HomeMy WebLinkAbout24272AGREEMENT INFORMATION
AGREEMENT NUMBER
24272
NAME/TYPE OF AGREEMENT
SEOPW CRA & LIBERTY CITY COMMUNITY REVITALIZATION
TRUST
DESCRIPTION
GRANT AGREEMENT/THE YOUTH EMPLOYMENT
PROGRAM/FILE ID: 12347/CRA-R-22-0031
EFFECTIVE DATE
July 28, 2022
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
2/15/2023
DATE RECEIVED FROM ISSUING
DEPT.
2/22/2023
NOTE
GRANT AGREEMENT
,July 202,2
This GRANT AGREEMENT ("Agreement") is made as of this 2S day of 20231"Effective
Date") by and between 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 LIBERTY CITY COMMUNITY REVITALIZATION TRUST,
an agency and instrumentality of the City of Miami ("Grantee").
RECITALS
A. WHEREAS, it is the purpose and intent of this Agreement to allow and authorize the SEOPW
CRA and Grantee to make the most efficient use of their respective powers, resources, authority, and capabilities
by enabling them to corporate on the basis of mutual advantage and thereby achieve the results provided thereby
pursuant to Section 163.01, Florida Statutes, he Florida Interlocal Cooperation Act (the "Cooperation Agreement");
and
B. WHEREAS, the SEOPW CRA is a community redevelopment agency created pursuant to Chapter
163, Florida Statutes, and is responsible for carrying out Community Redevelopment activities and projects within
its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Updated Plan
(the "Updated Plan"); and
C. WHEREAS, under Florida Statutes, Section 163.340(9) of the Community Redevelopment Act,
(the "Act"), "community redevelopment means projects of a ... community redevelopment agency in a community
redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and
D. WHEREAS, Section 2, Goal 4 on page 10 of the 2018 Southeast Overtown/Park West Community
Redevelopment Agency Updated Plan (the "Updated Plan") lists the "creati[on] of jobs within the community..."
as a stated redevelopment goal; and
E. WHEREAS, Section 2, Goal 6, on page 10 of the 2018 Southeast Overtown/Park West
Community Updated Redevelopment Agency Plan (the "Updated Plan"), lists the "[i]mprove[ment] of the [q]uality
of [1]ife for residents" as a stated redevelopment goal; and
F. WHEREAS, Section 2, Principle 4, on page 13 of the Updated Plan provides that "employment
opportunities be made available to existing residents ..." as a stated redevelopment principle; and
G. WHEREAS, Section 2, Principle 6, on page 14 of the Updated Plan also provides that the CRA
authorized to "address and improve the neighborhood economy and expand economic opportunities of present and
future residents ..."
H. WHEREAS, Grantee is an agency and instrumentality of the City of Miami, and since 2015
created a program that has employed over 400 youth to date; and
I. WHEREAS, Grantee employees youth between the ages 14 -18, who will receive or have received
a stipend of $10.00 per hour, and mentoring; and
J. WHEREAS, grant funds for this project will be used to administer a Summer Youth Employment
Program which will run for eight (8) weeks, from June 14, 2022 through August 4, 2022, (the "Program");
K. WHEREAS, the Program is designed to assist young residents with developing communication
skills, resume writing, job search, and provide training to young adults on how to apply for jobs. Attendees will
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earn an hourly stipend of Ten Dollars and Zero Cents ($10.00) and after completing the YEP eight -week course,
participants will receive a certificate of completion; and
L. WHEREAS, the Board of Commissioners, Resolution No. CRA-R-22-0031 attached hereto as
Exhibit "A", passed, and adopted on July 28, 2022, authorized the issuance of a grant to Grantee, in an amount
not to exceed Twenty -Five Thousand Dollars and Zero Cents ($25,000.00), to underwrite the costs associated with
the Program; and
M. 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 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.
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 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 Twenty -Five Thousand
Dollars and Zero Cents ($25,000.00), are expended, whichever occurs first. 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 an amount not to exceed Twenty -Five Thousand Dollars
($25,000.00) . In no event shall payments to Grantee under this Agreement exceed Twenty -Five Thousand Dollars
and Zero Cents ($25,000.00), 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 SEOPW 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 "B", 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
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name, and not in the name of the SEOPW CRA in light of Grantee's inability to bind the SEOPW CRA to any
legal and/or monetary obligation whatsoever. The SEOPW CRA reserves the right to request additional supporting
documentation for any expenditures, and the SEOPW 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 SEOPW 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 SEOPW CRA.
c. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made
to Grantee as a reimbursement for any Project -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 SEOPW 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
requirements affecting the SEOPW CRA 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 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 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 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 SEOPW CRA audit rights in Section 9(c) below, Grantee acknowledges and accepts the
SEOPW CRA 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 SEOPW CRA 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.
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b. REPORTS. Grantee shall deliver to the SEOPW CRA reports relating to the use of grant
funds as requested by the SEOPW 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 SEOPW 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 SEOPW 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 SEOPW CRA of any inconsistent, incomplete, or
inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA.
9. UNUSED FUNDS. Upon the expiration of the term of this Agreement, Grantee shall transfer to
the SEOPW CRA any unused grant funds on hand at the time of such expiration.
10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. Grantee represents, warrants, and
certifies the following:
a. INVOICES. Invoices for all expenditures paid for by Grantee shall be submitted to the
SEOPW 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 SEOPW CRA for the amount
of the grant expended in a mariner 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,
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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 SEOPW CRA shall not be liable to Grantee for
amendment or termination of this Agreement pursuant to this Section.
14. MARKETING.
a. PUBLICATION. In the event Grantee wishes to engage in any marketing efforts, Grantee
shall, if approved by the SEOPW CRA in accordance with Section 14(b) below, produce, publish, advertise,
disclose, or exhibit the SEOPW CRA name and/or logo, in acknowledgement of the SEOPW CRA 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 SEOPW 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 ag ees that the SEOPW CRA 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 SEOPW CRA name and logo, confers or
may be construed as conferring upon Grantee any right, title, or interest whatsoever in the SEOPW CRA 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 SEOPW CRA that such failure has occurred, then 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 Grantee, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the SEOPW CRA directly to Grantee and utilized by Grantee in violation
of this Agreement shall be immediately returned to the SEOPW 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 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 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
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liability of the SEOPW 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 SEOPW 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 SEOPW CRA be liable to Grantee for
any additional compensation, other than that provided herein.
18. INDEMNIFICATION OF THE SEOPW CRA. The provisions of this paragraph and all liability
of the Grantee shall be subject to limitations imposed by Section 768.28 Florida Statutes.
19. INSURANCE. The provisions of this paragraph and all of the requirements for Grantee shall be
subject to Section 768.28 of Florida Statute. 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.
20. DISPUTES. In the event of a dispute between the Executive Director of the SEOPW CRA and
Grantee as to the terms and conditions of this Agreement, the Executive Director of the SEOPW 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 SEOPW CRA 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 SEOPW 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.
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.
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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 SEOPW CRA, all documents developed by
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. 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 Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA and shall
not be used by Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA.
24. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any person
employed by the SEOPW 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 SEOPW 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 SEOPW CRA prior written consent which may be withheld by the
SEOPW CRA, in its sole discretion.
26. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida
law.
27. TERMINATION. The SEOPW 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 SEOPW CRA
terminate this Agreement, the SEOPW CRA will be relieved of all obligations under this Agreement. In no way
shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under this
Section.
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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 SEOPW 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
Mark Stallworth, Program Compliance Analyst
Email: Mstallworth@miamigov.com
Elaine H. Black, President/CEO
Liberty City Community Revitalization Trust
4800 N.W. 12th Avenue
Miami, FL 33127
Email: eblack@ci.miami.fl.us
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.
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.
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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 SEOPW CRA and Grantee have executed this
Agreement.
ATTEST:
me: Todd B.
Title: Clerk of the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Name: Vincent T. Brown, Esq.
Title: Staff Counsel
WITNESSES:
By:
Print:
By:
Print:
{0110041, I" uGi
4Q/ 1
nrTo i 1ft C)LA,14
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:
Name J .roes McQueen
Title: Executive Director
APPROVED AS TO INSURANCE
REQUIREMENTS:
By: Frank Gomez (Feb 10, 2023 11:59 EST)
Name: Ann -Marie Sharpe
Title: Director of Risk Management
LIBERTY CITY COMMUNITY REVITALIZATION
TRUST, an agency and instrumentality of the City of
Miami ("Grantee")
By: Elaine H. Black, its President/CEO
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Exhibit "A"
Resolution No. CRA-R-22-003 1
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-22-0031
File Number: 12347
Final Action Date:7/28/2022
THIS RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY AUTHORIZES A GRANT TO LIBERTY CITY TRUST IN AN AMOUNT
NOT TO EXCEED $25,000.00, TO UNDERWRITE COSTS ASSOCIATED WITH
THE YOUTH EMPLOYMENT PROGRAM ("YEP"); AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR
SAID PURPOSE; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO
DISBURSE FUNDS, AT HIS DISCRETION, UPON PRESENTATION OF
INVOICES AND SATISFACTORY DOCUMENTATION; FUNDING SUBJECT TO
THE AVAILABILITY OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY FUNDS, FROM ACCOUNT
10050.920101.883000.0000.00000 — SEOPW — OTHER GRANT AND AIDS;
PROVIDING FOR INCORPORATION OF RECITALS AND AN EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out Community Redevelopment activities and projects within its redevelopment
area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Updated Plan (the
"Updated Plan"); and
WHEREAS, under Florida Statutes, Section 163.340(9) of the Community Redevelopment Act,
(the "Act"), "community redevelopment means projects of a ... community redevelopment agency in a
community redevelopment area for the elimination and prevention of the development or spread of slum
and blight"; and
WHEREAS, Section 2, Goal 4 on page 10 of the 2018 Southeast Overtown/Park West
Community Redevelopment Agency Updated Plan (the "Updated Plan") lists the "creati[on of] jobs
within the community..." as a stated redevelopment goal; and
WHEREAS, Section 2, Goal 6, on page 10 of the 2018 Southeast Overtown/Park West
Community Updated Redevelopment Agency Plan (the "Updated Plan"), lists the "[i]mprove[ment of] the
[g]uality of [1]ife for residents" as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 4, on page 13 of the Updated Plan provides that "employment
opportunities be made available to existing residents ..." as a stated redevelopment principle; and
WHEREAS, Section 2, Principle 6, on page 14 of the Updated Plan provides that to "address and
improve the neighborhood economy and expand economic opportunities of present and future residents
..."; and
WHEREAS, Liberty City Trust, located at 4800 NW 12th Avenue, Miami, Florida 33127, is a
not for profit organization that has provided the YEP since 2015; and
City of Miami Page 1 of 2 File ID: 12347 (Revision:) Printed On: 8/1/2022
File ID: 12347 Enactment Number: CRA-R-22-0031
WHEREAS, the program is designed to develop Participants will develop career planning which will
include developing communication skills, resume writing, job search, and how to apply for jobs. After
completing the YEP eight -week course, participants will receive a certificate of completion; and
WHEREAS, YEP grant funds for this program will be used to administer an eight -week course to
ten participants from June 14, 2022, through August 4, 2022, between the ages of 14 — 18 who will
receive a stipend of $10.00 per hour; and
WHEREAS, the Board of Commissioners wishes to authorize the issuance of a grant to Liberty
City Trust, in an amount not to exceed $25,000.00, to underwrite the costs associated with the Youth
Employment Program; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA redevelopment goals and objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 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 to Liberty
City Trust, in an amount not to exceed $25,000.00, to underwrite the costs associated with the Youth
Employment 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 to vendors, upon presentation of invoices and satisfactory documentation.
Section 5. The funding for this project is subject to the availability of the Southeast
Overtown/Park West Community Redevelopment Agency funds, account
10050.920101.883000.0000.00000 - SEOPW - Other Grant and Aids.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
V' a ounsel 7/22/2022
City of Miami Page 2 of 2 File ID: 12347 (Revision:) Printed on: 8/1/2022
Exhibit "B"
Scope of Work and Budget
LIBERTY CITY
TRUST
{.ItN...rty Ci!1'
May 31, 2022
James McQueen, Executive Director
Southeast Overtown/Park West
Community Redevelopment Agency
819 NW 2nd Avenue
3rd Floor
Miami, Florida 33136
Re: 2022 Youth Employment Program (YEP)
Request for Funds
Dear Mr. McQueen:
The Liberty City Trust is requesting funding to continue to employ youth for the 2022
Summer Youth Employment Program. The summer program will employ up to 10 or
more Overtown youth between the ages of 14 and 18. Youth are given the opportunity to
work 20 hours per week for 8 weeks at the rate of $10.00 per hour.
The Liberty City Trust ("Trust") was created by Ordinance 12859 in 2006, which
Ordinance charge the Trust to provide oversight and facilitate the City's revitalization
efforts and activities according to the City's Five Year Consolidated Plan. In 2015, the
Trust implemented a summer youth employment program through funds provided by
the District V Anti -Poverty Initiative. Through this program, the Trust has employed
over 400 youth to date. The following components were added to the program: (1)
Restaurant Component in which 12 participants upon graduating from school received
their Food Safety Licenses and had the opportunity to become employed in the food
industry, as Managers, or even Chefs; and (2) Artificial Turf wherein the youth prepared
the fields for athletes to play on. At the end of the summer program, participants were
invited to a recognition ceremony and given certificates of completion.
This summer youth program will aid and provide participants the following: (1) income
to low-income based families; (2) job experience; and (3) an outlet to keep youth out of
trouble while school is out for the summer. Our goal is to continue working to build
individual strengths of the participants and incorporating youth development principles
as being key for career development and work force readiness. These principles include
James McQueen, Executive Director
May 31, 2022
Page 2 of 2
engaging the talents and interests of youth, developing their skills and competencies, and
providing positive adult role models.
The Liberty City Trust is requesting $25,000.00 to fund the following program items:
• Salary (10 participants @ $10 per hour) $20,800.00
• FICA Taxes/Unemployment 1,591.00
• ADP Fee 700.00
• Background Checks 845.00
• Supplies 479.00
• Uniforms 585.00
$25,000.00
Should you have any questions or concerns, please do not hesitate to contact us at (305)
329-4707. We thank you in advance for your consideration of this summer youth
program initiative for 2022,
Sincerely,
Elaine H. Black
President/CEO
Attachments:
YEP pictures
YOUTH EMAti M,PrPkfNiRAM
LIBERTY CITY
TRUST
YoL"l'H EMPLOYMENT PROGRA,i41
History oldie Liberty City
Community Revitalization Trust
The Liberty City Community Revitalization
Trust (the "Trust") was created by ordinance
No. 12859 in 2006. The Ordinance charges the
Trust to provide oversight and facilitate the
City's revitalization efforts and activities.
In 2015, the Trust implemented a Summer
Youth Employment Program (SYEP) which has
employed over400youth and the number keeps
growing every year. This program aides and
provides to the community (1) income to low-
income based families; (2) job experience; and
(3) youth an outlet to keep out of trouble while
school is out for the summer.
The summer program employs individuals
between the ages of 14 and 18. It is a work
program designed to:
(1) build the strengths of the participant;
(2) promote career development; and
(3) work force readiness.
In addition, to it being a work experience
program, we are engaging the talents and
interests of the intern to develop life skills and
competencies as follows:
Course goals
• Learn and improve Employment, Social
and Financial Management Skills
• Apply classroom theory to real job
experiences.
• Gain a better understanding of human
relations in the workplace.
Course Duration
June 14, 2022 -August 4, 2022
Group Sessions - 2 hours a week
Individual Session -1 hour for interns who may
need additional assistance.
Courseworl;. Calendar
June 13 - 17, 2022
Orientation: Introduction to the program,
worksites and supervisors.
June 20 - 24, 2022
SelfEsteem: Interns willlearn about self esteem
through various exercises and assignments.
June 27- July 1,2022
Resume Writing: Introduction to the
fundamentals of resume building.
July4-7,2022
Speaking: Confidence in Speaking. Interns will
work on speaking in public and create a 90
minute elevator speech.
July 11-15, 2022
Writing, Application Completion and
Answering written questions
July 18-22, 2022
Financial Management (Guest): Interns will
learn the basic ofmanaging their finances; from
starting a bank account and depositing checks
to using online banking and income taxes from
a Finance Expert
July 25 - 29, 2022
Job Search and Career Planning: Using aII skills
from the previous weeks to help the students
define their career path and learn to use online
job services to apply for jobs.
August 1-5, 2022
Review/Closing Event: Interns will review the 8
week curriculum and show how they can apply
their lesson to real Job experience.
Exhibit "C"
Insurance Requirements
I. INSURANCE REQUIREMENTS FOR GRANTEE
A. COMMERCIAL GENERAL LIABILITY (CGL) with the minimum limits of
One Million Dollars ($1,000,000.00) for each occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars
($2,000,000.00). Coverage must be afforded on a primary and non-contributory basis and
with a coverage form no more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
1. Products and/or Completed Operations for contracts with an Aggregate
Limit of One Million Dollars ($1,000,000.00) per project.
2. Personal and Advertising Injury with an aggregate limit of One Million
Dollars ($1,000,000).
3. Additional Endorsements:
a. Premises and Operations Liability
b. Contingent and Contractual Liability
4. Additional Insureds: The following must each be included as additional
insureds on the policy affording the aforementioned coverage for the amounts specified above,
and each must be issued certificates of insurances reflecting such coverage.
a. City of Miami
Attn: Risk Management
444 SW 2nd Avenue
Miami, Florida 33130
b. Southeast Overtown/Park West Community Redevelopment
Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
B. BUSINESS AUTOMOBILE LIABILITY with the minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit for Bodily Injury
and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Automobile Liability policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
1. Any Auto, Owned Autos, Scheduled Autos, including Hired, Borrowed or
Non -Owned Autos
2. Additional Insureds: The following must each be included as additional
insureds on the policy affording the aforementioned coverage for the amounts specified above,
and each must be issued certificates of insurances reflecting such coverage.
a. City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Attn: Risk Management
b. Southeast Overtown/Park West Community Redevelopment
Agency
819 NW 2nd Avenue, 3rd Floor
Miami, Florida 33136
C. WORKER'S COMPENSATION (if applicable) insurance for the payment of
compensation and other benefits in accordance with the Workers' Compensation Law, Chapter
440, Florida Statutes, and all applicable federal laws, for the coverage of occupational injury or
disease suffered by Grantee's employees. Additionally, the policy(ies) must include a waiver of
subrogation.
D. PROFESSIONAL LIABILITY/E&O shall be provided in amounts not less than
Three Hundred Thousand Dollars ($300,000.00) per each claim; Three Hundred Thousand
Dollars ($300,000.00) policy aggregate; and include retroactive date.
E. CONDITIONS. The above policies shall provide the CRA and 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. If the initial insurance expires prior to the completion
of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date
of their expiration. The required Certificates of Insurance referenced above shall name the types
of policies provided, refer specifically to this Contract, and state that such insurance is as required
by this Contract.
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.
The CRA's Risk Administrator or his/her authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage, deductibles
or other insurance obligations by providing a thirty (30) day written notice to the Contractor or
applicable subcontractor. The Grantee shall comply with such requests unless the insurance
coverage is not then readily available in the national market. An additive or deductive change
order will be issued to adjust the contract value as necessary. For insurance bonding issues and
decisions, the CRA shall act through its Risk Administrator (unless otherwise stated).
YEP Grant Agreement
Final Audit Report
2023-02-10
Created:
By:
Status:
Transaction ID:
2023-02-10
Antonette English (aenglish@miamigov.com),
Signed
CBJCH BCAABAAogDVIAZbpMz5eE6MmaLom P_MChRq KWw1
"YEP Grant Agreement" History
n Document created by Antonette English (aenglish@miamigov.com)
2023-02-10 - 4:40:16 PM GMT- IP address: 149.19.49.145
' Document emailed to fgomez@miamigov.com for signature
2023-02-10 - 4:42:02 PM GMT
n Email viewed by fgomez@miamigov.com
2023-02-10 - 4:57:05 PM GMT- IP address: 149.19.41.27
65 Signer fgomez@miamigov.com entered name at signing as Frank Gomez
2023-02-10 - 4:58:58 PM GMT- IP address: 149.19.41.27
It Document e-signed by Frank Gomez (fgomez@miamigov.com)
Signature Date: 2023-02-10 - 4:59:00 PM GMT - Time Source: server- IP address: 149.19.41.27- Signature captured from device with phone
number X)00XXXX3372
Agreement completed.
2023-02-10 - 4:59:00 PM GMT
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