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HomeMy WebLinkAbout24393AGREEMENT INFORMATION AGREEMENT NUMBER 24393 NAME/TYPE OF AGREEMENT SEOPW CRA & THE DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE, FLORIDA DESCRIPTION GRANT AGREEMENT/HOSPITALITY INSTITUTE JOB TRAINING & JOB PLACEMENT PROGRAM/FILE ID: 12142/CRA- R-22-0025 EFFECTIVE DATE March 24, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/17/2023 DATE RECEIVED FROM ISSUING DEPT. 5/3/2023 NOTE 2'139 3 GRANT AGREEMENT 2,023 This GRANT AGREEMENT ("Agreement") is made as of this /4 day of MpirCh _2022 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA"), and THE DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE, FLORIDA doing business as MIAMI DADE COLLEGE, a public educational institution and political subdivision of the State of Florida ("Grantee"). RECITALS A. WHEREAS, the SEOPW CRA is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Plan, as amended and restated (the "Plan"); and B. WHEREAS, Section 2, Goal 4, at page 11, of the Plan lists the "creation of jobs within the community," as a stated redevelopment goal; and C. WHEREAS, Section 2, Goal 6, at page 11, of the Plan also lists "improving the quality of life for residents," as a stated redevelopment goal", as a stated redevelopment principle; and D. WHEREAS, Section 2, Principle 4, at page 14, of the Plan provides "that employment opportunities be made available to existing residents ...," as a stated redevelopment principle; and E. WHEREAS, the Grantee has developed the Hospitality Institute Job Training and Job Placement Program, which offers job training and employment opportunities in the hospitality industry to residents of the Redevelopment Area ("Project"); and F. WHEREAS, on June 23, 2022, the Board of Commissioners, adopted Resolution No. CRA-R-22- 0025 attached hereto as Exhibit "A," authorizing the issuance of a grant, in an amount not to exceed Two Hundred Twenty Five Thousand Dollars and No Cents ($225,000.00) for a term of one-year, with the option to renew for three additional one-year periods, for a total amount not to exceed Nine Hundred Thousand Dollars and No Cents ($900,000.00), to the Grantee to underwrite costs associated with the Project; and G. WHEREAS, the parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of the Grant; and NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the SEOPW CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct and are incorporated herein by referenced and made a part hereof. GRANT. Subject to the terms and conditions set forth herein and as incorporated in the Miami Dade College — Wolfson Campus the Hospitality Institute Southeast Overtown / Park West Community Redevelopment Agency Scope of Services Year One of a Grant that is eligible for three additional one-year renewals and a total amount of Nine Hundred Thousand Dollars and No Cents ($900,000.00), and budget, herein attached as Exhibit A; and Grantee's compliance with all of its obligations hereunder, the SEOPW CRA hereby Page 1 of 10 agrees to make available to the Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 2. USE OF GRANT. The Grant shall be used to underwrite costs associated with the continued operation and programming of the Project, in accordance with Exhibit `B", attached hereto and incorporated herein. 3. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of full disbursement of Two Hundred and Fifty Thousand Dollars and No Cents (S250,000.00) or one (1) year from the Effective Date, or earlier as provided for herein; provided, however, that 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/ hold harmless , and recovery of fees and costs. Any renewals or extensions of this Agreement shall be in writing and executed by both parties. 4. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the tenns and conditions contained in this Agreement, the SEOPW CRA shall make available to Grantee an amount not to exceed Two Hundred Twenty -Five Thousand Dollars and No Cents (S225,000.00) for the Term of this Agreement. In no event shall payments to Grantee under this Agreement exceed Nine .Hundred Thousand Dollars and No Cents (S900,000.00). The SEOPW CRA shall have no liability to pay any funds or provide other resources in excess of the cumulative grant amount of Nine Hundred Thousand Dollars and No Cents (S900,000.00). Payments shall be made to Grantee only after receipt and approval of requests for disbursements. b. REQUESTS FOR DISBURSEMENT OF GRANT. The SEOPW CRA shall review requests for disbursement of grant funds by the Grantee to ensure that the amount sought is within the scope of work and budget attached hereto as Exhibit "B." Further, the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the scope of work and budget and such expenses shall be borne solely by the Grantee. All requests for the disbursement of grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for disbursement of grant funds must be in writing and must be accompanied by supporting documents reflecting the use of grant funds and/or expenditures incurred, and that said request is being made in accordance with the Project's approved scope of work and budget and for expenditures incurred during the Term of this Agreement, as reflected in Exhibit "B." For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Project shall be in the name of the Grantee, and not in the name of the SEOPW CRA in light of the Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW CRA retains the right to request additional supporting documentation, or additional explanation for any and all expenses incurred by the Grantee. Grantee's failure to provide additional supporting documentation or additional explanation regarding expenses incurred shall serve as grounds for denial of the request for disbursement, and the Grantee shall bear the costs associated with any expenditures incurred prior to the date of termination and 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 the Grantee or Grantee's vendors for services not performed or for goods, materials or equipment which have not Page 2 of 10.. been delivered to the Grantee for use in connection with the Project, unless otherwise authorized by the SEOPW CRA in writing. 5. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record -keeping, administrative and contracting guidelines and other requirements affecting the SEOPW CRA's activities in issuing the Grant. SEOPW CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Include a Financial Literacy component to assist with everyday life financial roadblocks. Acquiring a financial literate skill will assist with economic distress, improve the standard of living, and support financial stability. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply, and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 6. 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 (thatis, 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. 7. 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, as amended. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the SEOPW CRA's audit rights in Section 8(c) below, the Grantee acknowledges and accepts the SEOPW CRA's right to access the Grantee's records, legal representatives' and contractors' records directly concerning this Agreement, and the obligation of the Grantees to retain and to make those records available upon request, and in accordance with all applicable laws. The Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, the Grantee's contractors and subcontractors must make available, upon the SEOPW CRA's request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Project for a period of five (5) years after the expiration, early termination, or cancellation of this Agreement. However, in no event shall any person or entity be entitled to access or information from any educational record(s) covered by either the Family Educational Rights and Privacy Act ("FERPA") or Section 1002.22, Fla. Stat., unless otherwise authorized thereby. Grantee agrees to comply with Chapter 119, Florida Statutes, including Section 119.0701, as may be applicable. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 679-6800, 819 NW 2nd Avenue, 3`d Floor, Miami, FL 33136 . b. REPORTS. The Grantee shall deliver to the SEOPW CRA reports relating to the use of the Grant as requested by the SEOPW CRA, from time to time. Failure to provide said reports shall result in grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the Grantee in providing such reports may be considered a default under this Agreement. c. AUDIT RIGHTS. The SEOPW CRA shall have the right to conduct audits of the Page 3 of 10 Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. The Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA. 8. UNUSED FUNDS. Upon the expiration of the term of this Agreement, the Grantee shall promptly transfer to the SEOPW CRA any unused Grant funds on hand at the time of such expiration. 9. REPRESENTATIONS: WARRANTIES: CERTIFICATIONS. The Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. The Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the scope of work and budget set forth in Exhibit "B." Invoices will be proper invoices as defined by Section 218.72, Florida Statutes, as amended. b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project in accordance with the scope of work and budget set forth in Exhibit `B." All expenditures of the Grant will be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records will be maintained. d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political activities. e. LIABILITY GENERALLY. The Grantee shall be liable to the SEOPW CRA 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 the Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which the Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances upon any property of the Grantee. 10. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub- contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law in connection with its performance under this Agreement. Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, disability or any other member of a protected class be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. Page 4 of 10 11. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by the Grantee. The Grantee covenants, represents and warrants that it will comply with all such conflict -of -interest provisions as it pertains to this Agreement: a. Code of the City of Miami, Florida, Chapter 2, ArticIe V. b. Miami -Dade County Code, Section 2-11.1. c. Chapter 112, Part III, Sections 11.2.31I-1.12.3261, Florida Statutes, Code of Ethics for Public Officers, and Employees 12. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The SEOPW CRA shall not be liable to the Grantee for amendment or termination of this Agreement pursuant to this Section. 13. MARKETING. a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the Grantee shall, if approved by the SEOPW CRA in accordance with Section 14(b) below, produce, publish advertise, disclose, or exhibit the SEOPW CRA's name and/or logo, in acknowledgement of the SEOPW CRA's contribution to the Project, in all forms of media and communications created by the Grantee for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or interviews. The Grantee's acknowledgement shall consist of the following: "The Hospitality Institute is sponsored in part by the Southeast Overtown/Park West Community Redevelopment Agency of the City ofMiami. " 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. The Grantee further agrees that the SEOPW CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in the Grantee's use of the SEOPW CRA's name and logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the SEOPW CRA's name and logo beyond the right granted in this Agreement. 14. DEFAULT. If the Grantee fails to comply with any term or condition of this Agreement or fails to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA directly to the Grantee and utilized by the Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. Each Party understands and agrees that termination of this Agreement under this section shall not release either Party from any obligation accruing prior to the effective date of termination. 15. (INTENTIONALLY LEFT BLANK' 16. INDEMNIFICATION OF THE SEOPW CRA. Subject to the provisions, limits and limitations of Section 768.28, Fla. Stat., as may be amended, the Grantee agrees to indemnify, defend, protect and hold Page 5 of 10 harmless the SEOPW CRA and its officials and the City of Miami, and its officials , jointly and severally from and against all loss, costs, penalties, fines, damages, claims, expenses (including reasonable attomey'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 including loss of use arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, goods, materials and equipment contemplated by this Agreement or the Project, including , without limitation, risk of loss of artwork on display for the duration of this Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA; or (ii) the failures of the Grantee to comply with any of the paragraphs, terms or provisions herein; or (iii) the failure of the Grantee, to conform to applicable statutes, ordinances, or other regulations or requirements of any governmental authority or agency , federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. This Section shall survive the cancellation or expiration of this Agreement. 17. INSURANCE. The parties acknowledge that Grantee is self -insured in accordance with the limitations set forth in Section 768.28, Florida Statutes. 18. DISPUTES. In the event of a dispute between the Executive Director of the SEOPW CRA and the Grantee as to the terms and conditions of this Agreement, the Executive Director of the SEOPW CRA and the Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the SEOPW CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the SEOPW CRA. This section is a condition precedent to the institution of a civil action between the parties arising out of the terms of this Agreement. The Grantee may thereafter bring an action in a court of competent jurisdiction in Miami -Dade County, Florida should it disagree with the Board's decision. 19. IN 1'bRPRETATION. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the SEOPW CRA and the Grantee relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. Page 6 of 10 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. Al] of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY: Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terns hereof or otherwise give rise to any cause of action in any party not a party hereto. 20. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 21. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by the Grantee specifically to provide the services specifically contemplated by this Agreement shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the SEOPW CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. However, in no event shall this Section 21 apply to any educational record(s) covered by either the Family Educational Rights and Privacy Act ("FERPA") or Section 1002.22, Fla. Stat. It is further understood by and between the parties that any document which is given by the SEOPW CRA to the Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA and shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA. 22. AWARD OF AGREEMENT. The 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. Page 7 of 10 23. NON-DELEGABILITY. The obligations of the Grantee under this Agreement shall not be delegated or assigned to any other party without the SEOPW CRA's prior written consent which may be withheld by the SEOPW CRA, in its sole discretion. 24. CONSTRUCTION: VENUE: ATTORNEY'S FEES. This Agreement shall be construed and enforced in accordance with Florida law. Venue in all actions or proceedings between the parties shall be within Miami -Dade County, Florida. Each party will bear their own respective attorney'; s fees; providing, however, that this sentence will not apply to Grantee's duty to indemnify the SEOPW CRA pursuant to Section 16 of this Agreement. 25. TERMINATION. Either Party reserves the right to terminate this Agreement, at any time for any reason upon giving sixty (60) days written notice of termination to the other Party. If this Agreement should be terminated by the SEOPW CRA, the SEOPW CRA will be relieved of all obligations under this Agreement that have not yet occurred by the effective date of termination. In no way shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under this Section beyond the date of termination. In no event shall any such termination take effect until the completion of all courses and/or trainings then being offered. 26. 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. 2°d Avenue, 3`d Floor Miami, FL 33136 Email: vtbrown@miamigov.com To Grantee: With copy to: Vincent T. Brown, Staff Counsel Southeast Overtown/Park West Community Redevelopment. Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, FL 33136 Email: vtbrown@miamigov.com Dr. Malou C. Harrison, Executive Vice President and Provost Miami Dade College 300 N.E. 2nd Avenue Miami, FL 33132 With copy to: Dr. Beatriz Gonzalez, Campus President - Wolfson Miami Dade College, Wolfson Campus 300 N.E: 2nd Avenue Miami, FL 33 132 Page 8 of 10 27. INDEPENDENT CONTRACTOR; NO PARTNERSHIP. The Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the SEOPW CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SEOPW CRA. This Agreement will not be construed to create a partnership. joint venture or affiliated entity status between the parties. 28. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 29. COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 30. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. Agreement. h. 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] Page 9o.f10 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 the Grantee have executed this Agreement. ATTEST: Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Vincent T. Brown, Esq. Staff Counsel WITNESSES: Print: Chris Saunders Print: Philip Dickey_ SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuance to Section 163.356, Florida Statutes By: 111" James McQueen Executive Director APPROVMEM ED AS TO I' l7)�ita IPy sigCr%d by RECj°ITS: , Gomez, Frank gy rank Date: 2023.03.24 13:26:54 -04'00' Ann -Marie Sharpe Director, Risk Management Dept. THE DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE, FLORIDA, a/k/a MIAMI DADE COLLEGE, a public educational institution and political subdivision of th4 State of Florida ("Grantee): By: Dr. Malou C. l�i ison Executive Vice resident and Provost APPROVED AS TO FORM AND LEGAL SUFFICIENCY: f7aviet ley--Joto By: 1awer ley -Soto (Mar 8, 202314:45 EST) Page 10 of I 0 Javier A. Ley -Soto, Esq. College Legal Counsel EXHIBIT "A" RESOLUTION CRA-R-22-0025 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-22-0025 File Number: 12142 Final Action Date:6/23/2022 THIS RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") AUTHORIZES A GRANT, IN AN AMOUNT NOT TO EXCEED S225,000.00, TO MIAMI DADE COLLEGE ("MDC") TO UNDERWRITE COSTS ASSOCIATED WITH THE OPERATION OF THE HOSPITALITY AND CULINARY INSTITUTE FOR THE FIRST YEAR, WITH THREE ONE-YEAR OPTIONS TO RENEW FOR A PERIOD NOT TO EXCEED FOUR YEARS; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION; FUNDS TO BE ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000; PROVIDING FOR INCORPORATION OF RECITALS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Southeast OvertowniPark West Community Redevelopment Agency ("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 OvertownlPark West Redevelopment Plan ("Plan"); and WHEREAS, Section 2, Goal 4, at page 11, of the Plan lists the "creation [of] jobs within the community," as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6, at page 11, of the Plan lists "improving the quality of life for residents," as a stated redevelopment goal; and WHEREAS, Section 2, Principle 4, at page 14, of the Plan provides "that employment opportunities be made available to existing residents ...," as a stated redevelopment principle; and WHEREAS, the Board of Commissioners wish to authorize a grant, in an amount not to exceed $225,000.00, for the first year, with three one-year options to renew for a period not to exceed a total of four years and a total not to exceed $900,000.00; and WHEREAS, the Board of Commissioners finds that such a grant would further the aforementioned 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: City of Miami Page 1 of 2 File ID: 12142 (Revision: A) Printed On: 6/30/2022 File ID: 12142 Enactment Number: CRA-R-22.0025 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby authorizes a grant, in an amount not to exceed to $900,000.00, to Miami Dade College (" h1DC") for the operation of the Hospitality and Culinary Institute at a new location within the Redevelopment Area, for a four-year period, in an amount not to exceed $225,000.00 per year. 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 sufficiently detailed invoices and satisfactory documentation. Section 5. Funds are 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: V nsel . 6/27/2022 City of Miami Page 2 of 2 File ID: 12142 (Revision: A) Printed on: 6/30/2022 EXHIBIT "B" SCOPE OF SERVICES Miami Dade College Miami Dade College - Wolfson Campus The Hospitality Institute Southeast Overtown / Park West Community Redevelopment Agency Funding Proposal and Budget 2022-2023 The Hospitality Institute Mission To improve the quality of life in underprivileged and inner-city areas within Miami and beyond through targeted and customized workforce training and gainful employment supported by holistic services to enable sustainability. Program Overview The Hospitality Institute ("HI") was created in 2008 to connect underserved inner-city residents to Miami's hospitality and culinary industry through education and training opportunities. Since its inception, HI has provided training and employment services to residents of the Southeast Overtown/Park West Community Redevelopment Agency where unemployment rates exceed those of the rest of city and state. HI offers a variety of training programs to instruct and certify participants in entry-level hospitality and culinary skills, with the added components of customer service, job readiness, life skills, and hands-on training. The Hospitality Institute strives to stay current by developing innovative trainings to meet new and emerging industry trends and issues. In response to the COVID-19 pandemic, HI now offers COVID-19 Procedures for the Workplace Training. Participants receive an extensive overview of federal, state and local health, safety and sanitation guidelines and procedures and gain an understanding of the COVID-19 prevention procedures required in the workplace in response to the COVID-19 pandemic. In response to the human trafficking crisis, HI has developed a comprehensive Human Trafficking Awareness Training designed to assist hospitality and culinary employees in identifying and reporting possible human trafficking. HI also offers ongoing employment support, case management and mentoring to participants by providing communications on job opportunities, assisting with resumes and job applications, hosting practice interview sessions, and partnering with Dress For Success/Suited For Success so that participants can obtain professional clothing for interviews. Page 1 Success Stories The Hospitality Institute has assisted numerous Overtown residents with in securing employment in the hospitality industry. Camillus House Kitchen Cook Training graduate Carlos Santos is the head chef at Zuma restaurant in the Epic Hotel, Daniel Bunche is a line cook at the DoubleTree by Hilton Hotel Miami Airport & Convention Center, and Emmanuel Ariosa is a prep cook at American Queen Voyages steamboat cruise line. Two of the three finalists in the Food Truck Enterprise Program are Overtown residents: Tywanda Dupont and Clarence Davis. They have completed designing and equipping their food trucks and are Launching their business operations. Tywanda's food truck "Ty's Hometown Cafe & Bistro" will offer a decadent brunch menu featuring her signature strawberry mascarpone French toast. Clarence's food truck "13 Pirates Eat" will fill a gap in the Miami food truck industry by featuring soft-shell crab, seafood and other exotic dishes. Scope of S rvices - Training Options Food Truck Business & Operations Training The Food Truck Enterprise Program offers skills training in entrepreneurship, sales and marketing, food truck operations, food safety and sanitation, restaurant service, customer service, management and employability skills. In the final weeks of the program, students participate in a culinary competition and business plan competition, judged by a panel of college, community and industry experts. The student with the highest cumulative score from the culinary competition, business plan competition and in their conduct and performance assessment throughout the training, will have the opportunity to purchase or lease a food truck and will receive assistance with all matters pertaining to opening and operating a food truck business, including start-up capital. Dual Enrollment at Booker T. Washington Dual enrollment is a program that allows eligible high school students currently attending Booker T. Washington to simultaneously enroll in college course(s). The credits that students earn at MDC count toward high school graduation and can be applied to a college degree or certificate. Four dual enrollment classes will be offered for Booker T. Washington students in 2022-2023. Camp Hope C) MDC Summer camp for Booker T. Washington high school students held at the Wolfson Campus. The first Camp Hope at MDC was held in June 2017 and is designed to have a positive impact on the lives of young people. Camp Hope at MDC's hope -based curriculum provides hospitality and culinary training, college and career preparation, job readiness and life skills workshops, and interactive activities including a campus tour, field trips, industry guest speakers and hands-on training. Florida Safe Staff Food Handler Training and Certification Training and certification in key food safety principles: ensuring proper personal hygiene; preventing cross -contamination; controlling time and temperature when handling food; proper cleaning and sanitizing; the causes and effects of major foodborne illnesses; ensuring proper insect/vermin control. Students will receive state -mandated Safe Staff Food Handler Certification, required for all employees in a food service business. Page 2 Overtown Beautification Team Training Targeted training in customer service and employability skills for members of the "Blue Shirts" team in Overtown. Culinary & Catering Training Structured on The American Culinary Federation standards and Miami Culinary Institute curriculum, participants will receive an extensive overview of the food & beverage and catering industry, food safety and sanitation, and job skills necessary for the position of entry/line level cook. To enhance participants' employability, educational experiences including hands-on training, workforce readiness training, guest speakers and site visits are an essential part of the overall program. The training will take place at Miami Culinary Institute on the MDC Wolfson Campus in a fully equipped kitchen lab. Hospitality Certification & Employment Training (HCET) Hospitality industry skills training, customer service, and industry related workforce readiness training that culminates in industry -recognized certifications from American Hotel & Lodging Educational Institute (AHLEI) upon successful completion of examinations. Graduates will be ready to perform the acquired hospitality and customer service skills at a new level of service excellence and will be prepared for entry level employment. To enhance participants' employability, an essential part of the overall program will be hands on skills training. There are three choices of HCET programs: 1. Guest Service Specialist: Certifications in Housekeeping, Front Desk, Guest Service Gold 2. HoteI Property Specialist: Certifications in Maintenance Employee, Guest Service Gold 3. Food Service Specialist: Certifications in Restaurant Server, Guest Service Gold, SafeStaff Guest Service Gold Training and Certification Training and certification in enhanced skills and techniques for delivering excellent customer service in the hospitality industry and improving support and satisfaction among customers. Training includes emotional intelligence, empathy, active listening, clear communication, empathy, positive attitude and language. Students will receive industry -recognized Guest Service Gold Certification upon achieving a passing grade on the exam. TIPS Responsible Alcohol Program TIPS is a skills -based training program designed to prevent intoxication, drunk driving and underage drinking by enhancing the fundamental "people skills" of servers, sellers and consumers of alcohol. This training provides individuals the knowledge and confidence they need to recognize potential alcohol -related problems and intervene to prevent alcohol -related tragedies. COVID-19 Procedures for the Workplace Training on the enhanced safety and sanitation and COVID-19 prevention procedures required in the hospitality industry in response to the COVID-19 pandemic. Training is based on authoritative federal, state and local guidelines. Human Trafficking Awareness HI has developed a comprehensive Human Trafficking Awareness Training, based on Florida Restaurant & Lodging curriculum, specifically designed for hospitality industry employees to recognize the signs of human trafficking, know how to report suspected human trafficking, learn best practices to protect victims and reduce business liability, and promote anti -trafficking awareness. Florida Senate Bill 540 Human Trafficking requires a public lodging establishment to train certain employees and create certain policies relating to human trafficking by a specified date. Page 3 Employability Skills Training Training on the most current employability skills including communication, emotional intelligence, mindfulness, professionalism, teamwork and problem -solving. Employability skills are crucial skills that can make a candidate more attractive to prospective employers by improving performance, minimizing errors, and promoting collaboration with co-workers. Customized Traininas The Hospitality Institute creates and delivers customized trainings for specific organizations and companies within Overtown, including other CRA grantees. Training options include, but are not limited to: hospitality skills training and certification, team -building, employability skills, crucial conversations, motivational and life skills, conflict resolution, emotional intelligence and business - specific customer service training. Scope of Services - Outreach, Support and Resources Industry Collaboration and Job Fairs Currently there is a huge demand for trained workforce in the hospitality industry and The Hospitality Institute is working closely with industry partners to connect Overtown residents to the numerous job openings. HI also collaborates with a wide range of industry employers to host recruitment events and job fairs. Overtown Networking and Recruitment Hospitality Institute staff and instructors attend events and meetings in the Overtown community to promote HI programs, network with businesses and community agencies, and to recruit participants for trainings. HI also provides support for Booker T. Washington such as participation in College and Career Fairs, arranging tours to Wolfson Campus, providing cooking demos, and proctoring exams. Ongoing Employment Support and Case Management Overtown residents receive individual job placement assistance from Hospitality Institute staff to update resumes, submit applications, practice for interviews, and schedule appointments with Dress For Success/Suited For Success. Computers will also be available for working on resumes, submitting online job applications and conducting internet job searches. In addition, Overtown residents will receive communications from HI with information on new job opportunities, additional training options, industry job fairs. Wolfson Campus Hospitality Learning Lab and Student Cafe Miami Dade College is in the process of constructing a state-of-the-art Hospitality Learning Lab on the Wolfson Campus. This will provide students with a modern and interactive learning environment for hands-on training in a model hotel and food service environment. The Hospitality Learning Lab is forecasted to open in 2022 and will be available to deliver trainings to Overtown residents, businesses and organizations. Also slated to reopen in 2022, the student run Cafe at Miami Culinary Institute is undergoing expansion and will offer opportunities for Overtown residents to gain valuable "on-the- job" training. Page 4 24/313 Training Delivery Options The Hospitality Institute is now offering a variety of training delivery options to 0vertown residents and businesses: 1. In -person classroom and hands-on learning in labs 2. A blend of in -person and virtual online instruction 3. Fully virtual online instruction Miami Dade College Certificate and Degree Programs Graduates of Hospitality Institute trainings who plan to crosswalk into an academic program at MDC can potentially earn up to six college credits towards any credential level such as a career technical certificate, college credit certificate, associate degree, and advanced technical certificate, all which can lead into a baccalaureate degree. HI students are given an orientation to Hospitality and Culinary degree seeking programs at Miami Dade College, and are encouraged to continue their education. Interested participants meet with an Academic Advisor for guidance with the application and financial aid process. Since HI's inception in 2008, a number of HI graduates have been successfully admitted into and graduated from Miami Dade College Hospitality and Culinary programs. 0ne Year Budget — 2022 to 2023 The Hospitality Institute is requesting $225,000 for 2022-2023 to continue to support a variety of trainings and services for the Overtown community. Miami Dade College will continue to provide in - kind support including but not limited to: classroom and lab space, equipment, online learning platform, program and curriculum development, human resources, technical resources, administrative, technical and secretarial support. Program Manager Salary $ 60,000.00 Fringe Benefits $ 23,000.00 Instructional Salaries $ 38,500.00 Fringe Benefits $ 600.00 Food Truck and Start -Up Capital $ 75,000.00 Dual Enrollment Costs (4 classes) $ 17,336.00 Food and Hospitality Supplies $ 2,000.00 Educational Materials $ 3,000.00 Uniforms (Culinary/Hospitality) $ 1,500.00 Promotional Materials $ 1,500.00 Office Supplies $ 1,064.00 Transportation $ 1,500.00 TOTAL $ 225,000.00 Page 5