HomeMy WebLinkAboutSubmittal Minority Participation RequirementsSUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM Pz(A4 ON /004-0164.
Appendix C
Minority Participation Requirements
1. MINORITY AND WOMEN'S PARTICIPATION AND EQUAL
EMPLOYMENT OPPORTUNITY.
1.1. Minority and Women Participation and Equal
Opportunity.
Sawyer's Walk 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 recruitment,
advertising and hiring of professionals, contractors and
subcontractors residing within the CRA Redevelopment
Area and within the City of Miami;
(iii) Take reasonable definitive action in retaining employees
regardless of race, color, place of birth, religion, national
origin, sex, age, marital status, veterans and disability
status;
(iv) Maintain equitable principles in the recruitment,
advertising, hiring, upgrading, transfer, layoff,
termination, compensation and all other terms, conditions
and privileges of employment;
(v) Monitor and review all personnel practices to guarantee
that equal opportunities are being provided to all
employees regardless of race, color, place of birth, religion,
national origin, sex, age, marital status, veterans and
disability status;
(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 the non-
discrimination clauses of this Section 15.1; and
(vii) In all solicitations and advertisements for employment
placed by or on behalf of Sawyer's Walk, state that all
applicants will receive consideration for employment
without regard to race, creed, color or national origin.
1.2. Participation Requirements.
1.2.1. Construction. Sawyer's Walk agrees to comply
with the following minority and female participation requirements (the
"Minority Participation Requirements") with respect to construction:
28% Black participation
8% Female participation
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City Cleric
15% Hispanic participation
1.2.2. Design. Sawyer's Walk agrees to comply with the
following minority and female participation requirements with respect to
design:
10% Black participation
5% Female participation
10% Hispanic participation
1.2.3. Property Management. Sawyer's Walk agrees to
comply with the following minority and female participation requirements
with respect to property management:
28% Black participation
8% Female participation
15% Hispanic participation
1.2.4. Sales and Marketing. Sawyer's Walk agrees to
comply with the following minority participation requirement with respect to
its sales and marketing staff:
20% Black participation
1.3. Report Requirements. The Restated Poinciana Lease
shall require that Sawyer's Walk provide on an annual basis such
documentation as the Executive Director may reasonable request to evidence
compliance with the Minority Participation Requirements with respect to
each of the categories described in Section 15.2 during the preceding year
(the "Minority Participation Reports") on a phase by phase basis. To the
extent of any disputes between Sawyer's Walk and the Executive 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.
1.4. Penalties for Non -Compliance. To the extent that
Sawyer's Walk fails to comply with the Minority Participation Requirements
on a phase by phase basis in each of the categories described in Section 15.2,
Sawyer's Walk shall pay to the CRA as a penalty Five Thousand and No/100
Dollars ($5,000.00) for each percentage point below the requirements set
forth in Section 15.2.1, 15.2.2, 15.2.3, and 15.2.4 in each respective category
Sawyer's Walk fails to meet the applicable Minority Participation
Requirement (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 Sawyer's Walk's receipt of written statement from
the Executive Director stating the amount of Non -Compliance Funds due. To
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Priscilla A. Thompson
City Clerk
the extent of any dispute between the Executive Director and Sawyer's Walk
with respect to compliance with the Minority Participation Requirements, the
dispute shall be submitted to arbitration for resolution, which resolution
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.
1.5. Impossibility to Perform. Sawyer's Walk acknowledges
that the Minority Participation Requirements are mandatory requirements
and not an obligation to utilize best efforts. In the event that Sawyer's Walk,
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 not
being a sufficient number of minority and female job candidates available to
comply with the Minority Participation Requirements, Sawyer's Walk may
request that the City Manager reduce the applicable Minority Participation
Requirements, in the applicable category, for that respective phase provided
that Sawyer's Walk is able to provide to the City Manager irrefutable
evidence that there was not a sufficient number of minority and/or female job
candidates available to comply with the applicable Minority Participation
Requirements. The decision of the City Manager shall be binding on
Sawyer's Walk and the CRA with respect to the phase in question.
2. FIRST SOURCE HIRING AGREEMENT. Simultaneously with
the execution of the Restated Poinciana Lease, Sawyer's Walk and the CRA
shall execute a First Source Hiring Agreement in the form of Exhibit "R"
attached hereto (the "First Source Hiring Agreement").
3. EMPLOYMENT TRAINING PROGRAM.
3.1. Construction. Sawyer's Walk, in coordination with the
South Florida Work Force or such similar entity involved in job creation and
training, shall participate in an existing program or establish a "Skills
Training and Employment Program" at or near the Project which shall
provide for training of construction personnel for residents in the CRA
Redevelopment Area and in the City. Sawyer's Walk shall submit the
detailed plan for the Skills Training and Employment Program to the
Executive Director for his review and approval within sixty (60) days from
the Effective Date. The Executive Director shall not unreasonably withhold
his consent to the plan for the Skills Training and Employment Program
proposed by Sawyer's Walk provided that the plan contemplates a training
program for advancement of skills for construction personnel at the Project
which shall include, without limitation, a curriculum for safety, fundamental
skills for untrained workers, advanced skills for trained workers, additional
skills for certificates in alternate trades and management of construction
operations. Sawyer's Walk shall be required to comply with the terms and
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provisions of the Skills Training and Employment Program as approved by
the Executive Director.
3.2. Property Management. Sawyer's Walk, in coordination
with the South Florida Work Force or such similar entity involved in job
creation and training, shall participate in an existing program or establish a
"Property Management Training and Employment Program" at or near the
Project which shall provide for training of property management personnel
for residents in the CRA Redevelopment Area and in the City. Sawyer's
Walk shall submit the detailed plan for the Property Management Training
and Employment Program to the Executive Director for his review and
approval within sixty (60) days from the Effective Date. The Executive
Director shall not unreasonably withhold his consent to the plan for the
Property Management Training and Employment Program proposed by
Sawyer's Walk provided that the plan contemplates a program for
participants within the program to advance to more sophisticated positions
within the property management field during the course of completion and
operation of the Project. Sawyer's Walk shall be required to comply with the
terms and provisions of the Property Management Training and Employment
Program as approved by the Executive Director.
3.3. Professionals. Sawyer's Walk shall utilize its best efforts
to employ African American and other minorities to provide professional
services to Sawyer's Walk in connection with the Project, including, without
limitation, lawyers and accountants. Sawyer's Walk shall utilize its best
efforts to cause existing professionals employed by Sawyer's Walk to joint
venture with African Americans and other minorities to expand minority
participation in the Project in connection with the provision of professional
services.
ublic
Submitted connection wi h
iecord in
itemPriscii A. Thompson
City Clerk