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HomeMy WebLinkAbout23336AGREEMENT INFORMATION AGREEMENT NUMBER 23336 NAME/TYPE OF AGREEMENT SEOPW CRA & HUMAN RESOURCES OF MIAMI, INC DESCRIPTION GRANT AGREEMENT/OVERTOWN BEAUTIFICATION TEAM/FILE ID:7482/CRA-20-0007 EFFECTIVE DATE May 28, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/1 VM20 DATE RECEIVED FROM ISSUING DEPT. 1/25/2021 NOTE ,� 333G GRANT AGREEMENT 2I Pieq This GRANT AGREEMENT ("Agreement") is made as of this rd day of,JuKy, 020, ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and the HUMAN RESOURCES OF MIAMI, INC., a Florida corporation ("Grantee"). A. WHEREAS, the 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, under Section 163.340(9), Florida Statutes "'community redevelopment' means "undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight"; and C. WHEREAS, Section 2, Goal 4 on page 11 of the Plan lists the "creati[on of] jobs within the community" as a stated redevelopment goal; and D. WHEREAS, Section 2, Goal 6 on page 11 of the Plan lists "improving the quality of Life for Residents" as a stated redevelopment goal; and E. WHEREAS, Section 2, Principle 10 on page 16 of the Plan also lists "[m]aintenance of public streets and spaces has to occur" as a stated redevelopment principle; and F. WHEREAS, Section 2, Principle 4 on page 14 of the Plan provides "that employment opportunities be made available to existing residents ..." as a stated redevelopment principle; and H. WHEREAS, Section 2, Principle 6 on page 15 of the Plan also provides that in order to "address and improve the neighborhood economy and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary to] support and enhance existing businesses and ... attract new businesses that provide needed services and economic opportunities ..."; and I. WHEREAS, since 2011 Grantee has overseen the Overtown Beautification Team, which provides on the job training and employment opportunities to residents from the Redevelopment Area who are interested in landscaping maintenance. This is a second -chance job creation program designed to give Overtown residents an opportunity to work in Overtown. Not only does it provide job opportunities for local residents and low-income families, the program assists in beautifying the community and allowing for the clean-up of its neighborhoods (the "Program"); and J. WHEREAS, on May 28, 2020, the Board of Commissioners, by Resolution No. CRA-20-0007 attached hereto as Exhibit "A" passed and authorized the issuance of a grant, in an amount not to exceed Three Hundred Fifty Thousand Dollars and No Cents ($350,000), to the Grantee to underwrite costs associated with the Program (the "Grant"); and K. WHEREAS, pursuant to Resolution No. CRA-20-0007 the parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of the Grant; Page 1 of 10 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 CRA and Grantee agree as follows: 1. RRCTTAT.S. 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 under this Agreement, the CRA hereby agrees to make available to the Grantee, the Grant, to be used for the Program and disbursed in the manner hereinafter provided, subject to the availability of funds. 3. T ISE OF CIE ANT. The Grant shall be used to underwrite costs associated with the Program, more particularly described in the Scope of Work and Program Budget attached hereto and incorporated herein as Exhibit "B" and Exhibit "C" respectively and incorporated herein, which have been approved by the CRA and Grantee. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate one (1) calendar year from the Effective Date, or until all available funds are expended, or earlier as provided for herein; provided, however, that the following rights of the CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to enforce representations, warranties and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. a. GENER ALLY. Subject to the terms and conditions contained in this Agreement, the CRA shall make available to Grantee up to Three Hundred Fifty Thousand Dollars ($350,000). In no event shall payments to Grantee under this Agreement exceed Three Hundred Fifty Thousand Dollars and No Cents ($350,000). Payments shall be made to Grantee on a reimbursement basis or directly to vendors on behalf of Grantee, only after the CRA has received and approved requests for disbursement in accordance with the CRA and Grantee approved Program Budget. Grantee acknowledges that as of the Effective Date of this Agreement, Forty Thousand, Two Hundred Twenty -Seven Dollars ($40,227.00) of the Grant has been disbursed directly to Grantee or directly to vendors on behalf of Grantee pursuant to this Agreement. Grantee further acknowledges that Three Hundred Nine Thousand, Seven Hundred Seventy -Three Dollars ($309,773.00) remain available of the Grant. b. REQUESTS FOR DTSBTTRSF.MRNT OF GRANT. The 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 Program Budget attached hereto as Exhibit "B" and Exhibit "C". Further, the CRA reserves the right to deny any and all requests it deems to be outside of the Scope of Work and Program Budget and such expenses shall be borne solely by the Grantee. All requests for the disbursement of the Grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for disbursement of grant funds must be in writing and must be accompanied by supporting documents reflecting the use of Grant funds and/or expenditures incurred, and that said request is being made in accordance with the Program's approved Scope of Work and Program Budget, as reflected in Exhibit "B" and Exhibit "C". For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Program shall be in the name of the Grantee, and not in the name of the CRA. Grantee shall have no right to bind the CRA to any legal and/or monetary obligation whatsoever. The 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 result in -the CRA not Page 2 of 10 funding the requested amount, and shall serve as grounds for immediate termination of this Agreement. The Grantee shall bear the costs associated with any expenditures not approved by the CRA. C. CASH TRANSACTIONS PROHIBITED_. The parties agree that no payment will be made to Grantee as a reimbursement for any Program -specific expenditure paid in cash. Grantee acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements under this Agreement. d. NO ADVANCE PAYMENTS. The CRA shall not make advance payments to the Grantee or Grantee's vendors for services not performed or for goods, materials or equipment which have not been delivered to the Grantee for use in connection with the Program. 6. COMPLIANCE WITH POT.TCTF.S AND PROCEDT TRF,S. Grantee understands that the use of the Grant is subject to specific reporting, record -keeping, administrative and contracting guidelines and other requirements affecting the'CRA's activities in issuing the Grant. CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 7. RRMF.DTF.S FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; C. Disallow (that is, deny the use' of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Program; or e. Take such other remedies that may be legally permitted. a. PT TRT,TC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the CRA's audit rights in Section 8(c) below, the Grantee acknowledges and accepts the CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the obligation of the Grantees to retain and to make those records available upon request, and in accordance with all applicable laws. The Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, the Grantee's contractors and subcontractors must make available, upon the CRA's request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Program for a period of five (5) years after the expiration, early termination or cancellation of this Agreement. b. REPORTS. The Grantee shall deliver to the CRA reports relating to the use of the Grant as requested by the 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 shall be considered a default under this Agreement. C. AT TDTT RIGHTS. The CRA shall have the right to conduct audits of the Grantee's records Page 3 of 10 pertaining to the Grant and to visit the Program, in order to conduct its monitoring and evaluation activities. The Grantee agrees to cooperate with the CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAII J TRF TO COMPLY. The Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. 9. I TNT JSED FT JNDS. Upon the expiration of the term of this Agreement, the Grantee shall transfer to the CRA any unused Grant funds on hand at the time of such expiration. 10. REPRESENTATIONS; WARRANTIF,S; CF.RTIFTCATTONS. The Grantee represents, warrants, and certifies the following: a. INVOTCFS. Invoices for all expenditures paid for by Grant shall be submitted to the 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 set forth in Exhibit "B" and Program Budget set forth in Exhibit "C." b. F.XPENDTTI JRES. Funds disbursed under the Grant shall be used solely for the Program in accordance with the Scope of Work set forth in Exhibit "B" and Program Budget set forth in Exhibit "C." All expenditures of the Grant will be made in accordance with the provisions of this Agreement. C. SETAR ATR ACCOT INTS. The Grant shall not be co -mingled with any other funds, and separate accounts and accounting records will be maintained. d. POLTTTCAL ACTTVITIFS. No expenditure of Grant funds shall be used for political activities. e. LTABILTTV GENERALLY. The Grantee shall be liable to the CRA for the amount of the Grant expended in a manner inconsistent with this Agreement. f. AT JTHORITY. 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. 11. NON-DTSCRIMTNATTON. 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 12. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by the Grantee. The Grantee covenants, represents and warrants that it will comply with all such conflict of interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 13. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The CRA shall not be liable to the Grantee for amendment or termination of this Agreement pursuant to this Section. a. PT IBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the Grantee shall, if approved by the CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Program, in all forms of media and communications created by 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 Overtown Beautification Team " is sponsored in part by the Southeast Overtown/Park West Community Redevelopment Agency of the City of Miami. " b. APPROVAL The CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. C. I.IMITFD I ISF.. The Grantee further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in the Grantee's use of the CRA's name and logo, confers or may be construed as conferring upon the Grantee any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Agreement. 15. DEFAT JLT. 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 CRA that such failure has occurred, then the Grantee shall be in default. Upon the occurrence of such default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA directly to the Grantee and utilized by the Grantee in violation of this Agreement shall be immediately returned to the CRA. The Grantee understands and agrees that termination of this Agreement under this section shall not release the Grantee from any obligation accruing prior to the effective date of termination. 16. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases and discharges the City of Miami, the CRA, its Board of Commissioners, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to the Grantee, its officers, directors, members, employees, agents, representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. Page 5 of 10 17. INDEMNIFICATION OF THE, CRA. The Grantee agrees to indemnify, defend, protect and hold harmless the City of Miami, the CRA, its Board of Commissioners, and its officers, employees, agents, representatives, and attorneys (any or all of the foregoing hereinafter referred to as the "Indemnified Persons") from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any illness or injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Agreement or the Program, including risk of loss of artwork on display for the duration of this Agreement or the Program, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the Indemnified Persons 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 Indemnified Persons; or (ii) the failures of the Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the Indemnified Persons, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 18. TNSTIRANCF.. Grantee shall, at all times during the Term hereof, maintain such insurance coverage as provided in Exhibit "D" attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the CRA (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Program under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the CRA. Completed Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of services hereunder, provided, however, that Grantee shall at any time upon request by CRA file duplicate copies of the policies of such insurance with the CRA. If, in the reasonable judgment of CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, CRA shall pay Grantee expenses incurred for the Program, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. 19. DISPI JTF.S. In the event of a dispute between the Executive Director of the CRA and the Grantee as to the terms and conditions of this Agreement, the Executive Director of the 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 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 CRA's Board of Commissioners' decision shall be deemed final and binding on the parties. Page 6 of 10 20. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and the Grantee relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. C. CONTR ACTT TAT, TNTERPRETATTON. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. d. COVENANTS. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. e. CONFLICTING -TERMS. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. f. WATVF.R. 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. SEVER ARTT.TTY. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit, of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 21. AMF.NDMF.NTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. Page 7 of 10 22. DOCi JMENT OWNERSHIP. Upon request by the CRA, all documents developed by the Grantee shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. The Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to the Grantee pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by the Grantee for any other purpose whatsoever, without the written consent of the CRA. 23. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 24. NON-DF.LEGIARIL11Y. The obligations of the Grantee under this Agreement shall ftot be delegated or assigned to any other party without the. CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 25. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 26. TERMINATION. The CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement should be terminated by the CRA, the CRA will be relieved of all obligations under this Agreement. In no way shall the CRA be subjected to any liability or exposure for the termination of this Agreement under this Section. 27. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To CRA: Cornelius Shiver, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136 Email: cshiver@miamigov.com With copy to: Chanel H. Jefferson, Staff Counsel 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136 Email: CJefferson@miamigov.com To Grantee: Marcia Carty, President Human Resources of Miami, Inc. 915 NW 15t Avenue Bay 3A Miami, FL 33136 Page 8 of 10 28. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 29. SUCCESSORS AND ASSTGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 30. MULTIPLE COTJNTF.RPARTS AND, -ELECTRONIC STGNATTJRF.S. This Agreement maybe 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. u I N161 a 0 W.111► I• 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. [Remainder of page intentionally left blank] Page 9 of 10 IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and the Grantee have executed this Agreement. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuance to Section 163.356, Florida Statutes 1-17 ATTEST: y: By: Todd B. H on Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By. Chanel Je on (Aug 6, 202011:45 EDT) Chanel H. Jefferson, Esq. Staff Counsel WITNESSES: n�By. Shaeemoaka (Aug 5, 2020 15:09 EDT) Print: Shaneetha Omoaka A By: onica laltion (Aug 5, 2020 15:14 EDT) Print: veronica laltion APPROVED AS TO INSURANCE REQUIREMENTS: / By. Frank Gomel (Aug 6, 2020 08:49 EDT) Ann -Marie Sharpe Director of Risk Management HUMAN RESOURCES corporation ("Grantee"): By: Y. Marcia Carty President [Signature Page to Grant Agreement] Page 10 of 10 OF MIAMI, INC., a Florida Exhibit "A" CRA-R-20-0007 Southeast Overtown/Park West `t Community Redevelopment Agency Y &mLegislation CRA Resolution: CRA-R-20-0007 File Number: 7482 Final Action Date:5/28/2020 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $350,000, TO HUMAN RESOURCES OF MIAMI, INC. TO UNDERWRITE COSTS ASSOCIATED WITH THE CONTINUED OPERATION OF THE OVERTOWN BEAUTIFICATION TEAM; 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. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Plan ("Plan"); and WHEREAS, pursuant to Section 163.340(9) of the Florida Statutes "community redevelopment ... means undertakings, activities, or projects... in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight"; and WHEREAS, Section 2, Goal 4 on page 11 of the Plan lists the "creati[on of] jobs within the community" as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6 on page 11 of the Plan lists "improving the quality of life for residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 10 on page 16 of the Plan also lists "[m]aintenance of public streets and spaces has to occur" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 4 on page 14 of the Plan provides "that employment opportunities be made available to existing residents ..." as a stated redevelopment principle; and WHEREAS, Section 2, Principle 6 on page 15 of the Plan also provides that in order to "address and improve the neighborhood economy and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary to] support and enhance existing businesses and ... attract new businesses that provide needed services and economic opportunities ..."; and WHEREAS, since 2011 Human Resources of Miami, Inc. ("HRM") has overseen the Overtown Beautification Team, which provides on-the-job training and employment opportunities to residents from the Redevelopment Area who are interested in landscaping maintenance; and City of Miami Page 1 of 2 File ID: 7482 (Revision:) Printed On: 6/5/2020 File ID: 7482 Enactment Number: CRA-R-20-0007 WHEREAS, this is a second -chance job creation program designed to give Overtown residents an opportunity to work in Overtown. Not only does it provide job opportunities for local residents and low- income families, the program assists in beautifying the community and allowing for the clean-up of its neighborhoods; and WHEREAS, given HRM's success with residents, HRM has requested support to continue its operation of the Overtown Beautification Team beginning on June 27, 2020 and ending on June 27, 2021; and WHEREAS, the Board of Commissioners wish to authorize a grant, in an amount not to exceed $350,000 to HRM to underwrite costs associated with the continued operation of the Overtown Beautification Team; 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: 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 $350,000, to Human Resources of Miami, Inc. to underwrite costs associated with the continued operation of the Overtown Beautification Team beginning on June 27, 2020 and ending on June 27, 2021. Section 3. The Executive Director is authorized to execute all documents necessary for the purposes set forth above. Section 4. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 5. Funds 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: Core s Shiver, Executive Director 5/22/2020 City of Miami Page 2 of 2 File ID: 7482 (Revision:) Printed on: 6/5/2020 Exhibit "B" Scope of Work Scope of the Proiect 1. Oversee the marketing and recruitment of participants to serve as trainees in the Program. There will be eleven (1 crew manager and 10 crew members) positions. We will have three on - call crew members to assist with time requested off, no shows, and unexpected absences. Each training period will last for twelve (12) months, for combined classroom and paid work experience training. During the term of the contract, twenty-six (26) life -skills and direct -skills training sessions will be conducted by the Crew Manager. 2. Conduct pre -registration and registration services consisting of drug testing, professional development guidance, and evaluation sessions for all program participants ("Trainees"). 3. Provide counseling services for the trainees — career, life-style, spiritual, and general. 4. Prepare and administer a certified on-the-job training curriculum, consisting of classroom training hours and paid work experience. Curriculum will include training in custodial services, landscaping, property maintenance and development of employability skills. 5. Provide job referral and job placement services for Trainees and for those program participants that have graduated from the training program ("Graduates"). 6. Coordinate referral services for continued training in the field of landscaping. 7. Conduct, evaluate and provide statistical reports on post -graduation evaluation sessions. 8. Coordinate and manage professional development training and job referrals for Trainees and for those program participants that have graduated from the training program ("Graduates"). 9. Manage operations and maintenance of equipment and tools funded under the Program. 10. Document ongoing training process with photos and requisite paperwork 11. Document clean-up of the designated areas within the Redevelopment Area. 12 Document attendance and participation of all Trainees. Our Enhancements or Changes to Scope of the Proiect for the FYE 2019/2020 Our enhancement to the Overtown Beautification Project will be the following: 1. Expand the function of the Crew Manager, to include more community outreach, counseling, job fairs, externships, internships, and job placement for 50% of the time employed and managing the crew the balance of the time, serving as the liaison between the Contract Manager and CRA. 2. Empower the position of Crew Leader/Field Supervisor with the skills, ability and authority to manage the crew, as we nurture a second position to have supervisory responsibilities, serving as the Crew Supervisor/Truck Driver. 3. Increase hands on exposure to landscaping, environmental, and construction skills for the entire team, by providing externships with Human Resources of Miami's Landscaping Division and other entities, in the Overtown community, organized and supervised by the Crew Manager. 4. Expand the support services to the team, which will include one (1) hour weekly training, such as budgeting, credit counseling, drug -testing, life -skills counseling, and parenting skills, so that all trainees can transition from this part-time job to a more permanent, full-time employment within other parts of the community. The crew will also have one (1) hour per month scheduled for community services, to assist with developing within them a desire to help the community and themselves, as we are training them to be leaders, supervised by the Crew Manager. 4. Applicants not hired will be maintained as a separate pool of individuals, whom we will counsel and perform assessments of their career options and their unmet needs socially, such as housing, medical, drug and alcohol dependency, educational deficiencies, to name a few. These persons will be referred to the appropriate community services for assistance. They will also serve as the "on call" data base for daily placement during the duration of the contract, if the originally hired individuals leave, quit, or are terminated. We estimate 0 (seventy) persons will be helped. 5. After completion of the program, all crew members should transition to external positions, preferably, full-time, and/or educational and vocational options, so that a new crew can become a part of the CRA Overtown Beautification team. Our goal is to train/hire, at a minimum, annually, fourteen (14) persons, eleven (11) per the contract and three (3) substitutes for the daily project needs. CONCLUSION Human Resources ofMiami/Overtown Beautification Team is requesting $350,000, which will allow us to maintain the activity level of 30 hours per employee and 35 hours for the crew manager. We will employ 11 persons with 3 alternates, for a total of 14 individuals. This amounts to a total of 365 hours weekly and 18,980 hours per the contract term. We will also assist 21 other persons with community referrals and job placement. The cost per participant for the entire cost of $350, 000, therefore, is $18.44 per participant hour for the eleven (II)persons hired. Our goal will be to assist 35 persons in total annually. Human Resources of Miami/Overtown Beautification Team is requesting a five year renewal period to perform the contract is much less than the contribution to the community and residents, enhancing first, the environment, the employee (self- respect and self-worth), the economic input to the immediate Overtown environment, allowing the employee/trainees to spend cash to spend in the community with their families at the grocery stores, rental expenses, and general shopping. In general, the trainees will be receiving a fully -loaded hourly rate of $15.18 per hour, which include their direct cost and fringe benefits. Per CRA goals and objectives, Human Resources of Miami, Inc. will enhance career and personal development for each eemployee/trainee, and will produce responsible citizens to live and work in the Overtown community!! 0 Exhibit "C" Program Budget ANNUAL PRICE PROPOSAL Amount Personnel Trainee Costs Crew Manager $30,940 Crew Supervisor $20,280 Employees/Trainees $172,692 Fringe Benefits $26,830 Workers' Compensation $15,838 Sub -total $266,580 76.2% Trainee Enrollment Costs Trainee Support/Development $3,600 Uniforms $3,500 Sub -total $7,100 2.0% Total Personnel Cost $273,680 78.2% Operational Costs Storage $2,400 Supplies $7,200 Equipment & Small Truck $4,000 Repair & Maintenance $2,000 Gas & Parking $7,200 Insurance $8,000 Total Operational Costs $30,800 8.8% Administrative/Management Administration $18,720 Management $15,600 Office Rental $7,200 Office Supplies $1,500 Auditing $2,500 Total Administrative Cost $45,520 13.0% TOTAL PROGRAM COST $350,000 100.0% 10 PRICE PROPOSAL BUDGET NARRATIVE PERSONNEUTRAINEES ($273,680) — All trainees are hired pursuant to the term of the contract awarded by Miami Community Redevelopment Agency. Human Resources of Miami, Inc.— All trainees are hired pursuant to the term of the contract awarded by Miami Community Redevelopment Agency. Human Resources of Miami, Inc. will hire staff appropriate to the requirements discussed earlier, namely, custodial, landscaping, and Human Resources ofMiami, Inc. will hire staff appropriate to the requirements discussed earlier, namely, custodial, landscaping, and maintenance, in general. Trainees will be evaluated during the probation period and during the year. The following positions will be filled: 1. Crew Manager ($30,940) — This position will be responsible for the overall administration and day -to day operations of the Overtown Enhancement Team Services Program. This position will ensure that communications between the daily outside activities and the needs of CRA are met, operating as the primary liaison between Human Resource of Miami and CRA. This person will perform community outreach and job placement services, as well. The position will report directly to the Contract Manager and assist with ensuring compliance with all operational requirements. The pay rate will be $17 per hour, for 35 hours per week. 2. Crew Supervisor ($20,280) — This position will be responsible for the direct supervision of the line crew, driving the truck, provision of water to staff and taking the trash to the dumping facility. This person reports directly to the Crew Manager, and augments management in the field. The pay rate is $13 per hour for 30 hours weekly. 3. Crew Trainees ($172,692) — This position will perform the daily needs, including picking up litter, removing graffiti, landscape maintenance and installation services, street sweeping and clean-up, sidewalk pressure washing, and general paint maintenance, including traffic enclosures, poles, and street lights. The pay rate will be $12.30 per hour, 30 hours per week per training for nine (9) crew members, scheduled 30 hours per week. FRINGE BENEFITS ($42,668) — Fringe benefits will be paid according to policies established by Human Resources of Miami, Inc., approximating 19% of total wages, consisting of the following breakdown of currently approved benefits: FICA is based on 7.65% of total salary. FUTA/SUTA is .062 per employee. Workers' compensation, which is approximately $1,440 per employee. TRAINEE ENROLLMENT COSTS ($7,100) Trainee Support & Development ($3,600) - Human Resources of Miami, Inc. will provide counseling, referral and placement services to our crew from the prior and current years, in order to comply with the goals and objectives provided by CRA. Each trainee will earn a certificate in landscaping and other training, such as on the job training, hospitality, construction cleaning; and the new staff will be provided online training which will provide certification to the employees, ensuring that the basics of landscaping and anti -litter skills, management, and administration are obtained. Counseling and drug testing are mandatory to assist in the transformation of the crew. 11 Support services will be provided to all individuals (even those not successfully hired, but ` applied), which includes the counseling, assessment, and referrals. Uniforms ($3,500) — Human Resources of Miami, Inc. will purchase uniforms for the crew, which will consist of two (2) caps, two (2) safety goggles, two (2) polo shirts, brightly embroidered with CRA Overtown Enhancement Team, two (2) flat front work shorts, two(2) flat front work (long) pants, one (1) belt, and two (2) solid -colored work boots. TOTAL TRAINEE/PERSONNEL COST ($273,680) OPERATIONAL EXPENSES - Costs in a business are traditionally divided into operating and administrative categories. Both are necessary for the company, but operating costs are closely tied to specific products and services whereas administrative costs are incurred on behalf of the project. 1. Storage ($2,400) — The space required to store the supplies and equipment should need approximately 20 x 20 square feet in space, and the cost will not exceed $200 per month. 2. Supplies ($7,200) — Human Resources of Miami, Inc. will spend an average of $600 per month, to maintain at a minimum the following: Landscaping supplies (grass, plants, soil, fertilizer), safety zone disposable textured latex gloves, work gloves (tree cutting), painting supplies (scrapers, tape, rags), paint thinner, brushes, roller, primer, mask, basic paint colors (antique white and black, rakes, brooms (sweep and push), dust pans, funnels, trash bags, safety glasses, gas cans, weed eater, shovels, hoes, rakes, pole diggers, general tools, hammers, screwdrivers, etc. Cameras and camcorders will be purchased to ensure that the before and after photos are taken. 3. Equipment & Small Truck ($4,000) — Human Resources of Miami, Inc. will purchase equipment needed to comply with the demands of the project, which will be used to move supplies from one site to another, transport team members, and move trash and debris. Other equipment which will be purchased will include pressure cleaners, generators, washers, blowers, lawn mowers, chain saws, tree trimmers, etc. 4. Repair & maintenance ($2,000) —The repairs required to maintain the equipment and truck should not exceed $150 per month, or on an as needed basis, including auto maintenance and repairs 5. Gas & Parking ($7,200) — Parking permits in the CRA Overtown area is $75 per month per vehicle or $1,680 annually, and gas costs will be incurred both for the trucks and equipment, not to exceed $5,520 for the year. 6. Insurance ($8,000) — This will cover liability while the crew members are in the outside environment, addressing the risk of tourism, crime, and general. This is insurance for the vehicle as well. 12 TOTAL OPERATIONAL EXPENSES ($29,300) PROGRAM ADMINISTRATION — This is the cost for ensuring that the program is successfully operated, including the documentation to the needs of the daily crew, community acceptance, and program enhancement. Human Resources of Miami, Inc. will retain local skills and supplies whenever possible, and will select the lowest priced equipment, supplies, and services, when expending on behalf of this program. ADMINISTRATIVE/MANAGEMENT ($45,520) 1. Administration ($18,720) — Human Resources of Miami, Inc. will retain a firm to provide all secretarial, clerical, and bookkeeping services needed. Daily and weekly reports, including payroll will be processed by this position. The financial statements will be provided, detailing the amounts billed to CRA, monies expended, and balances in the related bank account, including referrals of the crew members to various social agencies, and scheduling of the counseling sessions. 2. Management ($15,600) — Since the contract has been implemented, management, averaging $300 per week, for signing, reviewing, training, etc., and the general contract oversight, including working with CRA management, attending meetings with CRA and other related agencies of the contract. This function ensures compliance with all regulations and performance measures, providing the reports to CRA, etc. 3. Office Rental ($7,200) — The office is located at 915 NW 1" Avenue, Miami, Florida. We lease approximately 600 square footage for Human Resources of Miami, Inc., to operate the Overtown Enhancement Team Services project. This includes waiting area, meetings, training area, file room, and administrative area. 4. Office supplies ($1,500) — Consumable supplies to operate the office, such as copy machine paper, staples, calendars, pens, batteries, toner cartridges, drums, fax machines and computer printer, copier, computer, calculators, letterhead, and other miscellaneous office supplies. AUDITING ($2,500) — At year end, there will be an audit conducted to confirm that monies were expended in compliance with all regulatory requirements, even though it is not mandatory, since the threshold of $500,000 is not met with this grant. A certified public accounting firm will conduct this audit. TOTAL PROGRAM ADMINISTRATION ($45,520) TOTAL PROGRAM BUDGET 35�0 000 13 Exhibit "D" 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 444 SW 2nd Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 31 Floor Miami, Florida 33136 B. BUSINESS AUTOMOBILE LIABILITY with the minimum limits of One Million Dollars ($1,000,000.00) 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 211 Avenue Miami, Florida 33130 Attn: Risk Management b. Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3,d 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. EMPLOYER'S LIABILITY shall be provided in amounts not less than One Million Dollars ($1,000,000.00) per accident for bodily injury caused by an accident; One Million Dollars ($1,000,000.00) for each employee for bodily injury caused by disease; and One Million Dollars ($1,000,000.00) policy limit for bodily injury caused by disease. 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 a333� 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).