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HomeMy WebLinkAbout23438AGREEMENT INFORMATION AGREEMENT NUMBER 23438 NAME/TYPE OF AGREEMENT SEOPW CRA • DESCRIPTION ANTI -POVERTY INITIATIVE FUNDING AGREEMENT/DREAMERS BREAKING BARRIERS PROGRAM/FILE ID: 8865/R-21-0205/MATTER ID: 21-846K/ #106 EFFECTIVE DATE July 30, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/30/2021 DATE RECEIVED FROM ISSUING DEPT. 8/5/2021 , NOTE CITY OF MIAMI DOCUMENT ROUTING FORM n[al,(flint 1 ICI 0 g `. ORIGINATING DEPARTMENT' ffice of Grants Administration DEPT. CONTACT PERSON: alissa T. Sutherland EXT. 1005 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Southeast Overtown Park West Community Redevelopment Agency IS THIS AGREEMENT A RUjT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMO ,'T $ 100.000 FUNDING INVOLVED? ❑ YES D NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGRE ME, ❑ PROFESSIONAL SERVICES AMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) API ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): ARIA): The attached API agreement is being routed for review siimature. The API allocation from the Mayor's Office for Southeast Overtown Park West Community Redevelopment Agency on behalf of the Dreamers Breaking Barriers Program. COMMISSION APPROVAL DATE: 5 / 27 / 21 FILE ID: 8865 ENACTMENT NO.: R-21-0205 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 7/19/21 PRINT:LILLIAN BLONDET SIGNATURE: :/ 7`` SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGET PRINT:LEON MICHEL SIGNATURE: SUBMITTED TO RISK MANAGEMENT 7 19/21 PRINT: ANN-M ARIE SHARPE SIGNATURE: SUBMITTED TO CITY ATTORNEY Matter ID: 21-846K D.J.G. 7 / 7_// 2_/ PRINT: V CTO A MENDEZ SIGN . ram, ' , APPROVAL BY ASSISTANT CITY MANAGER 7(Z Ll PRINT:FERN NDO CA AMAY� SIGNATURE: qt/N- , , RECEIVED BY CITY MANAGER 1116 ' it T: ARTHUR -1 E P ' SIGNA URE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: tt/ PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI ANTI -POVERTY INITIATIVE FUNDING AGREEMENT This ANTI -POVERTY INITIATIVE AGREEMENT ("Agreement") is entered into this ,3,,e3 day of , 202/by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 Southeast Overtown Park West Community ("CITY"), and Redevelopment A ncy , of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), located at 819 NW 2nd Avenue. 3rd Floor. Miami, FL 33136 ("RECIPIENT"). The CITY and the RECIPIENT mayeach be referred to as a "Party" -and may collectively be referred to as the "Parties." WHEREAS, the City created the Anti -Poverty Initiative ("API") to address poverty based on a strategy of focusing the provision of support towards the City's residents achieving self- sufficiency; and WHEREAS, the RECIPIENT submitted a Request for API Funding to the City; and WHEREAS, the CITY adopted Resolution No. R- 21 - 0205 on May 27 , 2021, wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of One Hundred Thousand dollars ($ 100,000 .00) ("Funds"), attached and incorporated as Exhibit "A", as applicable; and WHEREAS, the CITY agrees to enter into this Agreement with the RECIPIENT to set forth the terms and conditions relating to the use of the Funds by the RECIPIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on shall continue until May 27 , 2022 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and RECEIPIENT'S compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the RECIPIENT the Funds to be used for the purpose(s), program(s), initiative(s), and activity(ies) (as defined in Exhibit "B"), and as disbursed in the manner hereinafter provided. May 27 , 2021 and Page 1 City of Miami API Funding Agreement Southeast Overtmvn Park West Community Redevelopment Agency 4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the Scope of Work, attached and incorporated herein as Exhibit "B" and the Budget, attached and incorporated herein as Exhibit "C" submitted by the RECIPIENT to the CITY. DISBURSEMENT OF FUNDS: A. The CITY shall provide Funds to the RECIPIENT in the not to exceed amount of One Hundred Thousand dollars ($ 100,000 .00). B. Payment shall be made in accordance with the schedule as set forth in Composite Exhibit "D". C. The RECIPIENT shall provide the CITY with a City of Miami Request for Payment Form attached and incorporated as Composite Exhibit "D" prior to any disbursement of funds by the CITY. Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a valid and executed W9 form and completed City of Miami Supplier Direct Deposit (ACH) Authorization Form, as applicable. D. The RECIPIENT shall provide the CITY a Close -Out Report, in similar format as Exhibit "F", at the end of the program, summarizing the services, programs and/or activities described in the Scope of Work as Exhibit "B" and included in the Budget as Exhibit "C". 5. COMPLIANCE WITH POLICIES AND PROCEDURES: RECIPIENT understands that the use of the Funds is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities being funded by the API Funds for the Scope of Work. RECIPIENT covenants and agrees to comply with such requirements, and represents and warrants to the CITY that the Funds shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting of the foregoing, RECIPIENT represents and warrants that it will comply with, and the Funds will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 6. RECORDS, INSPECTIONS, REPORTS/AUDITS AND EVALUATION: To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. The CITY shall have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and that Page 2 City of Miami API Funding Agreement Southeast Overtuwn Park West Community Redevelopment Agency reasonable times, and for a period of up to three (3) years following the termination ofthis Agreement, audit, or cause to be audited, those books and records of the RECIPIENT which are related to RECIPIENT'S performance under this Agreement. RECIPIENT agrees to maintain all such books and records at its principal place of business for aperiod of three (3) years after final payment is made under this Agreement. The CITY may also, and the RECIPIENT shall permit, the CITY and other persons duly authorized by the CITY to inspect all Agreement records, facilities, goods, and activities of the RECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the RECIPIENT as requested by the CITY. At the request of the CITY, the RECIPIENT shall transmit to the CITY written statements of the RECIPIENT' s official policies on specified issues relating to the RECIPIENT' s activities. RECIPIENT understands, acknowledges, and agrees that: a) b) c) d) The CITY must meet certain record keeping and reporting requirements with regard to the Funds and that in order to enable the CITY to comply with its record keeping and reporting requirements, RECIPIENT shall maintain all records as required by the CITY; and At the CITY's request, and no later than thirty (30) days thereafter, RECIPIENT shall deliver to the CITY such reports and written statements relating to the use of the Funds as the CITY may require from time to time; and All costs and expenses of the activities described in Exhibit "C" shall be at actual cost with no markups; and RECIPIENT'S failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CITY of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CITY and the immediate reimbursement to the CITY of any and all funds or amounts disbursed pursuant to this Agreement. RECIPIENT represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent in the payment of any sums due to the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; and (iii) all personnel assigned to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each. Page 3 City of Miami API Funding Agreement Southeast Overtown Park West Community Redevelopment Agency Any inconsistent, incomplete, or inadequate information, either received by the CITY or obtained by the CITY, shall constitute cause for the CITY to terminate this Agreement. 7. AWARD OF AGREEMENT: RECIPIENT represents and warrants to the CITY that it has not employed or retained any person or company employed by the CITY to solicit or secure this Agreement and that it has not offered'to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS: RECIPIENT understands that agreements between private entities and local governments are subject to certain laws, codes, rules and regulations, including, without limitation, laws pertaining to public records, conflict of interest, record keeping, etc. The Parties agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 9. INDEMNIFICATION: RECIPIENT shall indemnify, defend and hold harmless the CITY and its officials, employees (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of RECIPIENT or its employees or subcontractors (collectively referred to as "RECIPIENT") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of any of them, or (ii) the failure of the RECIPIENT to comply materially with any of the requirements herein, or the failure of the RECIPIENT to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the CITY, its officials and/or employees were negligent. RECIPIENT expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of RECIPIENT, or any of its subcontractors, as provided above, for which the RECIPIENT's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. RECIPIENT further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities Page 4 City of Miami API Funding Agreement Southcist Overtown Pink West Community Redevelopment Agency imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to RECIPIENT's negligent performance under this Agreement, compliance with which is left by this Agreement to RECIPIENT, and (ii) any and all claims, and/or suits for labor and materials furnished by RECIPIENT or utilized in the performance of this Agreement or otherwise. This provision shall survive the termination or expiration of this Agreement, as applicable. RECIPIENT understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by the RECIPIENT throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 10. REVERSION OF ASSETS: Upon the expiration, termination, or cancellation of this Agreement, any unspent API Grant funds shall immediately revert to the possession and ownership of the CITY and RECIPIENT shall transfer to the CITY all unused API Grant funds at the time of such expiration, termination, or cancellation. 11. DEFAULT: If RECIPIENT fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon the occurrence of a default hereunder the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to RECIPIENT, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CITY to RECIPIENT while RECIPIENT was in default shall be immediately returned to the CITY. RECIPIENT understands and agrees that termination of this Agreement under this section shall not release RECIPIENT from any obligation accruing prior to the effective date of termination. Should RECIPIENT be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, RECIPIENT shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CITY in the procurement of the Services, including consequential and incidental damages. 12. CITY'S TERMIN TION RIGHTS: The CITY shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to RECIPIENT at least five (5) business days prior to the effective date of such termination. In such event, the CITY shall pay to RECIPIENT compensation for services rendered and expenses incurred prior to the Page 5 City of Miami API Funding Agreement Southeast Overtown Park West Community Redevelopment Agency effective date of termination. In no event shall the CITY be liable to RECIPIENT for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 13. REMEDIES FOR NONCOMPLIANCE: The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the RECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the RECIPIENT that any payment made in accordance with this Agreement to the RECIPIENT shall be made only if the RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default, the CITY shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever. If the RECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: (1) Temporarily withhold cash payments pending correction of the deficiency by the RECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. (2) Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. (3) Wholly or partially suspend or terminate the current API Program Funds awarded to the RECIPIENT. (4) Withhold further API Program funding for the RECIPIENT. (5) Take all such other remedies that may be legally available. 14. MARKETING: RECIPIENT shall consult with the City Manager, or his or her designee, regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 15. INSURANCE: The required Insurance, as approved by the City of Miami Department of Risk Management shall be provided by the RECIPIENT and all such proof shall be Page 6 City of Miami API Funding Agreement Southeast Ovettown Park West Community Redevelopment Agency attached as an Exhibit to this Agreement. Those entities/individuals required to be listed as additional insured by the Department of Risk Management shall be included on all insurance certificates and furnished by the RECIPIENT. RECIPIENT shall, at all times during the term hereof, maintain insurance coverage in accordance with Exhibit "E" attached and incorporated by this reference. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract. Execution of this Agreement is contingent upon the receipt of proper insurance documents. 16. NONDISCRIMINATION: RECIPIENT represents and warrants to the City that RECIPIENT does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with RECIPIENT's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. RECIPIENT further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned by RECIPIENT, in whole or in part, without the prior written consent of the CITY, which may be withheld or conditioned, in the CITY'S sole discretion. 18. CERTIFICATIONS REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS: RECIPIENT certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local agency. b) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, been convicted of or had a civil judgement rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal Page 7 City of Miami API Funding Agreement Southeast Overtown Pork West Community Redevelopment Agency or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 16.b of this certification; and d) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the CITY and the CITY shall have the right to, in the CITY's sole discretion, to not enter into or terminate this Agreement. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. RECIPIENT CITY Southeast Overtown Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, F133136 Attn: Cornelius Shiver City of Miami Office of Grants Administration 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Attn: Lillian Blondet, Director With copies to: Office of the City Attorney 444 SW 2"dAvenue, Suite 945 Miami, FL 33130 Attn: Victoria Mendez, City Attorney Page 8 City of Miami API Funding Agreement Southeast Overtown Park West Community Redevelopment Agency 20. PUBLIC RECORDS: Pursuant to the provisions of Section 119.0701. Florida Statutes, RECIPIENT must comply with the Florida public records laws, specifically the RECIPIENT must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter of the Florida Statutes or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the RECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2" AVENUE, SUITE 945, MIAMI, FL 33130. 21. CONFLICT OF INTEREST: RECIPIENT has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions including, but not limited to: (a) the Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. 22. GOVERNING LAW, VENUE. AND FEES: This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in Page 9 City of Miami API Funding Agreement Southeast Overtown Park West Community Redevelopment Agency Miami -Dade County, Florida and the parties explicitly agree to the use of this venue. The team "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees. 23. WAIVER OF JURY TRIAL: Neither the RECIPIENT, nor any assignee, successor, heir or personal representative of the RECIPIENT, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the RECIPIENT, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 24. MISCELLANEOUS PROVISIONS: A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. 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. C. 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 control. D. Should any provision, paragraph, sentence, word or phrase 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 or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then 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 or limitation of its use. Page 10 City of Miami API Funding Agreement Southcest Overtown Pork West Community Redevelopment Agency 25. NON-DELEGABILITY: The obligations undertaken by the RECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY' S prior written consent, which may be withheld in the CITY' S sole discretion. 26. SUCCESSORS ND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 27. INDEPENDENT CONTRACTOR: RECIPIENT, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the civil service or pension programs of the CITY, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits sas employees of the CITY. 28. NO THIRD -PARTY BENEFICIARY RIGHTS: No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 29. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of allocated and available funds, reduction or discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30) days' notice. 30. RECIPIENT CERTIFICATION: The RECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the RECIPIENT'S governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the RECIPIENT to act in connection with this Agreement and to provide such information as may be requested. The aforementioned authorization for the RECIPIENT is attached and incorporated as Exhibit "G" 31. AUTIIORITY: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such parry's obligations and the certifications hereunder have been duly authorized Page 11 City of Miami API Funding Agreement Southeast Overtown Park West Community Redevelopment Agency and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. 32. CONSTRUCTION: 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. 33. yNTIRE AGREEMENT: This instruunent and its attachments constitute the sole and entire agreement between the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 34. COUNTERPARTS AND 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. [Remainder intentionally left blank; Signature page to follow] Page 12 City of Mlatni API Funding Agreement sown.t Ovanawn Perk Wert Community Redevelopment Agency IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. Al 1'LST: "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida Clerk Date: Arthur Noriega V,Manager Date: 3Dp oa t APPROVED AS TO FORM AND CORRECTNESS: ictoria Mondez / Daj�Z/ City Attorney Matter ID: 21-846K' D.J.G. ATTEST: APPROVED AS TO INSURANCE REQUIREMENTS: r` 21 Ann -Marie Sharpe, Director Date: Risk Management "RECIPIENT" Sontlt :nst Overtown Petit W A Fl ' p - ot-For-Profit Corporatio By: Print Name / '� ' •"71 Print Name: 1 �� �/Vt ►Z� e � Title: ) Title: �.i�i(0 T1/.i., Anidixt, Page 13 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT A - CITY OF MIAMI RESOLUTION City of Miami Legislation Resolution Enactment Number: R-21-0205 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8865 Final Action Date:5/27/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND DETERMINATION, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ON BEHALF OF THE DREAMERS BREAKING BARRIERS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS INCLUDING THE CITY CODE AND CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") created the Anti -Poverty Initiative ("API") to address poverty based on a strategy of focusing the provision of support towards the City's residents achieving self-sufficiency; and WHEREAS, the Southeast Overtown Park West Community Redevelopment Agency ("SEOPW CRA") is being provided with funds on behalf of the Dreamers Breaking Barriers Program ("Program"); and WHEREAS, the Program, described in further detail in the API Funding Request Form attached and incorporated as Exhibit "B", will aid fifty (50) City residents age sixteen (16) and above with a second chance and youth prevention job training opportunity; and WHEREAS, the City's Mayor ("Mayor") wishes to provide grant funds from the Mayor's share of the City's API in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) ("Funds") for the. Program; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has provided a written findings and recommendation attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of said Funds for the Program and such procedures should be waived; and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, subject to applicable requirements of all Federal, State of Florida ("State"), and local laws, including the City Code and Charter of the City of Miami, Florida, as amended ("City Charter"), and in forms acceptable to the City Attorney, for the allocation of the Funds for the Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written finding and recommendation, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of said Funds for the Program and waiving the requirements for said procedures are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate the Funds from the Mayor's share of the City's API to the SEOPW CRA for the Program. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents necessary, subject to requirements of all Federal, State, and local laws, including the City Code and City Charter, and in forms acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND/CORRECTNESS: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. ANTI -POVERTY INITIATIVE FUNDING AGREEMENT - EXHIBIT B — SCOPE OF WORK Insert Pages 2 & 3 from Anti -Poverty Funding Request Form City of Miami Anti -Poverty Initiative Program Funding Request Form ORGANIZATION AND PROGRAM/PROJECT INFORMATION Organization History and Background Information: The purpose of the SEOPW CRA is to eliminate slum and blight conditions within the redevelopment area. For the purpose of this award, the SEOPW CRA. will be acting as fiduciary agent between the City of Miami and Encouraging Dreamers Breaking Barriers, LLC for their Dreamers Breaking Barriers Program. Is your program/project providing direct services to residents of the City of Miami? Yes(]✓ No❑ Number of residents your entity will serve: Frequency of Service: Age Group Served: 50 Daily 16 and above Is your program/project impacting one of Miami's disadvantaged communities? Yes ❑✓ No❑ Geographic Area Served (specific to this project/program) District Served (1, 2, 3, 4, 5, Citywide) Citywide Neighborhood/Community being served: Citywide Program/Project Priority area (Select one): Educational Programs for children, youth and adults ElCrime Prevention nElderly meals, transportation, recreational and health/wellness related activities At -risk youth or youth summer job programs Transportation services and programs Job development, retention and training programs nHomeless Services n Food Distribution nEssential supplies, during a State of Emergency, natural disaster, or economic crisis Page 2of5 Return this form to: mtrevino@miamigov.com (Last Revised May 15, 2020) City of Miami Anti -Poverty Initiative Program - Funding Request Form Program/Project Title: Dreamers Breaking Barriers Project/Progra m Description: To create a second chance and youth prevention job opportunity program where we pay our participants $15 per hour to learn vehicle detailing services. Program Start Date: June 1, 2021 Program End Date: May 30,2022 Please describe how this program/project and funding will alleviate poverty within the City of Miami? The program will provide job creation training opportunities for City of Miami youth where participants will be trained in vehicle detailing and develop job skills for future employment opportunities. IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures for this project/program: • The CRA will assign a staffer to monitor the progress of the program by requesting grant monthly report and verifying the accuracy of the information provided in this regard. These reports will outline the number of participants, services provided, as well as a detailed record keeping of the training sessions for participants in a given period of time. Please attach additional pages to the back of this packet, if the space above is not sufficient. Page 3 of 5 Return this form to: mtrevino@miamigov.com (Last Revised May 15, 2020) ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT C — BUDGET Insert Page 4 from Anti Poverty Funding Request Form City of Miami Anti -Poverty Initiative Program - Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $ 100,000 Explain how the City of Miami Anti -Poverty funding will be utilized: This project will provide car wash/detailing services. This grant will underwrite personnel cost, supplies, uniforms, marketing and insurances. Itemize API funding related to expenditures below: Personnel Salaries & Wages: . Personnel Benefits Space Rental: Utilities (Electricity, Phone, Internet): Supplies: Marketing: $ 800.00 Transportation (Participants): $ Meals (Participants): $ Professional Services (List each): $ 89,200.00 $ 5,500.00 Other (please describe): $4,500.00 (insurance) Other (please describe): Other (please describe): Page 4 of 5 Return this form to: mtrevino@miamigov,com (Last Revised May 15, 2020) ANTI -POVERTY INITIATIVE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" API AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, up to the sum of $ 100,000 for the services provided pursuant to this Agreement. 2. Request for Payments should be submitted to the CITY in a form provided by the City and included in this Exhibit as Request for Payment Form. 3. The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 4. Schedule of payments to RECIPIENT will be as follows: One Time Payment 5. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any modifications thereto. API Request for Payment Form Date: 1 /3 V21 Invoice Number: / Send to: City of Miami Office of Grants Administration 444 SW 2nd Ave., 5th Floor Miami, FL 33130 Program/Project Title: Recipient's Name: Recipient's Address: bnt rovri-5 kttNi. uli Anv 2 � Av ut,, 3 nd %z)n. ra' i FI 3;131 1y I hereby request payment in the amount of $ kV? W' for expenses incurred in relation to the City of Miami Anti -Poverty Initiative Activity/Program/Services provide below. Number of People Served/Location of Services Service Description Rate Amount O/ O Pharyli P twr ,.YJ. 14) .t -6-164 .tel CA hilikthA-4-3p yZ lin fie., e.�o it ,, (rl -tGe h 1614 a;/n� - �' i4e ooro TOTAL: $ O/ 000 certify that the Program/Service was provided in accordance to the approved Program/Project as described in the l PI Fundin equest Form and that expenses were incurred in the provision of said Progr /Sere DC Authorized Represe tative Signatur Date l 6ghtiips- Type Name *66111AV-6 eka/dieu Title: ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT E — INSURANCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Personal and Adv. Injury $300,000 Products/Completed Operations $300,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage (if applicable) Combined Single Limit Each Claim General Aggregate Limit Retro Date Included $ 250,000 $ 250,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. CERTIFICATE OF COVERAGE ISSUED ON: 04/26/2021 COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: WC FL1 0134004 20-17 COVERAGE PERIOD: 10/01/2020 TO 10/01/2021 12:01 AM COVERAGES: This is to certify that the agreement below has been issued to the designated member for the coverage period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded by the agreement described herein subject to all the terms, exclusions and conditions of such agreement. Mail to: Certificate Holder City of Miami 444 SW 2nd Avenue Miami , FL 33130 Designated Member Southeast Overtown Park West CRA. 819 NW 2nd Ave. - 3rd Floor Miami , FL 33136 LIABILITY COVERAGE Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury: Limit Deductible Employee Benefits Liability Limit Deductible Employment Practices Liability Limit Deductible Public Officials Liability Limit Deductible Law Enforcement Liability Limit Deductible WORKERS' COMPENSATION COVERAGE WC AGREEMENT NUMBER: WC FLI 0134004 20-17 Self Insured Workers' Compensation X Statutory Workers' Compensation X Employers Liability $ 1,000,000 Each Accident $ 1,000,000 By Disease $ I,000,UUU Aggregate Disease PROPERTY COVERAGE Buildings & Personal Property Limit: Per schedule on file with Trust Deductible Note: See coverage agreement for wind, flood, and other deductibles. Rented; Borrowed and Leased Equipment Limit: $ :0 TIV See Schedule for Deductible Total All other Inland Marine Limit: $ 0 TIV See Schedule for Deductible CRIME COVERAGE Employee Dishonesty Limit Deductible Forgery or Alteration Limit Deductible Theft Disappearance & Destruction Limit Deductible Computer Fraud Limit Deductible AUTOMOBILE COVERAGE Automobile Liability Limit Deductible All Owned Specifically Described Autos Hired Autos Non -Owned Autos Automobile Physical Damage Comprehensive See Schedule for Deductible Collision See Schedule for Deductible Hired Auto with limit of Garage Keepers Liability Limit Liability Deductible Comprehensive Deductible Collision Deductible NOTE:Additional Covered Party status is excluded for non-govemmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of loss. Description of Operations/ Locations/ Vehicles/Special items -(This section completed by member's agent, who bears complete responsibility and liability for its accuracy): Certificate issued with respect to the Anti -Poverty Initiative Funding Agreement. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the agreement above. Administrator Public Risk Underwriters® P.O. Box 958455 Lake Mary, FL 32795-8455 CANCELLATIONS SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE 1 EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT PROVISIONS. /%G G��Ge -2L — Producer Public Risk Insurance Advisors 300 North Beach Street , Daytona Beach , FL 32114 AUTHORIZED REPRESENTATIVE PGIT-CERT (1/19) PRINT FORM 04/26/2021 Print Date: 4/26/2021 Preferred GOVERNMENTAL INSURANCETRUST PUBLIC ENTITY AUTOMATIC ADDITIONAL COVERED PARTIES THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the AUTOMOBILE COVERAGE FORM, PGIT MN-300, the GENERAL LIABILITY COVERAGE FORM, PGIT MN-200 and the PROPERTY AND INLAND MARINE COVERAGE FORM, PGIT MN-104 Where indicated by (X) below, coverage applies to the subdivision or an agency of the state of Florida as their interest may appear. The provisions in this endorsement do not supersede Florida Statute 768.28, Article 10 and 13 of the Florida Constitution, or any other Statute or law limiting whom a Public Entity can indemnify. X ADDITIONAL COVERED PARTY - BY CONTRACT, AGREEMENT OR PERMIT SECTION I - WHO IS A COVERED PARTY is amended to include any subdivision or agency of the state of Florida (hereinafter called Additional Covered Party) with whom the Covered Party agrees in a written "insured contract" to name as an Additional Covered Party, but only with respect to liability arising solely out of the Covered Party's operation, "your work" or facilities owned or used by the Covered Party. The coverage afforded to the Additional Covered Party does not apply: (1) Unless the written "insured contract", agreement or permit was executed prior to the "bodily injury," "property damage," "personal injury" or "advertising injury;" (2) To any person(s) or organization(s) included as a Covered Party under this coverage agreement or by an endorsement made part of this coverage agreement. X ADDITIONAL COVERED PARTY - OWNERS OF LEASED EQUIPMENT SECTION II - WHO IS A COVERED PARTY is amended to include any subdivision or an agency of the state of Florida (hereinafter called Additional Covered Party) with whom the Covered Party agrees in a written "insured contract", for the lease or rental of equipment, to name as an Additional Covered Party, but only with respect to liability arising out of the sole negligence of the Covered Party, and only while such equipment is in the care, custody or control of the Covered Party, or any employee or agent of the Covered Party. The coverage afforded to the Additional Covered Party does not apply to: (1) "Bodily injury" or "property damage" occurring after you cease to lease or rent the equipment; (2) "Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage" to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for any purpose exercising physical control. PGIT MN-902 (10 16) Page 1 Print Date: 10/26/2020 X ADDITIONAL COVERED PARTY - MANAGERS OR LESSORS OF PREMISES SECTION II - WHO IS A COVERED PARTY is amended to include any subdivision or an agency of the state of Florida (hereinafter called Additional Covered Party) with whom the Covered Party agrees in a written "insured contract" to name as an Additional Covered Party, but only with respect to liability arising solely out of the "premises" leased to the Covered Party by such subdivision or agency of the state of Florida. The coverage afforded to the Additional Covered Party does not apply to: (1) "Bodily injury" or "property damage" occurring after the Covered Party cease to be a tenant in that "premises"; (2) "Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party; (3) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Covered Party; (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage" to: (a) Property owned, used, occupied by, or rented to the Additional Covered Party; (b) Property in the care, custody or control of the Additional Covered Party or its employees or agents, or of which the Additional Covered Party, its employees or agents are for ariy purpose exercising physical control. Notwithstanding any other provision of this agreement, this endorsement extends coverage to an Additional Covered Party, only in the event that said entity is a subdivision or agency of the state of Florida, within the contemplation of Section 768.28, Florida Statutes, and entitled to the privileges, immunities and protections afforded by said statute. PGIT MN-902 (10 16) Page 2 Print Date: 10/26/2020 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT F — CLOSE-OUT REPORT The Close Out Report must be completed at the end of the program. City of Miami Anti -Poverty Initiative Program Close -Out Report Date: Allocation Amount: Program/Project Title: Recipient's Name: Recipient's Address: Please provide the information in reference to all the services provided with the City of Miami Anti -Poverty Initiative: Program Start Date and End Date Program/Project Priority Area Description of Project/Activity/Service District where Project/Activity/Service were Provided District 1, District 2, District 2, District 3, District 5 and/or Citywide Location of Project/Activity/Service (ie. Site, neighborhood, area) Total Number of People Served Frequency of Project/Activity/Service I certify that the Program/Service was provided in accordance to the City of Miami Anti -Poverty Initiative Program Guidelines Signature Date Type Name Title: Return to: City of Miami Office of Grants Administration 444 SW 2nd Ave., 5th Floor Miami, FL 33130 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION GRANT AGREEMENT USA - This GRANT AGREEMENT ("Agreement") is made as of this 3rd day of 2021 ("Effective Date") by and"between SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and ENCOURAGING DREAMERS BREAKING BARRIERS, LLC, a Florida limited liability company ("Grantee"). RECITALS A. WHEREAS, the CRA is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Plan (the "Plan"); and B. WHEREAS, Section 2, Goals 4 and 6 on page II of the Plan lists the "creati[on of] jobs within the community" and "improving the quality of life for residents" as stated redevelopment goals; and C. WHEREAS, Section 2, Principle 6 on page 15 of the Plan lists the promotion of "local cultural events, institutions, and businesses" as a stated redevelopment principle; and D. WHEREAS, Section 2, Principle 6 on page 15 of the Plan provides that in order to "address and improve the neighborhood economy and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary to] support and enhance existing businesses and ... attract new businesses that provide needed services and economic opportunities ...'; and E. WHEREAS, Grantee's All Star Detailing Services training and second -chance program (the "Program") will provide on-the-job training and employment opportunities to residents in the Redevelopment Area who are interested in entrepreneurship in the vehicle servicing and detailing industry. The Program will also provide vehicle detailing services to the fleet of vehicles owned by the City of Miami (the "City"). Through its Program, Grantee also intends to further develop its relationship with the City of Miami Police Department and assist in bridging the gap and fostering a better relationship between the community and the police department; and F. WHEREAS, Grantee anticipates gainfully employing between five and fifteen individuals from the Redevelopment Area through the Program, in positions ranging from "vehicle tech specialists" to supervisory level positions fostering the development of managerial skills and encouraging career advancement; and G. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-20-0030 attached hereto as Exhibit "A," passed and adopted on December 14, 2020, authorized the issuance of a grant, in an amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), to the Grantee for funding to underwrite costs associated with the Program, based on the City of Miami's commitment to provide One Hundred Thousand Dollars ($100,000.00) of that One Hundred Fifty Thousand Dollars ($150,000.00); and H. WHEREAS, the City of Miami Commission, by Resolution No. R-21-0205, attached hereto as Exhibit "B", passed and adopted on May 27, 2021, authorized an allocation and appropriation of grant funds from the Mayor's share of the City's Anti -Poverty Initiative Fund in an amount not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00) to the CRA on behalf of Grantee to underwrite costs associated with the Program, thereby leaving the CRA to provide the remaining Fifty Thousand Dollars ($50,000.00); and I. WHEREAS, the parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of this grant; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct, and are incorporated herein by referenced and made a part hereof 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to Grantee grant funds to be used for the purpose and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant shall be used to underwrite costs associated with the Program incurred during the Term of this Agreement, in accordance with the Program's approved scope of work and budget, ("Scope of Work and Budget") as described in Exhibit "C", attached hereto and incorporated herein. 4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate upon the earlier of one (1) year after the Effective Date, or when the grant funds of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) are expended, whichever occurs first. However, the following rights of the CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties, and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the CRA shall make available to Grantee up to One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00). In no event shall payments to Grantee under this Agreement exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00). Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after receipt and approval of requests for disbursements in accordance with the approved Scope of Work and Budget. b. REQUESTS FOR DISBURSEMENT OF GRANT FUNDS. All requests for the disbursement of grant funds by Grantee shall be submitted in writing to the CRA by Grantee's authorized representative prior to the termination of this Agreement. All such requests must be accompanied by supporting documents reflecting the use of grant funds and/or expenditures incurred, and that the request is being made in accordance with the Program's approved Scope of Work and Budget, as reflected in Exhibit "C", for expenditures incurred during the Term of this Agreement. For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Program shall be in Grantee's name, and not in the name of the CRA in light of Grantee's inability to bind the CRA to any legal and/or monetary obligation whatsoever. The CRA reserves the right to request additional supporting documentation for any expenditures, and the CRA reserves the right to deny any and all requests it deems to be outside of the approved Scope of Work and Budget. Grantee's failure to provide additional supporting documentation or explanation regarding expenses incurred, when requested by the CRA, shall serve as grounds for immediate termination of this Agreement, and Grantee solely shall bear all costs associated with any expenditures not approved by the CRA. c. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment will be made to Grantee as a reimbursement for any 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. 2 d. NO ADVANCE PAYMENTS. The CRA shall not make advance payments to Grantee or Grantee's vendors for services not performed or for goods, materials, or equipment which have not been delivered to Grantee for use in connection with the Project. 6. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of grant funds is subject to specific reporting, record keeping, administrative, and contracting guidelines and other requirements affecting the CRA's activities in issuing the grant. CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, Grantee represents and warrants that it will comply, and the grant funds will be used in accordance ;with all applicable federal, state and local codes, laws, rules, and regulations. 7. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; or e. Take such other remedies that may be legally permitted. 8. RECORDS AND REPORTS/AUDITS AND EVALUATION. a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the CRA's audit rights in Section 9(c) below, Grantee acknowledges and accepts the CRA's right to access Grantee's records, legal representatives' and contractors' records, and the obligation of Grantee to retain and to make those records available upon request, and in accordance with all applicable laws. Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, Grantee's contractors and subcontractors must make available, upon the CRA's request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Project for a period of five (5) years after the expiration, early termination or cancellation of this Agreement. b. REPORTS. Grantee shall deliver to the CRA reports relating to the use of grant funds as requested by the CRA, from time to time and as detailed herein. Failure to provide said reports shall result in grant funds being withheld until Grantee has complied with this provision. Thereafter, continued failure by Grantee in providing such reports shall be considered a default under this Agreement. c. AUDIT RIGHTS. The CRA shall have the right to conduct audits of Grantee's records pertaining to the grant funds and to visit the Program, in order to conduct its monitoring and evaluation activities. Grantee agrees to cooperate with the CRA in the performance of these'activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. 3 9. UNUSED FUNDS. Upon the expiration of the term of this Agreement, Grantee shall transfer to the CRA any unused grant funds on hand at the time of such expiration. 10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grantee shall be submitted to the CRA for review and approval in accordance with the terms set forth in this Agreement. Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the Scope of Work and Budget set forth in Exhibit "C". b. EXPENDITURES. Funds disbursed under this Agreement shall be used solely for the Project in accordance with the Scope of Work and Budget set forth in Exhibit "C". All expenditures of grant funds will be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. Grant funds shall not be co -mingled with any other funds, and separate accounts and accounting records shall be maintained. d. POLITICAL ACTIVITIES. No expenditure of grant funds shall be used for political activities. e. LIABILITY GENERALLY. Grantee shall be liable to the CRA for the amount of the grant expended in a manner inconsistent with this Agreement. f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the part of, and has been, or will be, duly executed and delivered by Grantee, and neither the execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan, or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument to which Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other agreement to which Grantee is a party, or results in the creation of any lien or encumbrances upon any property of Grantee. 11. NON-DISCRIMINATION. Grantee, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or any other protected class prescribed by law in connection with its performance under this Agreement. Furthermore, Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, disability, or any other member of a protected class be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 12. CONFLICT OF INTEREST. Grantee is familiar with the following provisions regarding conflict of interest in the performance of this Agreement by Grantee. Grantee covenants, represents, and warrants that it will comply with all such conflict of interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Miami -Dade County Code, Section 2-11.1. 13. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and continued authorization for Program activities, and is subject to amendment or termination due to lack of funds or 4 authorization, reduction of funds, or change in regulations. The CRA shall not be liable to Grantee for amendment or termination of this Agreement pursuant to this Section. 14. MARKETING. a. PUBLICATION. In the event Grantee wishes to engage in any marketing efforts, Grantee shall, if approved by the CRA in accordance wit Section 14(b) below, produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Program, in all forms of media and communications created by Grantee for the purpose of publication, promotion, illustration, advertising, trade, or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements, or interviews. b. APPROVAL. The CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LM 1'LD USE. Grantee further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in Grantee's use of the CRA's name and logo, confers or may be construed as conferring upon Grantee any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Agreement. 15. DEFAULT. If Grantee fails to comply with any term or condition of this Agreement, or fails to perform any of Grantee's obligations hereunder, and Grantee does not cure such failure within thirty (30). days following receipt of written notice from the CRA that such failure has occurred, then Grantee shall be in default. Upon the occurrence of such default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA directly to Grantee and utilized by Grantee in violation of this Agreement shall be immediately returned to the CRA. Grantee understands and agrees that termination of this Agreement under this section shall not release Grantee from any obligation accruing prior to the effective date of termination. 16. NO LIABILITY. In consideration for the issuance of grant funds under this Agreement, Grantee hereby waives, releases, and discharges the CRA, the City of Miami, its officers, employees, agents, representatives, or attorneys, whether disclosed or undisclosed, any and all liability for any injury or damage of any kind which may hereafter accrue to Grantee, its officers, directors, members, employees, agents, or representatives, with respect to any of the provisions of this Agreement or performance under this Agreement. Any liability of the CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 17. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the CRA, Grantee may only seek specific performance of this Agreement and any recovery shall be limited to the grant funding authorized for the services provided herein. In no event shall the CRA be liable to Grantee for any additional compensation, other than that provided herein. 18. INDEMNIFICATION OF THE CRA. Grantee agrees to indemnify, defend, protect, and hold harmless the CRA and the City of Miami from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") for reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from or in connection with: (i) the performance or non-performance of the services, supplies, materials, and equipment contemplated by this Agreement or the Program, whether directly or indirectly caused, in whole or in part, by any 5 act, omission, default, professional errors or omissions, or negligence (whether active or passive) of Grantee or its employees, agents, or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the CRA; or (ii) the failures of Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as provided above, for which Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. The Indemnification shall survive the cancellation or expiration of the Agreement. 19. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "D", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Program under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the CRA. Completed Certificates of Insurance shall be filed with the CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by CRA file duplicate copies of the policies of such insurance with the CRA. If, in the reasonable judgment of CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different in kind, CRA reserves the right to require the provision by Grantee of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, CRA shall pay Grantee expenses incurred for the Program, prior to the date of termination but shall not be liable to Grantee for any additional compensation, or for any consequential or incidental damages. 20. DISPUTES. In the event of a dispute between the Executive Director of the CRA and Grantee as to the terms and conditions of this Agreement, the Executive Director of the CRA and Grantee shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed fmal and binding on the parties. 21. IN 1'ERPRETATION. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and Grantee relating to the Agreement. 6 Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. c. CONTRACTUAL INTERPRETATION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. d. COVENANTS. Each covenant, agreement, obligation, term, condition, or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. e. CONFLICTING TERMS. In the event of a conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. g. SEVERABILITY. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable; and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 22. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 23. DOCUMENT OWNERSHIP. Upon request by the CRA, all documents developed by Grantee shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CRA to Grantee pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by Grantee for any other purpose whatsoever, without the written consent of the CRA. 24. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the grant funds. 7 25. NON-DELEGABILITY. The obligations of Grantee under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 26. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 27. TERMINATION. The CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. Should the CRA terminate this Agreement, the CRA will be relieved of all obligations under this Agreement. In no way shall the CRA be subjected to any liability or exposure for the termination of this Agreement undenthis Section. 28. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To CRA: Cornelius Shiver, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, FL 33136 Email: CShiver@miamigov.com To Grantee: With copies to: Anna -Bo Emmanuel, Esq., Chief Legal Counsel Email: Aemmanuel@miamigov.com Nathaniel Joseph, Business Development/Job Coordinator Email: Njoseph@miamigov.com Ijamyn Gray, Chief Executive Officer Encouraging Dreamers Breaking Barriers, LLC 3520 Douglas Road Miami, FL 33133 Email: ijamvngray62@gmail.com 29. INDEPENDENT CONTRACTOR. Grantee, its contractors, subcontractors, employees, agents, and participants in the Program shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 31. MULTIPLE COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of 8 the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals 32. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in, and made a part of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and Grantee have executed this Agreement. ATA s{u.rPiaa" t . ; 411 .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Anna -Bo Emmanuel (Jun 22, 2021 10;09 EDT) Name: Anna -Bo Emmanuel Title: Chief Legal Counsel WITNESSES: 7aGm'a e /- By: Talmadge W. it (Jun 21, 202112:05 EDT) Print: Talmadge W. Fair By: R. Launita Gaiter (Jun 21, 2021 18:07 EDT) Print: R. Launita Gaiter SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes By: Name: Cornel Title: Executive er erector APPROVED AS TO INSU REQUIREMENTS: By: Fra i'k Gome(Jun 22, 202109:53 EDT) CE Name: Arm -Marie Sharpe Title: Director of Risk Management ENCOURAGING DREAMERS BREAKING BARRIERS, LLC a Florida limited liability company ("Grantee") By: Ijamyn Gray, its Chief Executive Officer Ijan(n gray l0un 18, 2021 16:53 EDT) 10 Exhibit "A" Resolution No. CRA-R-20-0030 11 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-20-0030 File Number: 8330 Final Action Date:12/14/2020 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A GRANT, IN AN AMOUNT NOT TO EXCEED $150,000.00, TO ENCOURAGING DREAMERS BREAKING BARRIERS, LLC, TO UNDERWRITE COSTS ASSOCIATED WITH THE OPERATION OF THE ALL STAR DETAILING SERVICES TRAINING AND SECOND -CHANCE PROGRAM FOR 2020-2021; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; 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; ALLOCATING FUNDS FROM SEOPW, "OTHER GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community Redevelopment Plan ("Plan"); and WHEREAS, Section 2, Goals 4 and 6 on page 11 of the Plan lists the "creati[on of] jobs within the community" and "improving the quality of life for residents" as stated redevelopment goals; and WHEREAS, Section 2, Principle 6 on page 15 of the Plan lists the promotion of "local cultural events, institutions, and businesses" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 6 on page 15 of the Plan provides that in order to "address and improve the neighborhood economy and expand economic opportunities of present and future residents and businesses[,] ... [it is necessary to] support and enhance existing businesses and ... attract new businesses that provide needed services and economic opportunities ..."; and WHEREAS, the All Star Detailing Services training and second -chance program ("Program") by Encouraging Dreamers Breaking Barriers, LLC ("EDBB") will provide on-the-job training, a robust curriculum, and employment opportunities to residents in the Redevelopment Area who are interested in entrepreneurship as it pertains to the vehicle servicing and detailing industry. Specifically, the Program will provide vehicle detailing services to the fleet of vehicles owned by the City of Miami. Through its Program, EDBB also intends to further develop its relationship with the City of Miami Police Department and assist in bridging the gap and fostering a better relationship between the community and the police department; and WHEREAS, the Program anticipates gainfully employing between five and fifteen individuals from the Overtown community in positions ranging from "vehicle tech specialists" to supervisory level positions fostering the development of managerial skills and encouraging career advancement. Ultimately, EDBB will provide job training skills while creating job opportunities for local residents and those in need of a second chance to encourage dreams and break down societal barriers; and ity of Miami ge 1 of 2 File ID: 8330 (Revision:) Printed On: 12/14/2020 Ile ID: 8 En ctment Number. CRA-R-20-00 WHEREAS, EDBB has secured a commitment from the City of Miami (the "City") in which the City will contribute $100,000.00 of the $150,000.00 of requested funding for the Program. The CRA will contribute an additional $50,000.00 for the operation of the Program. Human Resources of Miami, Inc. (also known as the "Blue Shirts") will provide oversight and fiscal management to EDBB in its operation of the Program. The CRA may request modifications to the Program budget if deemed necessary; and WHEREAS, the Board of Commissioners wishes to authorize a grant, in an amount not to exceed $150,000.00 to EDBB to underwrite costs associated with the operation of the Program; and WHEREAS, the Board of Commissioners finds that such a grant would further the CRA's redevelopment goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby authorizes the issuance of a grant in an amount not to exceed $150,000.00, to Encouraging Dreamers Breaking Barriers, LLC to underwrite costs associated with the operation of the All Star Detailing Services training and second -chance program to be located at 1490 NW 3rd Avenue, Miami, Florida 33136 for 2020-2021. Section 3. The Executive Director is authorized to execute all documents necessary for said purpose. Section 4. The Executive Director is authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation. Section 5. Funds to be allocated from SEOPW Tax Increment Fund, entitled "Other Grants and Aids," Account Code No. 10050.920101.883000.0000.00000. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: William`Bloom, peunsel City of Miami Page 2 of 2 File ID: 8330 (Revision:) Printed on: 12/14/2020 Exhibit "B" City of Miami Commission Resolution No. R-21-0205 12 City of Miami Legislation Resolution Enactment Number: R-21-0205 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8865 Final Action Date:5/27/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND DETERMINATION, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ON BEHALF OF THE DREAMERS BREAKING BARRIERS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS INCLUDING THE CITY CODE AND CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN FORMS' ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") created the Anti -Poverty Initiative ("API") to address poverty based on a strategy of focusing the provision of support towards the City's residents achieving self-sufficiency; and WHEREAS, the Southeast Overtown Park West Community Redevelopment Agency ("SEOPW CRA") is being provided with funds on behalf of the Dreamers Breaking Barriers Program ("Program"); and WHEREAS, the Program, described in further detail in the API Funding Request Form attached and incorporated as Exhibit "B", will aid fifty (50) City residents age sixteen (16) and above with a second chance and youth prevention job training opportunity; and WHEREAS, the City's Mayor ("Mayor") wishes to provide grant funds from the Mayor's share of the City's API in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) ("Funds") for the Program; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has provided a written findings and recommendation attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of said Funds for the Program and such procedures should be waived; and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, subject to applicable requirements of all Federal, State of Florida ("State"), and local laws, including the City Code and Charter of the City of Miami, Florida, as amended ("City Charter"), and in forms acceptable to the City Attorney, for the allocation of the Funds for the Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written finding and recommendation, attached and incorporated as Exhibit "A", that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of said Funds for the Program and waiving the requirements for said procedures are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate the Funds from the Mayor's share of the City's API to the SEOPW CRA for the Program. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents necessary, subject to requirements of all Federal, State, and local laws, including the City Code and City Charter, and in forms acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ria cq—lrary ttor t ey 4/13/2021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Exhibit "C" Scope of Work and Budget 13 Business Proposal Encouraging Dreamer's Breaking Barriers Allstars Detailing Services Prepared For The City of Miami CRA / SEOPW / OMNI / WEST GROVE CRA Prepared By Ijamyn Gray, Sr., Encouraging Dreamers Breaking Barriers, LLC 3515 Douglas Road Coconut Grove, FL 33133 Tel: 786.317.7729 ijamyngray62@gmail.com Submitted on July 20, 2020 ENCOURAGINGDRE NIER'S Table of Contents Statement of Confidentiality & Non -Disclosure 3 Overview 4 The Objective 4 The Opportunity 4 Our Proposal 5 Approach & Methodology 5 Timeline for Execution 6 Infrastructure Request 6 OPPOSITIONS 7 QUALIFICATIONS 7 CAREER OPPORTUNITIES 8 Service Levels & Costs 9 Additional Information 10 Safety & Security Precautions 11 Conclusion 14 Appendix A/ Enclosure 15 APPENDIX B (ESTIMATED COST FOR TOTAL PROJECT) 16 2 ENCOURAGINGDREAMERS STATEMENT OF CONFIDENTIALITY & NON -DISCLOSURE This document contains proprietary and confidential information. All data submitted to City of Miami CRA'S SEOPW &OMNI is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with EDBB All Star Detailing Services, LLC. The recipient of this document agrees to inform present and future employees of City of Miami CRA'S SEOPW &OMNI who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such matters are generally known to, and are available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without EDBB All Star Detailing Services, LLC's written consent. EDBB All Star Detailing Services, LLC. retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing material, and multimedia. BY ACCEPTANCE OF THIS DOCUMENT, THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT. 3 ENCOURAGINGOREAMER'S ENCt U; GING DRE MERS BREAKING BARRIERS (EDBB) LL STIR ®ET(LING SERVICE% LLC Proposal for Services OVERVIEW Encouraging Dreamers Breaking Barriers (EDBB) All Star Detailing Services, LLC is pleased to submit this proposal for services to support EDBB) All Star Detailing Services, LLC desires to build a relationship with The City of Miami SEOPW CRA & OMNI CRA; and work in conjunction with the City achieving its procurement goal with the proposal for a standard Vehicles Washing Project. This project will enhance the City of Miami owned fleet, cars and trucks and its employee's vehicles. (EDBB) All Star Detailing Services, LLC We understand the dynamics of the market that the City of Miami faces and recognize the unique opportunity to fulfill services requested. (EDBB) All Star Detailing Services, LLC believes there is an open market in its growth stage and that we are uniquely positioned to successfully obtain the opportunity to provide mobile detailing services to the largest sectors in the county. Having duly examined your previous RFP in 2017, City of Miami was seeking qualified businesses to fulfill service request for mobile car wash services. Our company is confident that our proposed services will effectively address your prerequisites and look forward to obtaining a 3-year contractual agreement with the possibility of a renewal to fulfill the need for mobile detailing services. The Objective • (EDBB) All Star Detailing Services, LLC will be providing basic services and they are exterior vehicle washing, interior cleaning, pressure washing and waxing services. Although our intention of starting a car wash business is to offer only the above stated services, but we will not close our doors to diversification (additional services) • To provide mobile vehicle cleaning services to Over 2000 city Vehicles City of Miami and SEOPW & OMNI CRA's fleet and employee's vehicles. • (EDBB) All Star Detailing Services, LLC is supportive of the previous RFP from the CRA's and would like to extend services throughout The City of Miami. The need for job Creation and Training opportunities for second chance individuals. All hirees will be selected throughout all 5 districts of the City of Miami. • The Opportunity • Solve the City of Miami's previous RFP in reference to the lack of care to the proposed vehicles above. • Provide 5% of earnings back to City of Miami, per request in previous RFP with other incentives. • Providing opportunities to second chance individuals. . All youth that would like to volunteer for community hours will receive a stipend. 4 ENCOURAGINGOREAMERS ® (EDBB) All Star Detailing Services, LLC will have the opportunity to empower, train and employ youth from 16 and up that reside or is returning to an underprivileged community within City of Miami at large. All hired through this project will earn between $12 - $15 per hour, plus incentives. • (EDBB) All Star Detailing Services, LLC will provide a pay increase to all City of Miami residents, if employed. OUR PROPOSAL EDBB) All Star Detailing Services, LLC desires to build a relationship with The City of Miami SEOPW CRA & OMNI CRA; and work in conjunction with the City achieving its procurement goal with the proposal for a standard Vehicles Washing Project. This project will enhance the City of Miami owned fleet, cars and trucks and its employee's vehicles. (EDBB) All Star Detailing Services, LLC has been established since 2016 and the Owner, Mr. Ijamyn Gray has over twenty years of experience in the Car Wash and Auto Detailing industry. EDBB) All Star Detailing Services, LLC is proposing to: • Provide priority service to wash and clean all emergency vehicles (Police Officers) inside and outside. All serviced vehicles scheduled should not wait more than 30 minutes for service. Al vehicles will be washed at the shopping plaza withing the CRA redevelopment area. • The fleet and other vehicles will be washed weekly. Vehicles that are in operating condition will be serviced. Car washing will be provided Monday thru Saturday from 7a.m. to 7p.m. There will be 10 teams of 4 Car Tech Specialist and one Car Tech Supervisor. Each team has the intention for washing up to 30 vehicles per day, if weather permits. Any team that completes more than the anticipated goal will receive an incentive at the end of the month. • Our company will keep a detailed daily record of all vehicles detailed by fleet inventory numbers. Each report will verify the condition of the vehicle upon entering and after vehicle has been serviced. Inventory reports shall be submitted directly to the supervisor and manager. The procurement department shall receive a detailed daily report of the number of vehicles cleaned. The report will include the date serviced, license plate, condition of the vehicle prior to services (stains, internal and external damages), and services provided. The Department shall confirm with (EDBB) All Star Detailing Services, LLC the number of vehicles detailed. APPROACH & METHODOLOGY Our waterless car wash uses high lubricity sprays to polish and wash the vehicle's bodywork, while safely removing surface contaminants and leaves vehicles absolutely spotless. This process removes any light dirt, or, stains from the vehicle's surface. It works ideally for vehicles that don't have thick embedded caked dried mud or, dirt to clean. 5 ENCOURAGINGDREAMER'S Through experience, we recommend our waterless car wash services for vehicles with light dirt. Our cleaning program focuses on our microfiber cleaning techniques. We use only microfiber towels to wipe vehicles because of high absorbency and softness, which helps to "lift" dirt away from the vehicle's paint to help ensure a scratch -free finish. We understand that proper use of waterless car wash products will not damage or scratch the vehicle's paint. We are committed to being eco-friendly, and for that reason, all our staff will perform waterless vehicle detailing services by default. Project Deliverables Following is a complete list of all project deliverables: • Deliverable ::';.... Description _ Training Neighbors & Neighbors, Inc. will be in control of the training process through the Employ Miami -Dade Program Talent Acquisitions Career Source South Florida will provide all hiring and training Equipment & Supplies (EDBB) All Star Detailing Services, LLC will provide its own supplies and company equipment to service all vehicles. Timeline for Execution This project is proposed to be launched and executed by August 1, 2020 Infrastructure Request :Infrastructure Request. EDBB) All Star Detailing Services, 'LLC desires to build a relationship. with The City' of Miami SEOPWICRA,& OMNI CRA;_andwork,in'.- ':: . conjunction with the Cityachievin its' rocurement oal With theproposal for a . 9 P g P, P standard Vehicles Washing Project. `:.This project will enhance"the City of,Miamii .. owned fleet,'Cars and trucks and its employee's _vehicles.; (EDBB) All Star, Detailing ,.: -;, _ -: ; ..:.:_' - .. Services,:LLC .`.= '::..' ....,:. :.:: ;;.:'..:;,;-;:.';° :.`: ;. ".:::: Occupy;Space',;• (EDBB) All Star Detailing Services, LLC is seeking any vacant properties owned by City Ongoing upon of Miami CRA's Omni & SEOPW. This will provide a standard location for the company to proposed operate and to service vehicles. There is a 10% incentive to the City based upon a ten- year contract between (EDBB) All Start Detailing Services, LLC contract term 6 ENCOURAGINGOREAMER'S (EDBB) All Star Detailing Services, LLC. Vehicles Wash Services . Vehicle Types Exterior Compact Cars , Cars Interior& Exterior Small & Large SUV's Light Pickups Superior Full Detailing Large Trucks and Fleet Vehicles OPPOSITIONS We recognize the possible opposition effects that may affect the upcoming project Weather Inclement • During the event of unpleasant weather, there are procedures that will be implemented so that serviced vehicles are washed on schedule • If weather cannot be withstood, employees will be asked to return home or be notified before their scheduled work time if it is required for them to report to the worksite. • During light weather, work will be as scheduled with other duties as assigned. Since work is performed under a covered area, employees will perform spot cleaning or interior cleaning on all serviced vehicles. The spot detailed vehicles exterior will be cleaned next, if weather permits. QUALIFICATIONS Encouraging Dreamers Breaking Barriers (EDBB) All Star Detailing Services, LLC is continually proven to be an industry leader for high quality/guaranteed product/service in the following ways: • Mobile and hand wash services require a smaller upfront investment in equipment, but ongoing labor costs must be considered. Self-service and automatic car washes require less labor, but upfront machinery and real estate costs can be high depending on demographic. • All employees will attend training on the proper techniques to detail all vehicles and safety precautions before any work is performed on the vehicles. • All employees will have an active driver's license. MVR reports will be checked periodically to ensure all license are active. • EDBB All Star Detailing Services, LLC are committed to an eco-friendly, as all vehicle detailers do a waterless detailing by default. 7 ENCOURAGINGOREAMER'S e (EDBB) All Star Detailing Services, LLC is a company dedicated to providing community service, careers, training and financial literacy for our upcoming youth and adults with full-time employment for self-sufficiency. • Fostering a teamwork environment with a strong emphasis on customer and superior -service. CAREER OPPORTUNITIES Job Title _. Job Descriptions Car Tech Specialist (9 employees) • Clean vehicles interiors and exteriors in compliance standards and customers request. • Operate buffers. Steamers, hoses, vacuums, and other equipment to meet service expectations • Use proper cleaning, protective and restorative agents to maintain and enhance the appearance of vehicles • Perform inspections and keep complete, accurate records of the vehicle's condition • Move and park vehicles, deliver vehicles to correct locations, owners or drivers • Manages inventory and request for re- ordering of supplies • Respond to customer's inquiries and fulfill re • uests • Supervises and coordinates activities of Car Tech Supervisor workers engaged in washing and (One employee) polishing vehicles • Conduct on -going training on proper detailing techniques o Manages inventory supplies, such as detergents, brushes, and tire -blacking compound. • Quotes prices to customers desiring such services as automobile waxing and polishing. • Accepts payment and makes change. • Supervises personnel engaged in polishing and washing automobiles or parts of vehicles not washed by automatic mechanism. • Inspects equipment for wear and arranges for repair or replacement as necessary. 8 ENCOURAGINGDREAMER'S • • • • • Resolves customer complaints. Keeps records of daily receipts, employee time and wage data, and supplies used. Participate in washing, polishing, and performance of other services Responsible for all company electronic devices, vehicle keys and the safety up keep Car Tech Manager (One employee) • • Ensure car wash is of quality standards Manages overall vehicle flow and production in car wash operation and ensure car wash compliance with government standards • Resolves customer complaints. • Conduct safety trainings and meetings and perform opening and closing duties • Conduct on -going training on proper detailing techniques • Arrange all travel plans between employees and worksite • Maintain car wash equipment • Manage inventory of chemical towels and other supplies • Manage and maintain employee timecard to ensure accurate payroll • Maintain accurate records and reporting to achieve profitable goals • Perform essential duties and responsibilities for all car wash employees • Participate in washing, polishing, and performance of other services SERVICE LEVELS & COSTS Exterior or Interior Detailing ONLY: Exterior only: Hand wash including windows, rims and tire dressing. Interior only: Full -vacuum carpet, windows, doors, dashboard, and console. Cars: $10 Crossovers/Small SUV's/Light Pickups: $12.00 Large SUV's/Large Pickups: $15.00 9 ENCAURAGINGOREAMER'S Vans & Minivans: $20.00 Full Interior & Exterior Detail: Exterior hand wash including windows, rims and tire dressing plus interior full -vacuum carpet, windows, door jambs, dashboard, and console. Cars: $20.00 Crossovers/Small SUV's/Light Pickups: $25.00 Large SUV's/Large Pickups: $30.00 Vans & Minivans: $40.00 ADDITIONAL INFORMATION Car Wash Stations: Stations will be comprised of one (1) portable cart for every five (5) parking spaces being provided for waterless car washing services. Each portable cart will consist of the following supplies: waterless car wash solution, microfiber cloths, glass cleaner, tire and wheel dressing, rim cleaner, leather and vinyl interior balm/cleaner, Camauba Spray Wax, air freshener, and three (3) vacuum cleaners for every ten (10) parking spaces. Any run-off will be addressed by our use of water containment mats. The water containment mats enable us to wash vehicles anywhere and comply with EPA regulations. About 65% of the wash water ends up in the mat, the remaining water is evaporated while drying the vehicles. Water Consumption: Approximately one (1) gallon of water may be used per vehicle. If water is used, we will use water containment mats to aide in preventing still water build-up. Electrical Consumption: We will use a power invertor in order to provide power to our equipment, when necessary. Chemicals: We use 3D High Definition Car Products. We use Green Waterless Car Wash by 3D which requires no dilution it is "green certified" and biodegradable. Regulatory Permits/ Compliance: We have researched local, county, state laws, and federal regulations regarding this service, and to our knowledge, there are no permits required outside of adherence to OSHA requirements. We routinely conduct research on all laws, and regulations pertaining to car washing services to ensure we remain knowledgeable and up-to-date on information pertaining to this industry. Customer Drop-off /Checkout Process/Customer Service/Communications: We are in the process of obtaining/creating a downloadable application for our car wash services. This application will allow our customers to sign up with basic details to get their cars washed at their convenience. They will have the ability to login using Email or Facebook. He or she will be required spend a few moments signing up by 10 ENCOURAGlNGDREAMER'S entering basic information about their vehicle, requested service, and payment details. A wash request is sent to the detailer. Once acknowledgment of the request is received by the detailer; he or she will be able to approve/decline wash request. A random detailer will be assigned to the vehicle by the supervisor. Customers will have the ability schedule future car washes, give reviews, and ratings on the services received by his or her detailers. Upon completion of the service, our detailer(s) will contact customers via telephone, text, and/or email to inform them of completion. A log is generated which identifies, time vehicle was dropped off, detailer who serviced vehicle, service requested, payment method, and additional notes. This app will be downloadable for free. Customers will also have the ability to confirm the booking, and pay detailers using the application with debit/credit cards. SAFETY & SECURITY PRECAUTIONS We employ/implement the following safety precautions to eliminate or significantly reduce injuries: • Never stand in front of the car when guiding it onto the conveyor, or once it's moving. • Be sure the vehicle is fully stopped, the transmission is in "park or neutral," and the parking brake is engaged before allowing anyone to get out of the vehicle. • Car wash employees should never drive a vehicle with a door open or with their leg or foot outside the vehicle. • When exiting the tunnel, make sure the area is clear and proceed slowly. ASSAULTS Actions that should be implemented to prevent assaults and robberies may include: • Providing adequate lighting both inside and outside the premises. • Installing security surveillance cameras. • Posting signs notifying the public that limited cash is kept on the premises. • Implementing a Preventing Violence in the Workplace program. SLIPS AND -FALLS • Good housekeeping is essential to a safe workplace and may result in fewer accidents and reduced fire hazards. 11 ENCOURAGINGDREAMER'S • Remove tools, materials or other objects Tying on floors, driveways, and work areas. • Clean up all spills such as oil, detergent, wax, etc. • Drain trenches must be kept clean. to minimize the amount of excess water on the floor. Employees should wear slip -resistant shoes. • Employees should receive training in correct ladder selection, inspection and safe use. SECURITY Our employees will undergo a full criminal background •check at our company's expense prior to being employed. VEHICLE SECURITY Vehicles are only driven by the On -site Supervisor. The On -site Supervisor is responsible for inventory of vehicles, and possession of keys. Electrical Hazards To reduce the possibility of severe injury or death from electrical shock, employees should not conduct any repairs unless they are qualified and authorized by the company. Lockout/tag out procedures should be followed when servicing or maintaining equipment. The following precautions should be followed when using portable/powered tools: • Ensure all electrical tools have double insulation. Do not use a tool that does not have a ground prong. • Install "point -of -use" ground fault interrupter (GFI) electrical receptacles for use in all tunnel and bay areas. • Do not use tools or extension cords that have splices or exposed wires. • Do not handle or operate electrical equipment when hands are wet or when standing on wet floors. CHEMICAL HAZARDS Caution should be exercised in handling all chemical products. Some car wash chemicals are caustic and should not come in direct contact with bare skin or eyes. Read caution labels on any chemical products. 12 ENOOURAGINGDREAMER'S Read and understand the MSDS (Material Safety Data Sheet) for each chemical product used. These sheets provide important information regarding safe use, personal protective equipment, storage and first aid. Follow the company hazard communication program.. STRAINS • When performing manual lifting tasks, obtain solid footing. Stand close, bend your knees and keep your back straight. Lift straight up, push with your legs. • Hold the load close to your body. Avoid twisting or turning your body while lifting or carrying a Toad. Turn feet to change body position. • If the object is too heavy for you, get someone to help you. • Use proper material handling aids such as hand trucks, carts, etc. • When pushing a car manually, always get help. • Consider using a power pusher. VEHICULAR TRAFFIC TIPS • Post and enforce speed restrictions on the property to reduce accident probability. • Drive -on and drive -off employees should have a valid driver's license with appropriate training. 13 I CONCLUSION ENCOURAGINGDREAMER'S EDBB) All Star Detailing Services, LLC desires to build a relationship with The City of Miami SEOPW CRA & OMNI CRA; and work in conjunction with the City achieving its procurement goal with the proposal for a standard Vehicles Washing Project. This project will enhance the City of Miami owned fleet, cars and trucks and its employee's vehicles. (EDBB) All Star Detailing Services, LLC takes pride in caring for our employees, our customers, our shareholders and our environment. We hire dedicated employees who have similar values. We are a customer -first establishment and we provide all of our employees the opportunity to build everlasting careers. (EDBB) All Star Detailing Services created a working environment where employees can perform their best and strive to achieve his or her personal goals. Because of our detailed training and safety program, (EDBB) All Star Services invests in their employees for higher achievement, and career advancement. We are confident that we can meet the challenges ahead and stand ready to partner with you in delivering an effective, employee invested, and customer first solution. Thank you for your consideration, Mr. Ijamyn Gray Owner (EDBB) All Star Detailing Services 14 Encouraging Dreamers Breaking Barriers (EDBB, Inc.) The Youth Escape Annual Budget Revenue City of Miami $100,000 CRA $50,000 Car Wash (Police) Revenue Total Revenue $150,000 Expenses Contract Manager $21,250 Supervisor $18,750 Employees/Trainees $49,200 Fringe Benefits $8,922 Workers Compensation $3,500 Trainee Support & Development Uniforms $1,500 Storage $2,795 Supplies $5,500 Auto $1,750 Equipment $5,770 Repair & Maintenance $1,500 Insurance $4,563 Administration/Auditing $25,000 Total Expenses $150,000 Exhibit "D" Insurance Requirements 14 INSURANCE REQUIREMENTS - ENCOURAGING DREAMERS BREAKING BARRIERS, LLC I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 Endorsements Required City of Miami and SEOPWCRA listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability (if applicable) A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami and SEOPWCRA listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 1 Encouraging Dreamers Breaking Barriers Grant Agreement 2021 Final Audit Report 2021-06-22 Created: 2021-06-18 By: Antonette English (aenglish@miamigov.com) Status: Signed Transaction ID: CBJCHBCAABAAh-NGuYOPF8rLBwYobWz3rB-kFOTQwyOw "1 Encouraging Dreamers Breaking Barriers Grant Agreement 2 021" History e Document created by Antonette English (aenglish@miamigov.com) 2021-06-18 - 8:05:07 PM GMT- IP address: 71.196.76.8 a Document emailed to Ijamyn gray (ijamyngray62@gmail.com) for signature 2021-06-18 - 8:09:35 PM GMT e Email viewed by Ijamyn gray (ijamyngray62@gmail.com) 2021-06-18 - 8:15:36 PM GMT- IP address: 66.102.8.31 Document e-signed by Ijamyn gray (ijamyngray62@gmail.com) Signature Date: 2021-06-18 - 8:53:02 PM GMT - Time Source: server- IP address: 172.58.129.24 a Document emailed to Talmadge W. 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