HomeMy WebLinkAboutSEOPW CRA 2025-09-11 Agenda PacketCity of Miami
819 NW 2nd Ave
3rd Floor
Miami, FL 33136
www.seopwcra.com
Meeting Agenda
Thursday, September 11, 2025
10:00 AM
City Hall
3500 Pan American Drive
Miami, FL 33133
SEOPW Community Redevelopment Agency
Christine King, Chair, District Five
Miguel Angel Gabela, Board Member, District One
Damian Pardo, Board Member, District Two
Joe Carollo, Board Member, District Three
Ralph "Rafael" Rosado, Board Member, District Four
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SEOPW CRA OFFICE ADDRESS:
819 NW 2ND AVENUE, 3RD FLOOR
MIAMI, FL 33136
Phone: (305) 679-6800
www.seopwcra.com
Southeast Overtown/Park West CRA Meeting Agenda
September 11, 2025
CALL TO ORDER
CRA PUBLIC COMMENTS
MINUTES APPROVAL
1. Tuesday, June 17, 2025
2. Thursday, June 26, 2025
3. Thursday, July 24, 2025
CRA RESOLUTION
CRA RESOLUTION
18125 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), APPROVING AND
ADOPTING THE PROPOSED GENERAL OPERATING AND TAX
INCREMENT FUND ("TIF") BUDGET OF THE SEOPW CRA ("BUDGET"),
ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," IN THE
AMOUNT OF TWO HUNDRED EIGHTY MILLION NINE HUNDRED NINETY-
SEVEN THOUSAND SIX HUNDRED NINETY-TWO DOLLARS AND ZERO
CENTS ($280,997,692.00) ("FUNDS"), FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2025 AND ENDING SEPTEMBER 30, 2026
("FY 2025-2026"); FURTHER APPROVING THE COMPENSATION OF THE
EXECUTIVE DIRECTOR FOR FY 2025-2026; FURTHER DIRECTING THE
EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THE BUDGET TO THE
CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY");
FURTHER REVISING AND RATIFYING THE AMENDMENT TO, AND
IMPLEMENTATION OF, THE SEOPW CRA'S EMPLOYEE HANDBOOK
("HANDBOOK"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT
"B," EFFECTIVE OCTOBER 1ST, 2023; PROVIDING FOR THE
INCORPORATION OF RECITALS AND AN EFFECTIVE DATE.
File # 18125 - Exhibit A
File # 18125 - Exhibit B
City ofMianzi Page 2 Printed on 9/4/2025
Southeast Overtown/Park West CRA Meeting Agenda
September 11, 2025
2. CRA RESOLUTION
18126 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), PURSUANT
TO SECTION 18-72(B)(16) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW
CRA, AUTHORIZING THE EXECUTIVE DIRECTOR TO ENGAGE THE LAW
FIRM OF KOZYAK, TROPIN, AND THROCKMORTON, LLP, A FLORIDA
LIMITED LIABILITY PARTNERSHIP ("KTT"), FOR THE REPRESENTATION
OF THE SEOPW CRA IN ALL MATTERS IN CONNECTION WITH THE
HOUSING SUBSIDY AGREEMENT ("AGREEMENT") BETWEEN AVANTI
RESIDENTIAL — ARTE GRAND CENTRAL TIC I, LLC; AVANTI RESIDENTIAL
— ARTE GRAND CENTRAL TIC II, LLC; AVANTI RESIDENTIAL — ARTE
GRAND CENTRAL TIC III, LLC; AVANTI RESIDENTIAL — ARTE GRAND
CENTRAL TIC IV, LLC; AND AVANTI RESIDENTIAL — ARTE GRAND
CENTRAL TIC V, LLC; EACH A DELAWARE LIMITED LIABILITY COMPANY
(COLLECTIVELY, "AVANTI") AND THE SEOPW CRA ("PURPOSE"),
AUTHORIZING THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS
ASSOCIATED WITH SAID ENGAGEMENT, WITH FUNDS ALLOCATED
FROM ACCOUNT NO. 10050.920101.531010.0000.00000; FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND
EXECUTE AN ENGAGEMENT AGREEMENT BETWEEN THE SEOPW CRA
AND KTT; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS,
SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR
BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, ALL IN FORMS ACCEPTABLE TO COUNSEL, AND IN COMPLIANCE
WITH ALL APPLICABLE LAWS, AS MAY BE NECESSARY FOR THE
PURPOSE STATED HEREIN; PROVIDING FOR THE INCORPORATION OF
RECITALS AND AN EFFECTIVE DATE.
File # 18126 - Backup
City ofMianzi Page 3 Printed on 9/4/2025
Southeast Overtown/Park West CRA Meeting Agenda
September 11, 2025
3. CRA RESOLUTION
18127 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), PURSUANT
TO SECTION 18-72(B)(16) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW
CRA, AUTHORIZING THE EXECUTIVE DIRECTOR TO ENGAGE THE LAW
FIRM HOLLAND & KNIGHT, LLP, A FLORIDA LIMITED LIABILITY
PARTNERSHIP ("H&K"), FOR THE REPRESENTATION OF THE SEOPW
CRA IN COMPLEX REAL ESTATE MATTERS (`PURPOSE"), AUTHORIZING
THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS ASSOCIATED
WITH SAID ENGAGEMENT, WITH FUNDS ALLOCATED FROM ACCOUNT
NO. 10050.920101.531010.0000.00000; FURTHER AUTHORIZING THE
EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN
ENGAGEMENT AGREEMENT BETWEEN THE SEOPW CRA AND H&K;
FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE,
INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY
ACT, AND FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, ALL IN FORMS ACCEPTABLE TO
COUNSEL, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, AS MAY
BE NECESSARY FOR THE PURPOSE STATED HEREIN; PROVIDING FOR
THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE.
File # 18127 - Backup
ADJOURNMENT
City ofMianzi Page 4 Printed on 9/4/2025
4.1
SEOPW Board of Commissioners Meeting
September 11, 2025
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Christine King Date: September 4, 2025
and Members of the CRA
Board File: 18125
From: James McQueen
Executive Director
Subject: Approve and Adopt SEOPW CRA
General Operating and Tax
Increment Fund Budget, FY 2025-
26; Employee Ha
Enclosures: File # 18125 - Exhibit A
File # 18125 - Exhibit B
BACKGROUND:
A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency ("SEOPW CRA"), with attachment(s), approving and adopting the proposed
General Operating and Tax Increment Fund ("TIF") Budget of the SEOPW CRA ("Budget"), attached
and incorporated herein as Exhibit "A," in the amount of Two Hundred Eighty Million Nine Hundred
Ninety -Seven Thousand Six Hundred Ninety -Two Dollars and Zero Cents ($280,997,692.00) ("Funds"),
for the fiscal year commencing October 1, 2025 and ending September 30, 2026 ("FY 2025-2026"),
further approving the compensation of the Executive Director for FY 2025-2026, further directing the
Executive Director to transmit a copy of the Budget to the City of Miami ("City") and Miami -Dade
County ("County"), further revising and ratifying the amendment to, and implementation of, the SEOPW
CRA's Employee Handbook ("Handbook"), in substantially the form attached as Exhibit `B," effective
October 1 sr, 2023.
As a note, One Million Six Hundred Sixty -One Thousand Nine Hundred Ten Dollars and Zero Cents
($161,910,000.00) of the proposed Budget includes the proceeds from the Series 2025A Bond Issuance
and the related Bond Purchase Agreement executed on August 18, 2025.
It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached
Resolution, approving and adopting the proposed Budget, further approving the compensation of the
Executive Director for FY 2025-2026, further revising and ratifying the amendment to, and
implementation of, the Handbook (See Exhibit "B"), effective October 1st, 2023.
JUSTIFICATION:
Pursuant to Section 163.387, Florida Statutes, and the Interlocal Agreement(s), the SEOPW CRA is
bound to annually prepare and transmit a proposed budget to the City and County.
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4.1
Lastly, Section 163.356, Florida Statutes, permits the SEOPW CRA to directly employ staff for its
operations.'
BUDGET SUMMARY
2026's SEOPW CRA Budget amounts to $280,997,692.00. The Budget includes the following revenue
sources:
• $22,188,418.00 — County TIF
• $34,618,589.00 — City TIF
• $4,027,358.00 — Non-TIF Revenue fund
• $2,252,986.00 — Children's Trust Contribution
• $173,265,830.00 — Bond Series 2025A Proceeds
• $44,644,511.00 — 2025's carryover fund balance
Administrative expenses total $6,709,741.00, including employee salaries, fringes, and other related
operating expenses, and which represents eleven and eighty-one hundredths percent (11.81%) of total
budgeted expenditures, satisfying the twenty percent (20%) cap for administrative costs allowed by the
Interlocal Agreement(s), and Section 163.387, Florida Statutes. This allocation of funds contemplates a
two percent (2%) salary increase in the Executive Director's compensation, effective October 1st, 2025.
Operating expenses total $95,769,235.00 and include:
$65,349,255.00 for Grants and Aid, including:
• Miami Worldcenter and Avanti economic incentive payments ($6,816,055.00).
• Housing Subsidy Agreements ($8,155,370.00).
• A reserve for Eligible Activities under Chapter 163 ($11,823,588.75).
• Proceeds of Bond Series 2025A for reimbursement of ($17,528,049.25) contributed by the
SEOPW CRA in FY 2025 for the construction of the Tri-Rail Extension. Said funds will be
allocated towards affordable housing/infrastructure projects.
• Other grants and projects such as affordable/workforce housing, arts, culture, infrastructure, job
creation and quality of life ($21,026,192.00).
$7,803,168.00 for Interfund Transfer, including:
• Refund to the County for the Global Agreement ($4,700,000.00).
• Grant to City for Construction of Gibson Park debt service ($850,182.00).
On March 31st, 2014, pursuant to Resolution No. CRA-R-14-0023, the Handbook was last authorized by the Board
of Commissioners of the SEOPW CRA.
Page 2 of 7
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4.1
• Disbursement to the Children's Trust ($2,252,986.00).
$14,207,725.00 for Debt Service payment/reserves
$2,500,000.00 for Purchase of Land/Infrastructure
$5,704,354.00 for Professional and Contractual Services
$204,733.00 for Construction in Progress
Reserve for designated purposes total $178,318,716.00 and include:
$132,471,951.00 — Reserve for capital projects to be financed with the Bond Series 2025A issuance.
$21,067,756.00 — Reserve for refinancing of Bond Series 2014.
$2,198,074.00 — Closing cost of the Bond Series 2025A issuance.
$14,053,577.00 — Reserve for the development of affordable housing projects at 60% AMI.
$4,027,358.00 — Reserve for projects funded with the Non-TIF Revenue Source ($739K has not yet been
designated). This reserve is meant to underwrite redevelopment expenditures that are not eligible under
Section 163.387(6(c)) and (7).
$2,000,000.00 — For maintenance (Operating Expenses) of the Agency's owned/rental properties (79
properties).
$2,500,000.00 — For policing initiatives within the SEOPW CRA's boundaries.
$200,000.00 for Budget Reserve
The Budget was prepared by taking into consideration the following eligible activities below, as specified
under Section 163.387(6(c)) and (7), Florida Statutes, respectively.
s. 163.387, Florida Statutes:
6(c) The annual budget of a community redevelopment agency may provide for payment of the following
expenses:
1. Administrative and overhead expenses directly or indirectly necessary to implement a
community redevelopment plan adopted by the agency.
2. Expenses of redevelopment planning, surveys, and financial analysis, including the
reimbursement of the governing body or the community redevelopment agency for such expenses
incurred before the redevelopment plan was approved and adopted.
3. The acquisition of real property in the redevelopment area.
4. The clearance and preparation of any redevelopment area for redevelopment and relocation
of site occupants within or outside the community redevelopment area as provided in s.163.370.
5. The repayment of principal and interest or any redemption premium for loans, advances,
bonds, bond anticipation notes, and any other form of indebtedness.
6. All expenses incidental to or connected with the issuance, sale, redemption, retirement, or
purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of
any reserve, redemption, or other fund or account provided for in the ordinance or resolution
authorizing such bonds, notes, or other form of indebtedness.
Page 3 of 7
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4.1
7. The development of affordable housing within the community redevelopment area.
8. The development of community policing innovations.
9. Expenses that are necessary to exercise the powers granted under s. 163.370, as delegated
under s. 163.358.
(7) On the last day of the fiscal year of the community redevelopment agency, any money which
remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be:
(a) Returned to each taxing authority which paid the increment in proportion that the amount of
payment of such taxing authority bears to the total amount paid into the trust fund by all taxing
authorities for that year.
(b) Used to reduce the amount of any indebtedness to which increment revenues are pledged.
(c) Deposited into an escrow account for the purpose of later reducing any indebtedness to
which increment revenues are pledged; or
(d) Appropriated to a specific redevelopment project pursuant to an approved community
redevelopment plan. The funds appropriated for such project may not be changed unless the
project is amended, redesigned, or delayed, in which case the funds must be reappropriated
pursuant to the next annual budget adopted by the board of commissioners of the community
redevelopment agency.
Any redevelopment project apart from the activities mentioned above will be funded from non -tax
funding (non-TIF) sources.
Page 4 of 7
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4.1
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: September 11, 2025
CRA Section:
Approved by:
Executive Director 9/4/2025
Approval:
Miguel A Valcntlrk, Finance Officer 9/4/2025
Page 5 of 7
Packet Pg. 9
4.1
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 18125 Final Action Date:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW
CRA"), WITH ATTACHMENT(S), APPROVING AND ADOPTING THE PROPOSED
GENERAL OPERATING AND TAX INCREMENT FUND ("TIF") BUDGET OF THE
SEOPW CRA ("BUDGET"), ATTACHED AND INCORPORATED HEREIN AS EXHIBIT
"A," IN THE AMOUNT OF TWO HUNDRED EIGHTY MILLION NINE HUNDRED
NINETY-SEVEN THOUSAND SIX HUNDRED NINETY-TWO DOLLARS AND ZERO
CENTS ($280,997,692.00) ("FUNDS"), FOR THE FISCAL YEAR COMMENCING
OCTOBER 1, 2025 AND ENDING SEPTEMBER 30, 2026 ("FY 2025-2026");
FURTHER APPROVING THE COMPENSATION OF THE EXECUTIVE DIRECTOR
FOR FY 2025-2026; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO
TRANSMIT A COPY OF THE BUDGET TO THE CITY OF MIAMI ("CITY") AND MIAMI-
DADE COUNTY ("COUNTY"); FURTHER REVISING AND RATIFYING THE
AMENDMENT TO, AND IMPLEMENTATION OF, THE SEOPW CRA'S EMPLOYEE
HANDBOOK ("HANDBOOK"), IN SUBSTANTIALLY THE FORM ATTACHED AS
EXHIBIT "B," EFFECTIVE OCTOBER 1ST, 2023; PROVIDING FOR THE
INCORPORATION OF RECITALS AND AN EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment
Plan ("Plan"); and
WHEREAS, as a prerequisite to carrying out redevelopment activities for the fiscal year
commencing October 1, 2025 and ending September 30, 2026 ("FY 2025-2026"), it is required that the
Board of Commissioners of the SEOPW CRA ("Board") approve and adopt the SEOPW CRA's annual
General Operating and Tax Increment Fund Budget ("Budget"), attached and incorporated herein as
Exhibit "A"; and
WHEREAS, pursuant to the Interlocal Agreement(s), a copy of the SEOPW CRA's annual
Budget is required to be transmitted to the City of Miami ("City") and Miami -Dade County ("County");
and
WHEREAS, all the expenses included in the SEOPW CRA's annual Budget are in accordance
with local and state law(s), Interlocal Agreement(s), and the Plan; and
WHEREAS, the Board wishes to approve and adopt the SEOPW CRA's annual Budget for FY
2025-2026, as set forth in Exhibit "A," in the amount of Two Hundred Eighty Million Nine Hundred
Ninety -Seven Thousand Six Hundred Ninety -Two Dollars and Zero Cents ($280,997,692.00); and
Page 6 of 7
Packet Pg. 10
4.1
WHEREAS, the Board further wishes to revise and ratify the amendment to, and implementation
of, the SEOPW CRA's Employee Handbook ("Handbook"), in substantially the form attached as Exhibit
"B," effective October 1st, 2023; and
WHEREAS, the Board finds that authorizing this Resolution would further the SEOPW CRA's
redevelopment goals and objectives;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The SEOPW CRA's annual Budget for FY 2025-2026, in the amount of Two
Hundred Eighty Million Nine Hundred Ninety -Seven Thousand Six Hundred Ninety -Two Dollars and
Zero Cents ($280,997,692.00), as set forth in Exhibit "A," is hereby approved and adopted.
Section 3. The Board hereby further approves the compensation of the Executive Director
for FY 2025-2026.
Section 4. The Executive Director is hereby directed to transmit a copy of the Budget to the
City and County, including any and all necessary documents, all in forms acceptable to Counsel.
Section 5. The Board hereby amends and ratifies the implementation of the SEOPW CRA's
Handbook, in substantially the form attached as Exhibit `B," effective October 1s`, 2023.
Section 6. Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the Executive Director, or the
Executive Director's designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the City Mayor.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
yetfigle-TNialsowarergfrounsel 9/4/2025
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Packet Pg. 11
EXHIBIT "A"
4.1.a
SEOPW GENERAL OPERATING TAX INCREMENT FUND BUDGET
FY 2026
PROPOSED
BUDGET
FY 2025
APPROVED
BUDGET
BUDGET
VARIANCE
REVENUES
CITY OF MIAMI - TAX INCREMENT (ORIGINAL BOUNDARIES)
$30,404,900
$26,900,684
$3,504,216
MIAMI DADE COUNTY - TAX INCREMENT (ORIGINAL BOUNDARIES)
$19,487,698
$17,261,802
$2,225,896
CITY OF MIAMI - TAX INCREMENT (EXPANDED BOUNDARIES)
$1,849,203
$1,720,577
$128,626
MIAMI DADE COUNTY - TAX INCREMENT (EXPANDED BOUNDARIES)
$1,185,227
$1,108,226
$77,001
CITY OF MIAMI - TAX INCREMENT (PARK WEST ADDITION)
$2,364,486
$2,072,829
$291,657
MIAMI DADE COUNTY - TAX INCREMENT (PARK WEST ADDITION)
$1,515,492
$1,339,640
$175,852
Total 2020 TIF Revenue 1$56,807,007
BOND PROCEEDS -SERIES 2025 (Par Amount $161,910,000.00and Promlun$10,841,955.26
$173,265,830
$0
$173,265,830
2026 ESTIMATED CONTRIBUTION FROM THE CHILDREN TRUST FUND
$2,252,986
$2,017,387
$235,599
2025 ESTIMATED NON TIF FUND BALANCE
$4,027,358
$4,833,515
($806,157)
2025 ESTIMATED FUND BALANCE
$44,644,511
$43,211,618
$1,432,893
TOTAL REVENUE'
$280,997,692
$100,466t278
$180,531,414
REDEVELOPMENT EXPENDITURES
PROFESSIONAL SERVICES - LEGAL
$600,000
$200,000
$400,000
ACCOUNTING AND AUDIT I
$45,000
$45,000
$0
PROFESSIONAL SERVICES - OTHER
$3,359,354
$768,709
$2,590,645
OTHER CONTRACTUAL SERVICES
$1,700,000
$1,500,000
$200,000
DEBT SERVICE PAYMENT
$14,207,725
$4,502,500
$9,705,225
INTERFUND TRANSFER
$7,803,168
$15,967,569
($8,164,401)
LAND I I
$2,500,000
$2,000,000
$500,000
CONSTRUCTION IN PROGRESS
$204,733
$1,641,657
($1,436,924)
OTHER GRANTS AND AIDS
$65,349,255
$63,943,606
$1,405,649
TOTAL REDEVELOPMENT EXPENDITURES
$95,769,235
$90,569,041
$5,200,194
REGULAR SALARIES (19 staff members)
$2,448,448
$2,333,188
$115,260
FICA TAXES j I
$187,306
$178,489
$8,817
LIFE AND HEALTH INSURANCE
$366,575
$270,921
$95,654
RETIREMENT CONTRIBUTION
$428,684
$428,684
$0
FRINGE BENEFITS
$55,700
$55,700
$0
OTHER CONTRACTUAL SERVICE
$625,500
$500,000
$125,500
TRAVEL AND PER DIEM
$65,000
$65,000
$0
UTILITY SERVICE
$148,000
$70,000
$78,000
INSURANCE
$710,625
$310,625
$400,000
OTHER CURRENT CHARGE
$215,000
$180,000
$35,000
SUPPLIES I
$20,000
$20,000
$0
OPERATING SUPPLIES
$10,000
$10,000
$0
SUBSCRIPTION MEMBERSHIP/TRAINING
$15,000
$15,000
$0
MACHINERY AND EQUIPMENT
$7,500
$3,000
$4,500
ADVERTISING I
$60,000
$60,000
$0
RENTAL AND LEASES
$1,257,403
$647,000
$610,403
POSTAGE I
$2,000
$2,000
$0
REPAIR/MAINTENANCE - OUTSIDE
$2,000
$2,000
$0
INTERFUND TRANSFER
$85,000
$65,000
$20,000
TOTAL ADMINISTRATIVE EXPENDITURES
$6,709,741
$5,216,607
$1,493,134
Reserve for Capital Projects ($150M)/Refinancing ($21M) /Bond Issuance
Closing Cost ($2.2M) of the Debt Series 2014 to be financed with the Bond
Issuance Series 2025
$155,737,781
$0
$155,737,781
Reserve for the Development of Affordable Housing at 60% AMI
$14,053,577
$0
$14,053,577
Reserve for Projects funded with the Non TIF Revenue Source(8139K has not yet
been designated)
$4,027,358
$0
$4,027,358
Reserve for Maintenance (Operating Expenses) of the Agency's Owned Rental
Properties plus Interior Buildout (Block 45).
$2,000,000
$0
$2,000,000
Reserve for Policing Initiatives within the SEOPW CRA's Boundaries.
$2,500,000
$0
$2,500,000
TOTAL RESERVE FOR SPECIFIC PURPOSES
$178,31.8,716
$0
$178,318,71.6
Carryover Fund Balance (Surplus)
$0
$4,680,631
($4,680,631)
FY 2026 BUDGET RESERVE
$200,000
$0
$200,000
TOTAL REVENUE SHORTFALL RESERVE
$200,000
$4,680,631
($4,480,631)
TOTAL FUND BALANCE I
$280,997,692
$100,466,278
$180,531,413
$0
2026 TIF Revenue
2026 Administrative Expenditures
% Administrative Exp / 2026 TIF Revenue
2026 Budget Reserve
$56,807,007
$6,709,741
11.81%
$200,000
Total 2026 Budget $280,997,692
% 2026 Budget Reserve / Total 2026 Budget 0.07%
Attachment: File # 18125 - Exhibit A (18125 : Approve and Adopt SEOPW CRA General Operating and Tax Increment Fund Budget, FY 2025-26;
Packet Pg. 12
EXHIBIT "B"
4.1.b
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
Revised: 2025
Created: 2004
EMPLOYEE HANDBOOK
1
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EXHIBIT "B"
4.1.b
Table of Contents
FOREWORD
A. INTRODUCTION 7
1. Composition and Work Environment 7
2. Equal Employment Opportunity Policy Statement 7
3. Non -Discrimination and Anti -Harassment Policy 7
a. Definitions of Harassment 8
i. Sexual Harassment 8
ii. Harassment on the Basis of Other Protected 8
Characteristics
iii. Bullying 9
b. Individuals and Conduct Covered 9
c. Complaint Procedure 9
i. Reporting 9
ii. Investigation 10
iii. Responsive Action 10
d. Retaliation Is Prohibited 10
e. Miscellaneous 11
4. Americans with Disabilities Act Policy Statement 11
a. Procedure for Requesting on Accommodation 11
b. Miscellaneous 11
5. Pregnant Workers Fairness Act 11
6. Conflict of Interest and Outside Employment Statement 12
a. General 12
b. Outside Employment 12
c. Acceptance of Gifts 13
d. Prohibition on Political Activities During Work Hours 13
e. Work Product Ownership 13
f. Reporting Potential Conflicts 13
7. Public Records Requests 14
a. Generally 14
b. Fees 14
B. EMPLOYMENT 14
1. Initial Employment Period 14
2. Employee Categories 15
a. Full -Time 15
b. Part -Time 15
c. Temporary Employees 15
3. Transfers and Promotions 15
C. COMPENSATION 16
1. Performance Management and Compensation Programs 16
2. Executive and Interim Executive Director's Basic Compensation. 17
3. Compensation Schedule 17
4. Time Records 17
a. Generally 17
b. Breaks 18
c. Violations of Policy 18
5. Overtime Pay 19
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EXHIBIT "B"
4.1.b
a. Generally 19
b. Compensatory Time 19
c. Flexible Time 19
d. Violations of Policy 20
6. Personnel Records 20
7. Immigration Law Compliance 20
8. Deductions from Pay of Exempt Employees 20
a. Permissible Deductions 21
i. Absences for Personal Reasons 21
ii. Absences for Illness, Disability or FMLA 21
iii. Jury Fees, Witness Fees, and Military Pay 21
iv. Suspensions 21
v. Absence during Initial or Terminal Weeks 21
b. Complaint Procedure 22
c. Anti -Retaliation 22
D. TIME OFF 22
1. Personal Time Off 22
a. Regular Employees 22
b. Requesting Use of Personal Time Off Time 22
c. Rollover of Personal Time Off 23
d. Payout of Personal Time Off 23
2. Absence Due to Illness 24
3. Holidays 24
4. Bereavement Leave 25
5. Jury Duty 26
6. Military Leave 27
a. Leave without Loss of Pay for Florida National Guard 27
b. Uniformed Services Employment and Reemployment
Act (USERRA) 27
i. Continuation of Health Benefits 27
ii. Requests for USERRA Leave 27
iii. Return from Military Leave 28
7. Leave Under The Family And Medical Leave Act (FMLA) 29
a. Employee Eligibility Criteria 29
b. Events Which May Entitle an Employee to FMLA Leave 29
c. Other FMLA Leave — Military Caregiver Leave 29
d. How Much FMLA Leave May be Taken 30
e. Requests for FMLA Leave 31
f. Designation of the Leave 31
g. Required Documentation for FMLA Leave 32
h. Use of Paid and Unpaid Leave 33
i. Maintenance of Health Benefits 33
j. Return from FMLA Leave 33
k. Limitations on Reinstatement 33
1. Failure to Return to Work Following FMLA Leave 33
8. Maternity/Paid Parental Leave 33
9. Leave of Absence Without Pay 36
a. Generally 36
b. Continuing Benefit Plan Coverage 36
c. Salary Action 36
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EXHIBIT "B"
4.1.b
d. Personal Time Off and Sick Time 36
e. Performance Appraisal 36
f. Returning/Not Returning from a Leave 36
10. Domestic Violence Leave Policy 37
E. EMPLOYEE BENEFITS 38
1. Disclaimer 38
2. Health and Dental Insurance 39
3. 401 Plan/457 Plan 39
4. Workers' Compensation Benefits 39
5. Tuition Reimbursement 40
F. ON-THE-JOB 40
1. Attendance, Punctuality and Dependability 40
2. Remote Work Policy 40
3. Drug and Alcohol Abuse 42
4. Appearance and Conduct 42
5. Anti -Nepotism Policy 43
6. Non -Fraternization Policy 43
7. Violence in the Workplace 46
8. Accidents and Emergencies 46
9. Open Door Policy 46
10. Use of Bulletin Boards 47
11. Computer and Telephone Systems Policy 47
a. No Expectation of Privacy 47
b. Professional Use of Computer and Telephone Systems 48
Required
c. Limitations on Internet Use 48
d. Social Media/Blogging/Social Networking 49
e. Maintain and Securing the Systems 50
f. Violations of Policy 50
12. Social Media Policy 50
a. Guidelines 50
b. Know and Follow the Rules 50
c. Be Respectful 51
d. Be Honest and Accurate 51
e. Exercise Care in Posting 51
f. Using Social Media at Work 52
g. Retaliation is Prohibited 52
h. Scope of this Policy 52
13. Use of Company Vehicles, Equipment and Computer Systems 52
a. Use of Computer System 52
b. Use of Vehicles, Equipment and Maintenance 52
c. Telephone Use 58
14. Internal Investigations and Searches 58
15. Reference Checks 59
16. Smoking Policy 59
17. Tape Recording Policy 59
18. Travel Reimbursement 59
G. DISCIPLINARY POLICY 60
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EXHIBIT "B"
4.1.b
1. Generally 60
2. Types of Discipline 62
a. Verbal Warnings 63
b. Written Warnings 63
b. Suspensions without Pay 63
c. Terminations 63
H. LEAVING THE SEOPW CRA 63
1. Resignation 63
2. Termination 64
3. Post Resignation/Termination Procedures 64
a. Exit Interview 64
b. Benefits 64
c. Final Paycheck 64
APPENDICES
A. Acknowledgement of Receipt for Employee Handbook 65
B. Acknowledgement of Non -Discrimination & Anti -Harassment 66
Policy and Complaint Procedure
C. Acknowledgement of Work Hours and Location Assignment 67
D. Authorization for Payroll Deductions 68
E. Acknowledge of Computer and Telephone Systems Policy 69
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EXHIBIT "B"
4.1.b
FOREWORD
The Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a public
agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community
redevelopment activities and projects throughout the Southeast Overtown/Park West Redevelopment Area
in accordance with the SEOPW CRA's Redevelopment Plan ("Plan").
Whether you have just joined our staff or have been at the SEOPW CRA for a while, we are confident that
you will find the SEOPW CRA a dynamic and rewarding place to work and we look forward to a productive
and successful association. We consider the employees of the SEOPW CRA to be one of its most valuable
resources. This manual has been written to serve as a guide for the employer/employee relationship.
Several things are important to keep in mind about this handbook. First, it contains only general information
and guidelines. It is not intended to be comprehensive or address all the possible applications of or
exceptions to the general policies and procedures described. For that reason, if you have any questions
concerning eligibility for a particular benefit or the applicability of a policy or practice to you, you should
address your questions to the Executive Director or designee. Neither this handbook nor any other
SEOPW CRA document confers any contractual right, express or implied, to remain in the SEOPW
CRA's employ. Nor does it guarantee any fixed terms and conditions of your employment. Your
employment is not for any specific time and may be terminated at will, with or without cause and
without prior notice, by the SEOPW CRA or by you at any time. No supervisor or other representative
of the SEOPW CRA (except the Executive Director) has the authority to enter into any agreement for
employment for any specified period, or to make any agreement contrary to the above.
Second, the procedures, practices, policies, and benefits described here may be modified or discontinued,
at any time by the Executive Director. We will inform you of any changes that occur. Moreover, the
SEOPW CRA reserves the right to issue policies and procedures on specific topics separate from this
handbook.
A. INTRODUCTION
1. COMPOSITION AND WORK ENVIRONMENT
The SEOPW CRA's Board of Commissioners ("Board") serves as the governing body for the SEOPW
CRA and appoints the Executive Director, as interim or acting, until a permanent appointment is made, to
manage the SEOPW CRA's operations. The Executive Director is empowered to: (1) assign and utilize
SEOPW CRA resources in furtherance of the SEOPW CRA's goals and objectives; (2) hire, promote,
assign, transfer, discipline, and terminate staff; (3) implement the Board's policies and initiatives into
action; and (4) organize and delegate authority and responsibilities in furtherance of the SEOPW CRA's
goals and objectives.
The staff of the SEOPW CRA shall consist of full-time and/or part-time positions, as determined by the
Executive Director. Every employee is expected to be familiar with this handbook, the SEOPW CRA's
Plan and other studies and/or reports of the SEOPW CRA, as deemed necessary by the Executive Director.
The SEOPW CRA believes that the work conditions, wages, and benefits it offers to its employees are
highly competitive with those offered by other similar employers. If employees have any concerns about
work conditions or compensation, they may voice these concerns directly to their supervisors or the
Executive Director.
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EXHIBIT "B"
4.1.b
Our experience has shown that when employees deal directly with supervisors, the work environment is
excellent, communications are clear, and attitudes are positive. The organization is committed to
responding as effectively as possible to all employee concerns.
Please note that this policy is not in place of the complaint procedures contained in the Non -Discrimination
and Anti -Harassment Policy. Please see the Non -Discrimination and Anti -Harassment Policy for further
details.
2. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
This organization is an equal opportunity employer and will not discriminate against any employee or
applicant for employment based on race, color, gender/sex, pregnancy, religion, national origin, ancestry,
ethnicity, age, marital status, disability, sexual orientation, genetic information, or any other characteristic
protected by federal, state, or local law(s). The SEOPW CRA will provide reasonable accommodation(s)
to a qualified individual with a disability.
This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment
and hiring, compensation, benefits, termination and all other terms and conditions of employment. The
Finance Department is responsible for administering this policy and maintaining reporting and monitoring
procedures. Employees' questions or concerns should be referred to the Finance Department. Appropriate
disciplinary action may be taken against any employee who willfully violates this policy, up to and
including termination.
3. NON-DISCRIMINATION & ANTI -HARASSMENT POLICY; COMPLAINT
PROCEDURE
The SEOPW CRA is committed to a work environment where all individuals are treated with respect and
dignity. Every employee has the right to work in a professional atmosphere that promotes equal
employment opportunities and prohibits discriminatory practices, including bullying or harassment.
Therefore, the SEOPW CRA expects all relationships among persons in the workplace will be business-
like and free of bias, prejudice, and harassment.
This policy applies to all employees and to non -employees who bully or harass others on company time or
property. A confirmed complaint of harassment will result in disciplinary action, up to and including
termination. Additionally, this policy will be distributed to all current employees and posted in a prominent
location in the workplace. The policy will also be distributed to new employees during orientation.
The SEOPW CRA will promptly investigate complaints of bullying, harassment, or retaliation. Such
investigations will be fair and impartial. All SEOPW CRA employees must cooperate with investigations
of workplace bullying, harassment, or retaliation.
a. Definitions of Harassment
i. Sexual Harassment.
Sexual harassment constitutes a form of discrimination and is illegal under federal, state and local laws.
For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when for example: (i) submission to
such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii)
submission to or rejection of such conduct by an individual is used as the basis for employment decisions
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EXHIBIT "B"
4.1.b
affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with
an individual's work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment may include a range of subtle and not -so -subtle behaviors and may involve individuals
of the same or different gender. Depending on the circumstances, these behaviors may include but are not
limited to unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse
of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering,
catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of
sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual
conduct of a sexual nature. Sex -based harassment — harassment not involving sexual activity or language
(e.g., male manager yells only at female employees and not males) — may also constitute discrimination if
it is severe or pervasive and directed at employees because of their sex.
ii. Harassment based on Other Protected Characteristic.
Harassment based on any other protected characteristic is also strictly prohibited. Under this policy,
harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual
because of their race, color, gender/sex, pregnancy, religion, national origin, ancestry, ethnicity, age, marital
status, disability, sexual orientation, genetic information or any other characteristic protected by federal,
state or local law(s) or that of their relatives, friends or associates, and that: (i) has the purpose or effect of
creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of
unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an
individual's employment opportunities.
Harassing conduct includes, but is not limited to epithets, slurs, or negative stereotyping; threatening,
intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or
graphic material that denigrates or shows hostility or aversion toward an individual or group (including
through e-mail).
This policy should not, and may not, be used as a basis for excluding or separating individuals of a particular
gender, or any other protected characteristic, from participating in business or work -related social activities
or discussions to avoid allegations of harassment. The law and the policies of the SEOPW CRA prohibit
disparate treatment based on sex or any other protected characteristic with regard to terms, conditions,
privileges and perquisites of employment. The prohibitions against harassment, discrimination and
retaliation are intended to complement and further these policies, not to form the basis of an exception to
them.
iii. Bullying.
The SEOPW CRA is committed to maintaining an environment free from bullying, which can be workplace
discrimination. All employees have a right to work in an environment free from bullying. The SEOPW
CRA requires that all employees refrain from engaging in or exhibiting bullying behavior to anyone,
including coworkers, members of the public, vendors, or clients.
Bullying includes verbal or physical conduct that seeks to harm, intimidate, or coerce another person.
Bullying is not necessarily based on a person's membership in a protected category like race, sex, age,
disability, or other legally protected characteristics.
Bullying may be intentional or unintentional. However, it must be noted that when an allegation of bullying
is made, the intention of the alleged bully is irrelevant, and will not be given consideration when deciding
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EXHIBIT "B"
4.1.b
on the appropriate disciplinary action to be taken. As with sexual harassment, it is the effect of the behavior
on the individual that is important.
The SEOPW CRA considers the following types of behavior as some examples of bullying:
• Verbal bullying: Slandering, ridiculing, or maligning a person or their family; persistent name
calling that is hurtful, insulting or humiliating; using a person as butt of j okes; abusive and offensive
remarks.
• Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of physical
assault, damage to a person's work area or property.
• Gesture bullying: Nonverbal threatening gestures; glances that can convey threatening messages.
• Exclusion: Socially or physically excluding or disregarding a person in work -related activities.
b. Individuals and Conduct Covered
These policies apply to all applicants and employees, and prohibit harassment, discrimination and
retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly
connected to the SEOPW CRA (e.g., an outside vendor, consultant, or customer).
Conduct prohibited by these policies is unacceptable in the workplace and in any work -related setting
outside the workplace, such as during business trips, business meetings and business -related social events.
c. Complaint Procedure
i. Reporting.
The SEOPW CRA requires reporting all incidents of discrimination, bullying, harassment, or retaliation,
regardless of the alleged offender's identity or position. Individuals who believe they have experienced
conduct that they believe is contrary to the SEOPW CRA's policy or who have concerns about such matters
must file their complaints with their immediate supervisor, Human Resources, or the Executive Director
before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their
complaints with their immediate supervisor first before bringing the matter to the attention of one of the
other SEOPW CRA designated representatives identified above.
Early reporting and intervention have been the most effective method of resolving actual or perceived
harassment. Therefore, while no fixed reporting period has been established, the SEOPW CRA requires
the prompt reporting of complaints or concerns so that rapid and corrective action can be taken, if necessary.
The SEOPW CRA will make every effort to stop alleged harassment before it becomes severe or pervasive
but can only do so with the cooperation of its staff/employees.
The availability of this complaint procedure does not preclude individuals who believe they are being
subjected to harassing conduct from promptly advising the offender that their behavior is unwelcome and
requesting that it be discontinued.
ii. The Investigation.
Any reported allegations of harassment, discrimination or retaliation will be investigated promptly,
thoroughly and impartially. The investigation may include individual interviews with the parties involved
and, where necessary, with individuals who may have observed the alleged conduct or may have another
relevant knowledge.
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EXHIBIT "B"
4.1.b
Malicious or intentionally false allegations of discrimination, bullying or harassment may subject the
individual engaging in the malicious or intentionally false allegations to disciplinary action, up to and
including termination.
The SEOPW CRA will make every attempt to maintain confidentiality throughout the investigatory process
to the extent consistent with conducting a thorough investigation and determining the appropriate corrective
action to be taken. The Executive Director shall forward any complaints to an independent third party to
conduct the investigation and issue recommendations.
iii. Responsive Action.
Misconduct constituting harassment, discrimination, or retaliation will be addressed promptly and
appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of
the offender, and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay
increase, reduction of wages, demotion, reassignment, temporary suspension without payment, or
termination. The responsive action will be as the SEOPW CRA believes is appropriate under the
circumstances.
d. Retaliation is Prohibited
The SEOPW CRA prohibits retaliation against anyone who makes a good faith report of discrimination,
bullying, harassment, or participates in investigating such reports. Retaliation against an individual for
reporting harassment or discrimination or for participating in an investigation of a claim of harassment or
discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be
subject to disciplinary action, up to and including termination. Retaliation includes but is not limited to
employee discipline, discharge, further acts of discrimination, or other adverse actions when those acts are
intended to punish an employee for reporting harassment, opposing discrimination, or filing or assisting
with a complaint to local, state, or federal antidiscrimination agencies.
e. Miscellaneous
Individuals with questions or concerns about this policy should speak with the Executive Director or
designee.
4. AMERICANS WITH DISABILITIES ACT POLICY STATEMENT
The SEOPW CRA is committed to complying with all applicable provisions of the Americans with
Disabilities Act ("ADA"). It is the SEOPW CRA's policy not to discriminate against any qualified
employee or applicant with regard to any terms or conditions of employment because of such individual's
disability or perceived disability so long as the employee can perform the job's essential functions.
Consistent with this policy of nondiscrimination, the SEOPW CRA will provide reasonable
accommodations to a qualified individual with a disability, as defined by the ADA, who has made the
SEOPW CRA aware of their disability, provided that such accommodation does not constitute an undue
hardship on the SEOPW CRA or pose a direct threat to the individual or others.
Employees with a disability who believe they need reasonable accommodation to perform the essential
functions of their job should contact the Executive Director or designee. The SEOPW CRA encourages
individuals with disabilities to come forward and request reasonable accommodation.
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EXHIBIT "B"
4.1.b
a. Procedure for Requesting an Accommodation
On receipt of an accommodation request, your supervisor and/or the Executive Director or designee will
meet with you to discuss and identify the precise limitations resulting from the disability and the potential
accommodation that the SEOPW CRA might make to help overcome those limitations. This is an
interactive process between the SEOPW CRA and the employee and may require the review of certain
medical records concerning the employee's disability and request for accommodation.
The SEOPW CRA will determine the feasibility of the requested accommodation by considering various
factors, including, but not limited to, the nature and cost of the accommodation, the SEOPW CRA's overall
financial resources and organization, and the accommodation's impact on the operation of the SEOPW
CRA, including its impact on the ability of other employees to perform their duties and on the SEOPW
CRA's ability to conduct business.
The SEOPW CRA will inform the employee of its decision on the accommodation request, which said
decision shall be final. The ADA does not require the SEOPW CRA to provide the best possible
accommodation, to reallocate essential job functions, or to provide personal use items (i.e., eyeglasses,
hearing aids, wheelchairs etc.).
b. Miscellaneous
An employee or job applicant who has questions regarding this policy or believes that he or she has been
discriminated against based on a disability should notify the Executive Director or designee. All such
inquiries or complaints will be treated as confidential to the extent feasible and permissible by law. See
also the Anti -Harassment and Non -Discrimination Policy above.
5. PREGNANT WORKERS FAIRNESS ACT POLICY
The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide employees "reasonable
accommodations" for a worker's known temporary limitations on their ability to perform the essential
functions of their job based on a physical or mental condition related to pregnancy, childbirth, or related
medical conditions unless the accommodations will cause the employer an "undue hardship."
a. Accommodations Request Procedure
i. An employee seeking accommodation must notify Human Resources in writing of the
need for the accommodation and the requested accommodation.
ii. Upon written receipt of the request, the SEOPW CRA will collaborate closely with the
employee through an interactive process to make a good faith effort to provide an
appropriate accommodation based on the employee's job responsibilities and the impact of
the accommodation to its business operations.
iii. The SEOPW CRA will notify the employee in writing of their decision regarding the
accommodation.
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EXHIBIT "B"
4.1.b
6. CONFLICT OF INTEREST AND OUTSIDE EMPLOYMENT STATEMENT
a. In General
The SEOPW CRA expects our employees to conduct business according to the highest ethical standards of
conduct. Moreover, pursuant to Section 163.367(1), Florida Statutes, all employees are required to adhere
to the requirements of Part III of Chapter 112, Florida Statutes, "Code of Ethics for Public Officers and
Employees."
Employees are expected to devote their best efforts to the interests of the SEOPW CRA. Business dealings
that appear to create a conflict between the interests of the SEOPW CRA and an employee are unacceptable.
The SEOPW CRA recognizes the right of employees to engage in private activities outside their
employment. However, the employee must disclose any possible conflicts so that the SEOPW CRA may
assess and prevent potential conflicts of interest from arising. A potential or actual conflict of interest
occurs whenever an employee can influence a decision that may result in a personal gain for the employee
or an immediate family member (i.e., spouse, registered domestic partner, significant other, children,
parents or siblings) because of the SEOPW CRA's business dealings.
Although it is not possible to specify every action that might create a conflict of interest, this policy sets
forth the ones which most frequently present problems. If an employee has any question whether an action
or proposed course of conduct would create a conflict of interest, they should contact the Executive Director
to obtain advice on the issue. A violation of this policy will result in immediate and appropriate discipline,
up to and including termination.
b. side Employment
Employees may engage in lawful employment during their off -duty hours, but the SEOPW CRA
may restrict or prohibit such employment if it conflicts with the agency's interests, creates a
conflict of interest, or negatively impacts job performance. The Executive Director has the
prerogative to object the outside employment if the following grounds are established:
1. prevents the employee from fully performing work for which he or she is employed
at the SEOPW CRA, including overtime assignments; or
2. involves organizations that are doing or seek to do business with the SEOPW CRA,
including actual or potential vendors or customers; or
3. violates provisions of law or the SEOPW CRA's policies or rules.
Therefore, all employees must disclose to the SEOPW CRA when engaged in outside
employment.
c. Acceptance of Gifts
As a public agency and an instrumentality of the State of Florida, Section 112.313(2), Florida Statutes,
expressly prohibits SEOPW CRA employees from knowingly accepting, directly or indirectly, from any
person, vendor, company, firm or corporation doing business with the SEOPW CRA, or to which any
purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever,
however, such a gift may be accepted by such a person on behalf of the SEOPW CRA.
d. Prohibition on Political Activities During Work Hours
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EXHIBIT "B"
4.1.b
While everyone is free to participate in the political process and to exercise their First Amendment rights
in political campaigns, no SEOPW CRA employee may do so while on SEOPW CRA time or as part of
their SEOPW CRA employment. That is, employees may not campaign for, visit, or aid candidates for
elective office for political purposes during regular working hours, overtime, or during leave periods for
which the SEOPW CRA is compensating the employee (i.e., FMLA leave, personal time off, etc.).
Additionally, employees may not use any SEOPW CRA facilities, supplies or equipment, including
SEOPW CRA computers, telephones, or vehicles, for political purposes. Any employee found to be in
violation of this policy may be disciplined up to and including termination.
e. Work Product Ownership
All SEOPW CRA employees must be aware that the SEOPW CRA retains legal ownership of the product
of their work. No work product created while employed by the SEOPW CRA can be claimed, construed,
or presented as property of the individual, even after employment by the SEOPW CRA has been terminated
or the relevant project completed. This includes written and electronic documents, audio and video
recordings, system code, and any concepts, ideas, or other intellectual property developed for the SEOPW
CRA, regardless of whether the SEOPW CRA uses the intellectual property. Although it is acceptable for
an employee to display and/or discuss a portion or the whole of certain work product as an example in
certain situations (e.g., on a resume), one must bear in mind that information classified as confidential must
remain so even after the end of employment, and that supplying certain other entities with certain types of
information may constitute a conflict of interest. In any event, it must always be made clear that work
product is the sole and exclusive property of the SEOPW CRA.
f. Reporting Potential Conflicts
An employee must promptly disclose actual or potential conflicts of interest, in writing, to their supervisor.
Approval for the relationship will not be given unless it can be determined that the relationship will not
interfere with the employee's duties or will not harm the SEOPW CRA. The Executive Director shall have
the sole authority to determine whether a conflict exists and if approval will be granted.
7. PUBLIC RECORDS REQUESTS
Chapter 119, Florida Statutes, governs the disclosure of public records, which are defined as "all documents,
papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or received
pursuant to law or ordinance or in connection with the transaction of official business by any agency."
a. Generally
Public records may be inspected and copied by any person desiring to do so, at any reasonable time, under
reasonable conditions, and under supervision. Employees who have received a public records request must
immediately notify the Executive Director and the SEOPW CRA's counsel, who, in turn, will acknowledge
receipt of the public records requests in a timely manner to the requesting party. A requesting party is not
required to present a written request for public records, nor is a requesting party required to disclose their
identity. In the event of a verbal request, employees are required to ensure that they have accurately
recorded the request made, and forward the same to the Executive Director and the SEOPW CRA's counsel.
In the event a requesting party wishes to remain anonymous, an employee should ask the requesting party
how they wish to be contacted concerning their request. This information should also be accurately
recorded.
b. Fees
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EXHIBIT "B"
4.1.b
Chapter 119, Florida Statutes provides for fees and costs to be assessed to a requesting party for the
inspection and/or production of public records. The SEOPW CRA will notify the requesting party of any
fees and/or costs prior to copying and/or producing the records.
Employees should also be aware that not every record is considered a public record under Chapter 119,
Florida Statutes. There are many statutory provisions which exempt certain records from disclosure to the
public. Employees are not expected to know of every exemption; however, employees are required to
notify the Executive Director and counsel so that they may evaluate whether an exemption is applicable
prior to the inspection or production of the requested records.
S. SOLICITATION/DISTRIBUTION
Solicitations of any type and/or distributions of pamphlets, handbills, flyers, folders, or other materials by
an employee are not permitted on the SEOPW CRA's premises during those periods of the day when the
employee is engaged in performing their work tasks. For purposes of this policy, "premises" includes
digital/electronic locations as well as physical locations. Solicitations and/or distributions, as described
above, are not permitted at any time on the SEOPW CRA's premises by persons not employed by the
SEOPW CRA. Distributions, as described above, are not permitted by employees at any time in working
areas.
Employees may not post any notice or other literature on SEOPW CRA's property without prior approval
of the Executive Director.
Solicitation or distribution must not impede access in or out of the SEOPW CRA's buildings or other
premises, impede physical movement within the building or premises, or interfere with work being
performed by the SEOPW CRA's employees and public officials.
Any employee who observes a violation of this policy must report it immediately to Human Resources.
B. EMPLOYMENT
1. INITIAL EMPLOYMENT PERIOD
Every new employee goes through an initial adjustment period to learn about the SEOPW CRA and about
their job. During this time, the employee will have an opportunity to find out if they are suited to and like
their new position. Also, the initial employment period gives the employee's supervisor a reasonable time
to evaluate their performance. The initial employment period is three (3) consecutive months of service.
During this time, the new employee will be provided with training and guidance from their supervisor. The
employee may be discharged during this period if their supervisor concludes that they are not progressing
or performing in a manner acceptable to the SEOPW CRA. Under appropriate circumstances, the initial
employment period may be extended. Also, as is true during an employee's employment with the SEOPW
CRA, employment is not for any specific time and may be terminated at will, with or without cause and
without notice.
At the end of the initial employment period, the employee's supervisor will issue an evaluation. Provided
their job performance is acceptable to the SEOPW CRA at the end of the initial employment period, they
will continue in our employment as an at -will employee.
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EXHIBIT "B"
4.1.b
2. EMPLOYEE CATEGORIES
Based on the conditions of employment, employees of the SEOPW CRA fall into the following categories:
• Regular Full -Time Employees
• Regular Part -Time Employees
• Temporary Employees
a. Full -Time
An employee employed for an indefinite duration who works forty (40) hours or more per week, including
any applicable lunch breaks, is considered a full-time employee. Full-time employees are entitled to receive
certain employment benefits as provided for in this handbook.
Exempt: Employees are classified as such if their job duties are exempt from the minimum wage
and overtime provisions of the Fair Labor Standards Act. Exempt employees are not eligible for
overtime pay.
Non -Exempt: Employees are classified as such if their job duties do not qualify under any
exemption provided by the Fair Labor Standards Act. Non-exempt employees receive overtime
pay in accordance with the SEOPW CRA's overtime policy. Their compensation is calculated
hourly. Employees classified as non-exempt are required to sign -in and accurately record their
work hours daily. Failure of an employee to accurately record work hours or falsify time records
shall be grounds for disciplinary action, up to and including termination.
b. Part -Time
An employee who is employed for an indefinite duration who works on average no more than twenty-eight
(28) hours per work week is considered a part-time employee. Part—time employees are not entitled to
SEOPW CRA benefits.
c. Temporary Employees
A temporary employee is hired for a specified project or time frame. A temporary employee in a non-
exempt position is paid by the hour, while a temporary employee in an exempt position is paid on a salary
basis. Temporary employees do not receive any benefits provided by the SEOPW CRA.
3. TRANSFERS AND PROMOTIONS
The SEOPW CRA encourages employees to assume higher -level positions or lateral transfers for which
they qualify. Employees who wish to apply for a transfer or promotion should discuss it first with their
supervisor/manager, and Executive Director so that it may be determined if their skills fit the requirements
of the desired job. Employees should also feel free to discuss their career aspirations with their
supervisor/manager or the Executive Director at any time.
Generally, employees should be in their job for at least one (1) year before applying for a change of position.
In addition, employees must have a good performance, attendance, and punctuality record. Each employee
requesting a transfer or promotion will be considered for the new position along with all other applicants.
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EXHIBIT "B"
4.1.b
Each transfer or promotion is judged individually, depending on the needs of the SEOPW CRA. The
Executive Director will make all final decisions regarding transfers and promotions.
C. COMPENSATION
1. PERFORMANCE MANAGEMENT, EVALUATION AND COMPENSATION
PROGRAMS
To attract and retain a highly qualified and competent workforce, SEOPW CRA compensates its employees
fairly and equitably based upon demonstrated job performance and in accordance with its Equal
Employment Opportunity policy. Notwithstanding, salary increases, and other employee benefits are
subject to the Executive Director's discretion based on budgetary priorities.
a. Annual Performance Review
Employees should receive constructive work reviews designed to address performance and skill
developmental needs and interests. A regular, full-time employee is eligible for consideration of a merit
increase after at least six (6) months of continuous service before the merit award date. For purposes of
determining length of service, the date on which the employee first reports to work are considered the
anniversary date.
An employee whose pay is at the maximum of the salary range may not be granted an increase that would
cause the base salary to exceed the maximum of the range for that position.
In accordance with SEOPW CRA guidelines, supervisors will recommend whether (a) an employee should
receive any merit increase based on their annual performance review and (b) the amount of increase
appropriate for the performance results.
The following factors are the basis for awarding merit pay to employees:
1. The employee's performance as reported in the annual performance review.
2. The appropriate pay level within the range for the employee considering the employee's
performance and performance of others in the range.
3. Pay increase funds available.
4. Recommendations of supervisors, as approved by executive officers.
b. Cost of Living Adjustment (COLA)
A cost -of -living adjustment (COLA) is a rise in benefits or compensation to compensate for rising living
expenses. All eligible employees may receive a cost -of -living adjustment each October 1st at the discretion
of the Executive Director based on budgetary priorities. The COLA is subject to all applicable taxes.
c. Executive Benefits Program
The Executive Director, interim or acting, may establish an Executive Benefits program at his or her
discretion based on considering budgetary constraints of the SEOPW CRA. The Executive Director shall
be responsible for identifying staff members eligible for participation in the program and determining the
program benefits and applicable benefits amount(s). The Executive Director reserves the right to terminate
the program at any time based on the budgetary needs of the SEOPW CRA.
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EXHIBIT "B"
4.1.b
2. INTERIM AND PERMANENT EXECUTIVE DIRECTOR'S BASIC COMPENSATION
In the absence of a directive from the SEOPW CRA Board, the basic compensation for the
Executive Director, interim or permanent, shall be as follows:
1. Salary — reflected in the annual budget, as approved and adopted by the SEOPW CRA Board.
2. Car Allowance — reflected in the annual budget, as approved and adopted by the SEOPW
CRA Board.
3. Health/Dental/Vision (plus dependents) — SEOPW CRA to cover cost.
4. Cellular Phone Allowance — reflected in the annual budget, as approved and adopted by the
SEOPW CRA Board.
5. Life Insurance — 2 x Salary.
6. Long Term and Short -Term Disability Insurance — 2 x Salary.
a. Accidental Death and Dismemberment — SEOPW CRA to cover cost
7. Vacation and Leave — as outlined in this handbook. See below Article D. Time Off below.
8. Sick Leave— as outlined in this handbook. See Article D. Time Off below.
9. Severance — Maximum amount of severance pay in accordance with Section 215.425(4)(a),
Florida Statutes, upon separation.
10. Salary/Cost of Living Increases — automatic 2% annual increase, unless a different amount is
reflected in the annual budget, and approved and adopted by the SEOPW CRA Board.
11. Employer's Retirement Contribution — reflected in the annual budget, as approved and
adopted by the SEOPW CRA Board.
12. Training, Memberships and Subscription — SEOPW CRA to cover cost.
3. COMPENSATION SCHEDULE
Salary payment is made bi-weekly for the base salary due to an employee for the prior two -week period.
The work week starts on Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m.
Overtime payment, which is included with the non-exempt employee's base salary payment, is also paid
bi-weekly with such payment covering hours worked in the prior two -week period. See also Time Records
and Overtime policy below.
A statement of earnings is given each pay period to employees indicating:
• gross pay
• statutory deductions
• voluntary deductions
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EXHIBIT "B"
4.1.b
The amount of Federal withholding is affected by the number of exemptions claimed on Form W-4,
Employee's Withholding Allowance Certificate. Salary advances will not be made to any employee.
If the normal payday falls on a SEOPW CRA-recognized holiday, paychecks will be distributed one
workday prior to the aforementioned schedule. Under no circumstances will the SEOPW CRA release any
paychecks prior to the announced schedule.
Employees may be paid by check or through direct deposit of funds to either a savings or checking account
at their bank of choice (providing the bank has direct deposit capability). To activate direct deposit, a Direct
Deposit Authorization Form may be obtained from the Finance Department and the employee should
complete the form and return same, together with a voided personal check. Due to banking requirements,
it may take several weeks for activation of the direct deposit.
4. TIME RECORDS
a. Generally
The attendance of all employees is recorded daily and is submitted to payroll weekly. Our attendance
records are SEOPW CRA records, and care must be exercised in recording the hours worked, overtime
hours, and absences. Each employee is encouraged to check -in with their supervisor before commencing
work each day. Each employee is responsible for their own recordkeeping. Once an employee signs in,
work commences immediately. Failure to do so is considered a falsification of timekeeping records.
The SEOPW CRA uses these time records to calculate non-exempt employees' compensation, so it is
important to keep an accurate record of all hours worked. At the end of the pay period, non-exempt and
exempt employees are required to review their time records for that pay period and acknowledge in writing
that the hours recorded are an accurate reflection of all hours worked. Additionally, time records with
overtime for non-exempt employees must be countersigned by a supervisor and must be submitted to the
Finance Department for the prior pay period by end of business day on the Monday before payday for an
employee's payment to be processed in time for payday.
Non-exempt employees arriving at work earlier than their scheduled start time are not to clock in
until they are ready to begin their workday and are not to perform work until the employee has
clocked in. Likewise, non-exempt employees concluding their workday earlier than their scheduled
completion time must clock out when work has ceased for the day, even if this occurs prior to the scheduled
time for work to end for the employee, and the employee is to perform no work after the employee has
clocked out. Non-exempt employees are required to clock out at the completion of their workday, even
though they may continue to remain in the office beyond their scheduled completion time for personal
reasons. The SEOPW CRA is committed to compensating its employees for all hours worked, and
therefore, it is imperative that employees help to ensure that the SEOPW CRA's time records are accurate.
All employees must contact their supervisor to advise them of a late arrival time or to request to leave earlier
than their scheduled completion time. Any inaccuracies in the time records must be immediately reported
to the Finance Department. It is the employee's responsibility to check the time records for accuracy. The
SEOPW CRA will immediately correct any errors brought to its attention.
Personal time off, sick days, floating and birthday holidays, and office closures due to federal holidays must
be recorded by each employee on their bi-weekly timesheet.
b. Breaks
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EXHIBIT "B"
4.1.b
Employees are expected to take their regular lunch break whenever possible. Lunch breaks are usually for
30 minutes to 1 hour, subject to the needs of the SEOPW CRA. Employees must not all take lunch breaks
simultaneously. Your supervisor will inform you of your time slot for taking a lunch break. Employees
are not permitted to eat lunch at their desk or while performing any work for the SEOPW CRA. Lunch
breaks must be accurately recorded on the SEOPW CRA's time records. If business necessity dictates, as
determined solely by a supervisor, that an employee must be called back from a lunch break resulting in
the employee receiving less than the allotted lunch break, the employee will be compensated accordingly.
Nursing mothers needing time to express breast milk should plan with the Executive Director or designee
for appropriate breaks for that purpose. For up to one year after the child's birth, any employee who is
breastfeeding will be provided reasonable break times to express breast milk. The SEOPW CRA will
designate an office for this purpose, upon request Employees must reserve the room by contacting the
Human Resources Department.
A small refrigerator reserved for the specific storage of breast milk is available. Any breast milk stored in
the refrigerator must be labeled with the name of the employee and the date of expressing the breast milk.
Any nonconforming products stored in the refrigerator may be disposed of. Employees storing milk in the
refrigerator assume all responsibility for the safety of the milk and the risk of harm for any reason, including
improper storage, refrigeration, and tampering.
Breaks of more than 20 minutes in length will be unpaid, and recorded on timesheets where appropriate.
Also, one paid 15-minute break shall be permitted once in the morning and afternoon, for which the
employee is not required to clock out. Employees must not all take breaks simultaneously. The employee
is expected to work at all other times during the employee's scheduled workday, other than during a lunch
break and the morning and afternoon 15-minute breaks.
c. Violations of Policy
Violations of this policy may result in appropriate disciplinary action, up to and including suspension
without pay and immediate discharge.
5. OVERTIME PAY
a. Generally
The standard work week for non-exempt full-time employees typically shall not exceed forty (40) hours
(not including any lunch breaks). Depending on the SEOPW CRA's work needs, employees will be
required to work overtime when requested to do so. All overtime must be approved by the Executive
Director each day, in advance of working overtime.
All overtime hours must be recorded in the same manner regular work hours are recorded. Under no
circumstances is an employee permitted to work overtime off the clock. Non-exempt employees are
eligible for additional pay at a rate of one and one-half (1'/2) times the employee's regular rate for hours
worked more than forty (40) hours in a work week. Additionally, time records reflecting overtime must be
countersigned by the employee's supervisor and the Executive Director, and must be submitted to the
Finance Department by the Monday preceding payday for an employee's payment to be processed for
payday. "Hours worked" is defined as actual hours worked, and is not inclusive of any lunch breaks or any
paid time off including, but not limited to, paid personal time off, annual leave, personal days, jury duty,
paid holidays, sick leave, or bereavement leave.
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EXHIBIT "B"
4.1.b
Employees are responsible for checking their own time records to ensure their accuracy. Any discrepancies
should be immediately reported to the Finance Department. The SEOPW CRA will immediately correct
any errors.
b. Compensatory Time
Non-exempt employees may receive compensatory time at a rate not less than one and one-half hours for
each hour of overtime, in lieu of overtime compensation provided that an agreement or understanding is
arrived at between the SEOPW CRA and the employee before the performance of the overtime assignment.
Therefore, all work anticipated to be completed during overtime hours must be pre -approved by the
supervisor and the Executive Director, who, in turn, will discuss the issuance of compensatory time with
the employee. Any compensatory time received must be used during the pay period following the pay
period in which it was earned.
c. Flexible Time
The SEOPW CRA recognizes that there may be times when a non-exempt regular full-time employee is
required to remain at work longer than their normal business hours due to an SEOPW CRA event or
meeting. When this happens, an employee may, with the approval of their supervisor, flex the start time or
end time on another day within the same work week. The flex time shall be equal to the extra hours worked
by the employee.
d. Violations of Policy
An employee's failure to adhere to this policy may result in appropriate disciplinary action, up to and
including suspension without pay and immediate discharge.
Complaint Procedure
If you believe you were not paid correctly for overtime worked, you must report that concern to your
supervisor and/or the Finance Department. Any employee who receives such a complaint or is otherwise
aware of the improper payment of overtime, must immediately notify the Executive Director. The SEOPW
CRA will promptly investigate any such matter brought to its attention to determine whether there has been
a violation of this policy. It is the obligation of all employees to cooperate in such an investigation. Any
improper or mistaken salary deduction will be remedied promptly. If an investigation establishes that a
violation of this Policy has occurred, the Company will reimburse the employee for any overtime the
employee was due, and will take all appropriate corrective action to ensure that an underpayment does not
occur again.
f. Anti -Retaliation
The SEOPW CRA prohibits retaliation, in any form, against any employee who makes a complaint under
this policy or participates in the SEOPW CRA's investigation of such a complaint.
6. PERSONNEL RECORDS
To keep necessary SEOPW CRA records up to date, it is extremely important that you notify the Finance
Department of any changes in:
• Name and/or marital status
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EXHIBIT "B"
4.1.b
• Address and/or telephone number
• No. of eligible dependents
• W-4 deductions
• Person to contact in case of emergency
All departing employees must provide the SEOPW CRA with an updated address to ensure that all
necessary tax, insurance, and other forms are sent to the correct address.
7. IMMIGRATION LAW COMPLIANCE
The SEOPW CRA is committed to employing only those employees who are authorized to work in the
United States. In compliance with the Immigration Reform and Control Act of 1986, each new employee
must complete an Employment Eligibility Certification Form I-9 and present documentation establishing
identity and employment eligibility. Former employees who are rehired also may be required to complete
the form. Employees with questions should contact the Executive Director or designee. Employees also
may raise questions or complaints about immigration law compliance without fear of reprisal.
8. DEDUCTIONS FROM PAY OF EXEMPT EMPLOYEES
Executive, administrative, and professional employees of the SEOPW CRA are classified as exempt and
are not legally entitled to overtime pay for hours worked over forty (40) hours in a work week. Generally,
exempt employees are paid a pre -determined salary for any work week in which they perform work,
regardless of the quality or the number of hours of work performed during that work week. However, an
employee need not be paid for any work week in which s/he performs no work.
This policy sets forth the circumstances when deductions can be made from an exempt employee's salary
(in addition to tax withholdings, social security, Medicare, insurance contributions and other deductions
authorized by the employee). Employees are advised to check their pay stubs and are required to report
any mistakes to the Finance Department. Inadvertent mistakes will be corrected promptly.
a. Permissible Deductions
Federal wage -hour regulations permit the following deductions from an exempt employee's salary:
i. Absences for Personal Reasons.
The SEOPW CRA may deduct from an exempt employee's weekly salary for any full day
that the employee is absent from work for personal reasons, other than sickness or
disability. If an exempt employee is absent for personal reasons and uses an available paid
personal or personal time off day, the employee will be paid for that day by utilizing any
personal or personal time off leave available. If, however, an exempt employee takes a
personal day prior to eligibility for or after having exhausted their entitlement to personal
and personal time off days, the SEOPW CRA may deduct from the exempt employee's
salary a full day of pay for each full -day absence.
ii. Absences for Illness, Disability or FMLA.
The SEOPW CRA may deduct from an exempt employee's weekly salary for any full day
that the employee is absent from work for sickness or disability if the deduction is made in
accordance with the SEOPW CRA's sick leave policy, and workers' compensation law.
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EXHIBIT "B"
4.1.b
The SEOPW CRA is not required to pay an employee's salary for full -day absences for
which the employee receives compensation under the above policies or practices. Further,
deductions for such full day absences may be made for absences due to sickness or
disability occurring before the employee has qualified for benefits under the applicable
plan or policy and after he or she has exhausted the leave allowance under the plan or
policy.
The SEOPW CRA may deduct from an exempt employee's weekly salary for time that the
employee takes as unpaid leave under the Family and Medical Leave Act (whether it is a
full-time leave, or intermittent leave or reduced -schedule leave). For example, if an
employee who usually works forty (40) hours per week takes four (4) hours in intermittent -
leave time, the SEOPW CRA may reduce their weekly salary for that week by ten percent
(10%). Employees should review the SEOPW CRA's Family and Medical Leave Act
Policy for further information about such leaves of absence.
Jury Fees, Witness Fees, and Military Pay.
The SEOPW CRA may offset an exempt employee's salary by the amount of money
received by that employee as jury fees, witness fees, or military pay for any particular work
week. Any employee receiving such fees or military pay must report this fact to the
Finance Department.
iv. Suspensions.
The SEOPW CRA may suspend an exempt employee from work without pay for one or
more full days for serious workplace misconduct in violation of the SEOPW CRA's
workplace conduct rules, including violations of this handbook.
v. Absence during Initial or Terminal Weeks.
The SEOPW CRA is not required to pay the full salary of an exempt employee in their
initial or terminal weeks of employment if that employee does not work for the entirety of
those weeks. The SEOPW CRA will pro -rate the employee's salary, in these weeks, in
proportion to the days (or time) worked.
b. Complaint Procedure
If you believe a deduction was taken in error, report that concern to your supervisor and/or the Finance
Department. Any employee who receives such a complaint or is otherwise aware of improper or mistaken
salary deductions, must immediately notify the Executive Director. The SEOPW CRA will promptly
investigate any such matter brought to its attention to determine whether there has been a violation of this
policy. It is the obligation of all employees to cooperate in such an investigation. Any improper or mistaken
salary deduction will be remedied promptly. If an investigation establishes that a violation of this policy
has occurred, the SEOPW CRA will reimburse the employee for any improper deductions and will take all
appropriate corrective action to ensure that such deductions or conduct does not occur again.
c. Anti -Retaliation
The SEOPW CRA prohibits retaliation, in any form, against any employee who makes a complaint under
this policy or participates in the SEOPW CRA's investigation of such a complaint.
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EXHIBIT "B"
4.1.b
D. TIME OFF
1. PERSONAL TIME OFF
a. Full-time Regular Employees and Executive Staff
Time away from work to relax and pursue special interests is essential to everyone. All full-time regular
employees shall be allotted personal time off as outlined below. Personal time off hours shall be available
for use at the beginning of each fiscal year, provided the employee is eligible to use personal time off, and
any request for personal time off has been approved by the Executive Director.
New employees are not eligible to use personal time off until after they have completed ninety (90) days of
employment. Given the nature and demands of executive level positions, personal time off time is available
for immediate use for executive level positions. Where special business necessity requires an exception,
prior approval must be given by the Executive Director.
Years of Service
Regular Employees
(Regular Employees
(Executive Staff)
200 hours per year
0-4 years of service
132 hours per year
5-9 years of service
148 hours per year
220 hours per year
10-14 years of service
160 hours per year
240 hours per year
15-19 years of service
180 hours per year
260 hours per year
20 or more years of service
200 hours per year
280 hours per year
b. Requesting Use of Personal Time Off
All employees must submit a written request to use personal time off time to their immediate supervisor for
review. All requests must ultimately be approved by the Executive Director. All employees should make
their personal time off requests as far in advance as possible. The SEOPW CRA will attempt to grant an
employee the personal time off dates he or she requests; however, said request is subject to the SEOPW
CRA's business needs. When a SEOPW CRA holiday falls during a scheduled personal time off, the
holiday is not counted as a personal time off day, but as a holiday.
Any employee that becomes ill during a scheduled personal time off cannot change a personal time off day
to a sick day; scheduled personal time off days count as personal time off even if an employee would
ordinarily take a sick day. The Executive Director may mandate the use of Paid Time Off (PTO) if the
office is closes for any business -related or non -business related reasons.
c. Restrictions on accumulation of Personal Time Off — Rollover Policy
The SEOPW CRA recognizes that due to the daily professional demands of employees, the ability to fully
utilize PTO accrued within a fiscal year may not be feasible. Regular employees may not rollover more
than forty (40) hours and Executive Staff may rollover no more than eighty (80) hours each fiscal year.
Regular employees may roll over their accrued personal time off each fiscal year, but it has no monetary
value. Employees cannot cash out hours exceeding the allotted amount per fiscal year. Any rolled over
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EXHIBIT "B"
4.1.b
hours must be utilized within the consecutive fiscal year along with PTO accrued during the current fiscal
year.
With respect to the Executive Director, the SEOPW CRA Board of Commissioners shall determine the
applicable number of accumulated PTO hours that the Executive Director may accrue on an annual basis,
the number of PTO hours that may be rolled over each year, if any and the total maximum number of
hours the Executive Director may accrue during his/her term of employment.
Notwithstanding the permitted rollover allowance for designated Executive Staff, any employee, including
the Executive Director, is not permitted to rollover PTO during in a fiscal year if he or she is on leave of
absence without pay, suspension without pay, or when the employee is otherwise in a non -pay status.
d. innual Payout of PTO
Full-time employees who have completed their 90-day probationary period and have accrued PTO are
eligible to cash out an approved amount of their PTO each fiscal year. To determine the specific amount
that can be cashed out, please reference the designated chart below. This policy ensures that eligible
employees can access their benefits while adhering to company guidelines. In cases of separation from
employment with SEOPW CRA by voluntary resignation, involuntary reduction in workforce or occupational
disability, employees who have completed their probationary period may receive a maximum PTO payout
as shown below:
Regular employees who work 80 hours per pay
period
40 Hours
Regular employees designated as Executive
Staff who work 80 hours per pay period.*
160 Hours
*This category includes the Executive Director, interim or acting, if the SEOPW CRA board has not
addressed the Executive Director's compensation package.
2. ABSENCE DUE TO ILLNESS
To keep the SEOPW CRA running smoothly and efficiently, it is important that every employee be on the
job and on time regularly. For this reason, careful attention is given to promptness, absence record and
overall dependability. The SEOPW CRA recognizes, however, that an employee may occasionally be
injured or ill. As a result, this policy is designed to provide protection to employees against loss of income
during unavoidable illness or injury.
Both regular and executive employees who are unable to perform their jobs due to illness or injury are
eligible for sick days at the rate of 8 hours per month. Sick leave hours may be carried over from year to
year. Regular employees may not cash out sick leave hours. Regular employees may cash out sick leave
hours with a capped amount (subject to funding availability) upon separation. Executive employees are
entitled to cash out sick leave hours upon separation.
To be eligible for use of sick leave, employees unable to report to work due to illness or injury must
telephone their supervisor directly, each day of their absence, as far in advance as possible, but no later than
30 minutes before their scheduled arrival time. If their supervisor is not available, the Finance Department
should be contacted. If an employee is unable to make the call personally, a family member or a friend
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EXHIBIT "B"
4.1.b
should contact the supervisor or the Finance Department. The employee bears the obligation to contact as
provided above each day of absence. An employee who fails to contact their immediate supervisor or the
Finance Department may be considered voluntarily resigning.
If the SEOPW CRA has questions about the nature or length of an employee's disability, a written
certification from a physician or licensed health care professional may be required.
The use of sick leave is prohibited during an employee's initial 90 days of employment.
3. HOLIDAYS
a. Designated Holidays
All full-time employees (including those in initial employment period) are eligible for twelve (12) paid
holidays per year as follows:
New Year's Day Labor Day
Dr. Martin Luther King, Jr. Day Columbus Day/Indigenous Peoples' Day
President's Day Veterans Day
Memorial Day Thanksgiving and the day after Thanksgiving
Juneteenth Christmas Day
Independence Day
At the end of each year, the holiday schedule for the coming year will be provided to employees. Where a
holiday falls on a Saturday, SEOPW CRA employees will observe the holiday on the preceding Friday.
Where a holiday falls on a Sunday, SEOPW CRA employees will observe the holiday on the following
Monday.
b. Floating Holidays
All full-time, regular employees receive two (2) floating holidays per year in addition to the SEOPW CRA's
regular paid holidays. These two floating holidays may be used only for religious or cultural holidays,
employee birthdays, or other state or federal holidays during which the SEOPW CRA remains open.
Floating holidays are available for all current employees at the beginning of each fiscal year. A new
employee hired before the end of the first half of the fiscal year will receive two (2) floating holidays upon
hire; a new employee hired during the second half of the fiscal year will receive one (1) floating holiday
upon hire.
Employees must specify the event for which they are requesting to use a floating holiday. The request must
be scheduled and approved in advance by the employee's immediate supervisor.
Floating holidays will not be carried over to the next fiscal year, nor will they be cashed out if not taken
or paid upon termination of employment.
c. Birthday Holiday Pay
Employees will receive one (1) birthday holiday per year in addition to the SEOPW CRA's regular paid
and floating holidays. This birthday holiday must be used within the employee's birth month. Birthday
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EXHIBIT "B"
4.1.b
holidays will not be carried over to the next fiscal year, nor will they be cashed out if not taken or paid upon
termination of employment.
d. Holiday Pay
Hourly employees will be compensated holiday pay based on the regular rate (straight time) multiplied by
the number of hours that employee is normally scheduled to work on the day that falls on a holiday (i.e., an
employee who is normally scheduled for eight (8) hours on the day that falls on a holiday will be
compensated eight (8) hours at the employee's regular rate as holiday pay). Employees not normally
scheduled to work on a day that falls on a holiday will not be compensated holiday pay for that day. Paid
time off as holiday pay does not count toward calculating overtime hours.
4. BEREAVEMENT LEAVE
The SEOPW CRA's Bereavement Leave Policy establishes a uniform guideline for providing leave time
to employees in the event of a death of certain relative family members or pregnancy loss due to miscarriage
or stillbirth.
a. Eligibility: All full-time, active employees are eligible for leave under this policy. An employee
will receive paid leave of three (3) to five (5) days. Leave should be taken consecutively within a reasonable
time of the day of the death or day of the funeral and may not be split or postponed.
b. Definitions: Immediate family member is defined as the employee's spouse, registered domestic
partner, child, stepchild, parent, stepparent, father-in-law, mother, mother-in-law, son-in-law, daughter-in-
law, brother, sister, grandparent, grandchild, stepbrother, stepsister, or an adult who stood in loco parentis
to the employee during childhood.
c. Procedures
1. An employee who wishes to take time off due to the death of an immediate family member
should notify their supervisor as soon as possible. If an employee needs to leave work early due to
a death notification, any hours used for the absence will be count as bereavement leave. Employees
should make their supervisor and the Finance Department aware of their situation and of the need
to leave work early.
In addition to bereavement leave, an employee may, with their supervisor's approval, use any
available personal leave for additional approved time off as necessary.
2. Upon returning to work, the employee must record their absence as a Bereavement Leave on
their attendance record. Proof of death and relationship to the deceased may be required for
verification. Failure to provide any requested documentation will result in the leave being unpaid.
3. Bereavement pay is calculated based on the base pay rate at the time of absence, and it will not
include any special forms of compensation, such as incentives, commissions, bonuses, overtime or
shift differentials.
4. Paid bereavement leave will be granted according to the following schedule:
i. An eligible employee may utilize three (3) to five (5) consecutive days off from their
regularly scheduled duty with regular pay in the event of the death of the employee's
spouse, registered domestic partner, child, stepchild, parent, stepparent, father-in-law,
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EXHIBIT "B"
4.1.b
mother, mother-in-law, son-in-law, daughter-in-law, brother, sister, grandparent,
grandchild, stepbrother, stepsister, or an adult who stood in loco parentis to the
employee during childhood. Leave time shall be permitted as follows:
• In -state: Three (3) days
• Out-of-state: Five (5) days
ii. An employee may use up to five (5) consecutive days in case of pregnancy loss due to
miscarriage or still birth. (Note: If leave is granted under the Family and Medical
Leave Act, the five (5) days of Bereavement Leave will be used concurrently.)
iii. Employees are allowed one (1) day off from regular scheduled duty with regular pay
in the event of death of the employee's brother-in-law, sister-in-law, aunt, uncle, or
spouse's or registered domestic partner's grandparent.
iv. Employees are allowed up to four (4) hours of bereavement leave to attend a fellow
regular employee's funeral, provided such absence from duty will not interfere with
normal company operations.
5. JURY DUTY
A leave of absence for jury duty will be granted to any full -tune or part-time employee notified to serve.
During this leave, employees will be compensated with payment equal to the difference between their jury
duty pay and their regular salary for a maximum of five (5) days, unless otherwise required by law. An
employee on jury duty must report to work any day they are excused from jury duty.
Upon receipt of the notice to serve jury duty, the employee should immediately notify their supervisor, and
the Finance Department. Additionally, a copy of the notice to serve jury duty should be attached to the
employee's attendance record for attendance purposes. Upon the employee's return, the employee must
notify the Finance Department and must submit a signed Certificate of Jury Service indicating the number
of days served.
If the jury duty falls at a time when the employee cannot be away from work, the SEOPW CRA may request
that the court allow the employee to choose a more convenient time to serve if SEOPW CRA makes a
request in accordance with the court's procedures. The employee is encouraged to cooperate with the
request for a postponement. The SEOPW CRA will work to accommodate any future scheduling conflicts
resulting from the postponement of jury service.
6. MILITARY LEAVE
a. Leave without Loss of Pay for Florida National Guard
Section 250.48, Florida Statutes, provides that an employee who is a member of the Florida National Guard
is entitled to thirty (30) days of leave without loss of pay, time or seniority for engaging in active state duty
for a named event, declared disaster or operation pursuant to Sections 250.28 or 252.36, Florida Statutes.
However, a leave of absence without loss of pay granted under Section 250.48, Florida Statutes, may not
exceed thirty 30 days for each emergency or disaster, as established by executive order of the Governor.
b. Uniformed Services Employment and Reemployment Act ("USERRA")
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EXHIBIT "B"
4.1.b
An employee who is a member of the United States Army, Navy, Air Force, Marines, Coast Guard, National
Guard, Reserves or Public Health Service will be granted an unpaid leave of absence for military service,
training or related obligations in accordance with applicable law ("USERRA leave"). Employees on
USERRA leave may substitute their paid personal time off time for said unpaid leave. At the conclusion
of the leave, upon the satisfaction of certain conditions, an employee generally has a right to return to the
same position they held prior to the leave or to a position with like seniority, status and pay that the
employee is qualified to perform.
i. Continuation of Health Benefits
During USERRA leave of less than thirty-one (31) days, an employee is entitled
to continued group health plan coverage under the same conditions as if the
employee had continued to work. For USERRA leave of more than thirty (30)
days, an employee may elect to continue their health coverage for up to eighteen
(18) months of uniformed service, but may be required to pay all or part of the
premium for the continuation coverage, but no more than one hundred and two
percent (102%) of the full premium for the coverage elected. Said premium is to
be calculated the same way as required by COBRA.
ii. Requests for USERRA Leave
Leave for Active or Reserve Duty
Upon receipt of orders for active or reserve duty, an employee should notify their
employer, as soon as possible (unless they are unable to do so because of military
necessity or it is otherwise impossible or unreasonable).
Leave for Training and Other Related Obligations (e.g., fitness for service
examinations)
Employees will also be granted time off for military training (normally fourteen
(14) days plus travel time) and other related obligations, such as for an examination
to determine fitness to perform service. Employees should advise their supervisor
and/or the Executive Director or designee of their training schedule and/or other
related obligations as soon as possible. Employees are required to retain their
military pay vouchers. Upon return from training, the employee must submit their
military pay voucher to the Finance Department. The SEOPW CRA will pay an
employee's full salary, less base military pay, for the first six (6) months of the
training period. This six-month period of supplemental pay may be extended by
the Executive Director.
iii. Return from Military Leave
Notice Required
An employee who served for less than thirty-one (31) days or who reported for a
fitness to serve examination, must provide notice of intent to return to work at the
beginning of the first full regularly scheduled work period that starts at least eight
(8) hours after the employee has returned from the location of service.
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EXHIBIT "B"
4.1.b
An employee who served for more than thirty (30) days, but less than one hundred
eighty-one (181) days, must submit an application for reemployment no later than
fourteen (14) days after completing their period of service or, if this deadline is
impossible or unreasonable through no fault of the employee, then on the next
calendar day when submission becomes possible.
An employee who served for over one hundred and eighty (180) days must apply
for reemployment no later than ninety (90) days after completing the uniformed
service.
An employee who has been hospitalized or is recovering from an injury or illness
incurred or aggravated while serving must report to the Human Resources
Department (if the service was less than thirty-one (31) days or if employee
reported for a fitness to serve examination), or submit an application for
reemployment (if the service was greater than thirty (30) days), at the end of the
necessary recovery period (but which may not exceed two (2) years, unless for a
fitness to serve examination).
Required Documentation
An employee whose military service was for more than thirty (30) days must
provide documentation upon their return (upon the request of the employer) (unless
such documentation does not yet exist or is not readily available) showing the
following: (i) the application for re-employment is timely (i.e. submitted within
the required time period); (ii) the period of service has not exceeded five (5) years;
and (iii) the employee received an honorable or general discharge.
7 . LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT ("FMLA")
It is the SEOPW CRA's intent to provide Family and Medical Leave (FML) to its employees in compliance
with the requirements of the Family and Medical Leave Act (FMLA) of 1993.
FMLA provides eligible employees with unpaid leave for certain family and medical reasons during a
twelve (12) month period. During this leave, an eligible employee is entitled to continued group health
plan coverage as if the employee had continued to work. At the conclusion of the leave, subject to some
exceptions, an employee generally has a right to return to the same or to an equivalent position.
a. Employee Eligibility Criteria
To be eligible for FMLA leave, an employee must have been employed by the SEOPW CRA: (1) for at
least twelve (12) months (which need not be consecutive); and (2) for at least 1,250 hours during the twelve
(12) month period immediately preceding the commencement of the leave.
b. Events Which May Entitle an Employee to FMLA Leave
An unpaid leave of up to twelve (12) work weeks may be taken by an employee for one, or a combination,
of the following reasons:
1. the birth of the employee's child or to care for the newborn child;
2. the placement of a child with the employee for adoption or foster care or to care
for the newly placed child;
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EXHIBIT "B"
4.1.b
3. to care for the employee's spouse, registered domestic partner, child or parent
(but not in-law) with a serious health condition;
4. the employee's own serious health condition that makes the employee unable to
perform one or more of the essential functions of their job; and/or
5. for any qualifying exigency arising out of the fact that the employee's spouse,
registered domestic partner, son, daughter, or parent is on (or has been notified of
an impending call to) "covered active duty" in the Armed Forces.
"Covered active duty" for members of a regular component of the Armed Forces means duty during
deployment of the member with the Armed Forces to a foreign country. "Covered active duty" for members
of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means
duty during deployment of the member with the Anned Forces to a foreign country under a call or order to
active duty in a contingency operation as defined in Section 101(a)(13)(B) of Title 10, United States Code.
A "serious health condition" is an injury, illness, impairment, or physical or mental condition that involves
inpatient care or continuing treatment by a health care provider.
c. Other FMLA Leave — Military Caregiver Leave
Military caregiver leave entitles an eligible employee who is the spouse, registered domestic partner, son,
daughter, parent, or next of kin of a "covered servicemember" to take up to twenty six (26) workweeks of
FMLA leave in a single 12-month period to care for a "covered servicemember" with a "serious injury or
illness."
A "covered service member" is a member of the Armed Forces, including a member of the National Guard
or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A "covered
servicemember" also includes a veteran who is undergoing medical treatment, recuperation, or therapy for
a serious injury or illness if the veteran was a member of the Armed Forces at any time during the period
of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation,
or therapy.
A "serious injury or illness" means, an injury or illness incurred by the member in line of duty on active
duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's
office, grade, rank or rating and/or a serious injury or illness that existed before the beginning of the
member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces that
may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.
For a veteran, a "serious injury or illness" is defined as a qualifying injury or illness that was incurred by
the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the
member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces)
and that manifested itself before or after the member became a veteran.
d. How Much FMLA Leave May Be Taken
i. The 12-Month Period
An eligible employee is entitled to up to twelve (12) workweeks of unpaid leave during a 12-month
period for any FMLA qualifying reason(s), except that leave may be taken for up to twenty-six (26)
workweeks during a 12-month period for military caregiver leave. The 12-month period is a rolling
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EXHIBIT "B"
4.1.b
12-month period measured backward from the date an employee uses any FMLA leave. The leave
will be counted against the employee's annual FMLA entitlement.
ii. Limitations on FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within twelve (12) months
after the birth or placement of the child.
Where spouses or registered domestic partners are both employed by the SEOPW CRA, they are
together entitled to a combined total of twenty-six (26) workweeks of leave for military caregiver
leave. For example, if an employee took sixteen (16) weeks of military caregiver leave, the
employee's spouse or registered domestic partner, who is also employed with the SEOPW CRA,
would be limited to using ten (10) weeks for military caregiver leave.
When leave is unrelated to service member family leave and both spouses or registered domestic
partners are employed by the SEOPW CRA, they are together entitled to a combined total of twelve
(12) workweeks of FMLA leave within the designated 12 month period for the birth, adoption or
foster care placement of a child with the Employees, for aftercare of the newborn or newly placed
child, and to care for a parent (but not in-law) with a serious health condition. Each spouse or
registered domestic partner may be entitled to additional FMLA leave for other FMLA qualifying
reasons (i.e., the difference between the leave taken individually for any of the above reasons and
twelve (12) workweeks, but not more than a total of twelve (12) workweeks per person). For
example, if each spouse or registered domestic partner took 6 weeks of leave to care for a newborn
child, each could later use an additional six (6) weeks due to their own serious health condition or
to care for a child with a serious health condition.
iii. Intermittent or Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time of no less than one -hour increments. A
reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours
per workweek or hours per workday.
Leave to care for a newborn or for a newly placed child must be taken all at once and may not be
taken intermittently or on a reduced work schedule.
Leave because of an employee's own serious health condition, to care for an employee's spouse,
registered domestic partner, child or parent with a serious health condition or to care for a service
member under the service member family leave provision, may be taken all at once or, where
medically necessary, interinittently or on a reduced work schedule. Additionally, leave because of
any qualifying exigency arising out of the fact that the employee's spouse, registered domestic
partner, son, daughter, or parent is on (or has been notified of an impending call to) "covered active
duty" in the Armed Forces may be taken all at once, intermittently or on a reduced work schedule.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must,
when requested, attempt to schedule the leave so as not to unduly disrupt the SEOPW CRA's
operations. When an employee takes intermittent or reduced work schedule leave for foreseeable
planned medical treatment, the SEOPW CRA may temporarily transfer the employee to an
alternative position with equivalent pay and benefits for which the employee is qualified and which
better accommodates recurring periods of leave.
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EXHIBIT "B"
4.1.b
e. Requests for FMLA Leave
An employee should request FMLA leave by completing the Employer's Request for Leave form and
submitting it to the Executive Director or designee and Finance Department. If the Employee fails to
explain the reasons for the leave, FMLA leave may be denied.
When leave is foreseeable for childbirth, placement of a child, or planned medical treatment for the
employee's or employee's family member's serious health condition, the employee must provide the
SEOPW CRA with at least thirty (30) days advance notice or such shorter notice as is practicable (i.e.,
within one (1) or two (2) business days of learning of the need for the leave). When the timing of the leave
is not foreseeable, the employee must provide the SEOPW CRA with notice of the need for leave as soon
as practicable (i.e., within one (1) or two (2) business days of learning of the need for the leave).
When leave is foreseeable to care for a service member under the military caregiver leave provision, the
employee shall provide notice to the Company as is reasonable and practicable.
f. Designation of the Leave
The SEOPW CRA will notify the employee that leave has been designated as FMLA leave. The SEOPW
CRA may provisionally designate the employee's leave as FMLA leave if it has not received medical
certification or has not otherwise been able to confirm that the employee's leave qualifies as FMLA leave.
If the employee has not notified the SEOPW CRA of the reason for the leave, and the employee desires
that leave be counted as FMLA leave, the employee must notify the Executive Director or designee and
Finance Department within two (2) business days of the employee's return to work that the leave was for
an FMLA reason.
g. Required Documentation for FMLA Leave
When leave is taken to care for a family member as defined in this policy, the SEOPW CRA may require
the employee to provide documentation or a statement of family relationship (e.g., birth certificate or court
document).
An employee may be required to submit medical certification from a health care provider to support a
request for FMLA leave for the employee's or a family member's serious health condition. Medical
certification forms are available from the Finance Department. Such certification shall be provided to the
SEOPW CRA thirty (30) days before the leave when foreseeable, or as far in advance of the leave as
practicable. When the leave is not foreseeable, the employee must provide the requested certification to
the employer within fifteen (15) days, unless it is not practicable under the circumstances, despite the
employee's diligent and good faith efforts.
If the SEOPW CRA has reason to doubt the employee's initial certification, the SEOPW CRA may require
the employee, at the employer's expense, to obtain a second opinion from a health care provider designated
or approved by the employer. If the initial and second certifications differ, the SEOPW CRA may, at its
expense, require the employee to obtain a third final and binding certification from a health care provider
designated or approved by the employer and the employee.
During FMLA leave, the SEOPW CRA may require that the employee provide recertification of a serious
health condition at reasonable intervals. In addition, during FMLA leave, the employee must provide the
SEOPW CRA with periodic reports regarding the employee's status and intent to return to work. If the
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EXHIBIT "B"
4.1.b
employee's anticipated return to work date changes and it becomes necessary for the employee to take more
or less leave than originally anticipated, the employee must provide the SEOPW CRA with reasonable
notice (i.e., within two (2) business days) of the employee's changed circumstances and new return to work
date. If the employee gives the SEOPW CRA notice of the employee's intent not to return to work, the
employee will be considered to have voluntarily resigned.
Before the employee returns to work from FMLA leave for the employee's own serious health condition,
the employee may be required to submit a fitness for duty certification from the employee's health care
provider, with respect to the condition for which the leave was taken, stating that the employee is able to
resume work.
FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided
promptly. Also, a failure to provide requested documentation of the reason for an absence from work may
lead to discipline up to and including suspension without pay and termination of employment.
h. Use of Paid and Unpaid Leave
If an employee has paid leave for which they are eligible (e.g., personal time off, sick leave, personal leave),
said leave shall run concurrently with FMLA leave taken. Any paid leave used for an FMLA qualifying
reason will be charged against an Employee's entitlement to FMLA leave. This includes leave for disability
or workers' compensation injury/illness, provided it meets FMLA requirements. The substitution of paid
leave for unpaid leave does not extend the 12 workweeks (or 26 workweeks, where applicable) leave period.
For example, if an employee has 2 weeks of personal time off time, and 1 week of sick leave, the employee's
first three weeks of 12-week FMLA leave shall be paid from said personal time off and sick leave, and the
remaining 9 weeks FMLA leave shall be unpaid.
i. Maintenance of Health Benefits
During FMLA leave an employee is entitled to continued group health plan coverage under the same
conditions as if the employee had continued to work. To the extent that an employee's FMLA leave is paid,
the employee's portion of health insurance premiums may be deducted from the employee's salary. For
the portion of FMLA leave that is unpaid, the employee's portion of health insurance premiums may be
paid as agreed to by the SEOPW CRA and the employee. If the employee's payment of health insurance
premiums is more than 30 days late, the SEOPW CRA may discontinue health insurance coverage upon
notice to the employee.
j. Return from FMLA Leave
Upon return from FMLA leave, the SEOPW CRA will place the employee in the same position as the
employee held before the leave or an equivalent position with equivalent pay, benefits and other
employment terms.
k. Limitations on Reinstatement
An employee is entitled to reinstatement only if they would have continued to be employed had FMLA
leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction
in force or other reason, the employee is not employed at the time job restoration is sought. The SEOPW
CRA reserves the right to deny reinstatement to salaried, eligible employees who are among the highest
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EXHIBIT "B"
4.1.b
paid 10% of the SEOPW CRA's employees (Key Employees) if such denial is necessary to prevent
substantial and grievous economic injury to the SEOPW CRA's operations.
1. Failure to Return to Work Following FMLA Leave
If the employee does not return to work following the conclusion of FMLA leave, the employee will be
considered to have voluntarily resigned. The SEOPW CRA may recover health insurance premiums that it
paid on behalf of the employee during any unpaid FMLA leave except that the SEOPW CRA's share of
such premiums may not be recovered if the employee fails to return to work because of the employee's, a
family member's or a covered service member's serious health condition or because of other circumstances
beyond the employee's control. In such cases, the SEOPW CRA may require the employee to provide
medical certification of the employee's or the family member's serious health condition.
8. Maternity/Paid Parental Leave
The SEOPW CRA will provide up to eight (8) weeks of paid parental leave to employees following the
birth of an employee's child or the placement of a child with an employee in connection with adoption or
foster care. The purpose of paid parental leave is to enable the employee to care for and bond with a
newborn or a newly adopted or newly placed child. Paid Parental Leave will run concurrently with Family
and Medical Leave Act (FMLA) leave, as applicable.
a. Eligibility
1. Eligible employees must meet the following criteria:
• Have been employed with the company for at least 12 months (the 12 months do
not need to be consecutive).
• Have worked at least 1,250 hours during the 12 consecutive months immediately
preceding the date the leave would begin.
• Be a full- or part-time, regular employee (temporary employees and interns are
not eligible for this benefit).
2. In addition, employees must meet one of the following criteria:
• Have given birth to a child.
• Be a spouse or committed partner of a woman who has given birth to a child.
• Have adopted a child or been placed with a foster child (in either case, the child
must be age 17 or younger).
b. Amount, Time Frame and Duration of Paid Parental Leave
1. Eligible employees will receive a maximum of eight (8) weeks of paid parental
leave per birth, adoption or placement of a child/children. The fact that a multiple
birth, adoption or placement occurs (e.g., the birth of twins or adoption of siblings)
does not increase the eight (8) week total amount of paid parental leave granted for
that event. In addition, in no case will an employee receive more than eight (8)
weeks of paid parental leave in a rolling 12-month period, regardless of whether
more than one birth, adoption or foster care placement event occurs within that 12-
month time frame.
2. Each week of paid parental leave is compensated at 100 percent of the employee's
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EXHIBIT "B"
4.1.b
regular, straight -time weekly pay. Paid parental leave will be paid biweekly on
regularly scheduled pay dates.
3. Approved paid parental leave may be taken at any time during the two (2) month
period immediately following the birth, adoption or placement of a child with the
employee. Paid parental leave may not be used or extended beyond this two (2)
month time frame.
4. In the event of a female employee who herself has given birth; the eight (8) weeks
of paid parental leave will commence at the conclusion of any short-term
disability leave/benefit provided to the employee for the employee's own medical
recovery following childbirth.
5. Employees must take paid parental leave in one continuous period of leave and
must use all paid parental leave during the two (2) month time frame indicated
above. Any unused paid parental leave will be forfeited at the end of the two (2)
month time frame.
6. Upon the individual's employment at the company's termination, they will not be
paid for any unused paid parental leave for which they were eligible.
c. Coordination with Other Policies
1. Paid parental leave taken under this policy will run concurrently with leave under
the FMLA; thus, any leave taken under this policy that falls under the definition
of circumstances qualifying for leave due to the birth or placement of a child due
to adoption or foster care, the leave will be counted toward the 12 weeks of
available FMLA leave per a 12-month period. All other requirements and
provisions under the FMLA will apply. In no case will the total amount of
leave —whether paid or unpaid —granted to the employee under the FMLA
exceed 12 weeks during the 12-month FMLA period. Please refer to the Family
and Medical Leave Policy for further guidance on the FMLA.
2. After the paid parental leave (and any short-term disability leave for employees
giving birth) is exhausted, the balance of FMLA leave (if applicable) will be
compensated through employees accrued sick and personal leave. Upon
exhaustion of accrued sick and personal time, any remaining leave will be unpaid
leave. Please refer to the Family and Medical Leave Policy for further guidance
on the FMLA.
3. The company will maintain all benefits for employees during the paid parental
leave period just as if they were taking any other company -paid leave such as
personal leave or paid sick leave.
4. If a company holiday occurs while the employee is on paid parental leave, such
day will be charged to holiday pay; however, such holiday pay will not extend
the total paid parental leave entitlement.
5. If the employee is on paid parental leave when the company offers administrative
leave known as an "admire day"), that time will be recorded as paid parental leave.
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EXHIBIT "B"
4.1.b
Administrative leave will not extend the paid parental leave entitlement.
6. An employee who takes paid parental leave that does not qualify for FMLA leave
will be afforded the same level of job protection for the period that the employee
is on paid parental leave as if the employee were on FMLA-qualifying leave.
7. Please refer to the Adoption Benefit Policy for additional information about other
employee benefits related to the adoption process.
d. Requests for Paid Parental Leave
1. The employee will provide their supervisor and the human resource department
with notice of the request for leave at least 30 days prior to the proposed date of
the leave (or if the leave was not foreseeable, as soon as possible). The employee
must complete the necessary Human Resources forms and provide all
documentation as required by the Human Resources Department to substantiate the
request.
2. As is the case with all company policies, the organization has the exclusive right to
interpret this policy.
9. LEAVE OF ABSENCE WITHOUT PAY
a. Generally
Should a situation arise that temporarily prevents an employee from working, they may be eligible for a
personal Leave of Absence without pay. However, employees must be employed for at least 3 months prior
to the requested leave. The provisions of this Leave of Absence without Pay is different from FMLA Leave.
Any request for a leave of absence without pay must be submitted in writing as far in advance as possible
and it will be reviewed on a case -by -case basis by the Executive Director. The decision to approve or
disapprove is based on the circumstances, the length of time requested, the employee's job performance and
attendance and punctuality record, the reasons for the leave, the effect the employee's absence will have on
the work in the department, and the expectation that the employee will return to work when the leave
expires.
Leaves of absence will be considered only after all personal time off, sick, and compensatory time have
been exhausted.
b. Continuing Benefit Plan Coverage
While on a personal unpaid leave of absence employee's medical coverage will end on the 1st day of the
month following the start of such leave. Employees will have the opportunity of continuing their benefits
for a maximum period of 18 months by paying monthly premiums as required by COBRA legislation.
Unemployment Insurance benefits cannot be collected while on a leave of absence without pay.
c. Salary Action
Any planned salary increases for an employee returning from an unpaid leave of absence without pay will
be deferred by the length of the leave.
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EXHIBIT "B"
4.1.b
d. Performance Appraisal
The normal performance appraisal date of an employee on an unpaid leave of absence without pay will be
extended by the length of the leave.
e. Returning/Not Returning from a Leave of Absence
Due to the nature of our business, the SEOPW CRA cannot guarantee either that an employee's job will
remain available or that a comparable position will exist when return from unpaid leave is sought. When
an employee is ready to return from a leave of absence without pay, the SEOPW CRA will attempt to
reinstate the employee to their former position or to one with similar responsibilities. However, if the
position or a similar position is not available, the employee will be terminated.
Han employee does not return from an unpaid leave of absence without pay, the termination date is the last
day of the authorized leave period or the date the employee notifies their supervisor/manager they are not
returning, whichever is sooner.
10. DOMESTIC VIOLENCE LEAVE POLICY
a. Eligibility
Eligible employees are provided up to 3 days unpaid leave in any 12-month period if the employee or a
family or household member of the employee is the victim of domestic violence. An employee may use
the leave for one of the following reasons:
1. To seek an injunction for protection against domestic violence or an
injunction for protection in cases of repeat violence, dating violence or
sexual violence;
2. To obtain medical care or mental health counseling, or both, for the
employee or a family or household member to address physical or
psychological injuries resulting from the act of domestic violence;
3. To obtain services from a victim -services organization, including but not
limited to, a domestic violence shelter or program or a rape crisis center as
a result of the act of domestic violence;
4. To make the employee's home secure from the perpetrator of the domestic
violence or to seek new housing to escape the perpetrator; or
5. To seek legal assistance in addressing issues arising from the act of
domestic violence or to attend and prepare for court related proceedings
arising from the act of domestic violence.
Additionally, an employee seeking leave under this policy must:
1. Have been employed by the SEOPW CRA for 3 months or longer;
2. Except in cases of imminent danger to the health or safety of the employee,
or to the health or safety of a family or household member, must provide
to the SEOPW CRA with at least 14 days advance notice or such shorter
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EXHIBIT "B"
4.1.b
notice as is practicable (i.e., within 1 or 2 business days of learning of the
need for the leave);
3. In cases of imminent danger to the health or safety of the employee, or the
health or safety of a family or household member, must provide notice of
the need for leave to the SEOPW CRA as soon as practicable (i.e., within
1 or 2 business days of learning of the need for the leave);
4. Provide the SEOPW CRA with sufficient documentation, to the sole
satisfaction of the SEOPW CRA, of the act of domestic violence (e.g.,
police report, court record, proof of assistance from a social services
agency, etc.); and
5. Exhaust all annual or personal time off leave, sick leave, compensatory
time, if applicable, before using any leave under this policy.
All information relating to an employee's leave under this policy shall be kept confidential, to the extent
provided by law. This Policy does not limit the SEOPW CRA's right to discipline or terminate any
employee for any lawful reason and does not affect the at -will nature of employee's employment.
b. Definitions
For purposes of this Policy:
• "Domestic Violence" means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false
imprisonment, or any criminal offense resulting in physical injury or death of one
family or household member by another family or household member, or any crime,
of which the underlying factual basis has been found by a court to include an act of
domestic violence.
• "Family or Household Member" means spouses, registered domestic partner, former
spouses, persons related by blood or marriage, persons who are presently residing
together as if a family or who have resided together in the past as a family, and persons
who are parents of a child in common regardless of whether they have been married.
Except for persons who have a child in common, the family or household members
must be residing or have resided together in the same single dwelling unit.
■ "Victim" means any individual who has been subjected to domestic violence.
E. EMPLOYEE BENEFITS
1. DISCLAIMER
The SEOPW CRA has established a variety of employee benefit programs designed to assist you and your
eligible dependents in meeting the financial burdens that can result from illness and disability, and to help
you plan for retirement. This portion of the Handbook contains a very general description of the benefits
to which you may be entitled as an employee of the SEOPW CRA. Please understand that this general
explanation is not intended to, and does not, provide you with all the details of these benefits. Therefore,
this Handbook does not change or otherwise interpret the terms of the official plan documents. Your rights
can be determined only by referring to the full text of the official plan documents, which are available for
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4.1.b
your examination from the Finance Department. To the extent that any of the information contained in this
Handbook is inconsistent with the official plan documents, the provisions of the official documents will
govern in all cases.
Please note that nothing contained in the benefit plans described herein shall be held or construed to create
a promise of employment or future benefits, or a binding contract between the SEOPW CRA and its
employees, retirees or their dependents, for benefits or for any other purpose. All employees shall remain
subject to discharge or discipline to the same extent as if these plans had not been put into effect.
As in the past, SEOPW CRA reserves the right, in its sole and absolute discretion, to amend, modify or
terminate, in whole or in part, any or all of the provisions of the benefit plans described herein, including
any health benefits that may be extended to retirees and their dependents, consistent with applicable law.
Further, the SEOPW CRA reserves the exclusive right, power and authority, in its sole and absolute
discretion, to administer, apply and interpret the benefit plans described herein, and to decide all matters
arising in connection with the operation or administration of such plans.
For more complete information regarding any of our benefit programs, please refer to the Plan Descriptions,
which were provided to you separately or contact the Finance Department. If you lost or misplaced those
descriptions, please contact the Finance Department for a copy.
2. HEALTH AND DENTAL INSURANCE
The SEOPW CRA provides medical and dental insurance coverage for all eligible employees, in accordance
with the terms of the plan description, or as determined by the Executive Director. Your election is
generally fixed for the remainder of the plan year. However, if you undergo a change in family status (as
defined in the plan description), you may make a mid -year change in coverage (i.e., you may change
coverage from individual to family or from family to individual, add or delete dependents, or revoke
coverage) provided you do so within the timeframe provided by the plan description. Please contact the
Finance Department to determine if a family status change qualifies under the plan description and IRS
regulations.
At the end of each calendar year, during open enrollment, you are free to change your medical elections
(including your choice of medical carriers) for the following calendar year, whether you have a change in
family status. The Finance Department will help you make the necessary enrollment arrangements. A
complete description of the plans is provided to each employee as plan descriptions and appropriate
supplements.
Medical insurance coverage is only available to employees after the initial 90 days of employment.
3. 401(k) PLAN/457 PLAN
The SEOPW CRA offers a 401(k) plan, a voluntary pre-tax salary reduction plan, in which regular full-
time employees may elect to participate beginning with the first payroll period administratively feasible
after employment. Employees may also wish to learn about the 457 Plan offered by the SEOPW CRA.
Further details about the 401(k) and/or 457 plans may be obtained from the Finance Department and the
plans' document. Contributions or matching by the SEOPW CRA may change at the discretion of the
Executive Director based upon budgetary priorities.
4. WORKERS' COMPENSATION BENEFITS
The SEOPW CRA is covered under Florida's Workers' Compensation Laws. Should you sustain a work -
related injury, you must immediately notify your supervisor and the Finance Department. Should your
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4.1.b
injury require the attention of a doctor, you can obtain a list of approved physicians by calling our Workers'
Compensation Carrier's Physician Network Referral Unit. The Finance Department will provide the
Referral Unit's telephone number. In an emergency, you should go to the nearest hospital emergency room
for treatment and then use the Network Referral Unit if more treatment is needed.
5. TUITION REIMBURSEMENT
Regular, full-time employees will become eligible for tuition reimbursement upon completion of the 90
days of consecutive employment.
If the Executive Director agrees to support an employee's academic efforts and believes that the employee's
general job performance warrants such belief, the SEOPW CRA will partially reimburse the employee for
tuition for certain courses, degree, professional or certification programs that it believes, in its sole
discretion, are job -related. Eligible courses must be directly and substantially related to an employee's
improving productivity in their current job. Costs for textbooks and materials will not be reimbursed
to the employee. The amount an employee receives will depend on the Executive Director's approval and
upon the grade received and will not exceed an annual reimbursement of seven thousand dollars ($7,000.00)
per fiscal year. An employee will be required to enter into a reimbursement agreement agreeing to
reimbursement the SEOPW CRA for any tuition reimbursement received should the employee leave the
employment of the SEOPW CRA within twelve (12) months of receiving reimbursement.
To receive tuition reimbursement, an employee must submit a written request to the Executive Director.
Said request must be approved before the course begins. Once the employee receives their grade or proof
of program completion, the employee must submit a final tuition bill/invoice and the final grades or
certificate of completion to the Finance Department for review. The employee must receive a "C" or higher
(or equivalent grading on some other scale) in the course to qualify for reimbursement.
If an employee resigns or is terminated before receiving a grade or completing the coursework or
certification program, the employee will not be reimbursed for tuition expenses. fan employee resigns
within twelve (12) months after receiving reimbursement, the value of the reimburs mc7t shall be deducted
from the employee's final paycheck.
Notwithstanding the aforementioned, the Executive Director has the sole discretion to suspend the
implementation of this policy based upon budgetary priorities.
F. ON THE JOB
1. ATTENDANCE, PUNCTUALITY AND DEPENDABILITY
Because the SEOPW CRA depends heavily upon its employees, it is important that employees attend work
as scheduled. Dependability, attendance, punctuality, and a commitment to do the job right are always
essential. As such, employees are expected at work on all scheduled workdays and during all scheduled
work hours and to report to work on time. Moreover, an employee must personally notify their supervisor
or the Finance Department as far in advance as possible but not later than one hour before their scheduled
starting time if they expect to be late or absent. This policy applies for each day of their absence. An
employee who fails to contact their immediate supervisor or the Finance Department may be
considered to be voluntarily resigning from the SEOPW CRA. The employee's supervisor keeps a
careful record of absenteeism and lateness and becomes part of the personnel record. To the extent permitted
by law, absenteeism and lateness lessen an employee's chances for advancement and may result in
suspension without pay and dismissal.
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4.1.b
2. REMOTE WORK POLICY
SEOPW CRA considers working remotely to be a viable alternative work arrangement in cases where
individual, job and supervisor characteristics are well suited to such an arrangement. Accordingly, the
SEOPW CRA provides eligible employees with the opportunity to work remotely. Working from home is
a privilege, not a job entitlement and requires prior managerial approval for both regular and irregular
working from home, except in emergency circumstances. Anytime you work remotely you must ensure you
follow all our work from home guidance outlined below.
The SEOPW CRA will determine the viability of remote work arrangements on a case -by -case basis. It will
consider a variety of factors including, but not limited to, the employee's amount of daily personal
interaction with others (employees, clients, and vendors), the employee's technical capabilities, any
hardship on other team members, the employee's job performance, and the employee's ability to work
independently.
When an employee is granted the opportunity to work remotely, the employee and employee's supervisor
shall determine the minimum equipment and software necessary for the employee to complete assignments
from the remote location in a timely, efficient and professional manner. In determining which equipment
(if any) shall be provided by the SEOPW CRA, the supervisor may consult other departments within the
SEOPW CRA as to appropriateness and availability.
a. Working Remotely
Employees authorized to work remotely must adhere to the following guidelines:
1. You will perform all job duties at least at a high-performance level.
2. You will maintain normal interactions with your supervisor, co-workers, or team members.
3. Your schedule will not adversely affect the ability of other company employees, your team
and other teams to perform their jobs.
4. As business needs change and with reasonable notice, you will be expected to adjust your
work schedule to meet department needs.
5. You will use your laptop camera to be present in all virtual meetings.
6. You will be active on the SEOPW CRA communications platform and notify your team
when you need to step away for an extended period of time.
7. Working from home is not designated as a substitute for child, elder, or other dependent
care. Employees with caretaking responsibilities must make appropriate arrangements for
their dependents to be supervised away from the work area during work hours.
8. You will establish a safe and appropriate work environment for remote work purposes,
which includes implementing good information security practices at your remote work
location and ensuring the protection of proprietary SEOPW CRA and customer information
accessible from your remote work location in accordance with the SEOPW CRA's policies.
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4.1.b
9. All your obligations and responsibilities, and terms and conditions of employment, with
the company remain unchanged.
10. You will, at your own expense, maintain high speed Internet service at your remote work
location.
11. When working in a public area, you must take all reasonable steps to ensure the
confidentiality and security of any confidential information. You should ensure that any
documents/laptop screens are, as much as possible, not visible to members of the public.
You will also be required to observe the conditions set out in any other SEOPW CRA
policies regarding data security and confidential information.
12. Any non-compliance with this agreement may result in modification or termination of the
flexible work arrangement or your employment.
b. Additional Guidelines:
1. You are expected to be in the office on any day that in -person attendance is requested or
required.
2. You must request to work from home as far in advance as possible but at least the night
before unless it is an absolute emergency. The request must be submitted to your
supervisor. Generally, texting the morning of is not acceptable and impacts the rest of the
team. You are expected to keep your calendar up to date and indicate when you are working
from home.
3. Employees who work remotely are responsible for paying ongoing operating costs
associated with their remote work locations, costs associated with non -company issued
phone services, high-speed Internet fees, utility costs and homeowner's or renter's
insurance.
4. Unless expressly authorized to do so, an employee may not purchase or rent equipment on
behalf of the SEOPW CRA.
3. DRUG & ALCOHOL ABUSE
The manufacture, distribution, dispensation, possession, or use of any illegal drug, alcohol, or controlled
substance while on SEOPW CRA premises is strictly prohibited. These activities constitute serious
violations of SEOPW CRA rules, jeopardize the SEOPW CRA and can create situations that are unsafe or
that substantially interfere with job performance. Employees violating the policy are subject to appropriate
disciplinary action, including termination. Additionally, SEOPW CRA reserves the right to require an
employee to undergo a medical evaluation under appropriate circumstances. Any employee who is arrested
to a criminal drug or alcohol related offense must report it to the Executive Director and supervisor within
three (3) days of the arrest. Any employee who is convicted (including a term of probation or community
control) or agrees to enroll in a pre-trial diversion program for a drug or alcohol related offense must report
it to the Executive Director and supervisor on the same day of the case disposition.
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4.1.b
The SEOPW CRA is determined to eliminate the use of illegal drugs, alcohol, and controlled substances at
its work site. The purpose of this program is to improve job safety on all projects. This program is designed
solely for our employees' benefit to provide reasonable safety on the job and protection from offending
individuals. In addition, this program attempts to meet our responsibility to the public, whom we serve.
Drugs and alcohol tests will be administered under the following conditions:
• when an employee shows signs of impairment on the job (i.e., reasonable suspicion);
• after any accident or occurrence on the job when it appears that the employee might reasonably
have avoided the accident or minimized the consequences, but did not do so;
• ffd special risk or mandatory testing positions will be required to pass apre-employment drug-
ening test as a condition of employment.
Employees who refuse to submit to drug and alcohol testing will be terminated.
Nothing herein shall alter the at -will employment relationship. Employment may be terminated either by
the SEOPW CRA or the employee at any time, for any reason or no reason at all.
Employees should refer to SEOPW CRA's Drug and Alcohol Free Workplace Policy for more information
about SEOPW CRA's policies and procedures.
4. APPEARANCE AND CONDUCT
The SEOPW CRA expects employees to always maintain a neat, well-groomed appearance. Employees
should always appear professional. The SEOPW CRA requires order and discipline to succeed and to
promote efficiency, productivity, and cooperation among its employees. The orderly and efficient
operations of the SEOPW CRA require that employees maintain proper standards of conduct.
Employees who fail to maintain proper standards of conduct toward their work, their co-workers, or the
public, or who violate any of the SEOPW CRA's policies, are subject to appropriate disciplinary action, up
to and including suspension without pay and discharge.
All instances of misconduct should be referred to the Executive Director or designee immediately.
5. ANTI -NEPOTISM POLICY
The employment of relatives, domestic partners, or those in a casual or committed dating relationship with
current SEOPW CRA employee can cause various problems, including charges of favoritism, conflicts of
interest, family discord and scheduling conflicts that work to the disadvantage of both the SEOPW CRA
and its employees. Therefore, it is the policy of the SEOPW CRA not to hire a close relative, domestic
partner or dating acquaintance (casual or committed) of any current employee in any capacity.
For purposes of this policy, the tern "close relative" includes the following relationships, whether
established by blood, marriage, or other legal action: mother, father, husband, wife, son, daughter, sister,
brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, step -child,
aunt, uncle, nephew, niece or cousin, grandparents, and grandchildren. This policy shall also apply to the
domestic partners, any person who is engaged to be married to an employee or who otherwise self -identifies
as, or is generally known as, the person who the employee intends to marry or with whom the employee
intends to form a household; any other person having the same legal residence as the employee; or any
person in a casual or dating relationship with a SEOPW CRA employee.
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EXHIBIT "B"
4.1.b
When a situation occurs which results in a violation of this policy, one of the employees involved will be
required to resign or otherwise be discharged. Employees will be permitted to determine which of them
will resign and will be required to inform the SEOPW CRA of their decision within a 30-day period from
notice of the violation. If the employees cannot decide, the SEOPW CRA will decide in its sole discretion
who will remain employed.
6. NON -FRATERNIZATION POLICY
The purpose of this policy is to recognize the SEOPW CRA's responsibility to promote a fair and productive
work environment for everyone and to provide guidelines and restrictions applicable to the employment of
individuals engaged in close personal relationships (fraternization). Potential problems posed by dating and
romance in the workplace may include conflicts of interest, sexual harassment and discord that can interfere
with the productivity of employees and/or the proper conduct of SEOPW CRA business.
By its discouragement of romantic and sexual relationships, the SEOPW CRA does not intend to inhibit
the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should
be an important part or extension of the working environment; and the policy articulated above is not to be
relied upon as justification or excuse for a supervisor's/manager's refusal to engage in such social interaction
with employees.
a. Definitions
Close personal relationship - A close personal relationship includes dating, cohabitation,
and/or having an intimate sexual relationship. Dating includes, but is not limited to, casual
dating, serious dating, casual sexual involvement where the parties have no intention of
carrying on a long-term relationship, cohabitation and any other conduct or behavior
normally associated with romantic or sexual relationships. This definition applies
regardless of the sexual orientation or gender of the employees involved.
b. Reporting and Compliance
1. If a romantic or sexual relationship between a supervisor/manager and an
employee should develop, it shall be the responsibility and mandatory obligation
of the supervisor/manager to promptly disclose the existence of the relationship to
the Executive Director. The employee may also make the disclosure, but the
burden of doing so shall be on the supervisor/manager.
2. Directors, managers, supervisors or other SEOPW CRA officials shall not
recommend or advocate the appointment, employment, promotion or advancement
in or to any position in the SEOPW CRA of any individual with whom they have
a close personal relationship.
3. Directors, managers, supervisors or other SEOPW CRA officials are prohibited
from having close personal relationships with their subordinate personnel. Any
such existing relationship must be disclosed by both employees to the Executive
Director and Human Resources so that immediate steps, such as transfer, voluntary
resignation or dismissal from employment, can be taken to resolve conflict with
this policy.
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4.1.b
4. Individuals shall not be selected for any position in, or transfer to, the same unit or
department where they have a close personal relationship with an employee who
serves as in a supervisory capacity.
5. Non -managerial or supervisory employees within a department are also
discouraged from having close personal relationships with co-workers. All such
relationships must be disclosed by both employees to the Department Director and
may result in requiring that the employee's work different shifts; that one
employee be transferred to a different department; that one employee be assigned
to another facility, squad, division, or work unit; or other action determined to be
appropriate by the SEOPW CRA.
6. Upon being informed or learning of the existence of such a relationship, the
SEOPW CRA may take all steps that it, in its discretion, deems appropriate. At a
minimum, the employee and supervisor/manager will not thereafter be permitted
to work together on the same matters (including matters pending at the time
disclosure of the relationship is made), and the supervisor/manager must withdraw
from participation in activities or decisions (including, but not limited to, hiring,
evaluations, promotions, compensation, work assignments and discipline) that
may reward or disadvantage any employee with whom the supervisor/manager has
or has had such a relationship.
7. In addition, to enable the SEOPW CRA to deal effectively with any potentially
adverse consequences such a relationship may have for the working environment,
any employee who believes that they have been adversely affected by such a
relationship, notwithstanding its disclosure, should make their view about the
matter known to the Executive Director.
8. This policy shall apply without regard to gender and without regard to the sexual
orientation of the participants in a relationship of the kind described.
9. Failure to disclose the relationship's existence, in accordance with this policy,
may lead to disciplinary action up to and including termination.
c. Employee Conduct
1. During working time and in working areas, employees are expected to conduct
themselves in an appropriate workplace manner that does not interfere with others
or with overall productivity.
2. During non -working time, such as lunches, breaks, and before and after work
periods, employees engaging in personal exchanges in nonwork areas should
observe an appropriate workplace manner to avoid offending other workers or
putting others in an uncomfortable position.
3. Employees are strictly prohibited from engaging in physical contact that would in
any way be deemed inappropriate in the workplace by a reasonable person while
anywhere on SEOPW CRA premises, whether during working hours or not.
4. Employees who allow their personal relationships with co-workers to adversely
affect the work environment will be subject to disciplinary action as determined
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4.1.b
by the Executive Director. Failure to maintain expected work responsibilities and
office decorum is viewed as a serious disciplinary matter.
5. Employee off -duty conduct is generally regarded as private, if such conduct does
not create problems within the workplace. An exception to this principle, however,
is romantic or sexual relationships between directors, supervisors or managers and
their subordinates (direct or indirect).
6. When a conflict -of -interest or potential risk is identified due to a company official's
relationship with a co-worker, the SEOPW CRA will work with the parties
involved to consider options for resolving the problem. The initial solution may
be to make sure the parties no longer work together on matters where one is able
to influence the other or act for the other. Matters such as hiring, firing,
promotions, performance management, compensation decisions and financial
transactions are examples of situations that may require reallocation of duties to
avoid any actual or perceived reward or disadvantage. In some cases, other
measures may be necessary, such as the transfer of one or both parties to other
positions and depaitinents within the SEOPW CRA. If one or both parties refuse
to accept a reasonable solution to the conflict of interest, such refusal will be
deemed a voluntary resignation.
7. Failure to cooperate with the SEOPW CRA to resolve a conflict or problem caused
by a romantic or sexual relationship between co-workers or among managers,
supervisors or others in positions of authority in a mutually agreeable fashion may
be deemed insubordination and result in disciplinary action up to and including
termination.
8. The provisions of this policy apply regardless of the sexual orientation of the
parties involved.
9. Where doubts exist as to the specific meaning of the terms used above, employees
should make judgments based on the overall spirit and intent of this policy.
10. Any concerns about the administration of this policy should be addressed to the
Finance Department or the Executive Director.
d. Violations of this Policy
Any employee found to be in violation of this policy is subject to disciplinary action up to and including
termination depending on the circumstances. An individual who is employed, promoted or advanced as the
result of a director's, manager's or supervisor's violation of this policy shall, at a minimum, be returned to
the status occupied prior to the violation.
Should an employee not accept an offer to transfer to another division or department, as applicable, the
employee may be dismissed. It shall be within the sole discretion of the Executive Director to determine
which employee to dismiss based on the underlying circumstances and in the best interests of the SEOPW
CRA.
7. VIOLENCE IN THE WORKPLACE
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4.1.b
The SEOPW CRA strongly believes that all employees should be treated with dignity and respect. Acts of
violence will not be tolerated. Any instances of violence must be reported to the employee's supervisor
and/or the Executive Director or designee. All complaints will be fully investigated.
The SEOPW CRA will promptly respond to any incident or suggestion of violence. Violation of this policy
will result in disciplinary action, up to and including suspension without pay and/or immediate discharge.
To maintain the safety and security of its employees and guests, the SEOPW CRA prohibits the possession
of weapons in its offices. Additionally, while on duty, employees may not carry a weapon of any type on
their person. Examples of banned weapons include handguns, stun guns, knives, mace, pellet guns, rifles,
batons and blackjacks.
S. ACCIDENTS AND EMERGENCIES
Maintaining a safe work environment requires the continuous cooperation of all employees. The SEOPW
CRA strongly encourages employees to communicate with fellow employees and their supervisor regarding
safety issues.
All employees will be provided with care, first -aid and emergency service, as required, for injuries or
illnesses while on SEOPW CRA premises. Employees should contact their supervisor, the nearest
supervisor, and/or 911 in an accident or emergency.
If an employee is injured on the job, the SEOPW CRA provides coverage and protection in accordance
with the Worker's Compensation Law. When an injury is sustained at work, it must be reported immediately
to the employee's supervisor, who will notify the Finance Department of the incident. Failure to report
accidents is a serious matter as it may preclude an employee's coverage under Worker's Compensation
Insurance.
9. OPEN DOOR POLICY
The SEOPW CRA promotes an atmosphere whereby employees can talk freely with members of
management. Employees are encouraged to openly discuss any problems with their supervisor so
appropriate action may be taken. If the supervisor cannot be of assistance, the Executive Director is
available for consultation and guidance. The SEOPW CRA is interested in our employees' success and
happiness with us. We, therefore, welcome the opportunity to help employees whenever feasible.
This Policy does not replace the complaint procedure contained in the Non -Discrimination and Anti -
Harassment Policy in this handbook.
10. USE OF BULLETIN BOARDS
Bulletin boards maintained by the SEOPW CRA are to be used only for posting or distributing material of
the following nature:
• notices containing matters directly concerning SEOPW CRA business;
• announcements of a business nature which are equally applicable and of interest to employees.
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All posted material must have authorization from the Executive Director. All employees are expected to
check these bulletin boards periodically for new and/or updated information and to follow the rules set forth
in all posted notices. Employees are not to remove material from the bulletin boards.
11. COMPUTER AND TELEPHONE SYSTEMS POLICY
The computer hardware, software, electronic mail, voice mail, telephone and other computer or electronic
communication or data storage systems ("Computer and Telephone Systems") are the property of SEOPW
CRA. Every employee is responsible for using the Computer and Telephone Systems properly and in
accordance with this policy. Any questions about this policy should be addressed to the Finance
Department.
The SEOPW CRA has provided the Computer and Telephone Systems for use in conducting the SEOPW
CRA's business. All communications and information transmitted by, received from, or stored in these
systems are records and property of SEOPW CRA. The Computer and Telephone Systems are to be used
for the SEOPW CRA purposes only. Excessive use of the Computer and Telephone Systems for personal
purposes is prohibited.
a. No Expectation of Privacy
Employees have no right to personal privacy in any matter stored in, created, received, or sent over the
Computer and Telephone Systems. The SEOPW CRA has the right, but not the duty, to monitor any and
all of the aspects of its Computer and Telephone Systems, including, without limitation, reviewing
documents created and stored on its Computer and Telephone Systems, deleting any matter stored in its
Computer and Telephone Systems (including, without limitation, its e-mail, texts, database and word
processing systems), monitoring sites visited by employees on the Internet, monitoring chat and news
groups, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and
received by users. Further, the SEOPW CRA may exercise its right to monitor its Computer and Telephone
Systems for any reason and without the permission of any employee. Employee use of the SEOPW CRA's
Computer and Telephone Systems constitutes consent to all the terms and conditions of this policy.
Even if employees use a password to access any of the SEOPW CRA's Computer and Telephone Systems,
the confidentiality of any message stored in, created, received, or sent from the Computer and Telephone
Systems still cannot be assured. Use of passwords or other security measures does not diminish SEOPW
CRA's rights to access materials on its systems or create any privacy rights of employees in the messages
and files on the systems. Any password used by employees must be revealed to the SEOPW CRA as files
may need to be accessed in an employee's absence or for any other reason that the Executive Director deems
appropriate.
b. Professional Use of Computer and Telephone Systems Required
The SEOPW CRA's policies against discrimination and harassment, sexual or otherwise, apply fully to its
Computer and Telephone Systems, and any violation of those policies is grounds for discipline up to and
including discharge. Therefore, no e-mail messages should be created, sent, or received if they contain
intimidating, hostile, or offensive material concerning race, color, religion, gender/sex, age, national origin,
disability, genetic information, pregnancy, sexual orientation, marital status, or any other classification
protected by law. Similarly, fraudulent material, harassing, embarrassing, sexually explicit, profane,
obscene, intimidating, defamatory, or otherwise unlawful, inappropriate, offensive (including offensive
material concerning sex, race, color, national origin, religion, age, disability, genetic information,
pregnancy, sexual orientation, marital status or other characteristic protected by law) may not be
downloaded from the Internet or displayed or stored in the SEOPW CRA's computers. Employees
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4.1.b
encountering or receiving this kind of material should immediately report the incident to the Executive
Director or designee.
The SEOPW CRA may (but is not required) use software to identify inappropriate or sexually explicit
Internet sites. Such sites may be blocked from access by the SEOPW CRA and/or the City of Miami's
networks. Notwithstanding the foregoing, the SEOPW CRA is not responsible for material viewed or
downloaded by users from the Internet. The Internet is a worldwide network of computers that contains
millions of pages of information. Users are cautioned that many of these pages include offensive, sexually
explicit, and inappropriate material. In general, it is difficult to avoid at least some contact with this material
while using the Internet. Even innocuous search requests may lead to sites with highly offensive content.
In addition, having an e-mail address on the Internet may lead to receipt of unsolicited e-mail containing
offensive content. Users accessing the Internet do so at their own risk. Employees who encounter
inappropriate or sexually explicit material while browsing on the Internet should immediately disconnect
from the site, regardless of whether the site was subject to SEOPW CRA's blocking software.
The Computer and Telephone Systems may not be used to solicit for religious or political causes,
commercial enterprises, outside organizations, or other non -job -related solicitations.
The Computer and Telephone Systems shall not be used to send, upload, receive, or download copyrighted
materials, trade secrets, proprietary financial information, confidential information or similar materials
without prior authorization from the Executive Director. Employees, if uncertain about whether certain
information is copyrighted, proprietary, or otherwise inappropriate for transfer, should resolve all doubts in
favor of not transferring the information and consult the SEOPW CRA's counsel, through the Executive
Director.
Employees are reminded to be courteous to other system users and always to behave professionally. E-
mails and texts are sometimes misdirected or forwarded and may be viewed by people other than the
intended recipient. Users should write e-mail communications with no less care, judgment and
responsibility than they would use for letters or internal memoranda written on the SEOPW CRA's
letterhead.
c. Limitations on Internet Use
Although the SEOPW CRA recognizes that the Internet may have useful applications to the SEOPW CRA's
business, employees may not engage in Internet use (including but not limited to social media sites) without
prior approval from the Executive Director, and unless a specific business purpose requires such use.
"Surfing the Net," playing games, or downloading entertainment software, including wallpaper and screen
savers, are not legitimate business activities, and therefore, strictly prohibited.
Approval is required before anyone can post any information on commercial on-line systems or the Internet.
Any approved material that is posted should contain all proper copyright and trademark notices. Absent
prior approval from the Executive Director or designee to act as an official representative of the SEOPW
CRA, employees posting information must include a disclaimer in that information stating, "Views
expressed by the author do not necessarily represent those of the SEOPW CRA. Without the express
permission of their supervisors, employees may not send unsolicited e-mail to persons with whom they do
not have a prior relationship.
d. Social Media/Blogging/Social Networking
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EXHIBIT "B"
4.1.b
The SEOPW CRA respects the right of any employee to maintain a blog or web page or to participate in a
social networking, twitter or similar site. However, to protect the SEOPW CRA's interests and ensure
employees focus on their job duties, employees must adhere to the following rules:
• Employees may not post on a blog or web page or participate in a social networking, twitter or
similar site during working time or at any time with the SEOPW CRA's equipment or property.
• All rules regarding confidential, exempt and proprietary business information apply in full to blogs,
web pages, social networking, twitter and similar sites. Any information that cannot be disclosed
through a conversation, a note or an e-mail also cannot be disclosed in a blog, web page, social
networking, twitter or similar site.
• Whether an employee is posting something on their own blog, web page, social networking, twitter
or similar site or on someone else's, if an employee mentions the SEOPW CRA and also expresses
either a political opinion or an opinion regarding the SEOPW CRA's actions, the poster must
include a disclaimer which specifically states that the opinion expressed is his/her personal opinion
and not the SEOPW CRA's position. This is necessary to preserve SEOPW CRA's goodwill.
• Be respectful of your potential readers and colleagues. Please do not use discriminatory comments,
personal insults, libel or slander when commenting about the SEOPW CRA, your superiors, co-
workers or the public. Please note that all SEOPW CRA's policies, including those on harassment,
sexual harassment and discrimination, apply to employee use of social networking and media. Any
conduct which is impermissible under the law if expressed in any other form or forum is
impermissible if expressed through a blog, web page, social networking, twitter or similar site. For
example, posted material that is discriminatory, harassing, obscene, defamatory, libelous or
threatening is forbidden. The SEOPW CRA's policies apply equally to employee blogging.
The SEOPW CRA encourages all employees to keep in mind the speed and way information posted on a
blog, web page, social networking, twitter or similar site can be relayed and often misunderstood by readers.
While an employee's free time is generally not subject to any restrictions by the SEOPW CRA — except for
the limited restrictions above — SEOPW CRA prohibits employees from posting information regarding the
SEOPW CRA or their jobs which could embarrass or upset co-workers, or which could detrimentally affect
the SEOPW CRA's business. Failure to abide by this may lead to disciplinary action, up to and including
termination.
Employees with any questions should review the guidelines above and/or consult with their supervisor
and/or the Executive Director.
e. Maintaining and Securing the Systems
Files obtained from sources outside the SEOPW CRA, including disks brought from home; files
downloaded from the Internet, news groups, bulletin boards, or other online services; files attached to e-
mail; and files provided by customers or vendors may contain dangerous computer viruses that may damage
the SEOPW CRA/City of Miami's computer network. Employees should never download files from the
Internet, accept e-mail attachments from outsiders, or use disks from non-SEOPW CRA source without
first scanning the material with SEOPW CRA-approved virus checking software. If you suspect that a virus
has been introduced into the SEOPW CRA's network, notify the City's IT Department immediately.
f. Violations of Policy
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EXHIBIT "B"
4.1.b
Any employee who discovers misuse of any of the Computer and Telephone Systems should immediately
contact the Executive Director or designee. Violations of the SEOPW CRA's Computer and Telephone
Systems policy may result in disciplinary action up to and including termination. The SEOPW CRA
reserves the right to modify this policy at any time, with or without notice.
Employees must sign the Computer and Telephone Systems Policy Acknowledgment Form as a condition
of employment. The form is to be signed on acceptance of an employment offer by the SEOPW CRA.
12. SOCIAL MEDIA POLICY
At the SEOPW CRA, we understand that social media can be a fun and rewarding way to share your life
and opinions with family, friends and co-workers around the world. However, the use of social media also
presents certain risks and carries with it certain responsibilities. To assist you in making responsible
decisions about your use of social media, we have established these guidelines for appropriate use of social
media. This policy applies to all employees who work for the SEOPW CRA.
a. Guidelines
In the rapidly expanding world of electronic communication, social media can mean many things. Social
media includes all means of communicating or posting information or content of any sort on the Internet,
including to your own or someone else's web log or blog, journal or diary, personal web site, social
networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated
with Company, as well as any other form of electronic communication.
The same principles and guidelines found in the SEOPW CRA's policies apply to your activities online.
Ultimately, you are solely responsible for what you post online. Before creating online content, consider
the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your
job performance, the performance of fellow associates or otherwise adversely affects members, customers,
suppliers, people who work on behalf of the SEOPW CRA or the SEOPW CRA's legitimate business
interests may result in disciplinary action, up to and including termination.
b. Know and Follow the Rules
Carefully read these guidelines and all the SEOPW CRA's employee policies to ensure your postings are
consistent with these policies. All the SEOPW CRA's policies apply to the use of social media regardless
of whether the employee is engaged in social media during working time, on the SEOPW CRA's premises
and/or through the employee's own equipment. Please remember that the SEOPW CRA's anti -harassment
and non-discrimination policies govern employee use of social media. Inappropriate postings that include
discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct
will not be tolerated and may subject you to disciplinary action, up to and including termination.
c. Be Respectful
Always be fair and courteous to fellow employees, patients, suppliers or people who work on behalf of the
SEOPW CRA. Also, keep in mind that you are more likely to resolve work related complaints by speaking
directly with your co-workers or by utilizing our Open Door Policy than by posting complaints to a social
media outlet.
You must avoid using statements, photographs, video or audio that reasonably could be viewed as
malicious, obscene, threatening or intimidating, that disparage the SEOPW CRA, co -employees, the public,
or that might constitute harassment or bullying. Examples of such conduct might include offensive posts
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EXHIBIT "B"
4.1.b
meant to intentionally harm someone's reputation or posts that could contribute to a hostile work
environment based on race, sex, disability, religion or any other status protected by law or company policy.
d. Be Honest and Accurate
Make sure you are always honest and accurate when posting information or news, and if you make a
mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet
archives almost everything; therefore, even deleted postings can be searched.
e. Exercise Care in Posting
Do not disclose personal identifying information about employees, third parties or members of the public
that you create, receive or of which you become aware during your employment. You must not disclose
trade secrets, confidential proprietary or privileged information or attorney -client privileged information.
Maintain the exempt status of records or documents deemed under Chapter 119, Florida Statutes.
Employees are prohibited from creating a link from the employee's personal blog, website or other social
networking site to the SEOPW CRA's website unless they received written approval from the Executive
Director.
Express only your personal opinions. You may not post anything in the name of SEOPW CRA or in a
manner that could be attributed to the SEOPW CRA without prior written authorization. Without
authorization, you may never represent yourself as a spokesperson for the SEOPW CRA. If the SEOPW
CRA is a subject of the content you are creating, be clear and open about the fact that you are an employee
and make it clear that your views do not represent those of the SEOPW CRA, fellow employees, people or
firms working on behalf of the SEOPW CRA, or members of the public. If you do publish a blog or post
online that identifies you as an employee of the SEOPW CRA or where you would be easily identifiable as
working for the SEOPW CRA, related to the work you do or subjects associated with the SEOPW CRA,
make it clear that you are not speaking on behalf of the SEOPW CRA. It is required to include a disclaimer
such as "The postings on this site are my own and do not necessarily reflect the views of the SEOPW CRA."
f. Using Social Media at Work
Refrain from using social media while on working time or on equipment provided by the SEOPW CRA,
unless it is work -related, as specifically authorized by your supervisor. Without prior authorization, social
media must be undertaken during non -working time in non -working areas and with non-SEOPW CRA
provided equipment. Do not use SEOPW CRA email addresses to register on social networks, blogs or
other online tools utilized for personal use.
g•
Retaliation is Prohibited
The SEOPW CRA prohibits taking negative action against any employee for reporting a possible deviation
from this policy or for cooperating in an investigation. Any employee who retaliates against another
employee for reporting a possible deviation from this policy or for cooperating in an investigation will be
subject to disciplinary action, up to and including termination.
h. Scope of this Policy
This policy does not restrict employee rights to engage in protected activity under any applicable federal,
state or local law. This policy does not prohibit discussing or disclosing information regarding your own
wages, terms and conditions of employment or the wages, terms and conditions of employment of other
employees. It also does not prohibit discussion about or criticism of SEOPW CRA's labor and employment
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EXHIBIT "B"
4.1.b
policies or treatment of employees. However, we suggest you bring such issues to the attention of your
supervisor or another member of management for resolution.
13. USE OF COMPANY VEHICLES, EQUIPMENT AND COMPUTER SYSTEMS
The SEOPW CRA provides any supplies, uniforms, equipment, automobiles and materials necessary for
you to perform your job. These items are to be used solely for the SEOPW CRA's purposes. Employees
are expected to exercise care in the use of SEOPW CRA equipment and property and use such property
only for authorized purposes. Loss, damages or theft of SEOPW CRA property should be reported at once.
Negligence in the care and use of SEOPW CRA property may be considered grounds for discipline, up to
and including termination.
a. Use of Computer System
It is the policy of the SEOPW CRA that the use of its computers and software is limited solely to appropriate
business use. Employees are not allowed to use the computer system for their personal benefit. Employees
are strictly forbidden from installing software on the system. Further, this policy reaffirms that the SEOPW
CRA's employees have no reasonable expectation of privacy with respect to any computer hardware,
software, electronic mail or other computer or electronic means of communication or storage, whether
employees have private access or an entry code into the computer system. The SEOPW CRA reserves the
right to monitor the use of its computer system. See also the Computer and Telephone Systems Policy.
b. Use of Vehicles, Equipment and Maintenance Policy
This policy provides uniform policies and procedures for SEOPW CRA employees who drive SEOPW
CRA vehicles/equipment for business purposes. Employees who drive the SEOPW CRA vehicles are the
most visible to the public therefore, the vehicle's appearance, condition and the manner of its use by
employees should therefore always represent a favorable impression of the SEOPW CRA.
i. VEHICLE/ EQUIPMENT ACCESS AND USAGE RESTRICTIONS
a. Only employees authorized by the Executive Director or designee may
operate SEOPW CRA vehicles or equipment. The use of SEOPW CRA
vehicles for personal use is prohibited. Unless expressly authorized by the
Executive Director or designee, unauthorized passengers are prohibited
from riding or operating a SEOPW CRA vehicle.
b. The SEOPW CRA limits vehicle or equipment use to official SEOPW
CRA business use only.
c. Passengers in SEOPW CRA vehicles will be confined to SEOPW CRA
employees and persons on official business with an authorized employee.
EXCEPTIONS: The Executive Director or designee is solely
authorized to approve exceptions to the authorized to approve use of
SEOPW CRA vehicles.
d. AGE LIMIT: No person, employee or otherwise, who is under 18 years
of age is permitted to operate a SEOPW CRA vehicle or equipment.
ii. LICENSING
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EXHIBIT "B"
4.1.b
All operators of SEOPW CRA vehicles must have in their immediate possession a valid
driver's license, issued by the State of Florida, and appropriate for the type of vehicle being
driven or operated. The Executive Director or designee will be responsible for distributing
a valid insurance card and vehicle registration when a vehicle is checked out by a SEOPW
CRA employee. These documents are to be kept with the vehicle as required by Florida
law. In the event these documents are missing or expired, the employee must immediately
notify the Executive Director or designee.
For any SEOPW CRA vehicle which is classified as a commercial motor vehicle, the
operator must have in their immediate possession, a valid Commercial Driver's License
(CDL) of the type and Class with all Endorsements that are required by law for the
operation of that specific vehicle.
EMPLOYEE CONDUCT AND REPORTING REQUIREMENTS
A. EMPLOYEE ARREST NOTIFICATION
SEOPW CRA employees who operate SEOPW CRA vehicles or equipment must
immediately notify their supervisor and the Executive Director or designee in
writing of any off -duty ticket(s), arrest(s), pending case(s), or conviction(s) related
to the operation of a vehicle including, but not limited to the following offenses:
1. Driving while under the influence of alcohol or drugs ("DUI");
2. Driving while suspended or revoked;
3. Reckless driving;
4. Leaving the scene of an accident -causing property damage or
bodily injury;
5. Moving violations;
6. Unauthorized operation of a vehicle by a minor;
7. Vehicular homicide; or
8. Other offenses that the SEOPW CRA believes poses a danger in
the safe operation of its vehicles/equipment.
This reporting requirement includes any and all violations regardless of the
ownership of the vehicle or the location in which the violation occurred.
B. DRIVERS LICENSE VERIFICATION
The immediate supervisor may request an employee provide proof of a valid
driver's license (or CDL) from any employee before operating any SEOPW CRA
vehicle.
The Executive Director or designee is responsible for verifying the expiration date
of the license, the class of the license, and ensuring that the license contains any
endorsements which may be required for the operation of a specific SEOPW CRA
vehicle.
C. LICENSE SUSPENSION OR REVOCATION
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EXHIBIT "B"
4.1.b
Operators of SEOPW CRA vehicle/equipment including those who hold a driver's
license, or CDL, must notify their immediate supervisor and the Executive Director
or designee in writing the next business day following a suspension, revocation,
cancellation, or other disqualification from driving any motor vehicle. Further, if
driving is considered a minimum requirement of the job, and the license is
suspended, canceled, revoked, or otherwise restricted to affect job performance the
employee must immediately notify, in writing their immediate supervisor and the
Executive Director or designee.
D. DRUG AND ALCOHOL SCREENING
Operators of any SEOPW CRA-owned or controlled vehicles are subject to related
regulations promulgated by the United States Department of Transportation.
E. OBTAINING AND MAINTAINING, UPGRADING LICENSES
For those employees required by the SEOPW CRA to secure and maintain a valid
CDL as a condition of employment, the Executive Director or designee may allow
the use of SEOPW CRA vehicle or equipment on SEOPW CRA time as required
for a CDL examination when the employee's duties include operating a SEOPW
CRA vehicle or equipment.
F. SMOKING, DRINKING, OR USE OF CONTROLLED
SUBSTANCES
No smoking, consumption of beverages or food products containing alcohol or
controlled substances, or the use of any controlled substances while operating a
SEOPW CRA-owned vehicle or equipment is strictly prohibited and may result in
immediate termination of employment.
G. ACCIDENT NOTIFICATION
All accidents, no matter how minor or inconsequential or location must be
immediately reported to the employee's supervisor and the Executive Director or
designee. In addition, a SEOPW CRA accident reporting form must be completed
and submitted within 24 hours. All accidents will be reviewed by the SEOPW
CRA's designee investigator. The finding of the investigation will be submitted
to the employee's immediate supervisor. Negligent or willful damage, waste or
theft of SEOPW CRA property will be grounds for disciplinary action up to and
including termination.
H. VEHICLE INSPECTION
1. When an employee is assigned a vehicle/equipment, the employee is
responsible for conducting an inspection (internal and external) of the
vehicle prior to driving the vehicle and upon return of the vehicle to the
SEOPW CRA at the end of his/her shift or assignment. The employee
should immediately notify the Executive Director or designee of any
damage to the vehicle. Failure to notify the SEOPW CRA of any damage
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EXHIBIT "B"
4.1.b
to the vehicle may result in disciplinary action such as a loss of vehicle
privileges or up to termination of employment.
2. When the employee observes any damage to the vehicle/equipment, the
SEOPW CRA will be responsible for maintaining a log of the damage and
determining the cause of the damage. The employee will also complete a
SEOPW CRA Vehicle/Equipment Damage Report and submit it before
his/her shift or workday ends.
3. The Executive Director or designee will conduct weekly inspections
during every Preventative Maintenance Service on all vehicles/equipment.
4. Employees will inspect the passenger compartment of their assigned
vehicle/equipment at both the beginning and the end of their shift or
assignment to ensure no waste debris or other materials are left inside the
vehicle.
5. The employee's supervisor will conduct a formal inspection once a month.
The employee will be responsible for forwarding the results of the
vehicle/equipment inspection to the Executive Director or designee upon
request.
6. When the supervisor observes any damage to said vehicle/equipment
which is otherwise unreported, they will initiate a comprehensive
investigation with documentation to include photographs. This report will
be forwarded to the Executive Director or designee. The supervisor will
log the damage, case number, and date in the vehicle damage log, which
is maintained by the Executive Director or designee.
iv. VEHICLE MAINTENANCE
A. When an employee observes that a vehicle/equipment needs repairs, they
shall immediately notify their supervisor. The employee will be instructed
to prepare a Vehicle/Equipment Service Request Form. In addition, the
supervisor will sign the employees Vehicle/Equipment Safety Inspection
Form and provide it to the Executive Director or designee for approval and
scheduling of the requested repair or maintenance.
B. Should a vehicle/equipment become disabled while being utilized by an
employee, the Executive Director or designee and their supervisor will be
notified. The vehicle should not be left unattended in an unsafe manner.
The Executive Director or designee will then become responsible for the
repair and/or the removal of the vehicle.
C. Employees should not utilize non-SEOPW CRA approved towing or
garage services without the approval of the Executive Director or
designee. Prior to leaving a vehicle/equipment, the employee should
ensure that all of his/her personal belongings are secure. If a flat tire
occurs outside of SEOPW CRA limits, the employee should contact
his/her supervisor for further direction on the course of action to be taken.
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EXHIBIT "B"
4.1.b
The supervisor will coordinate with the Executive Director or designee the
vehicle's repair.
D. Employees shall be responsible for the general maintenance and proper
care of their assigned vehicle and shall not:
• Make minor adjustments to or perform maintenance on the
vehicle/equipment unless approved by the Executive Director or
designee.
• Alter the body, general design, appearance, marking, mechanical or
electrical system.
• Drill holes in the interior or exterior of the vehicle.
• Affix any unauthorized stickers or signs to the vehicle/equipment.
• Attach any additional equipment or make modifications to the
vehicle/equipment unless first approved by the Executive Director or
designee.
E. Any modifications to the vehicle/equipment will be performed by an
approved service provider and only after the request is properly submitted
by the employee and approved by the Executive Director or designee. This
approval shall be requested in writing to Executive Director and shall
contain the following information:
(1) The type of modification or additional equipment desired; and
(2) The reason or justification for the additional equipment or
modification.
The exact type of equipment/accessory to the installed. All approved
additional equipment or accessories shall be purchased and maintained by
the SEOPW CRA. An approved service provider will perform the
installation and/or modification.
F. Properly maintained vehicles have a longer life span. Therefore, proper
vehicle/equipment maintenance is important. All vehicles of the SEOPW
CRA shall be maintained according to a maintenance schedule as required
by the manufacturer. All preventative maintenance shall be scheduled by
the Executive Director or designee. The SEOPW CRA will be responsible
for conducting inspections on a quarterly basis and for all expenses related
to the maintenance of its vehicles.
v. VEHICLE OPERATION
A. Any employee operating a SEOPW CRA vehicle/equipment is responsible
for the care and maintenance of such equipment. Employees shall check
fluid levels, lighting, tires (conditions and pressure) prior to operating the
vehicle.
B. While on duty, operators of SEOPW CRA vehicles and equipment shall
obey all traffic laws. This policy prohibits employees from driving under
the influence of drugs or alcohol. Any employee prescribed medication
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EXHIBIT "B"
4.1.b
under a doctor's orders should immediately notify their supervisor if the
drug(s) affect their driving ability.
C. SEAT BELTS MUST BE WORN AT ALL TIMES. It is mandatory
that seat belts be used by all employees/occupants of a SEOPW CRA
vehicle, at all times, without exception. It is the driver's responsibility to
ensure that all occupants fasten their seat belts prior to operating the
vehicle. Any malfunctioning seat belt should be reported to the
employee's immediate supervisor and the Executive Director or designee
and arranged to be repaired by an approved service provider for repair or
replaced immediately. The SEOPW CRA reserves the right to revoke the
driving privilege of any driver not complying with this policy.
D. SEOPW CRA vehicles shall not be parked illegally or in such a manner as
to interfere with the free movement of traffic. When a SEOPW CRA
vehicle is left unattended, it shall be properly secured by removing the
keys and locking all doors and windows. All required safety devices such
as cones, flares or warning triangles shall be used when vehicle is
unattended blocking traffic.
E. When turning a vehicle in at the end of the day, the operator shall make
sure that the vehicle/equipment is clean, fueled, and ready for use by
another employee.
F. At the end of the day or assignment, the employee must return the vehicle
promptly to the designated parking location and turn in the keys to the
designated custodian. When a vehicle/equipment must be left at a location
other than the designated SEOPW CRA location, the employee will secure
the vehicle/equipment and notify his/her supervisor and the Executive
Director or designee of the location of the vehicle and the reason the
vehicle was left unattended.
G. An employee may not use a vehicle for longer than required by the work
assignment for which it was obtained.
H. An employee may obtain fuel using a SEOPW CRA approved fuel card
unless specifically authorized by the Executive Director or designee to do
otherwise.
I. The employee should plan trips to conserve fuel consumption.
vi. DAMAGED OR STOLEN VEHICLE/EQUIPMENT
A. If an SEOPW CRA vehicle/equipment is damaged or stolen while in the
possession of an employee, the employee must immediately report the
theft or damage to the (l) City of Miami Police Department or the
appropriate police department if authorized for use outside of the SEOPW
CRA boundaries, (2) your immediate supervisor and (3) the Executive
Director or designee. The employee must obtain a copy of the police
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EXHIBIT "B"
4.1.b
report filed or the case incident report number. The employee must
provide a copy of the report or case report number to the Executive
Director or designee and your supervisor within 24 hours. The employee
should also maintain a copy of the report for your records.
B. In cases of damage to a SEOPW CRA vehicle, regardless of severity, the
employee shall immediately notify their direct supervisor.
vii. FAILURE TO COMPLY AND DISCIPLINARY ACTIONS
A. The use of a SEOPW CRA vehicle or equipment is a privilege and a
benefit and not an automatic right. Failure to comply with any portion of
the SEOPW CRA vehicle/equipment use policy may result in disciplinary
action.
B. The Executive Director has the sole authority to decide the appropriate
disciplinary actions for violation(s) of this policy. Disciplinary actions
imposed may start with a written warning for minor first offenses.
Additional violations may result in suspension and/or permanent removal
up to and including termination from use of a SEOPW CRA vehicle. In
addition, disciplinary action, up to and including termination, may be
taken against an employee as indicated in the employee personnel rules.
C. The methodology used to identify the responsible party for found damage
will be based on the last employee who accessed the vehicle or equipment,
especially in the absence of missing documentation.
c. Telephone Use
Because a large percentage of our business is conducted over the phone, it is essential to project a
professional telephone manner. Although the SEOPW CRA realizes that there are times when an employee
may need to use the telephone for personal reasons, it is expected that good judgment will be used in limiting
the length and frequency of such calls. Additionally, no long-distance personal calls may be made on
SEOPW CRA telephones without prior approval from the employee's supervisor.
14. INTERNAL INVESTIGATIONS AND SEARCHES
From time to time, SEOPW CRA may conduct internal investigations pertaining to security, auditing or
work -related matters. Employees must cooperate fully with and assist in these investigations if requested.
Whenever necessary, in the SEOPW CRA's discretion, work areas (i.e., desks, file cabinets, etc.) and
personal belongings (i.e., briefcases, handbags, clothing (including pockets), etc.) may be subject to a search
without notice. Employees are required to cooperate.
The SEOPW CRA will generally try to obtain an employee's consent before conducting a search of work
areas or personal belongings but may not always be able to do so. Employees should expect no right to
privacy.
15. REFERENCE CHECKS
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EXHIBIT "B"
4.1.b
To ensure that individuals who join the SEOPW CRA are well -qualified and have a strong potential to be
productive and successful, it is the policy of the SEOPW CRA to check the employment references of all
applicants. This is a mandatory process and a condition for employment.
Should an employee receive a written request for a reference, they should refer the request to the Executive
Director, or designee for handling. No SEOPW CRA employee may issue a reference letter to any current
or former employee without the permission of the Executive Director. Under no circumstances should any
SEOPW CRA employee release any information about any current or former SEOPW CRA employee over
the telephone. All telephone inquiries regarding any current or former employee of SEOPW CRA must be
referred to the Executive Director or designee.
We will respond to all reference check inquiries from others, by confirming only dates of employment,
positions held, and salary verification. Inquiries must be in writing and will be responded to in writing.
16. SMOKING POLICY
To comply with government regulations, the SEOPW CRA has prohibited smoking throughout its
workplace. Employees are protected from retaliatory action or from being subjected to any adverse personal
action for exercising or attempting to exercise their rights under the smoking policy. Any violation of this
policy should be immediately reported to the Executive Director or designee. A violation of this policy
may result in appropriate corrective action, up to and including suspension without pay and termination.
17. TAPE RECORDING POLICY
It is a violation of the SEOPW CRA policy to record conversations with a tape recorder or other recording
device unless prior approval is received from your supervisor or the Executive Director, and all parties to
the conversation give their consent. This policy's purpose is to comply with the law and eliminate a chilling
effect on the expression of views that may exist when one person is concerned that their conversation with
another is being secretly recorded without their consent. This concern can inhibit spontaneous and honest
dialogue especially when sensitive or confidential matters are being discussed between the parties.
Violation of this policy will result in disciplinary action, up to and including suspension without pay and
immediate termination.
18. TRAVEL REIMBURSEMENT
Business travel authorization is required prior to actual business travel. The employee's supervisor and/or
the Executive Director must approve trips in writing. A request sent via e-mail and an affirmative reply is
acceptable. Employees are directed to consult the employee's supervisor or the Executive Director if there
are questions about whether travel is approved or not.
The SEOPW CRA expects employees traveling on SEOPW CRA business to stay at a reasonably priced
hotel that is convenient to the place where business will be transacted. The SEOPW CRA shall only
reimburse expenses incurred at the hotel for room rate, applicable taxes, hotel parking and meals based
upon the SEOPW CRA's per diem rate.
1. GENERALLY
G. DISCIPLINE POLICY
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EXHIBIT "B"
4.1.b
Policies and procedures are necessary guidelines to provide fair and equitable treatment of each employee.
In addition, these guidelines serve as the basis for a fair relationship between the employee and the SEOPW
CRA. It is necessary that these guidelines be applied consistently to each employee. Only then can SEOPW
CRA establish confidence that each employee will be treated consistently according to the administrative
and operational guidelines. It is the responsibility of each officer, manager, supervisor and employee to
contribute fully toward the achievement of this objective.
Violations of any of the established policies and procedures may result in disciplinary action up to and
including suspension without pay and termination. The disciplinary action is contingent on the facts and
circumstances of the individual situation.
The following employee actions are not all inclusive but, by way of illustration only, are some of the events
which could result in discipline. Thus, the Executive Director may establish additional rules and regulations
necessary for the orderly fulfillment of your responsibilities. These also must be followed. Other actions
may also result in discipline including discharge. It should be noted that SEOPW CRA and each employee
recognize that the employment relationship is for an indefinite period and may be terminated by either party
at will. By providing this non -exhaustive list, SEOPW CRA in no way restricts its right to terminate
employment, nor alters the at -will employment relationship.
• Insubordination, refusal or inability to comply with reasonable instructions of supervisors or
department heads.
• Refusal to comply with the SEOPW CRA's rules, policies or procedures or a violation of any of
SEOPW CRA's rules, policies or procedures.
• Poor job performance, including unsatisfactory attitude that detracts from job performance or the
efficient operation of the SEOPW CRA.
• Violation of the Non -Discrimination and Anti -Harassment Policy.
• Failure to report for duty without a bona fide excuse and proper notification to your supervisor.
• Failure to comply with established safety and health rules and safe work procedures or engaging in
any conduct that creates a safety hazard.
• Failure to meet performance standards.
• Failure to follow grooming and appearance standards.
• Failure to report a workplace accident immediately. If you are injured on the job, you must
immediately report this to your supervisor or the Executive Director or designee.
• Falsely stating claims of injury.
• Disorderly conduct on SEOPW CRA premises including violence, fighting, horseplay or other
action that endangers others or SEOPW CRA property or employees.
• Offensive or disruptive behavior, including threatening employees, using abusive or vulgar
language, interfering with others in the performance of their duties, or acting in an immoral or
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EXHIBIT "B"
4.1.b
indecent manner on SEOPW CRA property or while off SEOPW CRA premises in performance of
SEOPW CRA-related duties.
• Destruction, misuse, theft or removal of SEOPW CRA property, another employee's property, or
property of a member of the public.
• Unauthorized disclosure, discussion, removal or use of the SEOPW CRA's confidential
information, or other proprietary information (including information contained in personnel
records).
• Refusal to allow security checks and package inspections.
• Reading books, magazines, or newspapers while on duty is unrelated to an employee's duties and
responsibilities.
• Loitering, loafing or sleeping on duty.
• Neglect of duty.
• Smoking on SEOPW CRA premises.
• Bringing, consuming, possessing, providing, selling and/or transferring illegal drugs on SEOPW
CRA property or while on duty and/or reporting for duty under the influence of alcohol and/or
illegal drugs or abusing prescription drugs, or otherwise violating the Drug Free Workplace Policy.
• Dishonesty includes intentionally not providing full and truthful information when requested.
• Gambling on SEOPW CRA premises.
• Bringing, discharging, and/or possessing unauthorized firearms or other weapons in SEOPW CRA
buildings, having it on your person in the performance of SEOPW CRA duties.
• Giving or taking a bribe of any nature.
• Being arrested and/or convicted of any crime which SEOPW CRA believes is detrimental to
SEOPW CRA and/or its other employees, committing a felony.
• Misappropriation of SEOPW CRA funds or failure to manage funds in accordance with SEOPW
CRA guidelines.
• Irregular attendance includes excessive absenteeism, tardiness and/or unexcused absences.
• Violations of the Time Records Policy, including deliberate omission or falsification of information
on employment application, time sheets, production or other SEOPW CRA records.
• Violation of the Company's Conflict of Interest/Outside Employment Policy and/or Confidentiality
Policy.
• Leaving your workstation or work without authorization or being in an unauthorized work area
during your scheduled work period or on your days off, without specific authorization.
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EXHIBIT "B"
4.1.b
• Interfering with or hindering work schedules; failing to work on a scheduled shift.
• Failure to report to work after the expiration of a leave -of -absence or temporary layoff.
• Disloyalty to SEOPW CRA, including but not limited to, slandering or disparaging the SEOPW
CRA, its officers and/or employees, or acting in such a manner that could damage SEOPW CRA's
reputation.
• Gross negligence in the performance of duties.
• Failure to wear assigned uniform, if assigned.
• Discourteous or inappropriate conduct with members of the public.
• Any conduct that in the opinion of the Executive Director requires disciplinary action.
In the event of dismissal for misconduct, all benefits will terminate at the end of the month. COBRA may
not be available to anyone dismissed from the SEOPW CRA for gross misconduct.
2. TYPES OF DISCIPLINE
All employees are expected to meet SEOPW CRA's standards of work performance. Assessing an
employee's work performance encompasses reviewing many considerations such as attendance,
punctuality, personal conduct, job proficiency and general compliance with the SEOPW CRA's policies
and procedures.
If an employee does not meet these standards, the SEOPW CRA may, under appropriate circumstances and
in its sole discretion, take corrective action, other than immediate dismissal. However, this policy does
not alter the "at -will" employment relationship, nor does it require that the employer adhere to any
progressive discipline. The form of discipline described herein, and the order presented in this policy are
not meant to establish or create a progressive discipline policy.
The intent of corrective action is to formally document problems while providing the employee with a
reasonable time within which to improve performance. The process is designed to encourage development
by providing employees with guidance in areas that need improvement such as poor work performance,
attendance problems, personal conduct, general compliance with the SEOPW CRA's policies and
procedures and/or other disciplinary problems.
Disciplinary action received by an employee will be considered in the employee's evaluation and any
decisions regarding pay increases, promotions or transfers.
a. Verbal Warnings
The supervisor should discuss the problem with the employee in the presence of a supervisor. This should
clearly identify the problem and outline a course of corrective action within a specific time frame. The
employee should clearly understand both the corrective action and the consequence (i.e. , termination) if the
problem is not corrected or recurs. The supervisor should document the verbal counseling session and
include any additional comments of their own and sign it. A record of the discussion should be placed in
the employee's personnel file.
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EXHIBIT "B"
4.1.b
b. Written Warnings
The supervisor should discuss the problem and present a written warning to the employee in the presence
of a supervisor. This should clearly identify the problem and outline a course of corrective action within a
specific time frame. The employee should clearly understand both the corrective action and the
consequence (i.e., termination) if the problem is not corrected or recurs. The employee should acknowledge
receipt of the warning and include any additional comments of their own before signing it. A record of the
discussion and the employee's comments should be placed in the employee's personnel file.
c. Suspensions Without Pay
Employees may be suspended from employment without pay for violations of SEOPW CRA policy.
Employees suspended for disciplinary reasons are not eligible for salary increases, bonus awards,
promotions or transfers for 1 year thereafter. In the event, the employee is cleared of any wrongdoing, the
employee shall be eligible for reimbursement of any lost pay and benefits occurring during the term of the
suspension.
d. Termination
Any employee whose conduct, actions or performance violates or conflicts with the SEOPW CRA's
policies may be terminated immediately and without warning.
H. LEAVING THE SEOPW CRA
1. RESIGNATION
When an employee decides to leave for any reason, their supervisor and the Executive Director would like
the opportunity to discuss the resignation before final action is taken. During this conversation, the SEOPW
CRA often finds that another alternative may be better. If, however, after full consideration, the employee
decides to leave, it is requested that the employee provide the SEOPW CRA with a written two -week
advance notice period (remember that personal time off days or personal days may not be used during the
two -week notice period). The SEOPW CRA will only compensate employees for unused personal time off
in accordance with the personal time off cash out provisions in this Handbook. If, as sometimes happens,
the employee's supervisor wishes for the employee to leave prior to the end of the employee's two -weeks'
notice, the employee may be paid for the remainder of that period.
2. TERMINATION
Every SEOPW CRA employee has the status of "employee -at -will," meaning that no one has a contractual
right, express or implied, to remain in the SEOPW CRA's employment. SEOPW CRA may terminate an
employee's employment, with or without cause, and with or without notice, at any time for any reason. No
supervisor or other representative of the SEOPW CRA (except the Executive Director, with approval from
the Board) has the authority to enter into any agreement for employment for any specified period of time,
or to make any agreement contrary to the above. In the event an employee is terminated from the
employment with the SEOPW CRA, the termination shall be effective immediately upon notice to the
employee. The employee will be permitted to gather personal belongings under the supervision of the
Executive Director or designee.
3. POST RESIGNATION/TERMINATION PROCEDURES
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EXHIBIT "B"
4.1.b
a. Exit Interview
The Executive Director or designee is responsible for scheduling an exit interview with an employee who
is separating from the SEOPW CRA and for arranging the return of SEOPW CRA property including:
• Identification cards, including business cards
• Office keys
• Handbooks, and other manuals
• Any SEOPW CRA branded items, such as shirts or unifonns
• Any additional SEOPW CRA-owned or issued property
Employees may choose the continuation or waiver of comprehensive medical coverage and dental coverage
under COBRA. Specific information will be provided at the exit interview.
b. Benefits
Benefits (e.g., life, medical and dental) end on your last day of employment, or on the last day of the month
in which your last day of employment falls for medical/dental benefits. An employee, unless dismissed for
gross misconduct, has the option to convert to individual life insurance, and/or to continue medical/dental
benefits in accordance with The Consolidated Omnibus Budget Reconciliation Act ("COBRA")
regulations.
c. Final Paycheck
The final paycheck will be mailed during the next normal pay period. If there are unpaid obligations to the
SEOPW CRA, the final paycheck will reflect the appropriate deductions, as allowed by law.
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EXHIBIT "B"
4.1.b
APPENDIX A
ACKNOWLEDGEMENT OF RECEIPT OF EMPLOYEE HANDBOOK
I, , acknowledge that I have received a copy of the SEOPW CRA's
Employee Handbook. I have read it thoroughly, including the statements in the foreword describing the
purpose and effect of the Handbook. I understand the terms and provisions contained in this Handbook and
have been afforded an opportunity to seek clarification concerning same. I understand that the SEOPW
CRA is an "at will" employer and as such employment with the SEOPW CRA is not for a fixed term or
definite period and may be terminated at the will of either party, with or without cause, and without prior
notice. No supervisor or other representative of the SEOPW CRA (except the Executive Director, with the
approval of the SEOPW CRA Board) has the authority to enter into any agreement for employment for any
specified period, or to make any agreement contrary to the above.
In addition, I understand that this handbook states the SEOPW CRA's policies and practices in effect on
the date of publication. I understand that nothing contained in the Handbook may be construed as creating
a promise of future benefits or a binding contract with SEOPW CRA for benefits or for any other purpose.
I also understand that these policies and procedures are continually evaluated and may be amended,
modified or terminated at any time. I further agree that if I continue my employment with the SEOPW
CRA following any modification to the Handbook, I thereby accept and agree to such changes. All such
changes will generally be communicated through official notices.
Finally, by signing and dating this Acknowledgement of Receipt, I confirm that I have received and
reviewed a copy of the SEOPW CRA's Employee Handbook. I understand that I am expected to read the
entire Handbook and that this form will be retained in my personnel file.
Date:
Signature:
Print Name:
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EXHIBIT "B"
4.1.b
APPENDIX B
ACKNOWLEDGEMENT OF NON-D1SCRIMINATION & ANTI -HARASSMENT POLICY AND
COMPLAINT PROCEDURE
1, , acknowledge that I have received and read the SEOPW
CRA's Non -Discrimination and Anti -Harassment Policy and Complaint Procedure outlined in this
handbook. I agree to abide by these policies and understand that I must immediately report any conduct
that is in violation of this policy to my supervisor or the Executive Director. I agree that if there is any
provision of the policy that I do not understand, I will seek clarification from the Executive Director or
designee.
By signing and dating this Acknowledgement of Receipt, I confirm that I have received and reviewed a
copy of the SEOPW CRA's Employee Handbook. I understand that I am expected to read the entire
Handbook and that this form will be retained in my personnel file.
Date:
Signature:
Print Name:
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EXHIBIT "B"
4.1.b
APPENDIX C
ACKNOWLEDGEMENT OF WORK HOURS AND LOCATION ASSIGNMENT
T , understand I will be responsible for adhering
to the following work hours and responsibilities related to my position with the SEOPW CRA:
Date:
1. My hours of work are from through from AM to
PM. I understand that I may NOT unilaterally change my work hours. Any changes
to my work hours (e.g. reporting, departure, lunch, breaks, overtime, etc.) may only be
authorized by the Executive Director or designee.
2. I am assigned to work at the following location
otherwise authorized by the Executive Director or designee.
unless
3. I agree to abide by all SEOPW CRA policies and procedures regarding the reporting of my
work hours including, but not limited to, check -in and check-out policies.
4. I understand that failure to adhere to my working hours and assignment location may result
in disciplinary action including termination.
Signature:
Print Name:
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EXHIBIT "B"
4.1.b
I,
APPENDIX D
AUTHORIZATION FOR PAYROLL DEDUCTIONS
, understand I will be responsible to reimburse
the SEOPW CRA for the following:
l . Any loss incurred as a result of my acceptance of a check without proper identification
information on the check.
2. Damages incurred, up to the amount of the SEOPW CRA's insurance deductible, in the
event that I am involved in an auto accident while operating a SEOPW CRA vehicle and
determined to be at fault.
3. Damages incurred to the property of the SEOPW CRA or a member of the public due to
my own negligence.
4. The value of any SEOPW CRA property due to my theft of the property or failure to return
property.
5. Actual charges for any items charged to the SEOPW CRA that are for my personal use.
6. My cost for any benefits that I have elected to participate in beyond those provided by the
SEOPW CRA at its cost.
7. The amount of any overpayment of any wages.
I hereby authorize the SEOPW CRA to deduct from my paycheck, including my final paycheck,
for any of the foregoing reasons. Also, I grant the SEOPW CRA the right to correct any electronic funds
transfer resulting from an erroneous overpayment to me by debiting my account to the extent of such
overpayment.
Date:
Signature:
Print Name:
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EXHIBIT "B"
4.1.b
APPENDIX E
ACKNOWLEDGEMENT OF COMPUTER AND TELEPHONE SYSTEMS POLICY
I , acknowledge that I have received a copy of SEOPW CRA's
Computer and Telephone Systems Policy, have read said policy thoroughly, and understand the provisions
contained therein.
I understand that my use of the SEOPW CRA's Computer and Telephone Systems ("Systems"), as defined
in the policy, constitutes my consent to all the terms and conditions of the aforementioned policy.
In particular, I understand that:
(1) the system and all information transmitted by, received from, or stored in that system are the property
of the SEOPW CRA; (2) the system is to be used only for business purposes and not for personal purposes;
and, (3) I have no expectation of privacy in connection with the use of the system, or with the transmission,
receipt, or storage of information in the system.
I acknowledge and consent to the SEOPW CRA's monitoring of my use of the system at any time at its
discretion, including printing and reading all E- mails entering, leaving, or stored in the system.
Date:
Signature:
Print Name:
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4.2
SEOPW Board of Commissioners Meeting
September 11, 2025
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Christine King Date: September 4, 2025
and Members of the CRA
Board File: 18126
From: James McQueen
Executive Director
Subject: Authorize Engagement of Kozyak,
Tropin and Throckmorton, LLP
("KTT") as Special Counsel.
Enclosures: File # 18126 - Backup
BACKGROUND:
A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency ("SEOPW CRA"), pursuant to Section 18-72(b)(16) of the Code of the City of
Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, authorizing the Executive
Director to engage the law firm of Kozyak, Tropin, and Throckmorton, LLP, a Florida Limited Liability
Partnership ("KTT"), for the representation of the SEOPW CRA in all matters in connection with the
Housing Subsidy Agreement ("Agreement") between Avanti Residential — Arte Grand Central TIC I,
LLC; Avanti Residential — Arte Grand Central TIC II, LLC; Avanti Residential — Arte Grand Central TIC
III, LLC; Avanti Residential — Arte Grand Central TIC IV, LLC; and Avanti Residential — Arte Grand
Central TIC V, LLC; each a Delaware limited liability company (collectively, "Avanti") and the SEOPW
CRA ("Purpose"), further authorizing the expenditure of attorneys' fees and costs associated with said
engagement.
The Executive Director desires to engage KTT for representation of the SEOPW CRA on all matters and
disputes in connection with and arising out of the Agreement, including but not limited to the
interpretation of essential terms.
It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached
Resolution authorizing the Executive Director to engage KTT for the Purpose stated herein.
JUSTIFICATION:
Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means
"undertakings, activities, or projects of a ... community redevelopment agency in a community
redevelopment area for the elimination and prevention of the development or spread of slums and
blight...."
Section 163.356(3)(c), Florida Statutes, permits the SEOPW CRA to retain [outside] counsel, as it
requires, in furtherance of the Plan.
Packet Pg. 83
4.2
Lastly, Section 18-72(b)(16) of the Code of the City of Miami, Florida, as amended ("City Code"), as
adopted by the SEOPW CRA, provides for the exclusion of legal services, including, but not limited to,
attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal research,
court reporters and stenographers.
FUNDING SOURCE:
Account No. 10050.920101.531010.0000.00000.
FACT SHEET:
Company name: Kozyak, Tropin and Throckmorton, LLP.
Address: 2525 Ponce de Leon, 9" Floor, Miami, Florida 33134
Scope of work or services (Summary): Serving as outside counsel for representation in connection with
the Housing Subsidy Agreement between Avanti and the SEOPW CRA.
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4.2
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: September 11, 2025
CRA Section:
Approved by:
Executive Director 9/4/2025
Approval:
Miguel A Valcntlrk, Finance Officer 9/4/2025
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4.2
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 18126 Final Action Date:
A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("SEOPW CRA"), PURSUANT TO SECTION 18-
72(B)(16) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), AS ADOPTED BY THE SEOPW CRA, AUTHORIZING THE EXECUTIVE
DIRECTOR TO ENGAGE THE LAW FIRM OF KOZYAK, TROPIN, AND
THROCKMORTON, LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP ("KTT"),
FOR THE REPRESENTATION OF THE SEOPW CRA IN ALL MATTERS IN
CONNECTION WITH THE HOUSING SUBSIDY AGREEMENT ("AGREEMENT")
BETWEEN AVANTI RESIDENTIAL — ARTE GRAND CENTRAL TIC I, LLC; AVANTI
RESIDENTIAL — ARTE GRAND CENTRAL TIC II, LLC; AVANTI RESIDENTIAL —
ARTE GRAND CENTRAL TIC III, LLC; AVANTI RESIDENTIAL — ARTE GRAND
CENTRAL TIC IV, LLC; AND AVANTI RESIDENTIAL —ARTE GRAND CENTRAL TIC
V, LLC; EACH A DELAWARE LIMITED LIABILITY COMPANY (COLLECTIVELY,
"AVANTI") AND THE SEOPW CRA ("PURPOSE"), AUTHORIZING THE
EXPENDITURE OF ATTORNEYS' FEES AND COSTS ASSOCIATED WITH SAID
ENGAGEMENT, WITH FUNDS ALLOCATED FROM ACCOUNT NO.
10050.920101.531010.0000.00000; FURTHER AUTHORIZING THE EXECUTIVE
DIRECTOR TO NEGOTIATE AND EXECUTE AN ENGAGEMENT AGREEMENT
BETWEEN THE SEOPW CRA AND KTT; FURTHER AUTHORIZING THE EXECUTIVE
DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE,
INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN CHAPTER 18 OF THE
CITY CODE, ALL IN FORMS ACCEPTABLE TO COUNSEL, AND IN COMPLIANCE
WITH ALL APPLICABLE LAWS, AS MAY BE NECESSARY FOR THE PURPOSE
STATED HEREIN; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN
EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment
Plan ("Plan"); and
WHEREAS, Section 163.356(3)(c), Florida Statutes, permits the SEOPW CRA to retain [outside]
counsel, as it requires, in furtherance of the Plan; and
Page 4 of 6
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4.2
WHEREAS, Section 18-72(b)(16) of the Code of the City of Miami, Florida, as amended ("City
Code"), as adopted by the SEOPW CRA, provides for the exclusion of legal services, including, but not
limited to, attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal
research, court reporters and stenographers; and
WHEREAS, the SEOPW CRA previously entered into a Housing Subsidy Agreement
("Agreement") with Avanti Residential — Arte Grand Central TIC I, LLC; Avanti Residential — Arte
Grand Central TIC II, LLC; Avanti Residential — Arte Grand Central TIC III, LLC; Avanti Residential —
Arte Grand Central TIC IV, LLC; and Avanti Residential — Arte Grand Central TIC V, LLC; each a
Delaware limited liability company (collectively, "Avanti"); and
WHEREAS, the SEOPW desires to engage the law firm of Kozyak, Tropin, and Throckmorton,
LLP, a Florida Limited Liability Partnership ("KTT") to represent the SEOPW CRA on all matters and
disputes in connection with and arising out of the Agreement, including but not limited to the
interpretation of essential terms ("Purpose"); and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA redevelopment goals and objectives;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 18-72(b)(16) of the City Code, as adopted by the SEOPW
CRA, the Executive Director is authorized to engage KTT as outside counsel for representation for said
Purpose.
Section 3. The Executive Director is hereby authorized to expend attorneys' fees and costs
associated with said Purpose, with funds allocated from Account No. 10050.920101.531010.0000.00000.
Section 4. The Executive Director is hereby further authorized to negotiate and execute an
Engagement Agreement between the SEOPW CRA and KTT, and any and all other documents, including
any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary
approvals, compliance with all applicable provisions of the City Code, including the City's Procurement
Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, as set forth in Chapter 18 of the City
Code, all in forms acceptable to Counsel, and in compliance with all applicable laws, as necessary for said
Purpose.
Section 5. Sections of this Resolution may be renumbered or re -lettered, and corrections of
typographical errors which do not affect the intent may be authorized by the Executive Director, or his
designee, without need of public hearing, by filing a corrected copy of the same with the City Clerk.
Section 6. This Resolution shall take effect immediately upon adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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4.2
ounsel 9/4/2025
Page 6 of 6
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4.2.a
KOZYAK TROPIN
THROCKMORTON
Dwayne A. Robinson, Esq.
drobinson@kttlaw.com 1305.377.0659
June 27, 2025
Via Email:
Southeast Overtown/Park West CRA
c/o Mr. James D. McQueen
jmcqueen@miamigov.com
819 NW 2nd Avenue, 3rd Floor
Miami, FL 33136
RE: Dispute Regarding Housing Subsidy Agreement Between Southeast Overtown
/ Park West CRA and Avanti Residential
Dear Mr. McQueen:
I am writing to confirm the terms of the agreement between Kozyak Tropin & Throckmorton
LLP ("KTT," "we," "our," or "us") and Southeast Overtown/Park West CRA (the "client" or
"you") in connection with the dispute arising out of Southeast Overtown / Park West
Community Redevelopment Agency's Housing Subsidy Agreement with Avanti Residential.
Mr. McQueen acknowledges and agrees that he has the authority to execute this agreement and
to further serve as the attorney -in -fact or authorized agent for the client related to
the representation and this retainer agreement.
It is our practice to inform clients in writing of the Terms & Conditions under which KTT
undertakes a representation:
1. Security: As is our policy, we will require $20,000.00 (the "Retainer") to proceed
with the representation. We will hold the Retainer in a trust account. By executing this
agreement, you hereby grant KTT a security interest in the Retainer as collateral for any and all
existing or future obligations to KTT, including, without limitation, fees and costs. In other
words, absent further written agreement between us, the Retainer will remain in our trust
account as collateral and you will pay the monthly statements with separate funds. Naturally, if
there is any Retainer balance at the conclusion of our representation of you, we will refund any
balance. Should we both agree to expand our role in this representation beyond the scope of this
agreement, we may require an additional retainer amount to be placed into our trust account under
the same terms expressed above. Instructions on paying the Retainer are provided below.
2. Fees: As detailed further below, KTT will bill you on an hourly basis for attorney,
paralegal, and legal professional time. Upon request by you, KTT shall provide you with the rates
Attachment: File # 18126 - Backup (18126 : Authorize Engagement of Kozyak, Tropin and Throckmorton, LLP ("KTT") as Special Counsel.)
2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I 305.372.1800 I kttlaw.corn
Packet Pg. 89
4.2.a
Mr. James D. McQueen
June 27, 2025
Page 2
of those attorneys, paralegals, and legal professionals working on this engagement. Presently, the
primary attorneys KTT intends to utilize in the representation (along with their respective hourly
rates) are: Dwayne Robinson ($800), Brandon Sadowsky ($650), and Jordan Benatar ($525). To
the extent we can, KTT may involve other attorneys, paralegals, or legal professionals to assist
with certain aspects of the representation. You acknowledge and agree that KTT reserves the right
to alter in its discretion the staffing in the representation.
4. Costs: It is usually necessary for KTT to incur, as agent for our clients, expenses
for items such as, but not limited to, filing fees, travel, document management services, lodging,
meals, tolls, telephone calls, mediation and deposition costs, photocopying, facsimiles, and courier
services. Many engagements require substantial amounts of costly ancillary services such as
outside duplication services and computerized legal research. You acknowledge and agree that the
client is responsible for all costs incurred on the client's behalf. In order to allocate these expenses
fairly and to keep our hourly rates as low as possible for those matters which do not involve such
expenditures, these items are separately itemized on our monthly statements as "costs advanced"
and "disbursements."
You acknowledge and agree that major out-of-pocket expenses, including outside fees and
expenses (such as expert witness fees), may not be advanced by KTT, in its discretion, unless
special arrangements are made in advance. Such major -out-of-pocket expenses will be billed
directly or forwarded to you. You acknowledge and agree that KTT has discretion as to which
costs it may advance or require payment by you before those costs are incurred.
5. Billing: To enable you to monitor them carefully, fees and costs will be billed on a
monthly basis. Payment is due within ten days of presentation of a statement, unless we agree
otherwise in writing. You agree that within 30 days of presentment of a bill, you shall make any
objections in writing to me as to that bill, such as to fees or costs incurred, rates, work perfonned,
hours expended, or any other matter presented in said bill. The parties acknowledge and agree that
any objection thereafter shall be waived or otherwise forfeited.
Most statements for services are the product of the time worked (in units of tenths of an
hour) multiplied by the hourly rates for the attorneys, paralegals, or other legal professionals
assisted in the representation. You acknowledge and agree that you will be billed for all time spent
on your behalf, including, without limitation, for conferences, telephone calls, drafting, research,
and travel. It is impossible to determine in advance how much time will be needed, since that
depends on many things beyond our control. You acknowledge and agree that any figures or
amounts you may have been provided related to the fees or costs associated with our engagement
are merely estimates. In entering this agreement, you agree that you have not relied on any facts,
representations, warranties, promises, or the like other than those included in this agreement.
Sometimes another party or a third party agrees to pay our client's legal fees, or a court
may order our client's adversary to pay all or a part of our client's legal fees and costs. However,
Attachment: File # 18126 - Backup (18126 : Authorize Engagement of Kozyak, Tropin and Throckmorton, LLP ("KTT") as Special Counsel.)
2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 Phone 305.372.1800 I Fax 305.372.3508 I kttlaw
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4.2.a
Mr. James D. McQueen
June 27, 2025
Page 3
in such circumstances, you agree that you remain primarily liable for payment of all fees and costs.
Any amounts received from others will be credited to the client's account.
6. Late Payments: KTT may impose an interest and/or service charge of 1.5% (one
and one-half percent) per month for late payments. In no event will the service charge be greater
than permitted by applicable law.
7. Non -Payment of Fees and Costs: Failure to pay any statement rendered when due
constitutes a basis for terminating our engagement. You agree that in our discretion we may
immediately cease all legal services on your behalf or discontinue our representation (subject to
our ethical obligations and any other applicable provision of law). You acknowledge and agree
that KTT may assign its right to pursue and collect any fees or costs you owe, to a related third -
party, and that this agreement shall be equally enforceable by and as to such a third -party.
8. Pre -suit Mediation: Prior to KTT instituting formal legal proceedings to collect
any fees and costs related to this agreement, you agree to participate in a one -day, pre -suit
mediation before a mediator of KTT's choice in Miami, Florida. The costs of the mediator shall
be evenly divided between you and KTT, and be payable by the parties. You acknowledge and
agree that KTT may, in its discretion, waive mediation. Mediation must occur within 30 days of
KTT notifying you of its demand for mediation.
9. Arbitration: Any dispute relating to or arising from, out of, or in connection with,
our services -with the exception of a disagreement concerning fees, which shall be submitted to
The Florida Bar's Fee Arbitration Program (as set forth in this section below) -shall be settled by
binding arbitration in Miami, Florida in accordance with the then -current rules and procedures of
the American Arbitration Association ("AAA") by one arbitrator appointed by the AAA. The
arbitrator shall apply the laws of the State of Florida without reference or resort to rules of conflict
of law or statutory rules of arbitration, to the merits of any dispute. Judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party in any
dispute between the parties -and in any forum -related to or arising out of this agreement shall be
entitled to an award of attorneys' fees and costs. In avoidance of doubt, you acknowledge and
agree that KTT shall be entitled to all its fees and costs related to collection of amounts owed under
this agreement.
In the event of a disagreement concerning fees, the undersigned parties agree to submit
their controversy concerning the legal fees charged by the firm to binding arbitration. The
undersigned parties consent to resolve their dispute through The Florida Bar's Fee Arbitration
Program, pursuant to Chapter 14 of the Rules Regulating The Florida Bar, the Fee Arbitration
Procedural Rules and Chapter 682, Florida Statutes.
NOTICE: This agreement contains provisions requiring arbitration of fee disputes. Before
you sign this agreement, you should consider consulting with another lawyer independent of
Attachment: File # 18126 - Backup (18126 : Authorize Engagement of Kozyak, Tropin and Throckmorton, LLP ("KTT") as Special Counsel.)
2525 Ponce cle Leon. 9th Floor. Miami, Florida 33134 Phone 305.372.1800 I Fax 305.372.3508 I kttlaw
Packet Pg. 91
4.2.a
Mr. James D. McQueen
June 27, 2025
Page 4
KTT about the advisability of making an agreement with mandatory arbitration
requirements. Arbitration proceedings are ways to resolve disputes without use of the court
system. By entering into agreements that require arbitration as the way to resolve fee
disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or
jury. These are important rights that should not be given up without careful consideration.
10. Termination: The client may terminate our representation by written notice at any
time. In that case, the client agrees that it is not relieved of the obligation to pay for all services
rendered and costs incurred on its behalf prior to KTT's receipt of such notice. KTT may also
terminate its engagement, subject to an obligation to give the client reasonable notice to arrange
alternative representation.
11. Applicable Law: Except to the extent superseded by Title 11, United States Code
governing bankruptcy cases, the laws of the State of Florida will govern the interpretation of this
agreement, including all rules or codes of ethics which apply to the provision of services by us.
The parties agree that this agreement may only be amended by a signed, written agreement of the
parties.
12. Conflict Waiver: Because KTT represents a large number of clients in a wide
variety of legal matters, it is possible that we will be asked to represent a client whose interests are
actually or potentially adverse to your interests in matters that may include, without limitation,
bankruptcy, restructuring, litigation, appeals, or administrative proceedings, as a few examples.
We may also be asked to serve a subpoena or take other discovery of you on behalf of another
client.
In any of those circumstances, KTT agrees that it will not undertake any such
representation if it is substantially related to a matter in which we have represented you. If the
other representation is not substantially related to a matter in which we have represented you,
however, then you agree to our accepting such representation and you waive any resulting actual
or potential conflicts of interest that may arise, provided that (1) our effective representation of
you and the discharge of our professional responsibilities to you are not prejudiced by our
undertaking the other representation; (2) KTT protects your confidential information and
implements ethical walls as necessary to screen the lawyers or legal professionals working on the
other representation from involvement in your matters, and vice versa; and (3) the other client(s)
has (have) consented to and waived potential and actual conflicts of interest.
14. Litigation Hold Letter: You acknowledge and agree that KTT has provided you
along with this agreement a very important "litigation hold" letter, which describes crucial steps
that you must take to preserve relevant documents, including electronically stored information.
Please read this important document. You shall provide KTT immediate notice if you do not
receive the litigation hold letter.
Attachment: File # 18126 - Backup (18126 : Authorize Engagement of Kozyak, Tropin and Throckmorton, LLP ("KTT") as Special Counsel.)
2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 I ktt1aNN
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4.2.a
Mr. James D. McQueen
June 27, 2025
Page 5
* * *
If you have any questions concerning the above, please call me. If our proposal is
acceptable, please sign a copy of this letter and return the original to me along with the Retainer
amount. You acknowledge and agree that no agreement for legal services or any representation by
KTT shall exist until both a fully executed version of this agreement along with the cleared
payment, in full, of the Retainer amount are both provided to KTT. The parties agree this
agreement shall not include any related bankruptcy matters, appeals, or post judgment matters not
expressly referenced above absent a separately executed agreement. KTT will require a separate
retainer agreement for any additional matters KTT handles for you, but in the event the parties do
not execute a separate retainer agreement, the parties agree that this agreement will control.
In addition to physical mail, you may pay the Retainer online with a credit card at
kttlaw.com/payments or wire payment directly to our trust account. Our wire transfer instructions
are:
Beneficiary Bank Information
First Horizon Bank
165 Madison Avenue
Memphis, TN 38103
ABA/Routing # 084000026
Kozyak Tropin & Throckmorton LLP Trust Account
Account # 5000003621
International Wire Transfer:
SWIFTBIC Code: FTBMUS44
Attachment: File # 18126 - Backup (18126 : Authorize Engagement of Kozyak, Tropin and Throckmorton, LLP ("KTT") as Special Counsel.)
2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 I kttlavv
Packet Pg. 93
4.2.a
Mr. James D. McQueen
June 27, 2025
Page 6
I look forward to working with you.
Sincerely,
Dwayne A. Robinson
I AGREE TO THE TERMS OF THIS AGREEMENT AND THAT I HAVE THE AUTHORITY
TO ENTER INTO THE AGREEMENT ON BEHALF OF THE CLIENT(S), AND I FURTHER
ACKNOWLEDGE RECEIPT OF THE LITIGATION HOLD LETTER:
Jai s D. McQueen on behalf of the
Southeast Overtown/Park West CRA
Attachment: File # 18126 - Backup (18126 : Authorize Engagement of Kozyak, Tropin and Throckmorton, LLP ("KTT") as Special Counsel.)
2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 I Phone 305.372.1800 I Fax 305.372.3508 I ktt1aN)
Packet Pg. 94
4.3
SEOPW Board of Commissioners Meeting
September 11, 2025
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Christine King Date: September 4, 2025
and Members of the CRA
Board File: 18127
From: James McQueen
Executive Director
Subject: Authorize Engagement of Holland &
Knight, LLP ("H&K") as Special
Counsel.
Enclosures: File # 18127 - Backup
BACKGROUND:
A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency ("SEOPW CRA"), pursuant to Section 18-72(b)(16) of the Code of the City of
Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, authorizing the Executive
Director to engage the law firm Holland & Knight, LLP, a Florida Limited Liability Partnership
("H&K"), for the representation of the SEOPW CRA in complex real estate matters ("Purpose"), further
authorizing the expenditure of attorneys' fees and costs associated with said engagement.
It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached
Resolution authorizing the Executive Director to engage H&K for the Purpose stated herein.
JUSTIFICATION:
Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means
"undertakings, activities, or projects of a ... community redevelopment agency in a community
redevelopment area for the elimination and prevention of the development or spread of slums and
blight...."
Section 163.356(3)(c), Florida Statutes, permits the SEOPW CRA to retain [outside] counsel, as it
requires, in furtherance of the Plan.
Lastly, Section 18-72(b)(16) of the Code of the City of Miami, Florida, as amended ("City Code"), as
adopted by the SEOPW CRA, provides for the exclusion of legal services, including, but not limited to,
attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal research,
court reporters and stenographers.
FUNDING SOURCE:
Account No. 10050.920101.531010.0000.00000.
Packet Pg. 95
4.3
FACT SHEET:
Company name: Holland & Knight, LLP.
Address: 701 Brickell Avenue, Suite 3300, Miami, Florida 33131
Scope of work or services (Summary): Serving as special counsel for representation in connection with
the SEOPW CRA's complex real estate matters in accordance with the Plan.
Page 2 of 6
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4.3
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: September 11, 2025
CRA Section:
Approved by:
Executive Director 9/4/2025
Approval:
Miguel A Valcntlrk, Finance Officer 9/4/2025
Page 3 of 6
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4.3
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number:
File Number: 18127 Final Action Date:
A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("SEOPW CRA"), PURSUANT TO SECTION 18-
72(B)(16) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), AS ADOPTED BY THE SEOPW CRA, AUTHORIZING THE EXECUTIVE
DIRECTOR TO ENGAGE THE LAW FIRM HOLLAND & KNIGHT, LLP, A FLORIDA
LIMITED LIABILITY PARTNERSHIP ("H&K"), FOR THE REPRESENTATION OF THE
SEOPW CRA IN COMPLEX REAL ESTATE MATTERS ("PURPOSE"), AUTHORIZING
THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS ASSOCIATED WITH SAID
ENGAGEMENT, WITH FUNDS ALLOCATED FROM ACCOUNT NO.
10050.920101.531010.0000.00000; FURTHER AUTHORIZING THE EXECUTIVE
DIRECTOR TO NEGOTIATE AND EXECUTE AN ENGAGEMENT AGREEMENT
BETWEEN THE SEOPW CRA AND H&K; FURTHER AUTHORIZING THE
EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS,
SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY
CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY
ACT, AND FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN CHAPTER 18
OF THE CITY CODE, ALL IN FORMS ACCEPTABLE TO COUNSEL, AND IN
COMPLIANCE WITH ALL APPLICABLE LAWS, AS MAY BE NECESSARY FOR THE
PURPOSE STATED HEREIN; PROVIDING FOR THE INCORPORATION OF
RECITALS AND AN EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment
Plan ("Plan"); and
WHEREAS, Section 163.356(3)(c), Florida Statutes, permits the SEOPW CRA to retain [outside]
counsel, as it requires, in furtherance of the Plan; and
WHEREAS, Section 18-72(b)(16) of the Code of the City of Miami, Florida, as amended ("City
Code"), as adopted by the SEOPW CRA, provides for the exclusion of legal services, including, but not
limited to, attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal
research, court reporters and stenographers; and
Page 4 of 6
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4.3
WHEREAS, the SEOPW CRA is presently engaged with Holland & Knight, LLP, a Florida
Limited Liability Partnership ("H&K"), as special counsel, primarily handling general and specialized
real estate matters; and
WHEREAS, the SEOPW CRA desires to continue engaging H&K for said legal services, but
wishes to expand said services to alternative dispute resolutions and mediations arising out of complex
real estate development matters; and
WHEREAS, the Executive Director recommends William Bloom, Esq. ("Mr. Bloom"), of H&K,
to continue as special counsel for representation primarily in handling the SEOPW CRA's comprehensive
real estate transactions and Miguel de Grandy, Esq. ("Mr. de Grandy), of H&K, as special counsel for
representation in alternative dispute resolutions and mediations arising out of such transactions; and
WHEREAS, by engaging Mr. Bloom and Mr. de Grandy of H&K, the SEOPW CRA can obtain
the additional services necessary for continuing to carry out the functions of the Plan; and
WHEREAS, Mr. Bloom and Mr. de Grandy of H&K are both highly specialized attorneys that
handle a variety of issues of different community redevelopment agencies and have extensive current and
past experiences performing the services needed by the SEOPW CRA; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA redevelopment goals and objectives;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 18-72(b)(16) of the City Code, as adopted by the SEOPW
CRA, the Executive Director is authorized to engage H&K as outside counsel on complex real estate
matters and disputes arising out of such.
Section 3. The Executive Director is hereby authorized to expend attorneys' fees and costs
associated with said Purpose, with funds allocated from Account No. 10050.920101.531010.0000.00000.
Section 4. The Executive Director is hereby further authorized to negotiate and execute an
Engagement Agreement between the SEOPW CRA and H&K, and any and all other documents,
including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior
budgetary approvals, compliance with all applicable provisions of the City Code, including the City's
Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, as set forth in Chapter
18 of the City Code, all in forms acceptable to Counsel, and in compliance with all applicable laws, as
necessary for said Purpose.
Section 5. Sections of this Resolution may be renumbered or re -lettered, and corrections of
typographical errors which do not affect the intent may be authorized by the Executive Director, or his
designee, without need of public hearing, by filing a corrected copy of the same with the City Clerk.
Section 6. This Resolution shall take effect immediately upon adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Page 5 of 6
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4.3
ounsel 9/4/2025
Page 6 of 6
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4.3.a
Holland Sc Knight
701 Brickell Avenue, Suite 3300 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799
Holland & Knight LLP I www.hklaw.com
William Bloom
williambloom@hklaw.com
hklaw.com
+1305-789-7712
July 7, 2025
PERSONAL AND CONFIDENTIAL
ATTORNEY -CLIENT COMMUNICATION
James D. McQueen, Executive Director
Southeast Overtown /Park West Community Redevelopment Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
Re: Engagement as Counsel
Dear Mr. McQueen:
Thank you for retaining Holland & Knight LLP ("H&K") to represent Southeast Overtown/Park
West Community Agency (the "Client") regarding that certain dispute with Electraserve, Inc. which
shall be presented to the CRA Board for resolution. This matter is not covered by the existing agreement
between the Client and H&K. We look forward to serving your needs and to establishing a mutually
satisfactory relationship characterized by exceptional client service.
The purpose of this letter is to confirm our engagement as counsel and to provide you certain
information concerning our fees, billing and collection policies, and other terms that will govern our
relationship. Although we do not wish to be overly formal in our relationship with you, we have found
it a helpful practice to confirm with our clients the nature and terms of our representation. Attached to
this letter are our firm's standard terms of engagement. Please review these and let me know if you have
any questions concerning our policies.
Our fees in this matter will be calculated based upon the standard hourly rate of those attorneys
involved in this matter. In addition to our fees, our out-of-pocket costs will be billed to you monthly.
You agree to pay our bills within 30 days of invoicing. Our monthly bills will be itemized and will show
the lawyer, billing rate, and description of services for each time entry. If at any time you would like to
be provided more detailed information regarding our invoices or specific time entries, or if you have any
other concerns regarding our invoices or services, we will be glad to address these with you. The primary
attorney working on this matter is Miguel de Grandy with an hourly rate of $950.00.
As you will see, we have a policy of requiring an advance fee deposit with respect to the last
billing for a particular matter, or if our relationship develops into an ongoing relationship, we credit
Attachment: File # 18127 - Backup (18127 : Authorize Engagement of Holland & Knight, LLP ("H&K") as Special Counsel.)
#524277362_v3 1
Packet Pg. 101
4.3.a
portions of the advance deposit at appropriate times. Of course, if the advance fee deposit exceeds the
amount of our bills, we refund the excess. In this case, we have determined to waive our requirement
for a deposit.
If the terms described above and in the attached terms of engagement are satisfactory, please so
indicate by signing and returning the enclosed copy of this letter.
Approved this ' " day of July, 2025.
Southeast Overtown /Park West Community
Redevelopment Agency
By:
J es McQueen, Executive Director
HOLLAND & KNIGHT LLP
L7646,:,,v,L deeya.„,
William R. Bloom
Attachment: File # 18127 - Backup (18127 : Authorize Engagement of Holland & Knight, LLP ("H&K") as Special Counsel.)
Packet Pg. 102
4.3.a
HOLLAND & KNIGHT LLP
TERMS OF ENGAGEMENT
We appreciate your decision to retain Holland & Knight LLP as your legal counsel.
This document explains how we work, our obligations to you, your obligations to us, what we will do on your behalf, and how
our charges will be determined and billed. Experience has shown that an understanding of these matters will contribute to a
better relationship between us, and that in turn makes our efforts more productive.
Our engagement and the services that we will provide to you are limited to the matter identified in the accompanying
letter. Any changes in the scope of our representation as described in the letter must be approved in writing. We will provide
services of a strictly legal nature related to the matters described in that letter. You will provide us with the factual information
and materials we require to perform the services identified in the letter, and you will make such business or technical decisions
and determinations as are appropriate. You will not rely on us for business, investment, or accounting decisions, or expect us
to investigate the character or credit of persons or entities with whom you may be dealing, unless otherwise specified in the
letter.
We cannot guarantee the outcome of any matter. Any expression of our professional judgment regarding your matter or the
potential outcome is, of course, limited by our knowledge of the facts and based on the law at the time of expression. It is also
subject to any unknown or uncertain factors or conditions beyond our control.
Confidentiality and Related Matters
Regarding the ethics of our profession that will govern our representation, several points deserve emphasis. As a matter of
professional responsibility, we are required to hold confidential all information relating to the representation of our clients,
subject to certain exceptions that we will discuss with you. This professional obligation and the legal privilege for attorney -
client communications exist to encourage candid and complete communication between a client and his lawyer. We can
perform truly beneficial services for a client only if we are aware of all information that might be relevant to our
representation. Consequently, we trust that our attorney -client relationship with you will be based on mutual confidence and
unrestrained communication that will facilitate our proper representation of you.
Additionally, you should be aware that, in instances in which we represent a corporation or other entity, our client relationship
is with the entity and not with its individual executives, shareholders, directors, members, managers, partners, or persons in
similar positions, or with its parent, subsidiaries, or other affiliates. In those cases, our professional responsibilities are owed
only to that entity, alone, and no conflict of interest will be asserted by you because we represent persons with respect to
interests that are adverse to individual persons or business organizations who have a relationship with you. That is to say,
unless the letter accompanying this document indicates otherwise, Holland & Knight's attorney -client relationship with the
entity does not give rise to an attorney -client relationship with the parent, subsidiaries or other affiliates of the entity, and
representation of the entity in this matter will not give rise to any conflict of interest in the event other clients of the firm are
adverse to the parent, subsidiaries or other affiliates of the entity. Of course, we can also represent individual executives,
shareholders, directors, members, managers, partners, and other persons related to the entity in matters that do not conflict
with the interests of the entity, but any such representation will be the subject of a separate engagement letter. Similarly, when
we represent a party on an insured claim, we represent the insured, not the insurer, even though we maybe approved, selected,
or paid by the insurer.
Fees and Billing
Clients frequently ask us to estimate the fees and other charges they are likely to incur in connection with a particular
matter. We are pleased to respond to such requests whenever possible with an estimate based on our professional
judgment. This estimate always carries the understanding that, unless we agree otherwise in writing, it does not represent a
maximum, minimum, or fixed fee quotation. The ultimate cost frequently is more or less than the amount estimated.
Legal Fees. We encourage flexibility in determining billing arrangements. For example, we often agree with our clients to
perform services on a fixed -fee or other basis that we and the client believe will encourage efficiency and reflect the value of
our services in relation to a particular objective.
If you and we have agreed on a fixed fee arrangement, our fees will not be limited to the fixed amount if you fail to make a
complete and accurate disclosure of information that we have requested and that we reasonably require for our work, or if you
Attachment: File # 18127 - Backup (18127 : Authorize Engagement of Holland & Knight, LLP ("H&K") as Special Counsel.)
Packet Pg. 103
4.3.a
materially change the terms, conditions, scope, or nature of the work, as described by you when we determined the fixed
amount. If any of these events occurs, our fees will be based upon the other factors described below, unless you and we agree
on a revised fixed fee.
If the accompanying engagement letter does not provide for a fixed fee, or if we do not otherwise confirm to you in writing a
fee arrangement, our fees for services will be determined as described in the following paragraphs.
When establishing fees for services that we render, we are guided primarily by the time and labor required, although we also
consider other appropriate factors, such as the novelty and difficulty of the legal issues involved; the legal skill required to
perform the particular assignment; time -saving use of resources (including research, analysis, data and documentation) that
we have previously developed and stored electronically or otherwise in quickly retrievable form; the fee customarily charged
by comparable firms for similar legal services; the amount of money involved or at risk and the results obtained; and the time
constraints imposed by either you or the circumstances. In determining a reasonable fee for the time and labor required for a
particular matter, we consider the ability, experience, and reputation of the lawyer or lawyers in our firm who perform the
services. To facilitate this determination, we internally assign to each lawyer an hourly rate based on these factors. Of course,
our internal hourly rates change periodically to account for increases in our cost of delivering legal service, other economic
factors, and the augmentation of a particular lawyer's ability, experience, and reputation. Any such changes in hourly rates are
applied prospectively, as well as to unbilled time previously expended. We record and bill our time in one -tenth hour (six
minute) increments.
When selecting lawyers to perform services for you, we generally seek to assign lawyers having the lowest hourly rates
consistent with the skills, time demands, and other factors influencing the professional responsibility involved in each
matter. That does not mean that we will always assign a lawyer with a lower hourly rate than other lawyers. As circumstances
require, the services of lawyers in the firm with special skills or experience may be sought when that will either (a) reduce the
legal expense to you, (b) provide a specialized legal skill needed, or (c) help move the matter forward more quickly. Also, to
encourage the use of such lawyers in situations where their services can provide a significant benefit that is disproportionate
to the time devoted to the matter, we may not bill for their services on an hourly rate basis but, if you agree in advance, we will
adjust the fee on an "added value" basis at the conclusion of the matter if and to the extent their services contribute to a
favorable result for you.
Disbursements. In addition to legal fees, our statements will include out-of-pocket expenses that we have advanced on your
behalf and our internal charges (which may exceed direct costs and allocated overhead expenses) for certain support
activities. Alternatively, the firm may charge for such internal charges as a percentage of the fees charged. Advanced expenses
generally will include, but are not limited to, such items as travel, postage, filing, recording, certification, and registration fees
charged by governmental bodies. Our internal charges typically include, but are not limited to, such items as toll calls, facsimile
transmissions, overnight courier services, certain charges for terminal time for computer research and complex document
production, and charges for photocopying materials sent to the client or third parties or required for our use.
We may request an advance cost deposit (in addition to the advance fee deposit) when we expect that we will be required to
incur substantial costs on behalf of the client.
During the course of our representation, it may be appropriate to hire third parties to provide services on your behalf. These
services may include such things as consulting or testifying experts, investigators, providers of computerized litigation support,
and court reporters. Because of the legal "work product" protection afforded to services that an attorney requests from third
parties, in certain situations our firm may assume responsibility for retaining the appropriate service providers. Even if we do
so, however, you will be responsible for paying all fees and expenses directly to the service providers or reimbursing us for
these expenses.
The firm attempts to achieve efficiencies and savings for its clients when dealing with independent contractors. The firm may
be able to obtain a reduced charge from the contractor if the firm provides certain functions, such as billing, collection,
equipment, space, facilities, or clerical help. For these administrative and coordination services, the firm may charge an
administrative fee, which will be separately disclosed to you.
Billing. We bill periodically throughout the engagement for a particular matter, and our periodic statements are due when
rendered. If our fees are based primarily on the amount of our time devoted to the matter, our statements will be rendered
monthly. In instances in which we represent more than one person with respect to a matter, each person that we represent is
jointly and severally liable for our fees and expenses with respect to the representation. Our statements contain a concise
summary of each matter for which legal services are rendered and a fee is charged.
If a statement remains unpaid for more than 3o days, you will be contacted by an H&K representative inquiring why it is
unpaid. Additionally, if a statement has not been paid within 3o days from its date, the firm may impose an interest charge of
Attachment: File # 18127 - Backup (18127 : Authorize Engagement of Holland & Knight, LLP ("H&K") as Special Counsel.)
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1.25 percent per month (a 15 percent annual percentage rate) from the 30th day after the date of the statement until it is paid
in full. Interest charges apply to specific monthly statements on an individual statement basis. Any payments made on past
due statements are applied first to the oldest outstanding statement.
It is the firm's policy that if an invoice remains unpaid for more than 90 days, absent extraordinary circumstances and subject
to legal ethics constraints, H&K's representation will cease, and you hereby auParlexize us to withdraw from all representation
of you. Any unapplied deposits will be applied to outstanding balances. Generally, the firm will not recommence its
representation or accept new work from you until your account is brought current and a new deposit for fees and costs, in an
amount that the firm determines, is paid to it.
In addition, if you do not pay H&K's statements as they become due, the firm may require a substantial partial payment and
delivery of an interest -bearing promissory note as part of any arrangement under which it may, in its discretion, agree to
continue its representation. Any such promissory note will serve merely as evidence of your obligation, and shall not be
regarded as payment.
If allowed by applicable law, H&K is entitled to reasonable attorneys' fees and court costs if collection activities are
necessary. In addition, H&K shall have all general, possessory, or retaining liens, and all special or charging liens, recognized
by law.
Payment of our fees and costs is not contingent on the ultimate outcome of our representation, unless we have expressly agreed
in writing to a contingent fee.
Questions About Our Bills. We invite you to discuss freely with us any questions that you have concerning a fee charged for
any matter. We want our clients to be satisfied with both the quality of our services and the reasonableness of the fees that we
charge for those services. We will attempt to provide as much billing information as you require and in such customary form
that you desire, and are willing to discuss with you any of the various billing formats we have available that best suits your
needs.
Relationships with Other Clients
Because we are a large, full -service law firm with offices located in various cities we may be (and often are) asked to represent
a client with respect to interests that are adverse to those of another client who is represented by the firm in connection with
another matter. Just as you would not wish to be prevented in an appropriate situation from retaining a law firm that competes
with Holland & Knight LLP, our firm wishes to be able to consider the representation of other persons or entities that may be
competitors in your industry or who may have interests that are adverse to yours, but with respect to matters that are unrelated
in any way to our representation of you. The ethics that govern us permit us to accept such multiple representations, assuming
certain conditions are met, as set forth below.
During the term of this engagement, we will not accept representation of another client to pursue interests that are directly
adverse to your interests unless and until we make full disclosure to you of all the relevant facts, circumstances, and
implications of our undertaking the two representations, and confirm to you in good faith that we have done so and that the
following criteria are met: (i) there is no substantial relationship between any matter in which we are representing or have
represented you and the matter for the other client; (ii) any confidential information that we have received from you will not
be available to the lawyers and other Holland & Knight LLP personnel involved in the representation of the other client; (iii)
our effective representation of you and the discharge of our professional responsibilities to you will not be prejudiced by our
representation of the other client; and (iv) the other client has also consented in writing based on our full disclosure of the
relevant facts, circumstances, and implications of our undertaking the two representations. If the foregoing conditions are
satisfied, we may undertake the adverse representation and all conflict issues will be deemed to have been resolved or waived
by you.
By making this agreement, we are establishing the criteria that will govern the exercise of your right under applicable ethical
rules to object to our representation of another client whose interests are adverse to yours. If you contest in good faith the
facts underlying our confirmation to you that the specified criteria have been met, then we will have the burden of reasonably
supporting those facts.
Knowledge Management Tool
In order to better and more economically serve our clients, we have implemented a document search engine that will allow us
to search the firm's institutional work product to determine whether there exist documents created for one client that can be
used as a starting point for the preparation of new documents for other clients. Documents that are subject to ethics wall
restrictions, have extraordinary confidentiality requirements, or contain sensitive client information will not be included in
this system.
Attachment: File # 18127 - Backup (18127 : Authorize Engagement of Holland & Knight, LLP ("H&K") as Special Counsel.)
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4.3.a
Termination
Upon completion of the matter to which this representation applies, or upon earlier termination of our relationship, the
attorney -client relationship will end unless you and we have expressly agreed to a continuation with respect to other
matters. We hope, of course, that such a continuation will be the case. The representation is terminable at will by either of
us. The termination of the representation will not terminate your obligation to pay fees and expenses incurred prior to the
termination and for any services rendered or disbursements required to implement the transition to new counsel.
Your agreement to this engagement constitutes your acceptance of the foregoing terms and conditions. If any of them is
unacceptable to you, please advise us now so that we can resolve any differences and proceed with a clear, complete, and
consistent understanding of our relationship.
Attachment: File # 18127 - Backup (18127 : Authorize Engagement of Holland & Knight, LLP ("H&K") as Special Counsel.)
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