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HomeMy WebLinkAbout24227AGREEMENT INFORMATION AGREEMENT NUMBER 24227 NAME/TYPE OF AGREEMENT SEOPW CRA & ENCOURAGING DREAMERS BREAKING BARRIERS, LLC. DESCRIPTION GRANT AGREEMENT/UNDERWRITE COSTS ASSOCIATED WITH THE ALL STAR DETAILING SERVICES TRAINING & SECOND CHANCE PROGRAM/FILE ID: 12826/CRA-R-22-0046 EFFECTIVE DATE September 29, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/6/2022 DATE RECEIVED FROM ISSUING DEPT. 1/11/2023 NOTE GRANT AGREEMENT " This GRANT AGREEMENT ("Agreement") is made as of this n 94\ day of TV 1 r ! 6C%" 2022 ("Effective Date") by and between SOUTHEAST OVERTOWN/PARK ST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and ENCOURAGING DREAMERS BREAKING BARRIERS, LLC, a Florida limited liability company ("Grantee"). RECITALS A. WHEREAS, the 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 Community Redevelopment Plan (the "Plan"); and B. WHEREAS, Section 2, Goals 4 and 6 on 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 on 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 on 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, Grantee's All Star Detailing Services training and second -chance program (the "Program") will provide on-the-job training and employment opportunities to residents in the Redevelopment Area who are interested in entrepreneurship in the vehicle servicing and detailing industry. The Program will also provide vehicle detailing services to the fleet of vehicles owned by the City of Miami (the "City"). Through its Program, Grantee also intends to further develop its relationship with the City of Miami Police Department and assist in bridging the gap and fostering a better relationship between the community and the police department; and F. WHEREAS, Grantee anticipates gainfully employing between five and fifteen individuals from the Redevelopment Area through the Program, in positions ranging from "vehicle tech specialists" to supervisory level positions fostering the development of managerial skills and encouraging career advancement; and G. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-22-0046 attached hereto as Exhibit "A," passed and adopted on October 27, 2022, authorized the issuance of a grant, in an amount not to exceed Thirty -Six Thousand Dollars and Zero Cents ($36,000.00), to the Grantee for funding to underwrite costs associated with the Program 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 sufficiency of which is hereby acknowledged, the CRA and Grantee agree as follows: 1 1. RECITALS. The Recitals to this Agreement are true and correct and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to Grantee grant funds 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 the Program incurred during the Term of this Agreement, in accordance with the Program's approved scope of work and budget, ("Scope of Work and Budget") as described in Exhibit "B", attached hereto and incorporated herein. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of one (1) year after the Effective Date, or when the grant funds of Thirty -Six Thousand Dollars and Zero Cents ($36,000.00), are expended, whichever occurs first. However, the following rights of the 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 CRA shall make available to Grantee up to Thirty -Six Thousand Dollars and Zero Cents ($36,000.00). In no event shall payments to Grantee under this Agreement exceed Thirty -Six Thousand Dollars and Zero Cents ($36,000.00), Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements in accordance with the approved Scope of Work and Budget. b. REQUESTS FOR DISBURSEMENT OF GRANT FUNDS. All requests for the disbursement of grant funds by Grantee shall be submitted in writing to the CRA by Grantee's authorized representative prior to the termination of this Agreement. All such requests must be accompanied by supporting documents reflecting the use of grant funds and/or expenditures incurred, and that the request is being made in accordance with the Program's approved Scope of Work and Budget, as reflected in Exhibit "C", for expenditures incurred during the Term of this Agreement. For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Program shall be in Grantee's name, and not in the name of the CRA in light of Grantee's inability to bind the CRA to any legal and/or monetary obligation whatsoever. The CRA reserves the right to request additional supporting documentation for any expenditures, and the CRA reserves the right to deny any and all requests it deems to be outside of the approved Scope of Work and Budget. Grantee's failure to provide additional supporting documentation or explanation regarding expenses incurred, when requested by the CRA, shall serve as grounds for immediate termination of this Agreement, and Grantee solely shall bear all costs associated with any expenditures not approved by the CRA. c. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to Grantee as a reimbursement for any Proj ect-specific expenditure paid in cash. Grantee acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements under this Agreement. d. NO ADVANCE PAYMENTS. The CRA shall not make advance payments to Grantee or Grantee's vendors for services not performed or for goods, materials, or equipment which have not been delivered to Grantee for use in connection with the Project. 6. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of grant funds is subject to specific reporting, record keeping, administrative, and contracting guidelines and other 2 requirements affecting the CRA's activities in issuing the grant. CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply, and the grant funds 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 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 Project; 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 CRA's audit rights in Section 9(c) below, Grantee acknowledges and accepts the CRA's right to access Grantee's records, legal representatives' and contractors' records, and the obligation of Grantee to retain and to make those records available upon request, and in accordance with all applicable laws. Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, Grantee's contractors and subcontractors must make available, upon the 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. Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Project for a period of five (5) years after the expiration, early termination or cancellation of this Agreement. b. REPORTS. Grantee shall deliver to the CRA reports relating to the use of grant funds as requested by the CRA, from time to time and as detailed herein. Failure to provide said reports shall result in grant funds being withheld until Grantee has complied with this provision. Thereafter, continued failure by Grantee in providing such reports shall be considered a default under this Agreement. c. AUDIT RIGHTS. The CRA shall have the right to conduct audits of Grantee's records pertaining to the grant funds and to visit the Program, in order to conduct its monitoring and evaluation activities. Grantee agrees to cooperate with the CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. 9. UNUSED FUNDS. Upon the expiration of the term of this Agreement, Grantee shall transfer to the CRA any unused grant funds on hand at the time of such expiration. 10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. Grantee represents, warrants, and certifies the following: 3 a. INVOICES. Invoices for all expenditures paid for by Grantee shall be submitted to the CRA for review and approval in accordance with the terms set forth in this Agreement. 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 this Agreement shall be used solely for the Project in accordance with the Scope of Work and Budget set forth in Exhibit `B". All expenditures of grant funds will be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. Grant funds shall not be co -mingled with any other funds, and separate accounts and accounting records shall be maintained. d. POLITICAL ACTIVITIES. No expenditure of grant funds shall be used for political activities. e. LIABILITY GENERALLY. Grantee shall be liable to the CRA for the 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 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 Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other agreement to which Grantee is a party, or results in the creation of any lien or encumbrances upon any property of Grantee. 11. NON-DISCRIMINATION. 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, 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 participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving fmancial assistance pursuant to this Agreement. 12. CONFLICT OF INTEREST. Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by Grantee. 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. 13. 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 CRA shall not be liable to Grantee for amendment or termination of this Agreement pursuant to this Section. 14. MARKETING. 4 a. PUBLICATION. In the event Grantee wishes to engage in any marketing efforts, Grantee shall, if approved by the CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Program, in all forms of media and communications created by 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. b. APPROVAL. The CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. Grantee further agrees that the 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 Grantee's use of the CRA's name and logo, confers or may be construed as conferring upon Grantee any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Agreement. 15. DEFAULT. If Grantee fails to comply with any term or condition of this Agreement, or fails to perform any of Grantee's obligations hereunder, and Grantee does not cure such failure within thirty (30) days following receipt of written notice from the CRA that such failure has occurred, then Grantee shall be in default. Upon the occurrence of such default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA directly to Grantee and utilized by Grantee in violation of this Agreement shall be immediately returned to the CRA. Grantee understands and agrees that termination of this Agreement under this section shall not release Grantee from any obligation accruing prior to the effective date of termination. 16. NO LIABILITY. In consideration for the issuance of grant funds under this Agreement, Grantee hereby waives, releases, and discharges the 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 Grantee, its officers, directors, members, employees, agents, or representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. Any liability of the CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 17. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the CRA, 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 CRA be liable to Grantee for any additional compensation, other than that provided herein. 18. INDEMNIFICATION OF THE CRA. Grantee agrees to indemnify, defend, protect, and hold harmless the 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 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 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 CRA; or (ii) the failures of Grantee to 5 comply with any of the paragraphs provisions herein; or (iii) the failure of 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 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 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. The Indemnification shall survive the cancellation or expiration of the Agreement. 19. 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 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 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 CRA. Completed Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by CRA file duplicate copies of the policies of such insurance with the CRA. If, in the reasonable judgment of CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, 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 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, 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. 20. DISPUTES. In the event of a dispute between the Executive Director of the CRA and Grantee as to the terms and conditions of this Agreement, the Executive Director of the CRA and Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the 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 final and binding on the parties. 21. 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 CRA and 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. 6 c. CONTRACTUAL 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 a 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 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. 22. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 23. DOCUMENT OWNERSHIP. Upon request by the CRA, all documents developed by Grantee shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. 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 CRA to Grantee pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by Grantee for any other purpose whatsoever, without the written consent of the CRA. 24. AWARD OF AGREEMENT. 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 funds. 25. NON-DELEGABILITY. The obligations of 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. 7 26. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 27. 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. Should the CRA terminate this Agreement, 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. 28. 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. 2nd Avenue, 3rd Floor Miami, FL 33136 Email: JMcQueen@miamigov.com To Grantee: With copies to: Vincent T. Brown, Esq., Staff Counsel Email: Vtbrown@miamigov.com Ijamyn Gray, Chief Executive Officer Encouraging Dreamers Breaking Bathers, LLC 3520 Douglas Road Miami, FL 33133 Email: ijamyngray62@gmail.com 29. INDEPENDENT CONTRACTOR. 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. 30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 31. MULTIPLE COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals 32. 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. 8 Agreement. 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 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 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 Grantee have executed this Agreement. ATTEST: odd B. Ha Title: Clerk of the Boar APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Name: Vincent T. Brown, Esq. Title: Staff Counsel WITNESSES: Print: By: Print: 141b 04C1L1s i 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 By: /U Na e: ames McQueen Titl . Executive Director APPROVED AS TO INSURANCE REQUI}j TENTS: By: rarGomez (Nov 22, 2022 1G:56 EST) Name: Ann -Marie Sharpe Title: Director of Risk Management ENCOURAGING DREAMERS BREAKING BARRIERS, LLC a Florida limited liability company ("Grantee") By: Ijamyn Gray, its Chief Executive Officer 10 EXHIBIT "A" CRA-R-22-0046 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-22-0046 File Number: 12826 Final Action Date:10/27/2022 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") AUTHORIZING THE ISSUANCE OF AN ADDITIONAL GRANT, IN AN AMOUNT NOT TO EXCEED THIRTY-SIX THOUSAND DOLLARS ($36,000.00), TO ENCOURAGING DREAMERS BREAKING BARRIERS, LLC, TO UNDERWRITE COSTS ASSOCIATED WITH THE ALL STAR DETAILING SERVICES TRAINING AND SECOND CHANCE PROGRAM; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE AND PROVIDING FOR THE INCORPORATION OF RECITALS AN EFFECTIVE DATE; ALLOCATING FUNDS FROM SEOPW, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. 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 Community Redevelopment Plan ("Plan"); and WHEREAS, Section 2, Goals 4 and 6 on page 11 of the Plan lists the "creation of jobs within the community" and "improving the quality of life for residents" as stated redevelopment goals; and WHEREAS, Section 2, Principle 6 on page 15 of the Plan lists the promotion of "local cultural events, institutions, and businesses" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 6 on 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, the All -Star Detailing Services training and second -chance program ("Program") by Encouraging Dreamers Breaking Barriers, LLC ("EDBB") will provide on-the-job training, a robust curriculum, and employment opportunities to residents in the Redevelopment Area who are interested in entrepreneurship as it pertains to the vehicle servicing and detailing industry. Specifically, the Program will provide vehicle detailing services to the fleet of vehicles owned by the City of Miami. Through its City of Miami Page 1 of 2 File ID: 12826 (Revision: A) Printed On: 11/21/2022 File ID: 12826 Enactment Number: CRA-R-22-0046 Program, EDBB also intends to further develop its relationship with the City of Miami Police Department and assist in bridging the gap and fostering a better relationship between the community and the police department; and WHEREAS, the Program anticipates gainfully employing between five and fifteen individuals from the Overtown community in positions ranging from "vehicle tech specialists" to supervisory level positions fostering the development of managerial skills and encouraging career advancement. Ultimately, EDBB will provide job training skills while creating job opportunities for residents and those in need of a second chance to encourage dreams and break down societal barriers; and WHEREAS, the Board of Commissioners wishes to authorize an additional grant, in an amount not to exceed thirty-six thousand dollars ($36,000.00) to EDBB to underwrite costs associated with the Program; and WHEREAS, the Board of Commissioners finds that such a grant 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 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 the issuance of a grant in an amount not to exceed thirty-six thousand dollars ($36,000.00), to EDBB to underwrite costs associated with the Program. Section 3. The Executive Director is authorized to execute all documents necessary for said purpose. Section 4. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly, upon presentation of invoices and satisfactory documentation for the Program. 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: 4 V' ce = T r ;- Counsel 11/10/2022 Vt�ce rrerairCounsel 10/20/2022 City of Miami Page 2 of 2 File ID: 12826 (Revision: A) Printed on: 11/21/2022 EXHIBIT "B" Scope of Work and Budget PROPOSED FUNDING REQUEST Encouraging Dreamers Breaking Barriers, LLC Project Name EDBB Al!stars Youth Escape Detailing Services Prepared For The City of Miami SEOPW CRA Prepared By Ijamyn Gray, CEO Encouraging Dreamers Breaking Barriers, LLC 1490 NW 3rd Avenue I Miami, FL 33136 Tel: 786.317.7729 ijamyngray62@gmail.com Submitted on September 21, 2022 E NCG.)tJFiACAIN GI 0 FiEAMF" Fi'S PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com FACT SHEET WHO WE ARE: Encouraging Dreamers Breaking Barriers, LLC, was established in 2017, with just a dream and a will. We are a for profit organization currently located at 1490 NW 3rd Avenue, Suite 106, Miami, Florida 33136. This organization is founded on removing barriers encountered among youth and young men ages 14-24 living in the City of Miami. Our mission is to provide mentorship while uniting the diverse cultures in underprivileged communities by exposing them to entrepreneurship opportunities while educating them in life skills training and promoting successful ways for maturing from an adolescent to a young adult. WHAT WE DO: We offer participation in our paid on the job training followed by job opportunities as well as entrepreneurial opportunities for residents between the ages of 16-24, living in underprivileged communities within the City of Miami. Our most current on the job paid training and job placement opportunities are offered through our All -Star Youth Escape Carwash Detail Service, launched in August of 2021, amid the pandemic. Our carwash initiative has been successful in improving the quality of life for our fifteen (15) participants by assuring job placement after completion of their job training. Our mobile carwash pop -ups have also allowed our participants to provide services at many community events and businesses within the City of Miami. ENC04FAGING O REAME Frs PO Box 11363, Miami FL33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com PRIOR/CURRENT YEAR PROJECT DELIVERABLES: Staying true to our mission, we partnered with and supported local businesses to provide the following services and incentives to our participants: SERVICES PROVIDED / DELIVERABLES PROVIDED BY SUCCESS RATE Talent Acquisitions 1. The hiring of 15-20 youth and young adults within the City of Miami 2. The participation of 15 youth volunteers during Spring and Summer break Carwash Youth Escape Program Career Source South Florida Referrals from Local Businesses and Residents Improved social skills, Increased self- esteem and self-sufficiency and promotes a sense of fulfillment through community engagements On the job car detailing training which includes car tech videos Encouraging Dreamers Breaking Barriers, LLC All employees are certified car specialists within four weeks Financial Literacy Classes / Trainings Regions Bank and Encouraging Dreamers Breaking Barriers, LLC 90% of employees open new bank accounts within four weeks Mentorship and Life Skills Trainings Daily Staff Meetings - Encouraging Dreamers Breaking Barriers, LLC 95% of attendance rate, 95% employee uniformity and enhanced customers service Support of local businesses: Supplies purchased for the business 1. Neighborhood Price Choice Purchased meals for our participants: 2. 2 Guys 3. Chic-fil-A 4. Neighborhood Mc Donald's EDBB, INC (non-profit organization) and Encouraging Dreamers Breaking Barriers, LLC Improved social skills, Increased self - esteem and self-sufficiency and promotes a sense of fulfillment through community engagements Participation in the following community events: Father and Son Football Tournament, Thanksgiving Turkey Drive, Community Pop- up Events, Valentine Grams Drive, Back to School Drive, EDBB Annual Christmas Wishlist Event EDBB, INC (non-profit organization) and Encouraging Dreamers Breaking Barriers, LLC Improved social skills, Increased self - esteem and self-confidence and promotes a sense of fulfillment through community engagements PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com PRIOR YEAR PROJECT SUCCESS STORIES: SUCCESS STORY NO. 1 Our first success story was finding my father Randy Hudnell. One day God asked me "how can I save the world and forget about my own. With that though in mind I found my father who was homeless and on drugs at the time. It was a challenge looking past him being an absent parent but with God's permission I was able to forgive my father for his shortfall and offer him a life changing opportunity through employment with Encouraging Dreamer's Breaking Barriers Allstars Detailing Service. Mr. Hudnell, now has a stable job as a car tech specialist/record keeper, he has his own place and is no longer homeless. Our next mission is to assist him with his dream of opening his own business of selling nutritious and delicious organic and natural food and drinks. — Ijamyn Gray, CEO of Encouraging Dreamers Breaking Barriers, LLC .. r� tea„ SUCCESS STORY NO. 2 The second success story is helping groom and mentor Antiwone Johnson, who has been a part of Encouraging Dreamer's Breaking Barriers Allstars Detailing Service from its start. His dream is to someday own his own security company. As a result of shadowing the owner of EDBB, Antiwone has learned the tools needed to operate and manage his own business. He is now the proud owner of A3 Security Services, LLC, which is another service provided under the EDBB umbrella. — Ijamyn Gray, CEO of Encouraging Dreamers Breaking Barriers, LLC y SUCCESS STORY NO. 3 Our third success story was the hiring of a young man name Robert Whittle. He was featured on a documentary — Behind the Bars in Miami, where he was in Bootcamp after serving 5'/2 years in prison. He was released in June of 2021, and since his release from prison he has been employed by Encouraging Dreamer's Breaking Barriers Allstars Detailing Service. As a result he now has a stable source of income, has opened a bank account and has transformed his mind into being a model citizen and employee. — ljamyn Gray, CEO of Encouraging Dreamers Breaking Barriers, LLC SUCCESS STORY NO. 4 The fourth success story is the hiring of over 20 youth from different communities and creating a safe haven through our carwash youth escape initiative. These youth are learning the true meaning of "One Brother One Hood". Each day they realize that this carwash is a life changing opportunity where we wash away our past while waxing and shining into a brighter future — Ijamyn Gray, CEO of Encouraging Dreamers Breaking Barriers, LLC ENC:OtJflAC3IF4OOREAMER'S PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com WHAT WE NEED: We are pleased to submit this funding request to the City of Miami SEOPW CRA. support our continual efforts. Our desire is to build a relationship with the SEOPW CRA and work in conjunction with the city to achieve its redevelopment goals by supporting our local car washing project. This project will enhance many City of Miami residents by providing jobs and a service within the local community, while improving the quality of life and promoting entrepreneurship and technology innovations to its participants. The total operating cost per year to fund this program is Three Hundred Thirty -Thousand Dollars ($330,000.00). In order to keep this effort ongoing, we are seeking your monetary support in the amount of Thirty -Six Thousand Dollars ($36,000.00), to be used to help fund our car wash/mentorship initiative expenses. With your support we will be able to continue to reach and teach the participates in our program. Our goal is to give the youth of today an opportunity to learn all the tools needed in becoming a successful business owner and a productive citizen. We realize not all youth are suited for college after graduating from high school. However, all youth can become productive citizens' by earning and learning. With your financial assistance this opportunity will continue to create jobs for our youth and give them a sense of responsibility geared towards earning an honest living. We promote self-worth and reduce the chances of our participants from engaging in unproductive activities. I truly believe initiatives such as this is a necessity throughout our unprivileged neighborhoods/communities which ultimately empower our youth to become self-sufficient productive citizens. The requested funds will be allocated as follows: Item Description No. Unit Price Line Total 1 TRAINEES/ CONTRACT MANAGER $ 24,000.00 2 WRAPPING OF VANS $ 12,000.00 3 ADMINSTRATIVE / AUDIT SERVICES $ 4 Infrastructure Request — EDBB is requesting the continued use of the property located at 1490 NW 3`d Avenue for its services and mentorship program J Total Budget S 36,000.00 PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com WHY WE NEED IT: We have seen the effects of our program and community engagements and the outcome has been phenomenal thus far. I am a testimony of how programs such as this made a difference in my childhood. With youth violence on the rise our organization is committed to providing job opportunities, mentorship and other trainings, which teach life skills that focus on how to work through the many barriers that may prevent our participants from succeeding. CONCLUSION: Encouraging Dreamers Breaking Barriers, LLC takes pride in caring for our employees, our customers, our shareholders and our environment. We hire dedicated employees who have similar values. We are a customer -first establishment, and we provide all of our employees the opportunity to build everlasting careers. EDBB All Star Youth Escape Detailing Services has created a working environment in the City of Miami where employees can perform their best and strive to achieve his or her personal goals. Because of our detailed training and safety program, we encourage our employees to dream big despite the barriers we face. We are confident that we can meet the challenges ahead and stand ready to partner with you in delivering an effective, employee invested, and customer first solution. Thank you for your consideration, Mr. Ijamyn Gray, Founder Encouraging Dreamers Breaking Barriers, LLC (EDBB All Star Youth Escape Carwash Detailing Services) PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com MONTH PROJECT TIMELINE January 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners, and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Father and Son Football Tournament" February 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "EDBB Spreading Love on Valentine's Day" March 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Spring Break Youth Escape" April 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Easter Egg Give Away Car Wash Drive" May 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • EDBB Annual Team Building Event — "Car Wash Expo" June 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Summer Break Youth Escape" July 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Summer Break Youth Escape continued" August 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Back to School Youth Car wash Drive" PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com September 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Teacher Planning Day Youth Car Wash" October 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Trick or Treat Youth Car Wash Candy Drive" November 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "Turkey Give -Away Youth Car Wash Drive" December 2022 • Meeting with team daily • Meet with CRA Project Manager weekly • Detail cleaning of vehicles (residents, local business owners and employees) • Complete Bi-weekly Professionalism and Skills Trainings • Engage in Community Event — "EDBB Christmas Wishlist Toy Drive" TRAININGS All employees will attend trainings on the proper techniques to detail all vehicles and safety precautions before any work is performed on the vehicles. Professionalism and Skills Trainings are conducted monthly and mandatory for all employees. TITLE NEW HIRE ORIENTATION ADMINISTERED BY EDBB INC CAR WASH DETAILING TRAINING / SERIES 101-105 Ammo Training Academy PROFESSIONALISM IN THE WORK -PLACE EDBB INC / Bogie Knowledge House (BKH) FINANCIAL LITERACY REGIONS BANK & TRANSITION INC DRESS CODE EDBB INC / Bogie Knowledge House (BKH) GOOD DECISION MAKING EDBB INC / Bogie Knowledge House (BKH) CUSTOMER SERVICE EDBB INC / Bogie Knowledge House (BKH) EMOTIONAL INTELLIGENCE EDBB INC / Bogie Knowledge House (BKH) RESPECT IN THE WORKPLACE EDBB INC / Bogie Knowledge House (BKH) SEXUAL HARASSMENT IN THE WORKPLACE EDBB INC / Bogie Knowledge House (BKH) TIME MANAGEMENT EDBB INC / Bogie Knowledge House (BKH) MONEY MANAGEMENT EDBB INC / Bogie Knowledge House (BKH) PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamersPgmail.com Training Sessions Photographs PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com Training Sessions Photographs PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com Onste Special Carwash Experiences Th;e Nis;-torijc,Baptist C twpithVJjjjj Co. m;m; jss jo n;er VJeh;i R;omej Fooc!) Trmc l<; Flint Baby VJe.;Akie; Swijted fot Seiccejss; Service UJe,h:icI PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@gmail.com n s tre, C arwas h Experiences Pop-up Carwash Event in Liberty City CCC Miami Custom Golf Carts City of Sunny Isles Trolley Bases City of Miami Mayor Tesla Vehicle City of Miami PAL Ice Cream Truck NCOIJ F AO t N O O F2 E A M E F'.3 PO Box 11363, Miami FL 33101 Office (786) 317-7729 Email: encouragingdreamers@Bmail.com EXHIBIT "C" Insurance Requirements INSURANCE REQUIREMENTS - ENCOURAGING DREAMERS BREAKING BARRIERS, LLC I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami and SEOPWCRA listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability (if applicable) A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami and SEOPWCRA listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 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 raw-) The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer 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.