for resolution, which resolution shall be binding upon the parties. Section 5.4 Penalties for Non -Compliance. To the extent that Developer fails to bomply with the Minority Participation Require is on a phase by phase basis in each of the categories described in Sec 'ons 5.2, Developer shall pay to the CRA as a penalty Five Thousand and No/100 Dollars ($5,000.oq) for each percentage point below the require ents set forth in Section 5.2.1, 5.2.2, 5.2.3 and 5.2.4, in each respective category Developer fails to meet the applicable Minority Participation uirement (the "Non -Compliance Funds"). The Non -Compliance Funds shall be calculated by the Executive Director and shall be due within thirty (30) days from the date of the Developer's receipt of written statement m the Executive Director stating the amount of Non -Compliance Funds due. To the extent of any dispute between the Executive Director and Developer with respect to compliance with the Minority Participation Requirements, the dispute shall be submitted to arbitration for resolution, which solution shall be binding upon the parties. The CRA covenants and agrees to utilize any Non -Compliance Funds paid to CRA pursuant to this Section for a job training program for residents of the CRA Redevelopment Area. Sub m tt 4i .'S th o public rE e s . item. Q2- offo1�(pjr. Prisc Ile A. Thompson - ._ City Clerk Determination of compliance with the Minority Participation Requirements shall be determined on a Project -wide basis and not on a per Phase basis. Section 5.5 Impossibility to Perform. Developer acknowledges that the Minority Participation Requirements are mandatory requirements and not an obligation to utilize best efforts. In the event that Develo r, in good faith, believes that it is impossible to satisfy some or all of the Minority Participation Requirements for any phase as a result of there ndt being a sufficient number of minority and female job candidates available to comply with the Minority Participation Requirements, Developer may nest that the City Manager reduce the applicable Minority P 'cipation Requirements, in the applicable category, for that respective phas provided that Developer is able to provide to the City Manager irrefutabl evidence that there was not a sufficient number of minority and/or female job candidates available to comply with the applicable Minority Pa ticipation Requirements. The decision of the City Manager shall be b ding on Developer and the CRA with respect to the phase in question. Section 5.6 Professionals. Developer shall utilize its best efforts to employ African American and other minorities to provide p fessional services to Developer in connection with the Project, including, without limitation, lawyers and accountants. Developer shall utilize its best efforts to cause existing professionals employed by Developer to joint ve ture with African Americans and other minorities to expand minority parti 'pation in the Project in connection with the provision of professional services. ARTICLE VI FIRST SOURCE HIRING AGREEMENT AND EMPLOYMENT TRAINING PROGRAM Section 6.1 FIRST SOURCE HIRING AGREEMENT. Simu taneously with the execution of this Lease, Developer and the CRA shall enter into a first source hiring agreement for the Project in the form of Exhibit "L" 43 Subrn teed Into the public rE=cde it cone LikT with l item i 7-ta o `� to`'No�ob Pr sciila A. Thompson City Clerk att»rhpd hereto and made a part hereof (the "First Source Hiring Agreement"). The terms and provisions of the First Source Hiring Agreement are incorporated herein by reference and made a part hereof. The failure of Developer to comply with the terms and provisions of the First Souice Hiring Agreement within the applicable grace period provided herein shall constitute an Event of Default under this Lease. Section 6.2 Construction. . The Developer, in conjunction with the South Florida Work Force or such similar entity involved in job cr ation and training, shall participate in an existing program or shall establis a "Skills_ Training and Employment Program" at or near the Project w 'oh shall provide for training of construction personnel for residents in the CRA Redevelopment Area and in the City, which is more particularly described on Exhibit "M" attached hereto and incorporated herein by reference (the "STE Program"). The Developer shall comply with the terms and pro ' ons of the STE Program and the failure to so comply shall constitute Event of Default under this Lease, if not cured within the applicable grace p riod. Section 6.3 Property Management. The Developer, in njunction with the South Florida Work Force or such similar entity involj ed in job creation and training, shall participate in an existing progxani or shall establish a "Property Management Training and Employment Program" at or near the Project which shall provide for training of property m emezlt' personnel for residents in the CRA Redevelopment Area,. and ' the City which is more particularly described on Exhibit "N" attached hereto and incorporated herein by reference (the "PMTE" Program"). The Developer shall comply with the terms and provisions of the PMTE Pro and the failure to so comply shall constitute an Event of Default under this Lease if not cured within the applicable grace period. Section 6.4 Prgfessipnals. Developer shall utilize its be efforts to employ African American and other minorities to provide p ofessional services to Developer in connection with the Project, includin , without 44 re ,- _. �v i 1 p . item max. Pri cilia A. Tho peon --- . City Clerk limitation, lawyers and accountants. Developer shall utilize its best efforts to cause existing professionals employed by Developer to joint vent ure with African Americans and other minorities to expand minority participation in the Project in connection with the provision of professional services. ARTICLE VII LAND USES Section 7.1 Land Uses. Developer and the CRA agree, for emselves and their successors and assigns, to devote the Leased Property, the uses _ specified in this Lease and to be bound by and comply with,all of the provisions and conditions of this Lease, including, without limitation, the requirement that the Developer Improvement be developed sub tially in accordance with the Development Plan during the Terni of this Le e. Section 7.2 Character and Operation of Improvements. a parties recognize and acknowledge that the manner in which the Developer Improvements on the Leased Property are developed, used and op rated are matters of critical concern to the CRA by reason of the economic de elopment of the CRA Redevelopment Area. Developer shall . prepare condominium documents (the "Condominium Documents") establishing such reasonable rules and regulations governing the occupancy of Subtenants and Condominiums Owners of their premises as the Developer s'1 deem necessary or desirable in order to assure the level of quality and character of operation of the Developer Improvements required herein, and the Developer will use all reasonable efforts to enforce such rules and regulations. The Condominium Documents shall be subject to the approval of the Executive Director and the rules and regulations included in the Condominium Documents shall be in accordance with the provisions set forth Chapter 718, Florida Statutes governing condominiums and shall not co 'et with this Lease or CRA's interest. The Executive Director shall also i view and 45 Su • - • Into the public re • • in connection Wi item >to on lb Co risciiia A. Thompson City Clerk 1B Into the public connection wi on tow0l� Subm record in item P ' Ila A. Thompson City Clerk EXHIBIT R FIRST SOURCE HIRING AGREEMENT COMMUNITY BENEFITS PROGRAM This Agreement is made this day of , 200 , by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA") and SAWYER'S WALK, LTD., a Florida limited partnership ("Developer"). RECITALS A. Developer and the CRA have entered into that Amended and Restated Southeast Overtown/Park West Lease and Development Agreement dated ("Lease"), for the development of a mixed use project containing approximately one thousand fifty (1,050) residential units (collectively, the "Residential Units") on the property, more particularly described ' Exhibit "A", attached hereto (the "Property") consisting of apartments, tow houses, lofts, live/work units (i.e., commercial units which are bundled with a r sidential unit) (the "Live/Work Units"), which Residential Units will be construe ed in mid -rise structures and high-rise structures and approximately seventy five thousand (75,000) square feet of retail and office space, which is more partic arly described on Exhibit "B" attached hereto (the "Project"). B. To supplement the local community involvement i the Project, Developer has agreed to comply with Section 18-110 of the City of iami Code to foster participation in the construction and operation of the Project Low Income P y Individual residents of the City of Miami and Miami -Dade County, including, but not limited to those who are participants of South Florida Workfor4e training and 1 Submitt Into the public record i connectio with item � on ro� oc. Pris 'lla A. Thompson City Clerk employment programs and other residents of the City of Miami an Miami -Dade County. NOW THEREFORE, in consideration of ten dollars ($10.00) nd other good and valuable consideration, the receipt and sufficiency of whjch is hereby acknowledged, the parties hereby agree as follows: SECTION 1. DEFINITIONS As used in this Agreement, the following capitalized terms hall have the following meanings. All definitions include both the singular an : plural . form. Capitalized terms not specifically defined herein are as defined in the Lease. "Agency" shall mean the South Florida Work Force, a state and federally funded 501 C3 organization or an organization equally acceptable to the Executive Director. In the event the Agency ceases to exist, upon request f CRA or the Developer, the Developer shall create or select a similar entity capable of handling the responsibilities designated to the Agency hereunder, acceptable to the Executive Director. "Agreement" shall mean this First Source Hiring Agreement i its entirety. "CRA" shall mean the Southeast Overtown/Park Wes Community Redevelopment Agency, as represented by the Executive Director o the Southeast Overtown/Park West Community Redevelopment Agency. "Construction Contract" shall mean a contract in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) related to the const uction of any portion of the Project. "Construction Contract" shall not include any contracts related to renovations to the Project after completion of the Project. "Construction Contractor" shall mean a contractor who enters into a contract with the Developer related to the construction of the Project, or any art thereof, of at least Two Hundred Thousand and No/100 Dollars ($200,000.00). "Developer" shall mean the Sawyer's Walk, Ltd., a Florida limited partnership. "Full Time Employee" shall mean an individual employed for a minimum of thirty-five (35) hours per standard five day work week. Subrnitt Into the public record i connection 1th item 2 on It 1 e 6 Pris IIa A. Thompson City Clerk "Low -Income Individual" shall mean an individual whose household income is no greater than 80% if the median income for Miami -Dade CountY- based on the local Census data or is unemployed. "Overtown Area" shall mean that area as depicted in Exhibi "C" attached hereto and made a part hereof. "Residents" shall comply with the definition as adopted or as ietermined by the Agency, and may include prior residency with accompanying pro f, satisfactory to the Agency, of residency within specific targeted areas as of January 1, 2006 or since. { "Site" shall mean the real property more particularly described on Exhibit "A" attached hereto and made a part hereof. "Subcontractor" shall mean any subcontractor entering into a contract relating to the construction of the Project, or any part thereof, o ' at least Two Hundred Thousand and No/100 Dollars ($200,000.00). SECTION 2. FIRST SOURCE HIRING PROGR A. Construction 1. The purpose of this Section of the Agreement is to develop reliable resources for the prescreening of resumes and operation of training programs that will facilitate the skills and the employment of Low - Income Individuals that reside in the City of Miami a d Miami Dade County for the construction of the Project. This S ction aims to accomplish this .stated goal by (i) establishing a meth nism whereby Low -Income Individuals can receive job training in the skills requested by employers involved in constructing the proposed improvements to be constructed by the Developer, and (ii) establishin; a system for prompt reliable pre-screening and referral of applicants by employers as jobs become available. The Developer shall require each Construction Contractor for the Project, or any portion thereof, and each Subcontracto retained by a Su rnitted 111.0 the ptub c iten `l'2.�o O{ i l° sco oc• Priscilla A. Tho pson City Clerk Construction Contractor or Subcontractor with total co tract amount in excess of Two Hundred Thousand and No/100 Dollar ($200,000.00) for work related to the Project, or any portion thereof, to provide employment opportunities generated by the Project to qualified Low Income Individuals residing within the City of Miami and Miami -Dade County, including, but not limited to, those who are part'cipants in the Agency's training and employment programs, suject to the Construction Contractor's obligation to fill vacancies generated by the Project with Construction Contractor's employees from other jobs. It is understood that jobs may be offered on the basis of however, should qualifications be equal, such qualifications, employment opportunities shall be offered by Construction Con1tractor(s) and Subcontractor(s) in the following order of priority: (a) to residents of the Overtown Area, (b) other City of Miami reside ts, and (c) to residents of Miami -Dade County. 2. Provisions Benefiting Residents. a) Two (2) months prior to the anticipated commencement of construction of Phase I of the Project, unless otherwise approved by the Executive Director, the Developer, in coo dination with the Agency, shall establish a Skills Training enter ("Skills Training Center") during construction to provid for on -site or off -site, as approved by the Executive Director, training for a minimum of fifteen percent (15%) of the entire construction workforce, whether union or non -union, of the entire construction associated with the Project, excluding any renovations after final certificates of occupancy hafve been issued for all units comprising the Project. The relquirement for participation in the program will be included all the Construction Contracts with respect to any Phas of the Project and participation in the program by all Subco tractors. The Into the public connection w'th 2 on to of, Ila A. Thompson City Clerk purpose of the Skills Training Center program will be to teach the Low -Income Individuals marketable construction skills. The Developer will operate or cause to be opera ed the Skills Training Center, which will provide for the a vancement of skills for the construction personnel at the Project. It will teach a tight curriculum of safety fundamental skills for untrained people, advanced skills for trained personnel, a ditional skills for certificates in alternate trades, and management of construction operations. b) The Developer and the Construction Contractor hall notify the Agency in a timely manner, as necessary and ppropriate, to develop customized training programs, whit enable Low - Income Individuals to qualify for and secure a try level and apprenticeship construction positions, whether union or non- union. The Developer may provide rent-free sp ce within the Site, or elsewhere, for the local offices of the Agency. In the event the Agency does not perform in a timel manner, the Developer or Construction Contractor shall noti the Agency, with a copy to the CRA, of such deficiency. If t e Agency does not implement steps to cure such deficiency within fifteen (15) days of such notice, the Developer shall immediately identify or establish a new Agency acceptable to the Executive Director to fill the role of the Agency. c) The Developer and each Construction Contractor will notify the Agency in a timely manner of entry-level and pprenticeship positions, whether union or non -union job ope 'ngs, resulting from the Construction Contract requirements tat will not be filled through the Skills Training Center including the number of positions needed and the minimum qualifications required for each position. Submitted into the public record in connectiith item P2 xo on i o Priscilla A. Thompson City Clerk d) The Developer and each Construction Contractor rill utilize the Agency as the "first source" in identifying candidates for its Skills Training Center and except for those positions filled through the Skills Training Center, will declare the Agency the "first source" to identify candidates for tho a entry-level; apprenticeship positions, whether union or non-u ion positions. e) The Developer and each Construction Contractor shall give preference and first consideration on the basis of qualifications, however, should qualifications be equal among candidates, the Developer and each Construction Contractor, to the extent permitted by law and any existent labor agr ements, such employment opportunities shall be offered by Developer and each Construction Contractor in the following order of priority: (a) to residents of the Overtown Area, (b) other City of Miami residents, and (c) to residents of Miami -Dade County. f) The Developer and each Construction Contractor hall advertise or cause to be advertised through the Agency, in, ,local minority media and City TV, the City of Miami commnity television channel, and hold job fairs seeking to attract Low Income Individuals residing in the City of Miami and, Miami -Dade County to seek training and employment at the Pf oject. The Developer and each Construction Contractor shall offer jobs to all those that successfully complete Skills T airing Center, which training was developed for the purpose of developing skills for construction jobs at the Project. As long as these persons remain employed, their positions will ntinue to be counted toward this threshold regardless of any Change in their status as a Low Income Individual. Annual thre holds shall be pro -rated monthly as required. Priority among a tua11y qualified persons will be given to those residing within the City of Miami. g) Sub Into the public recor in connection wi h item L x on t o >to o f P iscilla A. Tho� P son City Clerk In the event there is not a sufficient number of qualified Low Income Individuals that reside within the City or Miami, then the balance of the percentage can be met utilizing Low Income Individuals that reside within Miami -Dade County. h) In the event that the Agency is unable to identify qualified persons to fill these positions identified by the Contractor within a reasonable time frame acceptable to the Developer or Construction Contractor, any unfilled targeted po itions may be filled by any qualified person, irrespective of their residence. i) To the extent portions of the Project constitute tnion jobs, the Developer and each Construction Contractor shall use good faith to register a resident apprentice training prograi with the local unions for Construction Contracts or subcontract( totaling Two Hundred Thousand and No/100 Dollars ($200,000(00) or more in order to involve trained City of Miami residents a id Low Income Individuals as apprentices and ultimately as journeypersons for the benefit of the Project. j) The CRA acknowledges that all employees of the (Project will be required to have the necessary employment skills, as well as meeting the requirements of the Project insurance policy, including, without limitation, requirements foi a drug free workplace. In addition, the CRA acknowledge that various employment opportunities may require union m mbership, and may require security clearances consistent wit i the Project's security policies and procedures. For purposes of this Agreement, to the extent the Agency provi es the above services, the Developer may rely on the information provided by the Agency for verification purposes. k) To the extent that the procedures set forth in thi section are in conflict with the procedures implemented by the Developer or Subni Into the public record i connection with item Y2 %4' on (o 114, oto Priscilla A. Thompson City Clerk Construction Contractor in order to comply with the applicable federal, state and local laws, the Construction Contractor may substitute other procedures, acceptable to t e Executive Director, in order to accomplish the purpose and intent of this Agreement. 1) Agreed upon Mechanics. Exhibit "D", attached hereto and made a part hereto sets forth the agreed upon m chanics of the programs applicable during construction. B. Property Management 1. This purpose of this Section is to develop reliable resources for the prescreening of resumes and operation of training pro facilitate the skill and the employment of Low Income I� reside in the City of Miami and Miami -Dade County, f management phase of the Project. This Section aims that goal by (i) establishing a mechanism whereby Individuals can receive job training in property manage and (ii) establishing a system for prompt, reliable, pre rams that will idividuals that r the property to accomplish Low Income vent activities screening and referral of applicants to employers as jobs become availa le. 2. Developer and each condominium association controllef by Developer with respect to each Phase of the Project, as well as lach contractor retained by Developer or by any condominium association controlled by Developer with a total contract amount of in excss of Twenty Thousand and No/100 Dollars ($20,000.00) for providing property management services such as security, landscaping and property maintenance, shall be required to provide employment opportunities generated by the Project to qualified Low -Income Indi within the City of Miami and Miami -Dade County, inc limited to, those who are participants in the Agency's t employment programs. iduals residing uding, but not airing and the Submitted nto the public record in nnection w'th item ?Z on to to Priscill A. Tho p n City Clerk It is understood that jobs may be offered on the basis o qualifications, however, should qualificiations be equal, such employment opportunities shall be offered by the Developer in the fol owing order of priority: (a) to residents of the Overtown Area; (b) othe City of Miami residents; and (c) to residents of Miami -Dade County. 2. Provisions Benefiting Residents. a) Two months prior to the anticipated issuance of the first temporary certificate of occupancy for the first unit in the first Phase of the Project, unless otherwise approved by the Executive Director, the Developer will set up a Property Management Skills Training Center (the "PM Center") to provide training for a minimum of (15%) of the entire workforce to be involve Skill Training en percent l in property management activities associated with the Project. The purpose of the PM Skill Training Center will be to teach Low Income Individuals, marketable property management skills. The Developer will operate or cause to be operate the PM Skill Training Center, which will provide for the a vancement of skills for property management personnel at the roject. b) The Developer may notify the Agency to assist in eveloping and maintaining customized training programs, and will notify the Agency in a timely manner, as necessary and . ppropriate, to assist in developing customized training program , which enable Low Income Individuals to qualify for and secure the operations jobs, as well as to improve the skills and capabilities of employees for self improvement and career advan ement. c) The Developer will maintain an up-to-date job opening database. The Developer may notify the Agency electronically in a timely manner of applicable job openings containing the approximate number and type of jobs that will need to be :lied, the basic Submitt • Into the public record i connection ith item P2► on lb 0(0 Pris .� Ila A. Thompson City Clerk qualifications necessary, and contact informatio for obtaining further information and information for applying or jobs. d) The Developer shall give preference and first consideration to the highest qualified candidates. Among eq ally qualified candidates, to the extent permitted by law and any existent labor agreements, preference shall be given to andidates the Agency refers. e) The Developer shall advertise or cause to be advertised through the Agency in local minority media and City TV, the City of Miami community television channel, and hod, directly or through the Agency, job fairs seeking to attract Low Income Individuals residing in the City of Miami to seek mployment at the Project; f) A minimum threshold of twenty-five percent (25%) of all initial Full Time Employee Job Openings or one hundred percent (100%) of those candidates who have successfully' completed the PM Skill Training Center shall be filled by Low -Income Individuals. As long as these same persons ren their positions will continue to be counted toward irrespective of their status as a Low -Income India will be given among equally qualified candi residing within the City of Miami. In the event lain employed, this threshold, 'dual. Priority ates to those there is not a sufficient number of qualified Low Income Individuals that reside within the City of Miami, then the Lalance of the threshold can be met utilizing Low Income Individuals that reside within Miami -Dade County. This sha apply to the initial job openings and shall continue so long a the Developer is in control of the various Phases of the Project r on the tenth anniversary of the issuance of the first tempor certificate of occupancy, whichever comes later. Submitt Into the public record i connection ith item . x on (o+4,Poio Pris 'IIa A. Thompson City Clerk g) The Developer shall provide or cause to be provided to the CRA monthly reports defining the progress and employ ent status of those candidates who are hired. h) If Developer anticipates difficulty meeting tie percentage threshold requirements referenced above, Develo , er shall, meet and confer with the Executive Director to deterpine mutually agreeable additional steps which can be takers to meet the percentage threshold requirement. i) Exhibit "E" attached hereto and made a part hereof sets forth the agreed upon mechanics of the program rega ding property management. C. Default and Remedy. The Developer's failure percentage threshold requirements of Section 2(A) and to meet the 2(B) shall not be a breach or default under this Agreement or the Lease, however, if the Executive Director determines, in its reasonable the Developer, a Construction Contractor or a iscretion, that condominium association controlled by the Developer has not, in any 'given calendar I year period, used reasonable efforts to meet the percenytage threshold requirements, then the CRA may assess a penalty of and No/100 Dollars ($10,000.00) for each percentage pc thereof below the threshold requirements for each s period with respect to Sections 2(A) and 2(B). This pena only liability that Developer shall have regarding t Ten Thousand Rent or fraction MZch applicable lty shall be the he percentage threshold requirements of Sections 2(A) and 2(B). Money paid by the Developer to the CRA shall be used for job training Individuals residing in the Overtown area. In the Developer disputes the determination of the Exec Developer may submit the dispute to arbitration in a the provisions of .Article XXIII of the Lease, which incorporated herein by reference and made a part he Submitt record i item Pns f Low -Income vent that the tive Director, cordance with provisions are eof except all Into the public connection ith w on t�1� oc. Ila A. Thompson City Clerk references therein to the Lease shall be deemed references to this Agreement. SECTION 3. MONITORING AND ENFORCEMENT A. Monthly Reports: Construction. The Developer, will provide, or cause to be provided, regular monthly electronic reports regarding the disposition of all individuals trained in the Skills Training Center includi g the position applied for and whether such individual was hired or not. I the individual was not hired, then the Developer's report should further rovide a brief explanation of why any such candidate was not hired or consi ered qualified. Copies shall be provided by the Developer to the Executive Dir ,ctor. B. Monthly Reports: Property Management. During Developer will provide, or cause to be provided, the CRA Operations, with monthly reports regarding date and number of initial position requests date required for candidate to commence work, the disposition of all individuals trained in the PM Skill Training Center referrals, including the position pplied for and whether such individual was hired or not. If the individual as not hired, then the report should further provide a brief explanation of why any such candidate was not hired or considered qualified. C. Quarterly Reports Analysis. The Developer shall prepare, or cause to be prepared, detailed quarterly reports on the implementation o all sections of this Agreement during construction of the Project and a long as the Developer has control of the Project or through the tenth anniversary of the issuance of the first temporary certificate of occupancy with respect to the Project, whichever comes later, including those sections where a Construction Contractor or condominium association controlled by the Developer is the party hiring the individuals. These reports shall provide, at a minimum, a listing of the individuals, ethnicity, residency, classificatio applied for, employer's name, date of hire, status of employment (i.e., sti 1 employed or date terminated), total hours worked for the reporting period, gross monthly Sutmai Into the public record in nnection with item ? 2. on o to Prisci la A. Thomps n City Clerk earnings, recruitment source and percentage of Low Income Individuals when they were initially hired for any component of the Projec, which status shall continue to be applicable to any thresholds that are set], no matter of changes in employee status as a Low Income Individual. These reports should further provide a comprehensive summary of the above, including, but not limited to, the following: • total number of positions hired to -date • total number of positions held by Low Income Individuals esiding in the Overtown Area at date of hire • total number of positions held by Low Income Individuals esiding in the City of Miami (including the Overtown Area) at date of hire • total number of positions held by Low Income Individuals residing in Miami -Dade County at date of hire • total new hires this reporting period • total new hires from prior reporting period • total new hires to -date • total number of individuals referred from each respective recruiting source • total number of individuals hired and not hired from each respective recruiting source. These reports shall be provided to the CRA, consistent wit 1 any security provisions of the Project. If the report indicates that t e percentage threshold requirement is not being met, the Developer will include as part of the report a discussion of the reasons why that is the case. In compiling this report, Developer shall be entitled to rely on information provided by the Construction Contractor(s) without responsibility to perform independent investigation. Further, in the event the Agency prepares the report on behalf of the Developer, the Developer shall be entitled to rely on information provided by the Agency. Submitt= + Into the public record in connection w'th item 2 on ° Pris •' Ila A. Tho Clerk lerk D. Enforcement by the CRA. The Executive Director shall determine the necessity of investigating complaints relating to impleme tation of this Agreement. The Developer shall cooperate fully and promptl with any such investigation, and shall make available at no cost, to the Executive Director requested records and information the Executive Director reasonably deems relevant to monitoring the implementation of this Agreement, consistent with security procedures and policies. If the Executive Director de termines that the provisions of this Agreement are not being followed, he will determine the necessity of engaging and will proceed to engage in a good -fait effort to hear respective issues and to negotiate a resolution. During the i rocess of such investigation, the investigation and its findings will be held in the most strict and confidential manner, reporting findings only to the Exe rutive Director and the Developer. If negotiations do not arrive at a reso16tion within a reasonable period of time, the Executive Director may pursu any available legal remedies, including but not limited to any or all of the following practices: I. A legal action to enforce this Agreement and/or any to m or covenant thereof. The court shall award reasonable attorneys fe s and costs to the prevailing party in an action enforcing or interpreting the requirement of this Agreement. 2. A declaration of ineligibility for future CRA and �'ity of Miami contracts and/or redevelopment agreements with the IRA and/or the City of Miami until penalties and restitution have beEn paid in full. Nothing in this Section 4 shall derogate or limit the rig its of the CRA to enforce this Agreement through pursuit of any avilable legal or equitable remedies. E. CRA shall provide Developer with written notice of finding prier to action and will provide Developer with 60 days to cure. Submi Into the public record i connection w' h item >ce on to o, Pris ilia A. Thompson City Clerk SECTION 4. IMPLEMENTATION OF FIRST SOURCE HIRINC PROGRAM A. Inclusion of this Agreement in Contracts. 1. Construction Contracts and Business Users Agreements. The Developer shall not execute any contract related to construction of the Site, or portion thereof, unless this Agreement is included as material term of the contract. 2. Developer Assurance Regarding Preexisting Contracts. Developer warrants and represents that as of a date of mutual execution of this Agreement, it has executed no Construction Contract(s) or agreement that would violate any prvision of this Agreement had it been executed after the date of mutual execution of this Agreement. SECTION 5. NOTICES Correspondence. All correspondence shall be in writing a and shall be addressed to the affected parties at the addresses set forth below. A party may change its address by giving notice in compliance with this Section 5 the addresses of the parties are: (a) Developer. In the case of a notice or communication to Developer if addressed as follows: Sawyer's Walk, Ltd. c/o Tirso San Miguel Crosswinds at Poinciana, LLC 600 Corporate Drive, Suite 102 Ft. Lauderdale, Florida 33334 With a copy to: I. Barry Blaxberg, Esq. Blaxberg, Grayson, Kukoff & Segal, P.A. 25 S.E. Second Avenue, Suite 730 Miami, Florida 33131 Submitted Intc record in conn item p 2N.0c Priscilla A. the public ctio with n lb1jole Tho pson City Clerk (b) CRA. In the case of a notice or communication to the CRA or the Executive Director, if addressed as follows: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY Attention: Executive Director 49 N.W. 5th Street Suite 100 Miami, Florida 33128 With a copy to: Jorge L. Fernandez, Esq. City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 William R. Bloom, Esq. Holland & Knight LLP 701 Brickell Avenue Suite 3000 Miami, Florida 33131 James H. Villacorta, Esq. 49 N.W. 5th Street Suite 100 Miami, Florida 33128 SECTION 6. GENERAL PROVISIONS A. Severability Clause. If any term, provision, covenant, or ndition of this Agreement is held by a court of competent jurisdiction to be i valid, void, or unenforceable, the remainder of the provisions shall continue i full force and effect. B. Binding on Successors. This Agreement shall be binding pon and inure to the benefit of the heirs, administrators, executors, success rs in interest, and assigns of each of the parties hereto. Any reference in thi Agreement to a specifically named party shall be deemed to apply to any successor in interest, heir, administrator, executor, or assign of such party. Submitted Into the public record in connection with item t'1. ? , on tb tom. 04 Priscilla A. Thompson City Clerk C. Intended Beneficiaries. The CRA is an intended third -party beneficiary of contracts and other agreements, which incorporate this Agreement, with regard to the terms of this Agreement. The CRA shall therefore have the right to enforce the provisions of this Agreement against all parties incorporating this Agreement into contracts or other agreemen 1s. D. Term. Section 5 Monitoringand Enforcement, of this Al reement shall become effective on the date of mutual execution of this Agreement, and shall remain in effect for as long as the Developer remain in control of the Project or for ten years from the issuance of the first temporary, certificate of occupancy for any portion of the Project, whichever comes later E. Material Terms. The provisions of this Agreement are material terms of the Lease for the Project. The provisions of this Agreement are material terms of any contract in which it is included. F. Waiver. The waiver of any provision or term of this Agreeme t shall not be deemed as a waiver of any other provision or term of this A eement. The mere passage of time, or failure to act upon a breach, shall no be deemed as a waiver of any provision or terms of this Agreement. G. Estoppel. Both parties agree to provide the other within 15 ays of request an estoppel letter acknowledging that the other party is not in default of this Agreement. H. Construction. Each of the parties has been represented by counsel in the negotiation and drafting of this Agreement. Accordingly, tlyis Agreement shall not be strictly construed against any party, and the rule of construction that any ambiguities be resolved against the drafting party shall not apply to this Agreement. I. Entire Agreement. This Agreement contains the entire agre ment between the parties and supersedes any prior agreements, whether ritten or oral. This Agreement sets forth the general framework for a First Source Hiring Policy and may be supplemented by additional memoranda a proved by the Sub n itted Into the public recor in connectio w th item 2 on ►b �,�oc, P 'lla A. Tho pson City Clerk Developer and the Executive Director detailing the procedures and deadlines for carrying out this policy. J. Amendments. This Agreement may not be altered, amended or modified, except by an instrument in writing signed by the Developer and Executive Director. K. Authority of Signatories. The individuals executing this Agreement represent and warrant that they have the authority to sign o behalf of the respective parties. L. Waiver of Jury Trial. The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment or modification of this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or party hereto. This waiver of jury trial provision is a material the CRA and Developer entering into the subject transaction. IN WITNESS WHEREOF, the CRA and the Developer Agreement the day and year first above written: DEVELOPER: Signed in the presence of: SAWYERS WALK, LTD. actions of any inducement of executed this Print Name:_ By: Title: Print Name: Submitted Into the public record in connection with item on to o co Priscilla A. C � Clete CRA: SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida Print Name: By: Frank Rollason Title: Executive Director Print Name: ATTEST: Priscilla A. Thompson Clerk of the Board APPROVED AS TO LEGAL APPROVED AS TO INSURANC SUFFICIENCY: REQUIREMENTS: Holland & Knight LLP, as Insurance Manager special counsel Submitted Into the public record in connection vxith item ?2.749 on it �, IOU Priscilla A. Thomson P City Clerk EXHIBIT A PROPERTY Submitted Into the public record in connecti n ith item /2 2(e on to Nr pc. Priscilla A. Tho pson City Clerk EXHIBIT B PROJECT Submitted Into the public record in connect' with item `t 2 X on ld oCe Priscilla A. Thompson City Clerk EXHIBIT C OVERTOWN AREA Submitted Into the public record in connection with item 32 74 on 10194.1%, Priscilla A. Thompson City Clerk EXHIBIT "D" AGREED UPON MECHANICS CONSTRUCTION As long as the Developer adheres to the following procedures, he will be in compliance with the Agreement: 1. Include the terms and provisions of this Agreement in any Construction Contract for on -site work in excess of $200,000. 2. Assure that a minimum of 15% of all construct on positions, notwithstanding the Construction Contract amount, wh ther union or non -union jobs, in construction are made available t Low Income Individuals as defined by this Agreement. 3. Consult with the Agency in scheduling emplo ment needs, requirements, schedule, training required, duration o training, job fairs, and advertising in local City media, and solicit andidates for openings from the Agency. 4. Provide such information required by the Agency in a timely manner as required by the Agency in order to provide the requisite training and identification of Low Income Individuals for training and employment as contemplated by this Agreement. 5. Establish procedures that will facilitate ease of electro 'c file, data, and report transfer. 6. Establish procedures wherein Construction Contractors are to solicit unions to provide job training to candidates, with respec - to any union jobs. 7. Two months prior to the commencement of construction of Phase I of the Project, the Developer will provide an on -site, r off -site as approved by the Executive Director, Skills Training Crter training for a minimum of 15% of the entire construction wor . force during Submitted Into the p blic record in connection th item pa x on to oco Priscilla A. Tho • on City Clerk construction to improve the skills of employees and to aid them in career growth. Developer and Construction Contractor shall offer jobs to all individuals that successfully complete Skills Training, which training was developed for the purpose of developing skills for the construction jobs of the Project. 8. The Developer and the Construction Contractor will notify the Agency in a timely manner of all positions resulting from th , Construction Contract requirements that will not be filled through the Developer's Skills Training Center. 9. Job openings will be granted on the basis of qualifications. Among equally qualified candidates, priority employment opportunities shall be offered in the following order of priority: (a) to residents of the Overtown Area, (b) other City of Miami residents, and (c) to residents of Miami -Dade County. 10. Developer may work with the Agency, security personnel and any other available agency acceptable to the Executive Director to help the Developer obtain requirements and records necessar1► for security clearances. 11. Resolve any problems or lack of success in meeting th se procedures with the Executive Director in a timely manner. 12. Provide monthly and quarterly reports as provided for in the Agreement, consistent with other required personnel reporting data, to the CRA, outlining the performance of the program. 13. The Developer shall not execute any contract related to construction unless the Agreement is included as a material term of the contract. Submitted Into the publi record iri connection it item 'P2x, on to Priscilla A. Tho p _._ City Cie EXHIBIT "E" AGREED UPON MECHANICS PROPERTY MANAGEMENT As long as the Developer adheres to the following procedures, he will be in compliance with the Agreement: 1. Include the terms and provisions of this Agreement in a y contract for property management services for the Site in excess of $ 0,000.00. 2. Assure that a minimum of 15% of all property management positions are made available to Low Income Individuals as dJfined by this Agreement. 3. Consult with the Agency in scheduling emplo3 ment needs, requirements, schedule, training required, duration o training, job fairs, and advertising in local city media, and solicit andidates for openings from the Agency. 4. Provide such information required by the Agency in a tp mely manner' as required by the Agency in order to provide the regiu'site training and identification of Low Income Individuals for training and employment as contemplated by this Agreement. 5. Establish procedures that will facilitate ease of electronic file, data, and report transfer. 6. Two months prior to the issuance of a temporary certificate of occupancy for the first unit in Phase I of the Property, he Developer will provide an on -site, or off -site as approved byte Executive Director, PM Skills Training Center training for a mini um of 15% of the entire property management workforce to improve the skills of employees and to aid them in career growth. Developer and condominium associations controlled by the Developer shall offer jobs to all individuals that successfully complete PM Skills Training, which Submitt d Into the public record i connection with item 2.2-ce on Pris ilia A. T ty Clerk training was developed for the purpose of developing skills for the property management jobs of the Project. 7. The Developer and any condominium associations controlled by the Developer will notify the Agency in a timely manner cif all property management positions that will not be filled through the PM Skills Training Center. 8. Job openings will be granted on the basis of qualifca ions. Among equally qualified candidates, priority employment oppo unities shall be offered in the following order of priority: (a) to residents of the Overtown Area, (b) other City of Miami residents, and (e) to residents of Miami -Dade County. 9. Developer may work with the Agency, security personnel and any other available agency acceptable to the Executive Director to help the Developer obtain requirements and records necessary for security clearances. 10. Resolve any problems or lack of success in meeting the a procedures with the Executive Director in a timely manner. 11. Provide monthly and quarterly reports as provided for in the Agreement, consistent with other required personnel reporting data, to the CRA, outlining the performance of the program. 12. The Developer and any condominium association controlled by # 1894673_v4 Developer shall not execute any contract related management unless the Agreement is included as a ma the contract. to property erial term of Submitted Into the p blic record in connectio 'th item FIX/ on +b o� Priscilla A. Tho son City Clerk 2A Submitted Into th public record in connect o wi item P 2 26, on b o(, Priscilla A. Th • mpson C Clerk c II`OSSWINDS COMMUNITIES July 14, 2005 Frank Rollason, Director City of Miami CRA 49 NW 5t' Street, Suite 100 Miami, Florida 33128 Re: Southeast OvertownlPark West Community Redevelopmint Area, Settlement Agreement Sawyer's Walk/CRA Dear Mr. Rollason: The Settlement Agreement between Sawyer's Walk, Ltd., Poinciana Villa a of Miami, Ltd., the Southeast Overtown/Park West Community Redevelopment Age cy, and the City of Miami, stipulates (Section 17 — Employment Training Program) tat Sawyer's Walk shall submit a detailed plan for the "Skills Training and Employment�rogram" for approval within sixty days from the Effective Date (2/9/05) to the Executi a Director of the Community Redevelopment Agency. The CRA granted an extension to the end of the inspection period (6/09/05) and an additional extension to July 15; hovdever, we are requesting an additional extension until November 15, 2005 to provide the CRA with the completed Detailed Plan. We have been requested by the Manage¢'s Office to coordinate our efforts with the Miami Works Program. Unfortunately, the details of the program are currently being negotiated between the City, the South Florid Workforce, and other entities; this precludes us from making a final determination on our participation in this program which, we believe, would be the most effectiire means of providing job training and recruitment. We have had a series of .meetings with potential providers —The Collins Center, the South Florida Work Force; and David Rosemond, who is coordinating the Miami Works Initiative. Based on our discussions with the Managers Office, the South Florida Workforce, and the limited size of our efforts, it would be most beneficial to participate as part of the Miami Works Program. We have carefully evaluated the major gaps that currently exist to create employment opportunities for Overtown residents, and we believe that the thrust of our efforts should focus on creating a community outreach program that will Zink skilled end unskilled Overtown residents with job opportunities that will be established through Sawyer's Walk, both during construction and in the long term. Crosswinds will establish an office within Overtown which will be staffed with an. Overtown resident (Commulnity Liaison) with extensive expertise in community outreach and familiarity with goverimental and job training programs. This intake office will extensively market job opportunities within Overtown through mail outs, flyers, job fairs, attendance at community meetings, postings at community activity centers, etc. The hours of this office will include evenings bUO C p n ii DIM! 1,11P 1 C' f:. lr..u;lc.dole. sl. 33334 www.crosswinds.com aSinifh I itertrie public record i connection ith item T2- on 1e r ot, Priscilla A. Tho pson City Clerk and weekends, and the office is projected to open in February 2006 in order to meet our scheduled commencement of construction early next summer. This offs will perform the initial intake for entities that provide screening and referrals to exi ting training programs identified by the Miami Works Program and the South Florida Wlorkforce and maintain current listings of job candidates, which will be provided to contractors and subcontractors employed by Sawyer's Walk. Construction contracts will mandate the utilization of this service. Our approach will be "one by one" and hands-on. Essential to the process will be the follow up and monitoring of the performance of both the providers and participants. The development program schedule calls for a staged construction over four years, utilizing one crew. We will also work closely with contractors to ass�st in finding additional training services to enhance the skills of successful job candidat s in order to assist in their career advancement. Due to the proposed, staged construct' on schedule, we will create approximately 200 construction jobs which willextend for a duration of three to four years at this location. Approximately fifteen percent of the construction jobs will be allocated to qualified candidates who successfully complete employment training programs. Sawyer's Walk will also assist buyers of the commercial space in identifying qualified Overtown residents for jobs that will be eventually created by businesses that will be housed in the commercial and live/work spaces at the development. While our initial effort will focus on Overtown residents, we will also targetresidents of City Commission District 5 (Wynwood, Model City, Little River, and Little Haiti) and then the City of Miami. Priority consideration will be given to Overtown residents. Because of the wide array of programs now being funded for actual training, we anticipate utilizing existing programs with expertise in skill training and basic employment skills and working closely with the City of Miami (Miami Works) and the South Florida Workforce in placing applicants for training (we are currently preparing a listing of programs). Sawyer's Walk anticipates neither funding the opera ion of these programs nor establishing a separate facility in Overtown for training due to the existing resources currently available. Space will be provided on site for specialized training if necessary, and Sawyer's Walk will participate with On -the -Job Training (OJT) on site. Throughout the construction phase, our long-term commitment will be establishing and maintaining the linkage between jobs created on site and the residents of Overtown along with other disadvantaged residents of Miami. Utilizing the expert se of South Florida Workforce and the proposed Miami Works Program, we will select ()rograms as delineated in the Settlement Agreement that have curriculum for safety, fundamental skills for untrained workers, additional skills for trained workers, additio al skills for certificates in alternative trades, and management for construction operation{{ . Once our general contractor has been selected and our Development Plan liar received MUSP approval, we will be able to define more accurately our construction employment needs and schedule. Employment and training programs for property man gement will be developed under • the same general parameters and approximately twenty-five percent of the jobs will be allocated to qualified candidates who successfully complete the program which will not be in place until late 2007 (two months prior to the issuance of the first CO). Once we have a better understanding of the needs of our to geted labor pool (skill level), we will be able to more effectively designate or assist in the creation of a program. We have already had discussions with The Collins Center concerning the Submitted I record in co item 2 Priscilla o the public nection 'th on to otp . Thompson City Clerk establishment of a community -based -for -profit entity to handle these se would also encompass a training program. 'vices, which We are in full support of the comprehensive approach to both housing an employment training and strongly believe our requirements should be integrated Into he approach now being studied by the City. Your prompt review of this request would be appreciated in order for SavJyer's Walk to remain in compliance with our Agreement. In addition, Exhibit. R (First ource Hiring Agreement) of the Settlement Agreement needs to be modified to correctly reflect the terminology of Section 17 (Employment Training) of the Agreement. Sincerely yours, ew Schwa rban Develop Crosswinds at t Director ciana, LLC cc: David Rosemond Otto Boudet-Murias Submitted record in c item Priscill to the public nnection w th _on I A. Tho p on City Clerk