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HomeMy WebLinkAbout24015AGREEMENT INFORMATION AGREEMENT NUMBER 24015 NAME/TYPE OF AGREEMENT SEOPW CRA & COMMUNITY WORK TRAINING PROGRAM, INC. DESCRIPTION GRANT AGREEMENT/OPERATION & MANAGEMENT OF THE OVERTOWN EMPLOYMENT ASSISTANCE CENTER/FILE ID: 12144/CRA-R-22-0027 EFFECTIVE DATE July 1, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/17/2022 DATE RECEIVED FROM ISSUING DEPT. 8/22/2022 NOTE GRANT AGREEMENT This GRANT AGREEMENT ("Agreement") is made as of this 1st day of July 2022 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA"), and COMMUNITY WORK TRAINING PROGRAM, INC., a Florida corporation ("Grantee"). RECITALS A. WHEREAS, the SEOPW CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Plan, as amended and restated (the "Plan"); and B. WHEREAS, Section 2, Goals 4 and 6, at page 11, of the Plan lists the "creati[on of] jobs within the community," and "improving the quality of life for residents" as stated redevelopment goals; and C. WHEREAS, Section 2, Principle 6, at page 15, of the Plan lists the promotion of "local cultural events, institutions, and businesses," as a stated redevelopment principle; and D. WHEREAS, Section 2, Principle 6, at page 15, of the Plan provides that in order to "address and improve the neighborhood economy and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary to] support and enhance existing businesses and ... attract new businesses that provide needed services and economic opportunities ..."; and E. WHEREAS, since 2010 the Grantee, has operated the Overtown Employment Assistance Center ("Assistance Center"), a job training and placement program. Grantee works directly with employers to identify their hiring needs and match them with qualified candidates that have undergone the Grantee's job training program; and F. WHEREAS, due to the success of the program, Grantee now seeks assistance to establish an office location for Overtown residents at the Overtown Business Resource Center, 1490 NW 3' Avenue, Suite 106, Miami, Florida, 33136 to enhance its job training and placement program ("Program"); and G. WHEREAS, on June 23, 2022, the Board of Commissioners passed and adopted Resolution No. CRA-R-22-0027 attached hereto as Exhibit "A", authorizing the issuance of a grant, in an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00), to Grantee for the Assistance Center that will be located at the Overtown Business Resource Center, 1490 NW 3`d Avenue, Suite 106, Miami, FL, 33136; and H. WHEREAS, the parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of this grant; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the SEOPW CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct and are incorporated herein by referenced and made a part hereof. Page 1 of 10 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the SEOPW CRA hereby agrees to make available to the Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used to underwrite costs associated with underwrite costs associated with the operation and programming of the Program, in accordance with the scope of work and budget in Exhibit `B", attached hereto and incorporated herein. The SEOPW CRA is not obligated to expend additional funds beyond the approved grant. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate on (1) year after the Effective Date. However, the following rights of the SEOPW CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the SEOPW CRA shall make available to Grantee up to Two Hundred Thousand Dollars and No Cents ($200,000.00). In no event shall payments to Grantee under this Agreement exceed Two Hundred Thousand Dollars and No Cents ($200,000.00). Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements. b. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the SEOPW CRA all requests for the expenditure of Grant funds for pre -approval by the SEOPW CRA. Failure to submit said requests prior to incurring expenses may result in the Grantee bearing the costs incurred. The SEOPW CRA shall review said requests to ensure that the expense sought to be incurred by the Grantee is an expense within the scope of work and budget attached hereto as Exhibit `B" and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the scope and budget. c. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for disbursement of grant funds must be in writing and must be accompanied by supporting documents reflecting the use of grant funds and/or expenditures incurred, and that said request is being made in accordance with the Program's approved scope of work and budget and for expenditures incurred during the Term of this Agreement, as reflected in Exhibit `B". For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Program shall be in the name of the Grantee, and not in the name of the SEOPW CRA in light of the Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW CRA retains the right to request additional supporting documentation, or additional explanation for any and all expenses incurred by the Grantee. Grantee's failure to provide additional supporting documentation or additional explanation regarding expenses incurred shall serve as grounds for immediate termination of this Agreement, and the Grantee shall bear the costs associated with any expenditures not approved by the SEOPW CRA prior to the date of termination. Grantee understands and acknowledges that the SEOPW CRA shall not disburse grant funds for any expense that has not been previously approved by the SEOPW CRA in accordance with Section 5(b) above, and that such expenses shall be borne solely by the Grantee. Page 2 of 10 d. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to Grantee as a reimbursement for any Program -specific expenditure paid in cash. Grantee acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements under this Agreement. e. NO ADVANCE PAYMENTS. The SEOPW CRA shall not make advance payments to the Grantee or Grantee's vendors for services not performed or for goods, materials or equipment which have not been delivered to the Grantee for use in connection with the Program. f. EQUIPMENT AND FURNITURE. The Grantee understands and acknowledges that all office equipment, such as computers, copiers, printers, facsimile machines, telephone, and furniture purchased with Grant funds shall be returned to the SEOPW CRA upon the SEOPW CRA's sole determination that the Grantee's Program in the Redevelopment Area has closed and has ceased to operate. Grantee acknowledges that said equipment and furniture are the property of the SEOPW CRA. 6. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record -keeping, administrative and contracting guidelines and other requirements affecting the SEOPW CRA's activities in issuing the Grant. SEOPW CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Include a Financial Literacy course to assist with everyday life financial roadblocks. Acquiring a financial literate skill will assist with economic distress, improve the standard of living, and support financial stability. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply, and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 7. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the SEOPW CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Program; or e. Take such other remedies that may be legally permitted. 8. RECORDS AND REPORTS/AUDITS AND EVALUATION. a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the SEOPW CRA's audit rights in Section 8(c) below, the Grantee acknowledges and accepts the SEOPW CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the obligation of the Grantees to retain and to make those records available upon request, and in accordance with all applicable laws. The Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, the Grantee's contractors and subcontractors must make available, upon the SEOPW CRA's request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Program for a period of five (5) years after the expiration, early termination or cancellation of this Agreement. b. REPORTS. The Grantee shall deliver to the SEOPW CRA reports relating to the use of the Grant to the SEOPW CRA monthly, including details regarding supportive services provided to residents of Page 3 of 10 the Redevelopment Area. Failure to provide said reports shall result in grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the Grantee in providing such reports shall be considered a default under this Agreement. c. AUDIT RIGHTS. The SEOPW CRA shall have the right to conduct audits of the Grantee's records pertaining to the Grant and to visit the Program, to conduct its monitoring and evaluation activities. The Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA. 9. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. The Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the scope of work and budget set forth in Exhibit `B". b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Program in accordance with the scope of work and budget set forth in Exhibit `B". All expenditures of the Grant will be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records will be maintained. d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political activities. e. LIABILITY GENERALLY. The Grantee shall be liable to the SEOPW CRA forthe amount of the Grant expended in a manner inconsistent with this Agreement. f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which the Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances upon any property of the Grantee. 10. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law in connection with its performance under this Agreement. Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, disability, or any other member of a protected class be excluded from the Page 4 of 10 participation in, be denied benefits -of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 11. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by the Grantee. The Grantee covenants, represents and warrants that it will comply with all such conflict -of -interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 12. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The SEOPW CRA shall not be liable to the Grantee for amendment or termination of this Agreement pursuant to this Section. 13. MARKETING. a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the Grantee shall, if approved by the SEOPW CRA in accordance with Section 13 (b) below, produce, publish, advertise, disclose, or exhibit the SEOPW CRA's name and/or logo, in acknowledgement of the SEOPW CRA's contribution to the Program, in all forms of media and communications created by the Grantee for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or interviews. Grantee's acknowledgement shall consist of the following: "Sponsored by the Southeast Overtown/Park West Community Redevelopment Agency." b. APPROVAL. The SEOPW CRA shall have the right to approve the form and placement of all acknowledgements described in Section 13(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. The Grantee further agrees that the SEOPW CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in the Grantee's use of the SEOPW CRA's name and logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the SEOPW CRA's name and logo beyond the right granted in this Agreement. 14. DEFAULT. If the Grantee fails to comply with any term or condition of this Agreement or fails to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA directly to the Grantee and utilized by the Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. The Grantee understands and agrees that termination of this Agreement under this section shall not release the Grantee from any obligation accruing prior to the effective date of termination. 15. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases and discharges the SEOPW CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. Page 5of10 16. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the SEOPW CRA, the Grantee may only seek specific performance of this Agreement and any recovery shall be limited to the grant funding authorized for the Services provided herein. In no event shall the SEOPW CRA be liable to the Grantee for any additional compensation, other than that provided herein. 17. INDEMNIFICATION OF THE SEOPW CRA. The Grantee agrees to indemnify, defend, protect and hold harmless the SEOPW CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Agreement or the Program, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA; or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 18. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "C", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Program under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by SEOPW CRA file duplicate copies of the policies of such insurance with the SEOPW CRA. If, in the reasonable judgment of SEOPW CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, SEOPW CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following SEOPW CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, SEOPW CRA shall pay Grantee expenses incurred for the Program, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. 19. DISPUTES. In the event of a dispute between the Executive Director of the SEOPW CRA and the Grantee as to the terms and conditions of this Agreement, the Executive Director of the SEOPW CRA and the Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within Page 6 of 10 thirty (30) days of written notice to the other, the dispute shall be submitted to the SEOPW CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed fmal and binding on the parties. 20. INTERPRETATION. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the SEOPW CRA and the Grantee relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. c. CON 1RACTUAL INTERPRETATION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. Page 7of10 21. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 22. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by the Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the SEOPW CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the SEOPW CRA to the Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA and shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA. 23. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 24. NON-DELEGABILITY. The obligations of the Grantee under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 25. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 26. TERMINATION. The CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement should be terminated by the CRA, the CRA will be relieved of all obligations under this Agreement. In no way shall the CRA be subjected to any liability or exposure for the termination of this Agreement under this Section. 27. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To CRA: James McQueen, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2°d Avenue, 3rd Floor Miami, FL 33136 Email: JMcQueen@miamigov.com To Grantee: With copy to: Vincent T. Brown, Esq., Staff Counsel Email: VTBrown@miamigov.com Emanuel Washington, President Community Work Training Program, Inc. 16464 SW 32nd Street Miramar, FL 33027 E-mail: cwtp@cwtpinc.com Page 8of10 28. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 29. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 30. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in, and made a part of this Agreement. IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and the Grantee have executed this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Page 9of10 ATTEST: Todd B. Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuance to Section 163.356, Florida Statutes By: ueen, Executive Directo APPROVED ASkO REQUIREMENTS: By: By: Vincent T. Brown, Esq., Staff Counsel WITNESSES: By: Print: S P 1GUNI . 1� i y By: Print: A-Nrr)N Ann -Marie "tisk M Sharpe ment r irector Community Work Training Program, Inc., a Florida corporation ("Grantee"): By: Page l0 of 10 Emanu61 Washi President EXHIBIT "A" Resolution No. CRA-R-22-0027 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-22-0027 File Number: 12144 Final Action Date:6/23/2022 THIS RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING A GRANT TO COMMUNITY WORK TRAINING PROGRAM, INC, IN AN AMOUNT NOT TO EXCEED $200,000.00, TO UNDERWRITE COSTS ASSOCIATED WITH THE OPERATION AND MANAGEMENT OF THE OVERTOWN EMPLOYMENT ASSISTANCE CENTER; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO.10050.920101.883000.0000.00000; PROVIDING FOR INCORPORATION OF RECITALS AND PROVIDING FOR 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 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and WHEREAS, Section 2, Goals 4 and 6, at page 11 of the Plan lists the "creati[on of] jobs within the community" and "improving the quality of life for residents" as stated redevelopment goals; and WHEREAS, Section 2, Principle 6, at page 15 of the Plan provides that in order to "address and improve the neighborhood economy and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary to] support and enhance existing businesses and ... attract new businesses that provide needed services and economic opportunities ..."; and WHEREAS, since 2010, Community Work Training Program, Inc. ("CWTP") has operated the Overtown Employment Assistance Center ("Assistance Center"), a job training and placement program located at the Overtown Business Resource Center, 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136; and WHEREAS, CWTP works directly with employers to identify their hiring needs and matched them with qualified candidates that have undergone the CWTP's job training program. Over the years, CWTP has fostered relationships with countless employers and has placed numerous job seekers. It seeks to continue and expand its successful efforts in providing employment assistance to the residents of the Redevelopment Area; and WHEREAS, the Board of Commissioners finds that this Resolution would further the aforementioned redevelopment goals and objectives. City of Miami Page 1 of 2 File ID: 12144 (Revision:) Printed On: 6/30/2022 File ID: 12144 Enactment Number: CRA-R-22-0027 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OR COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: 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. The Board of Commissioners hereby authorizes a grant to Community Work Training Program, Inc., in an amount not to exceed $200,000.00, to underwrite costs associated with the operation and management of the Overtown Employment Assistance Center located at 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136. Section 3. purpose. The Executive Director is authorized to execute all documents necessary for said Section 4. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 5. Funds to be allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids," Account Code No. 10050.920101.883000.0000.00000. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: R ow ,—spa ounsei 6/16/2022 City of Miami Page 2 of 2 File ID: 12144 (Revision:) Printed on: 6/30/2022 EXHIBTT "B" Scope of Work and Budget James McQueen, Executive Director South East Overtown Park West Community Redevelopment Agency 819 NW 2nd Ave., 3rd Floor Miami, FL 33136 Re: 2021- 2022 CRA Overtown Employment Assistance Center Dear Mr. James McQueen: Please find attached for consideration Community Work Training Program, Inc. proposal to continue to manage the Overtown Employment Assistance Center. We are requesting Grant funds to continue and expand our successful efforts in providing employment assistance to the residents of the Overtown Community. Overtown Employment Assistance Center over the last 53 months has had over 7,800 residents to visit our office seeking employment assistance, During that same time period we have registered over 1,060 residents seeking employment and have referred over 1,212 residents to over 1,582 various positions, which has yield 309 job placements. Community Work Training Program has also begun to track the income that the program participants are generating through being employed within the community on SEOPW CRA funded projects. For example St. John Apartments has had approximately 8 residents on average working on the site earning an average of approximately $15,000.00 per month in income, Lyric Plaza Apartments has had approximately 10 residents on average working on the site earning an average of approximately $25,000.00 per month in income, Town Park South Project has had approximately 7 residents on average working on the site earning an average of approximately $12,000.00 per month in income, over the last 53 months we have tracked over 1.5 million dollars paid directly to the residents We have placed on jobs throughout the community. Community Work Training Program goals at the Overtown Employment Assistance Center is to document that the SEOPW CRA is delivering on the promise of responsible wage paying Jobs, social and economic support that assist the residents and create a pathway to economic revitalization to the residents of Overtown. The 3 SEOPW CRA projects mentioned above has employed approximately 25 residents on average, earning approximately $52,000.00 per month in income to Overtown residents. With the upcoming Sawyer Walk project we anticipate between 100-150 residents will be employed and the Employment Assistance Center thru the SEOPW CRA support is laying the foundation for families to build their future success. Community Work Training Program, Inc. respectfully request the renewal of our grant in the amount of $200,000.00 to continue the work at hand in the Overtown Community. Si erely g manuel 'ashin ton,/Q 1490 NW 3 I'Avenue, Suite 106 Miami, Florida 33136 Phone: (855) 298-7462 Fax: (888) 689-4811 Email: cwtp@cwtpinc.com Website: www.communityworkprogram.com 2021 -2022 OVERTOWN EMPLOYMENT ASSISTANCE CENTER "History" Overtown is one of the oldest neighborhoods in the City of Miami. initially designated as a community for Blacks when Miami was incorporated in 1896. It was inhabited by people who worked on the railroad and other early industrial and commercial ventures, and was a thriving center of commerce and culture for the Black community, particularly for music and entertainment in the 1940s and 1950s. Over the decades, the area declined economically due to migration of middle-class Blacks and the construction of I-95 and I-395 that bisected the community. In recent years there have been efforts to preserve the historical churches and the Lyric Theatre and to revitalize the entire Overtown area. The City of Miami and Southeast Overtown Park West Community Redevelopment Agency in their infinite wisdoms has not forgotten the promises that were made to the people of the Overtown community to restore the neighborhood. The SEOPW CRA recognizes that structural revitalization of a community with new buildings, infrastructure and state of the arts facilities without economic revitalization of the existing businesses and employment opportunities for the residents, recognizes that it would be inconsistent with its goals to foster progress and growth that reflects the vision and priority of the community. The Overtown community has transformed over the past decade, it has become one of the fastest growing and most desired place to live, work and play in South Florida, which makes Overtown a point of destination for many. On June of 2015, the City Council of the City of Miami Gardens, Florida issued an ordinance; ordinance number 2015-06-341. This ordinance is known as the City of Miami Gardens Business and Resident Economic Plan or CMG-BREP. This economic plan is designed to ensure that the residents and the businesses of Miami Gardens not only see and enjoy the structural revitalization of the community, but this ordinance guarantees that they will take part in the economic revitalization and be assured that the dollars that the City of Miami Gardens gets from its residents and the dollars that they get on behalf of its residents, will now find its way back into the homes of the residents they serve. The City of Miami Gardens Community Development Department has a motto that says, "Connecting the pieces for a stronger community." This motto echoes the SEOPW CRA written policies that will connect the Overtown community to its resources and make it stronger. ‘140,ckTrainin9P,o f 7 "We Put The Community To Work" CWTP "HISTORY Continue" The City of Miami Department of Community & Economic Development mission statement is to assists in creating a viable urban community for the neediest people in our City while reducing poverty, embracing diversity, assisting with economic development, and improving the overall quality of life. In November 2004 the SEOPW CRA conducted the Dover Kohl study that outlined 14 guiding principles aimed to facilitate the redevelopment of the Overtown community. In 2009 the City of Miami Planning Department updated the plan to further focus and defined the guiding principles to structurally and economically revitalize the Overtown Community. Within the plan, principle number 4 of 14 states "There must be variety in employment opportunities" and an EMPLOYMENT CENTER should be located within the neighborhoods to accommodate those who wish to live in proximity to their work and reduce dependence on the automobile and long commutes. In conclusion the general consensus in the community was that employment opportunities should be a high priority and made available to the existing residents of the Overtown Community. "PROBLEM" Overtown is faced with a unique situation when it comes to employment, not only are the residents faced with high unemployment and underemployment. Overtown has a recidivism problem, when we hear the word RECIDIVISM we often think about the revolving doors of crime in our community, whereby men, women and children are caught up in the cycle of the criminal justice system. They commit crimes, go to jail and serve time in jail, get out of jail and sadly, but often find themselves committing another crime and falling back into the cycle of RECIDIVISM. Well just like the RECIDIVISM of CRIME, the Overtown Community is faced with the RECIDIVISM of UNEMPLOYMENT AND UNDEREMPLOYMENT, There is a vicious cycle that Overtown residents face, many residents are employed or underemployed and all of sudden they just quit the job or maybe even get terminated or just laid off. 1490 NW 3 RDAvenue, Suite 106 Miami, Florida 33136 Phone: (855) 298-7462 Fax: (888) 689-4811 Email: cwtp@cwtpinc.com Website: www.communityworkprogram.com Pg.3 "We Put The Community To Work" ROBLEM Continue" There are many reasoning behind these dilemmas, the Community Work Training Program has identified these causes and the residents that face these problems need to undergo an intense and highly structured employment mentoring program. The Community Work Training Program has created a highly effective comprehensive approach to successfully deal with the problems. The Community Work Training Program is poised and dedicated to connect the pieces in the Overtown Community as it pertains to the complex employment issues the residents face. "SOLUTION" "Continuance and expansion of the Overtown Employment Assistance Center" Community Work Training Program, Inc.(CWTPINC) unique approach in assisting local residents in overcoming the inconsistencies to maintaining steady employment and mentoring them to become a stable part of the local workforce over the past 53 months has been unprecedented. CWTPINC Overtown Employment Assistance Center located at 1490 NW 3rd Ave Suite 106 Miami, Florida 33136, over this same 53 months time period has had over 7,800 visitors come to our office seeking employment assistance and job opportunities. CWTPINC Overtown Employment Assistance Center has registered over 1,060 residents seeking employment assistance. CWTPINC Overtown Employment Assistance Center has referred over 1,212 residents seeking job opportunities to over 1,582 job opportunities. CWTPINC Overtown Employment Assistance Center has Placed over 309 residents seeking job opportunities. 1490 NW 3 'Avenue, Suite 106 Miami, Florida 33136 Phone: (855) 298-7462 Fax: (888) 689-4811 Email: cwtp@cwtpinc.com Website: www.communityworkprogram.com Pg.4 "We Put The Community To Work" 'SOLUTION Continue" CWTPINC has provided an Individual Employment Success Plan (I.E.S.P.) for each participant, we use this tool to track and document the success of the individual we register and refer to jobs opportunities. CWTPINC are registering and enrolling residents into available training and apprenticeship opportunities. CWTPINC are providing basic work tools and personal protection equipment for resident participant that need hard hats, safety vest, safety glasses, gloves, hammers, screw drivers, work shirts to start working initially. CWTPINC has established relationship with over 50 employers that has opened their Human Resource Departments and are posting all of their job opportunities with CWTPINC. CWTPINC has been tracking the income impact of the jobs that the resident participants have been earning on CRA funded projects such as Lyric Plaza, Lyric Point, Island Living, Courtside Apartments, St. John Apartments, The World Center, Town Park South, Town Park North and Town Park Village has yielded more than $75,000.00 per month which equates to over $900.000.00 in annual income revenue to the Overtown residents. CWTPNC has been providing basic Financial Literacy to resident participants about budgeting and developing a pathway to homeownership. CWTPINC has been providing resident participants with mentoring and conflict resolution skills to assist them with the capacity to keep the job. Pg.5 1490 NW 3 RDAvenue, Suite 106 Miami, Florida 33136 Phone: (855) 298-7462 Fax: (888) 689-4811 Email: cwtp@cwtpinc,com Website: www.commuuityworkprogram.com 2021 - 2022 OVERTOWN EMPLOYMENT ASSISTANCE CENTER LINE ITEMS PROGRAM OPERATION: PROGRAM COORDINATOR ASSISTANT PROGRAM COORDINATOR PROGRAM ADMINISTRATOR ADMINISTRATIVE ASSISTANT PROGRAM ADMINISTRATION : PROGRAM / FICO-PR LIABILITY CENTER OPERATION: INSURANCE COMMUNICATION BUSINESS LICENSES FEES OFFICE FURNITURE AND FIXTURES PARTICIPANT SUPPLIES COMPUTER & SOFTWARE OFFICE SUPPLIES RENT TOTAL BUDGET $50, 000.00 $35, 000.00 $35,000.00 $35,000.00 $23, 000.00 $2, 500.00 $4, 000.00 $1, 000, 00 $1,000.00 $1000.00 $3, 000, 00 $1, 500.00 $8, 000.00 $200, 000.00 1490 NW 3"Avenue, Suite 106 Miami, Florida 33136 Phone: (855) 298-7462 Fax: (888) 689-4811 Email: cwtp@cwtpinc com Website: www.communityworkprogram.com Pz.6 EXHIBIT "C" Insurance Requirements INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- COMMUNITY WORK TRAINING PROGRAM I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Products/Completed Operations $300,000 Personal and Advertising Injury $300,000. B. Endorsements Required City of Miami listed as an additional insured SEOPWCRA listed as an additional insured Contingent and contractual exposures Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $300,000 B. Endorsements Required City of Miami listed as an additional insured SEOPWCRA listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit Professional/E&O (If Applicable) Each Claim $250,000 Policy Aggregate $250,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.