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HomeMy WebLinkAbout25390AGREEMENT INFORMATION AGREEMENT NUMBER 25390 NAME/TYPE OF AGREEMENT SEOPW CRA & MT. ZION DEVELOPMENTS, INC. DESCRIPTION GRANT AGREEMENT/EXTERIOR PAINTING & AWNING REPLACEMENT AT THE CARVER APARTMENTS & SHOPPES/FILE ID: 16081/CRA-R-24-0035 EFFECTIVE DATE December 19, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/13/2024 DATE RECEIVED FROM ISSUING DEPT. 1/13/205 NOTE 53c10 GRANT AGREEMENT This GRANT AGREEMENT ("Agreement") is made as of this (PI day of December 2024 ("Effective Date") by and between SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA"), and MT. ZION DEVELOPMENTS, INC., a Florida not -for -profit corporation ("Grantee") (collectively, the "Parties"). RECITALS WHEREAS, the SEOPW CRA is a community redevelopment agency created pursuant to the Community Redevelopment Act of 1969, currently codified in, Part III, Chapter 163, Florida Statutes (the "Act"), and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, as amended and restated (the "Plan"); and WHEREAS, pursuant to Florida Statutes, Section 163.340(9) of the Act, "community redevelopment means projects of a "... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and WHEREAS, Section 2, Principle 10 of the Plan states that a "vibrant and engaging public realm serves as the neighborhood's canvas and lifeblood" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 14 of the Plan provides that the "SEOPW CRA needs to do whatever . . . to bring back [the community's] vitality" as a stated redevelopment principle; and WHEREAS, Grantee, a Florida not -for -profit corporation, owns Carver Apartments and Shoppes, a 3- story mixed -use building located at 801 N.W. 3rd Avenue, Miami, Florida, 33136 and is in need of exterior painting and an awning replacement ("Project"); and WHEREAS, Grantee requested a grant from the SEOPW CRA in order to undertake the finalization of the Project ("Purpose"); and WHEREAS, on May 23, 2024, the SEOPW CRA Board of Commissioners passed and adopted Resolution No. CRA-R-24-0035, attached hereto as Exhibit "A," authorizing the issuance of a grant, in an amount not to exceed Fifty -Seven Thousand Forty -Nine Dollars and Zero Cents ($57,049.00) (the "Grant"), to Grantee to underwrite costs associated with the Project; and WHEREAS, the Parties wish to enter into this Agreement to set forth the terms and conditions relating to the use of the Grant. . NOW THEREFORE, in consideration of the mutual promises of the parties contained herein and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the SEOPW CRA and Grantee agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct and are incorporated herein by referenced and made a part hereof. 2. GRANT. Subject to the terms and conditions set forth herein and Grantee's compliance with all of its obligations hereunder, the SEOPW CRA hereby agrees to make available to Grantee the Grant to be used for the purpose and disbursed in the manner hereinafter provided. 1 3. USE OF GRANT. The Grant shall be used to assist with the Project during the Term of this Agreement, in accordance with the Project's approved scope of work and budget ("Project Budget"), attached hereto as Exhibit `B," attached hereto and incorporated herein. Grantee is aware that the SEOPW CRA is not obligated to expend additional funds beyond the approved Grant amount. 4. TERM. a. INITIAL TERM. The term of this Agreement shall commence on the Effective Date written above and shall terminate September 30, 2025, or when the Grant of Fifty -Seven Thousand Forty -Nine Dollars and Zero Cents ($57,049.00) are expended, whichever occurs first. However, the following rights of the SEOPW CRA shall survive the expiration or early termination of this Agreement: to audit or inspect; to require reversion of assets; to enforce representations, warranties, and certifications; to exercise entitlement to remedies, limitation of liability, indemnification, and recovery of fees and costs. 5. DISBURSEMENT OF GRANT. a. GENERALLY. Subject to the terms and conditions contained in this Agreement, the SEOPW CRA shall make available to Grantee an amount not to exceed Fifty -Seven Thousand Forty -Nine Dollars and Zero Cents ($57,049.00). In no event shall payments to Grantee under this Agreement exceed Fifty -Seven Thousand Forty -Nine Dollars and Zero Cents ($57,049.00). 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 Project Budget, as reflected in Exhibit "B." b. DEPOSIT OF GRANT FUNDS INTO SEPARATE CHECKING ACCOUNT. A separate checking account must be created for the sole purpose of depositing SEOPW CRA Grant funds, prior to the disbursement of any Grant funds. Said account shall not be used to deposit funds from other funding sources or to make payments other than to transfer funds to the Grantee's general operating checking account. c. REQUESTS FOR DISBURSEMENT OF FUNDS. All requests for the disbursement of Grant funds by Grantee shall be submitted in writing to the SEOPW CRA by Grantee's authorized representative prior to the termination of this Agreement. All such requests must be accompanied by supporting documents reflecting the use of funds and/or expenditures incurred, and that the request is being made in accordance with the approved Project Budget, as reflected in Exhibit `B," for expenditures incurred during the Term of this Agreement. For purposes of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other materials evidencing the expense incurred. Grantee agrees that all invoices or receipts reflecting the expenses incurred in connection to the Project shall be in Grantee's name, and not in the name of the SEOPW CRA in light of Grantee's inability to bind the SEOPW CRA to any legal and/or monetary obligation whatsoever. The SEOPW CRA reserves the right to request additional supporting documentation for any expenditures, and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the approved Project Budget. Grantee's failure to provide additional supporting documentation or explanation regarding expenses incurred, when requested by the SEOPW CRA, shall serve as grounds for immediate termination of this Agreement, and Grantee solely shall bear all costs associated with any expenditures not approved by the SEOPW CRA. d. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the SEOPW CRA all requests for the expenditure of Grant funds for pre -approval by the SEOPW CRA. Failure to submit said requests prior to incurring expenses may result in the Grantee bearing the costs incurred. The SEOPW CRA shall review said requests to ensure that the expense sought to be incurred by the Grantee is an expense within the approved Project Budget, attached hereto as Exhibit `B," and the SEOPW CRA reserves the right to deny any and all requests it deems to be outside of the approved Project Budget. 2 e. APPROVAL OF BUDGET MODIFICATIONS. Grantee agrees to submit any and all budget modifications, in writing, including line -item expenditures and descriptions, which exceed the budgeted amount, to the Executive Director for approval. f. CASH AND MOBILE PAYMENT TRANSACTIONS PROHIBITED. The Parties agree that no payment will be made to Grantee as a reimbursement for any Project -specific expenditure paid in cash or via mobile payment application(s), including, but not limited to, Cash App, Zelle, PayPal, and Venmo. Grantee acknowledges that cash and mobile payment transactions are insufficient per se to comply with record -keeping requirements under this Agreement. g. NO ADVANCE PAYMENTS. The SEOPW CRA shall not make advance payments to Grantee or Grantee's vendors for services not performed or for goods, materials, or equipment which have not been delivered to Grantee for use in connection with the Project. 6. COMPLIANCE WITH POLICIES AND PROCEDURES. Grantee understands that the use of the Grant is subject to specific reporting, record keeping, administrative, and contracting guidelines and other requirements affecting the SEOPW CRA activities in issuing the funds. SEOPW CRA agrees to provide notice of said guidelines and other requirements to the Grantee in advance of requiring compliance with same. Without limiting the generality of the foregoing, the Grantee represents and warrants that it will comply, and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules, and regulations. 7. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement, the SEOPW CRA shall have the right to take one or more of the following actions: a. Withhold cash payments, pending correction of the deficiency by Grantee; b. Recover payments made to Grantee; c. Disallow (that is, deny the use of the grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; or e. Take such other remedies that may be legally permitted. 8. RECORDS AND REPORTS/AUDITS AND EVALUATION. a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of the SEOPW CRA audit rights in Section 8(c) below, Grantee acknowledges and accepts the SEOPW CRA right to access Grantee's records, legal representatives' and contractors' records, and the obligation of Grantee to retain and to make those records available upon request, and in accordance with all applicable laws. Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, Grantee's contractors and subcontractors must make available, upon the SEOPW CRA request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Grantee, its contractors and subcontractors shall retain records related to this Agreement or the Project for a period of five (5) years after the expiration, early termination or cancellation of this Agreement. b. REPORTS. Grantee shall deliver to the SEOPW CRA reports relating to the use of Grant as requested by the SEOPW CRA, from time to time and as detailed herein. Failure to provide said reports shall result in 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. 3 c. AUDIT RIGHTS. SEOPW CRA shall have the right to conduct audits of Grantee's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. Grantee agrees to cooperate with the SEOPW CRA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time. d. FAILURE TO COMPLY. Grantee's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the SEOPW CRA of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the SEOPW CRA. 9. UNUSED FUNDS. Upon the expiration of the Term of this Agreement, Grantee shall transfer to the SEOPW CRA any unused funds on hand at the time of such expiration, as defined in Section 4 of this Agreement. 10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. Grantee represents, warrants, and certifies the following: a. INVOICES. Invoices for all expenditures paid for by Grantee shall be submitted to the SEOPW CRA for review and approval in accordance with the terms set forth in this Agreement. Grantee, through its authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in accordance with the approved Project Budget set forth in Exhibit "B." b. EXPENDITURES. Grant funds disbursed under this Agreement shall be used solely for the Project in accordance with the approved Project Budget set forth in Exhibit "B." All expenditures of funds shall be made in accordance with the provisions of this Agreement. c. SEPARATE ACCOUNTS. This Grant shall not be co -mingled with any other funds, and separate accounts and accounting records shall be maintained. d. POLITICAL ACTIVITIES. No expenditure of this Grant shall be used for political activities. e. LIABILITY GENERALLY. Grantee shall be liable to the SEOPW CRA for the amount of the Grant expended in any 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/their race, sex, color, religion, national origin, age, disability, or any other member of a protected class be excluded from the participation 4 in, be denied benefits of, or be subjected to discrimination under any Project 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 Project activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, or change in regulations. The SEOPW CRA shall not be liable to Grantee for amendment or termination of this Agreement pursuant to this Section. 14. MARKETING. a. PUBLICATION. In the event Grantee wishes to engage in any marketing efforts, Grantee shall, if approved by the SEOPW CRA in accordance with Section 14(b) below, produce, publish, advertise, disclose, or exhibit the SEOPW CRA name and/or logo, in acknowledgement of the SEOPW CRA contribution to the Project, in all forms of media and communications created by Grantee for the purpose of publication, promotion, illustration, advertising, trade, or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements, or interviews. b. APPROVAL. The SEOPW CRA shall have the right to approve the form and placement of all acknowledgements described in Section 14(a) above, which approval shall not be unreasonably withheld. c. LIMITED USE. Grantee further agrees that the SEOPW CRA name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in Grantee's use of the SEOPW CRA name and logo, confers or may be construed as conferring upon Grantee any right, title, or interest whatsoever in the SEOPW CRA name and logo beyond the right granted in this Agreement. d. SEOPW CRA CONS IRUCTION SIGN. The Grantee shall display, and cause to be displayed, at the Property, in a prominent, most visible area to the public, a sign displaying the SEOPW CRA logo, and the SEOPW CRA's monetary contribution to the Project ("Construction Signage"). The Grantee shall display, and cause to be displayed, the Construction Signage until the Project is complete. The Construction Signage shall be paid for by the Grantee and the Construction Signage specifications will be provided by the SEOPW CRA. The SEOPW CRA shall approve the location of the Construction Signage prior to its installation. 15. DEFAULT. If Grantee fails to comply with any term or condition of this Agreement, or fails to perform any of Grantee's obligations hereunder, and Grantee does not cure such failure within thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred, then Grantee shall be in default. Upon the occurrence of such default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to Grantee, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA directly to Grantee and utilized by Grantee in violation of this Agreement shall be immediately returned to the SEOPW CRA. Grantee understands and agrees that termination of this Agreement under this section shall not release Grantee from any obligation accruing prior to the effective date of termination. 5 16. NO LIABILITY. In consideration for the issuance of Grant funds under this Agreement, Grantee hereby waives, releases, and discharges the SEOPW CRA, the City, 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 SEOPW CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 17. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the SEOPW CRA, Grantee may only seek specific performance of this Agreement and any recovery shall be limited to the funding authorized for the services provided herein. In no event shall the SEOPW CRA be liable to the Grantee for any additional compensation, other than that provided herein, and/or required in the approved Project Budget attached hereto as Exhibit "B." 18. INDEMNIFICATION OF THE SEOPW CRA. Grantee agrees to indemnify, defend, protect and hold harmless the SEOPW 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 Project, including risk of loss of artwork on display, or otherwise stored within public premises for the duration of this Agreement or the Project, whether directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of the Grantee or its employees, agents or subcontractors (collectively referred to as "Grantee"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of the SEOPW CRA, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the SEOPW CRA; or (ii) the failures of the Grantee to comply with any of the paragraph's provisions herein; or (iii) the failure of the Grantee, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and against all liabilities which may be asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Project, as provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant would otherwise be limited to payments under state Worker's Compensation or similar laws. 19. INSURANCE. Grantee shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "C", attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA, or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of the Project under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Grantee shall at any time upon request by SEOPW CRA file duplicate copies of the policies of such insurance with the SEOPW CRA. If, in the reasonable judgment of SEOPW CRA, prevailing conditions warrant the provision by Grantee of additional liability insurance coverage or coverage which is different -in kind SEOPW 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 6 requirements shall take effect. Should Grantee fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following SEOPW 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, SEOPW CRA shall pay Grantee expenses incurred for the Project, 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 SEOPW CRA and Grantee as to the terms and conditions of this Agreement, the parties 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 parties agree to resolve any disputes between them arising from the alleged violation of the terms of this Agreement, in accordance with Section 18-105, of the Code of the City of Miami, as amended ("City Code"). 21. INTERPRETATION. a. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe, or amplify the terms and provisions of this Agreement or the scope or intent thereof. b. ENTIRE AGREEMENT. This instrument constitutes the sole and only agreement of the parties hereto relating to the grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the SEOPW CRA and Grantee relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. c. CONTRACTUAL INTERPRETATION. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 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 7 modifiable to conform with such laws, that same shall be deemed severable; and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way, inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto. 22. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 23. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents developed by Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and may be used by the SEOPW CRA, without restriction or limitation. Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the SEOPW CRA to Grantee pursuant to this Agreement shall at all times remain the property of the SEOPW CRA and shall not be used by Grantee for any other purpose whatsoever, without the written consent of the SEOPW CRA. 24. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any person employed by the SEOPW CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the SEOPW CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant funds. 25. NON-DELEGABILITY. The obligations of Grantee under this Agreement shall not be delegated or assigned to any other party without the SEOPW CRA prior written consent which may be withheld by the SEOPW CRA, in its sole discretion. 26. CONSTRUCTION. This Agreement shall be construed and enforced in accordance with Florida law. 27. TERMINATION. The SEOPW CRA reserves the right to terminate this Agreement, at any time for any reason upon giving five (5) days written notice of termination to Grantee. Should the SEOPW CRA terminate this Agreement, the SEOPW CRA will be relieved of all obligations under this Agreement. In no way shall the SEOPW CRA be subjected to any liability or exposure for the termination of this Agreement under this Section. 28. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt or refusal of delivery, whichever is earlier. To SEOPW CRA: James McQueen, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, FL 33136 Email: JMcQueen(2i mianugov.com With copies to: Vincent T. Brown, Esq., Staff Counsel Email: VTbrown@ niamiQov.com 8 To Grantee: Mt. Zion Developments, Inc. c/o Larry D. Capp 301 N.W. 9th Street Miami, Florida 33136 Email: l larrycapp(a;gmail. com 29. INDEPENDENT CONTRACTOR. Grantee, its contractors, subcontractors, employees, agents, and participants in the Project shall be deemed to be independent contractors, and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under the civil service or retirement/pension programs of the SEOPW CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SEOPW CRA. 30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 31. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. The facsimile or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 32. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in, and made a part of this Agreement. [Signature Page Follows] 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 SEOPW CRA and Grantee have executed this Agreement. ATTEST: odd B. H itle: Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 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: Nae: James D. McQueen Title: Executive Director APPROVED AS TO INSURANCE REQUIREMENTS: By: Name: Vincent T. Brown, Esq. Name: Arm -Marie Sharpe Title: Director of Risk Management Title: Staff Counsel WITNESSES: By: Print: By: Print: flnlvf -c(IS�, MT. ZION DEVELOPMENTS, INC., a Florida not -for -profit corporation ("Grantee"): By: Name: Larry D. Capp Title: President/Chief Executive Officer 10 2 IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and Grantee have executed this Agreement. ATTEST: e: Todd B. Ha 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 Bv: Nw fe: James D. McQueen Title: Clerk of the Board Title: Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY By. By APPROVED AS TO INSURANCE REQUIREMENTS: p—DocuSigned by: FV'Aa t �Ow►t,�j �o i Sharpe Name: Vincent T. Brown, Esq. Name: �snn-lanie Sharpe Title: Staff Counsel Title: Director of Risk Management WITNESSES: By: Print: By: ornithiS . Print: Mf%3hcil-- MT. ZION DEVELOPMENTS, INC., a Florida not -for -profit corporation ("Grantee"): By: Name: Larry D. Capp d/ Title: President/Chief Executive Officer 10 Exhibit "A" Resolution No. CRA-R-24-0035 11 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-24-0035 File Number: 16081 Final Action Date:5/23/2024 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18- 85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE SEOPW CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE SEOPW CRA; 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, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM THE SEOPW CRA TAX INCREMENT FUND, "OTHER GRANTS AND AID" ACCOUNT NO. 10050.920101.883000.0000.00000 IN AN AMOUNT TO NOT EXCEED FIFTY- SEVEN THOUSAND FORTY-NINE DOLLARS AND NO CENTS ($57,049.00) ("FUNDS"), TO SUPPORT MT. ZION DEVELOPMENTS, INC., A FLORIDA NOT - FOR -PROFIT CORPORATION ("MZD"), FOR EXTERIOR PAINTING AND AWNING REPLACEMENT AT THE CARVER APARTMENTS AND SHOPPES, LOCATED AT 801 N.W. 3RD AVENUE, MIAMI, FLORIDA 33136 ("PURPOSE"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE GENERAL COUNSEL, WITH MZD FOR THE PURPOSE STATED HEREIN; AND PROVIDING FOR THE INCORPORATION OF RECITALS, AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update (the "Plan"); and WHEREAS, Section 2, Goal 6, of the Plan lists "Improve the Quality of Life for Residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 10, of the Plan lists "Attractive Streets & Buildings [to] Foster Strong Identity" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 14, of the Plan lists "Restore Distinctive Community Identity" as a stated redevelopment principle; and City of Miami Page 1 of 3 File ID: 16081 (Revision:) Printed On: 6/11/2024 File ID: 16081 Enactment Number: CRA-R-24-0035 WHEREAS, Mt. Zion Development, Inc., a Florida not -for -profit organization ("MZD"), owns Carver Apartments and Shoppes, a 3-story mixed -use building located at 801 N.W. 3rd Avenue, Miami, Florida 33136 (the "Property"); and WHEREAS, MZD has requested Funds from the SEOPW CRA for exterior painting and awning replacement at the Property ("Purpose"); and WHEREAS, the Board of Commissioners wishes to authorize funding in an amount not to exceed Fifty -Seven Thousand, Forty -Nine Dollars and No Cents ($57,049.00) ("Funds") to MZD for the Purpose stated herein, subject to the availability of funds; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives; and WHEREAS, based on the recommendation and findings of the Executive Director, it is in the SEOPW CRA's best interest of the Board of Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in forms acceptable to the General Counsel, with MZD for the provision of grant Funds for the Purpose stated herein, subject to the availability of funds; 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. By a four -fifths (4/5`11) affirniative vote, after an advertised public hearing, the Executive Director's recommendation and written findings that competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA, pursuant to Section 18-85 and 18-86 of the City Code, as adopted by the SEOPW CRA, and waiving the requirements for said procedures is ratified, approved, and confirmed. Section 3. The Executive Director is hereby authorized to disburse funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from the SEOPW CRA Tax Increment Fund, "Other Grants and Aids" Account No. 10050.920101.883000.0000.00000 to MZD or its vendors for the Purpose to the Property. Section 4. The Executive Director is authorized to negotiate and execute an agreement, including any and all other necessary documents, all in forms acceptable to the General Counsel, for said Purpose. Section 5. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need of public hearing, by filing a corrected copy of same with the City of Miami City Clerk. Section 6. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 16081 (Revision:) Printed on: 6/11/2024 File ID: 16081 Enactment Number: CRA-R-24-0035 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: cep Br Siaf Counsel 5/16/2024 City of Miami Page 3 of 3 File ID: 16081 (Revision:) Printed on: 6/11/2024 Exhibit "B" Project Budget 12 Mt Zion Developments INCORPOR A TED Mr. James McQueen January 26, 2024 Executive Director SEOPW CRA 819 NW 2 Avenue Miami, FL. 33136 Greetings Mr. McQueen: I am writing to confirm that we have agreed to allow the Miami MoCAAD group, headed by Ms. Marilyn Holyfield, to paint a mural on the south side of our Carver Building located at 801 NW 3 avenue. An area that is approximately 9 feet by 19 feet will be used for the artwork. The mural will be covered by an awning to protect it from the elements, and it will have lights shining on it for night visibility. MoCAAD is under a deadline to finish this mural by June 30th due to their grant requirements. Our building needs some updating in order to properly reflect our status as the "gateway" in to Overtown. In return for providing the space for this mural, we are requesting that the CRA provide the funding needed for us to paint our building's exterior and replace the existing awnings. Due to MoCAAD's timeline, we are requesting that you expedite our request for funding. I have attached the estimates for the painting contract and the replacement of the awnings. We are hopeful that this item can be placed on the CRA's February agenda. Please let me know if any futher information is needed. Sincerely, Larry D. Capp, Chairman Mt. Zion Developments, Inc. AWNINGS UNIVERSAL, INC 3731 NW 80 Street Miami, FL 33147 305-757-50R0 aunive salawningcip)yahoo.aam Estimate MTZ CARVER 801 NW 3rd Avenue Miami, FL TEL: (954) 701-9820 E MA I L:tavanrsmorelandOl icloud. com Awning Replacement Bid #1 10472 12/7/2023 DESCRIPTION ()TV RATE AMOUNT PROVIDE AND INSTALL RECOVERS FOR EXISTING WATERFALL STYLE AWNINGS 1 @ 31'-0" X 3'-6"X 2'-0" (Retail 1) 1 2,600.00 2,600.00T 1 @ 26'-0"X3'-6"X2'-0"(Retail 2) 1 2,400.00 2,400.00T 1 @ 47'-0"X 3'-6" X 2'-0"(Retail 3) 1 3,300.00 3,300.00T 1 @ 26'-0"X 3'-6" X 2'-0" (Retail 4) 1 2,400.00 2,400.00T MATERIAL TO BE USED: WEBLON COASTLINE PLUS -Awning fabric with a high performance PVC composite. It features a strong polyester base fabric, with manageable 15 oz. weight for excellent dimensional stability. The top surface is treated with the Rain Kleen® finish for color retention and prolonged fabric life with 5 year manufacturer warranty. Coastline Plus is UV, water and mildew resistant. It is also heat -sealable fora strong, waterproof and airtight seal, and it accepts a variety of graphics including pressure sensitive graphics.Vinyl laminated on a weft insertion scrim base of high tenacity filament polyester. Flexibility excellent in both hot and cold environments, Meets California State Fire Marshall Title 19, NFPA-701 ASTM E84-81AFlame Spread Rating Class A (15). PROCESS: All awning body will be electronically heat sealed and/or stitched. Thread to be used will be Anti -wick V 138 Dabon, 16 ounces. Awning Valance to be determined with binding. LACE ROPE: Polyester diamond braided No. 4; UV -light, mildew and rot resistant. GROMMETS: Nickle plated brass #8 spur grommets, 6 inches O.C. spacing. TERMS: -THE SIGNATURE OF THE PURCHASER AND RETURNING TO AWNINGS UNIVERSAL, INC WITH APPROPRIATE 50 % DEPOSIT CONSTITUTES ACCEPTANCE AND CONVERGENCE OF THIS ESTIMATE INTOACONTRACT. -AWNINGS UNIVERSAL, INC AGREES TO HAVE PRODUCT DESCRIBED HEREIN READY FOR DELIVERY AND INSTALLATION 2-3 WEEKS FROM DATE OF APPROVAL. •-:t 10,700.00 749.00 $11,449.00 Awning Replacement Bid #2 Invoice # 1234-58 9714 nw 43rd street Sunrise, FL 3335'1 Invoice for Payable to 801 N1\' ; rcl AVenue Jason Richman Miami, FL 33136 Project Due date Tavarus from MT% CARVFR Awning repair. Tat aru.moreland@icloud.co m Description Qty Unit price Total price Quote for 4 awning to be replaced - blue color. $12,200.00 Notes:the price is approximately. Once I get the okay I will get the final price. $12,200.00 $0 00 $0.00 $0.00 Subtotal $12,20O.O0 Adjustments $12,200.00 PAINTING & WATERPROOFING, INC January 29, 2024 Tavarus Moreland- Tavarusmoreland@icloud.com MTZ Carver LLC 801 NW 3rd Avenue, Miami 33136 Tavarus, Building Painting Bid #1 1779 N. UNIVERSITY DRIVE SUITE #201 PEMRBOKE PINES, FL 33024 OFFICE: (305) 705-2791 www.jmjpaintinq.co Enclosed please find our proposal for the complete preparation and painting of the 3 story Building project. which is at 801 NW 3rd Avenue Miami FL 33136. Our proposal requires JMJ Painting, Inc. to use "top of the line" products only! The specifications also include the proper methods of application, which will ensure a quality -finished product that will provide the longevity and performance desired. Of course, each of the above manufacturers will offer their respective Ten (10) year, non -prorated, labor and material warranties for the work described herein. You should realize that the lowest price is not always indicative of the best quality materials, or workmanship. Therefore, please do not analyze the proposals by price, but instead determine which contractor offers the most comprehensive specifications that best meets the needs of the property. Therefore, we would appreciate the opportunity of presenting our proposal to you prior to the award of the project. We firmly believe that our presentation will clearly demonstrate why JMJ Painting, Inc. should be your contractor for this project. Please accept my thanks, in advance, for your consideration in this matter. Respectfully submitted, Juan Ramirez VP. Scope of Work: 1. Bleach wash all mildew areas. 2. Completely pressure clean all exterior masonry surfaces. 3. Seal all exposed exterior stucco surfaces. 4. Patch all cracks as specified within. 5. Caulk all window frames metal to stucco as needed. 6. Prep and sanding all mechanical and utility doors and frames. 7. Paint all exterior masonry shear walls. 8. Paint concrete Floors at Breezeways 9. Stucco repair Included up to 50 SF EXCLUSIONS: 1. All window frames. 2. All Tight fixtures. 3. All Hand railings 4. Decorative Balcony railings 5. All Pavers floors. 6. All metal roof and decorative o awnings 7. All property metal fence gates. 8. All interior garage surfaces. 9. Any type of Waterproofing (Pedestrian and Vehicular) 10. Any area not specifically specified. 11. All previously unpainted surfaces other than specified. Part 2 Products 2.01 MATERIALS A. Bids are to be based solely on coatings manufactured by Benjamin Moore & Company, except as otherwise noted or specified. B. Colors are to be those as approved by the Owner(s). A duplicate color chip schedule will be supplied to the Painting Contractor. C. All paint and coatings must be delivered to the job site in the manufacturers original sealed containers. D. The Owner reserves the right to take a representative sample of any materials the Painting Contractor brings on the job and have it tested by an approved laboratory to verify the materials conform to the specification set forth herein. E. Due to different conditions of surfaces, being painted the Painting Contractor must assume responsibility for coverage of paint. PART 3 EXECUTION 3.01 ACCESS A. The Owner agrees to and shall be responsible for the trimming and/or removal of all foliage clinging to or otherwise obstructing the building and permit adequate access to the areas to be painted. B. The Owner agrees to notify all occupants of the property to remove any personal items, and vehicles as necessary to permit the Painting Contractor to proceed without delay. C. The Painting Contractor must be allowed easy access to all locked areas that have been included to be painted. 3.02 REMOVAL A. Upon completion of an area, it shall be left in a clean and orderly condition and all paint splatters contaminated rags and trash shall be removed. B. The Paint contractor shall be responsible for the proper disposal of any hazardous waste generated during the course of work. C. Upon completion of the job, the Painting Contractor must remove all surplus materials, scaffolds etc., from the premises that relate to their trade. The Painting Contractor shall clean all window glass free of excess paint, splatters, and remove paint that has been misplaced on any other surfaces. 3.04 PREPARATION OF THE SURFACES A. The Painting Contractor shall be wholly responsible for the quality of their work and is not to commence any part of it until all surfaces are in proper condition. B. All surfaces are to be clean of mildew, chalk, peeling paint and other residues. If, for any reason, the surface cannot be cleaned this condition must be promptly reported to the Owner or the Painting Contractor will assume responsibility for the condition. C. If the Painting Contractor considers any surface unsuitable for proper finishing, they are to notify the Owners of this fact in writing. The Painting Contractor is not to apply material until corrective measures have been taken or the Owners have instructed them to proceed under the current conditions. D. Occasionally, the Painting Contractor's cleaning technique develops or reveals an unforeseen condition that requires additional labor and materials. The Painting Contractor must either negotiate their contract or assume the responsibility for properly correcting the condition. E. The prime coat shall be applied soon after surface preparation has been completed, to prevent contamination of the substrate • Crack Patching 1. Cracks shall be patched with an elastomeric patching compound using the texture that matches the surface being patched 2. Hairline cracks (i.e. less than 1/64-inch at its widest point) shall be patched using "brush grade" patch worked into the crack and a slight build- up that is feathered in to match the surrounding texture 3. Cracks between 1/64-inch and 1/8-inch shall be raked -out (e.g. gouged with a putty knife or scraper to open the top of the crack and wire brushed to remove loose materials. Fill the crack with "knife grade" patch that is built-up over the crack, sufficiently feathered, and textured to match the surrounding stucco texture. Two applications may be required 4. Cracks larger than 1/8-inch shall be saw cut to a uniform depth (e.g. 1/4- %z -inch, wire brushed and vacuumed, install bond -breaking tape or closed cell backer rod, install one part polyurethane sealant 3.05 COATINGS SCHEDULE EXTERIOR STUCCO — ACCENT COLORS SHEER WALLS & SURFACES Areas to be painted: All exterior masonry accent colors sheer walls and accent surfaces. Primer —Benjamin Moore's ULTRA SPEC MASONRY SEALER 608 series according to manufacturer's label directions Intermediate coat - Benjamin Moore's Regal select Waterborne Low luster Finish Coat —Benjamin Moore's Regal WATERBORNE EXTERIOR LOW LUSTER 634 series according to manufacturer's label directions UTILITY & MECHANICAL DOORS AND FRAMES Areas to be painted: All utility and mechanical doors and frames. Primer —Benjamin Moore's COROTECH ACRYLIC METAL PRIMER V110 series according to manufacturer's label directions Finish Coat -Benjamin Moore's COROTECH COMMAND WATERBORNE URETHANE SATIN V392 series according to manufacturer's label directions CAULK & PATCHING MATERIALS 1) Caulk - Benjamin Moore's Moorlastic 40 YearSiliconized Caulk 467series 2) Sealant - Benjamin Moore's Moorlastic Lifetime Urethane Acrylic Sealant 465 series 3) Patching - Benjamin Moore's Moorlastic Elastomeric Patching Compounds WARRANTY 1. JMJ Painting Inc. Will submit manufacturing Limited 10 Year Material Warranty upon completion of the Job. TIME TO COMPLETE: We propose to be substantially complete within 35 days and will achieve completion within 40Days in the event that the contractor's work is substantially delayed through no fault or responsibility of the contractor then the time for completion shall be expended by change order. Base Contract Price = $ 41,400.00 (Labor, Materials and Equipment) OH/Profit 10% = $ 4,200.00 TOTAL = $ 45,600.00 QUALIFICATIONS & CLARIFICATIONS: If the City, or the County, of jurisdiction requires this Contractor to purchase permits for the work detailed herein the cost for the same shall be passed on to the Owner at cost. Our proposal includes one (1) mobilization and demobilization. Our price is based upon being to spray the prime and first finish coat on running trim prior to installation. The final finish coat will be brushed/rolled. • Labor hours for the general contractor's composite cleaning crew assumed to be weekly. • Proposal is based upon men working on a straight time basis. No provision has been made for overtime, nights, weekends or holidays. All work is to be performed during daylight working hours, between 7:00 AM and 5:00 PM, Monday through Friday. • Proposal does not include any permit, engineering fees or "payment & performance bond". • Proposal is based upon reasonable access to the site and a secure storage area. • Because JMJ Painting, Inc. is unable to control the critical path schedule, it declines acceptance of any provision for liquidated damages. • Port-o-lets and dumpsters are not included in the pricing for this proposal. • We have based our proposal pricing on having an adequate source of potable water and electrical power (110V and 220V) at the work site. • The Contractor shall secure and store equipment, materials, and tools before the end of each day. • This proposal quotation shall be valid for sixty (60) days from the date of issuance. Respectfully submitted, Juan Ramirez, VP Exterior Painting Bid #2 Curtis Painting and Waterproofing, Co. Phone: (786) 339-8089 19115 NW 11 AVE, MIAMI, FL 33169 January 25, 2024 To: Mt. Zion Developments, Inc. 301 NW 9th St Miami F133136 BASE PROPOSAL PROPOSAL Project: Miami-l)atlr Count SBL CONS, MMI)CPS toWB1: The Carver Apartments & Shoppes 801 NW 3rd Ave Miami, FL 33136 SCOPE OF WORK The base proposal reflects furnishing labor and material to complete the painting work following professional standards as set forth by the PDCA (Painting and Decorating Contractors of America) and thc AIA (American Institute of Architects) for this project as follows: This proposal outlines the scope of work for the exterior painting project, which encompasses the following key elements: I. Area of Focus: • The project will include painting the exterior of the building, includes targeting the upper floors and the supporting poles. • Railings, which appear to be factory -finished, will not require painting. Instead, they will undergo a thorough cleaning process to maintain their existing finish 2. Exclusions and Recommendations: • It is important to notc that metal repair work on thc stcps leading to the second floor is not included in this scope. We highly recommend that the client arranges for necessary repairs to these steps prior to the commencement of the painting work, ensuring optimal results and longevity of the paint job. 3. Painting Process: • The painting process will commence with pressure cleaning of the designated areas to ensure a clean surface for painting. • This will be followed by the application of one coat of primer, ensuring better paint adhesion and longevity. • Subsequently. two coats of finish paint will be applied to achieve a durable and aesthetically pleasing exterior. 4. Paint Products and Warranty: • We will be using high -quality paint products from Sherwin Williams. • The job includes the standard factory warranty offered by Sherwin Williams for the paint products used, ensuring quality and customer satisfaction. 5. Permitting and Compliance: • Please note that this proposal does not include obtaining permits for the maintenance of traffic during the project. The client is responsible for any permitting requirements associated with the project. TOTAL COST: S65,000.00 ACCEPTANCE: The signature on this proposal reflects acceptance of the proposal as per the attached scope of work, authorizes commencement of the work, and hereby guarantees payment. Print name and title Print name and title Signature and date Signature and date Page 1 of 1 Exhibit "C" Insurance Requirements 13 MT. ZION DEVELOPMENTS, INC. INSURANCE REQUIREMENTS 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 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as an Additional Insured SEOPW CRA listed as an additional insured Contingent and Contractual Liability City of Miami Attn: Risk Management 444 S.W. 2nd Avenue Miami, Florida 33130 Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured SEOPW CRA listed as an additional insured Letter is acceptable if no auto exposure is anticipated with this agreement III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit Letter acceptable in lieu of the coverage, if less than (4) employees The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or 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. lasbcc'