HomeMy WebLinkAbout23576AGREEMENT INFORMATION
AGREEMENT NUMBER
23576
NAME/TYPE OF AGREEMENT
SEOPW CRA & THE HISTORIC SAINT AGNES' EPISCOPAL
CHURCH OF MIAMI, INC.
DESCRIPTION
GRANT AGREEMENT/FOR REPAIRS & IMPROVEMENTS/FILE
ID: 8194/CRA-R-20-0021
EFFECTIVE DATE
August 4, 2021
ATTESTED BY
NICOLE EWAN
ATTESTED DATE
8/3/2021
DATE RECEIVED FROM ISSUING
DEPT.
8/23/2021
NOTE
GRANT AGREEMENT
i s-r
This GRANT AGREEMENT ("Agreement") is made as of this 4.Widay of2021 ("Effective Date")
by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes
("CRA"), and THE HISTORIC SAINT AGNES' EPISCOPAL CHURCH OF MIAMI, INC., a Florida non-profit
corporation ("Grantee").
RECITALS
A. WHEREAS, the CRA is responsible for carrying out community redevelopment activities and
projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Community
Redevelopment Plan, as amended and restated (the "Plan"); and
B. WHEREAS, Florida Statutes, Section 163.335(6) of the Community Redevelopment Act found
and declared that there exists "... a severe shortage of housing affordable to residents of low or moderate income,
including the elderly... [and] such condition[s] affect the health, safety and welfare of the residents ... and retards
their growth and economic and social development ...."; and _
C. WHEREAS, Section 2, Goal 1, at page 11 of the Plan lists the "preserv[ation of] historic buildings
and community heritage" as a stated redevelopment goal; and
D. WHEREAS, Section 2, Principal 8, at page 15 of the Plan states that "[o]lder buildings that embody
the area's cultural past must be restored;" and
E. WHEREAS, on August 24, 2007, the City of Miami, acting as General Counsel to the CRA, issued
Formal Legal Opinion No. 07-014, opining that the CRA may use TIF funds to repair or renovate churches within
the redevelopment area for the purpose of improving the community as a whole; and
F. St. Agnes Episcopal Church ("St. Agnes"), located at 1750 NW 3rd Avenue, Miami,
Florida 33136 (the "Property") was built between 1923 and 1930; and
G. WHEREAS, the Property is in need of repairs and renovations to bring it into minimum code
compliance in order to receive its 40-year recertification. St. Agnes has requested assistance from the CRA to
complete the necessary repairs and improvements, including a roof replacement, construction of a new restroom,
and other general repairs, (the "Project"); and
H. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-20-0021, attached hereto as
Exhibit "A", authorized the issuance of a grant, in an amount not to exceed Four Hundred Thousand Dollars and
Zero Cents ($400,000.00), to the Grantee to underwrite costs associated with the Project; 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.
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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 the Grantee the Grant to be used for the
purpose and disbursed in the manner hereinafter provided.
3. USE OF GRANT. The Grant shall be used to underwrite construction costs associated with the
Project more particularly described in the Scope of Work for the Project and the Project Budget attached hereto as
Exhibit "B" and Exhibit "C" respectively (collectively, the "Scope of Work and Project Budget"), and
incorporated herein, which have been approved by the CRA and the Grantee.
4. TERM. The term of this Agreement shall commence on the Effective Date written above and shall
terminate upon the earlier of two (2) years, full disbursement of Four Hundred Thousand Dollars and Zero Cents
($400,000.00), or earlier as provided for herein; provided, however, that the following rights of the CRA shall
survive the expiration or early termination of this Agreement: to audit or inspect; to 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 Four Hundred Thousand Dollars and Zero Cents ($400,000.00). In no event
shall payments to Grantee, under this Agreement, exceed Four Hundred Thousand Dollars and Zero Cents
($400,000.00). Payments shall be made to Grantee on a reimbursement basis or directly to vendors on behalf of
Grantee, only after the CRA has received and approved requests for disbursement in accordance with the CRA and
Grantee approved Scope of Work and Project Budget.
b. PRE -APPROVAL OF EXPENSES. Grantee agrees to submit to the CRA all requests for
the expenditure of Grant funds for pre -approval by the CRA. Failure to submit said requests prior to incurring
expenses may result in the Grantee bearing the costs incurred. The CRA shall review said requests to ensure that
the expense sought to be incurred by the Grantee is an expense within the Scope of Work and Project, and the CRA
reserves the right to deny any and all requests it deems to be outside of the Scope of Work and Project Budget.
c. REQUESTS FOR DISBURSEMENT OF GRANT. All requests for the disbursement of
Grant funds by the Grantee shall be certified by the Grantee's authorized representative. All requests for
disbursement of Grant funds must be in writing and must be accompanied by supporting documents reflecting the
use of Grant funds and/or expenditures incurred, and that said request is being made in accordance with the Project
Budget and for expenditures incurred during the Term of this Agreement, as reflected in Exhibit "C". For purposes
of this Agreement, "supporting documentation" may include invoices, receipts, photographs, and any other
materials evidencing the expense incurred. The Grantee agrees that all invoices or receipts reflecting the expenses
incurred in connection to the Project shall be in the name of the Grantee, and not in the name of the CRA in light
of the Grantee's inability to bind the CRA to any legal and/or monetary obligation whatsoever. The CRA retains
the right to request additional supporting documentation, or additional explanation for any and all expenses incurred
by the Grantee. Grantee's failure to provide additional supporting documentation or additional explanation
regarding expenses incurred shall serve as grounds for immediate termination of this Agreement, and the Grantee
shall bear the costs associated with any expenditures not approved by the CRA prior to the date of termination.
Grantee understands and acknowledges that the CRA shall not disburse Grant funds for any expense that has not
been previously approved by the CRA in accordance with Section 5(b) above, and that such expenses shall be
borne solely by the Grantee.
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d. 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.
e. NO ADVANCE PAYMENTS. The CRA shall not make advance payments to the Grantee
or Grantee's vendors for services not performed or for goods, materials, or equipment which have not been
delivered to the Grantee for use in connection with the Project.
f. RETAINAGE. The CRA shall retain ten (10) percent of all invoice amounts and shall
release the same to Grantee or its General Contractor upon Project completion, specifically upon issuance of a
Certificate of Occupancy from the City of Miami's Building Department for such portion of the Project.
6. JOB CREATION DURING CONSTRUCTION.
a. SUBCONTRACTOR PARTICIPATION. Grantee shall cause its general contractor to
hire not less than twenty percent (20%) of the subcontractors for the Project giving first priority to companies
certified as SBE-Construction Services firms by Miami -Dade County pursuant to 10-33.02 of the County Code of
Ordinances ("SBE"), whose principal place of business is in the Redevelopment Area, as more particularly
described in the Plan, second priority to subcontractors whose principal place of business is in the Redevelopment
Area, third priority to SBE firms whose principal place of business is located within the boundaries of the Overtown
community which encompasses part of zip code 33136 ("Overtown Community"), fourth priority to subcontractors
whose principal place of business is located within the boundaries of the Overtown Community, fifth priority to
SBE firms whose principal place of business is located within the City of Miami, and sixth to subcontractors whose
principal place of business is located within the City of Miami.
b. LABORER PARTICIPATION. Grantee agrees to cause its general contractor and all
subcontractors to hire forty percent (40%) of the labor for the construction of the Project from workers residing in
the City of Miami giving first priority to workers residing in the Redevelopment Area, which encompasses part of
zip code 33136 and second priority to workers residing in the Overtown Community.
c. REPORT REQUIREMENTS. Grantee shall be required to submit to the Executive
Director monthly reports detailing evidence of compliance with the subcontractor participation requirement and
the laborer participation requirement ("Participation Report"). The Participation Report shall contain such
information as the Executive Director may reasonably require for the Executive Director to determine whether the
Grantee is in compliance with the subcontractor participation requirement and the laborer participation
requirement.
d. DISPUTES. In the event of any disputes between the Executive Director and Grantee as
to whether any subcontractor has its principal place of business in the City of Miami or whether a laborer resides
in the City of Miami, and whether the Grantee has complied with the priority requirements, the Executive Director
and Grantee shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten
(10) days, either party may submit the dispute to the CRA Board of Commissioners for resolution. The decision of
the CRA Board of Commissioners shall be binding on the parties.
7. 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 CRA's activities in issuing the Grant. CRA agrees to provide notice of said guidelines
and other requirements to Grantee in advance of requiring compliance with same. Without limiting the generality
of the foregoing, Grantee represents and warrants that it will comply and the Grant will be used in accordance with
all applicable federal, state, and local codes, laws, rules, and regulations.
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8. 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.
9. 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, the Grantee acknowledges and accepts
the CRA's right to access the Grantee's records, legal representatives' and contractors' records, and the obligation
of the Grantees to retain and to make those records available upon request, and in accordance with all applicable
laws. The Grantee shall keep and maintain records to show its compliance with this Agreement. In addition, the
Grantee's contractors and subcontractors must make available, upon the CRA's request, any books, documents,
papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit,
examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain records
related to this Agreement or the Project for a period of five (5) years after the expiration, early termination, or
cancellation of this Agreement.
b. REPORTS. The Grantee shall deliver to the CRA reports relating to the use of the Grant
as requested by the CRA, from time to time and as detailed herein. Failure to provide said reports shall result in
Grant funds being withheld until the Grantee has complied with this provision. Thereafter, continued failure by the
Grantee in providing such reports shall be considered a default under this Agreement.
c. AUDIT RIGHTS. The CRA shall have the right to conduct audits of the Grantee's records
pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. The
Grantee agrees to cooperate with the CRA in the performance of these activities. Such audits shall take place at a
mutually agreeable date and time.
d. FAILURE TO COMPLY. The Grantee's failure to comply with these requirements or the
receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete, or inadequate
information shall be grounds for the immediate termination of this Agreement by the CRA.
10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS. The Grantee represents, warrants,
and certifies the following:
a. INVOICES. Invoices for all expenditures paid for by Grant shall be submitted to the CRA
for review and approval in accordance with the terms set forth in this Agreement. The Grantee, through its
authorized representative, shall certify that work reflected in said invoices has, in fact, been performed in
accordance with the Scope of Work and Project Budget set forth in Exhibits `B" and "C".
b. EXPENDITURES. Funds disbursed under the Grant shall be used solely for the Project
in accordance with the Scope of Work and Project Budget set forth in Exhibits `B" and "C". All expenditures of
the Grant will be made in accordance with the provisions of this Agreement.
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c. SEPARATE ACCOUNTS. The Grant shall not be co -mingled with any other funds, and
separate accounts and accounting records will be maintained.
d. POLITICAL ACTIVITIES. No expenditure of Grant funds shall be used for political
activities.
e. LIABILITY GENERALLY. The Grantee shall be liable to the CRA for the amount of the
Grant expended in a manner inconsistent with this Agreement.
f. AUTHORITY. This Agreement has been duly authorized by all necessary actions on the
part of, and has been, or will be, duly executed and delivered by the Grantee, and neither the execution and delivery
hereof, nor compliance with the terms and provisions hereof: (i) requires the approval and consent of any other
party, except such as have been duly obtained or as are specifically noted herein; (ii) contravenes any existing law,
judgment, governmental rule, regulation, or order applicable to or binding on any indenture, mortgage, deed of
trust, bank loan, or credit agreement, applicable ordinances, resolutions, or on the date of this Agreement, any other
agreement or instrument to which the Grantee is a party; or (iii) contravenes or results in any breach of, or default
under any other agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances
upon any property of the Grantee.
11. NON-DISCRIMINATION. The Grantee, for itself and on behalf of its contractors and sub-
contractors, agrees that it shall not discriminate on the basis of race, sex, color, religion, national origin, age,
disability, or any other protected class prescribed by law in connection with its performance under this Agreement.
Furthermore, the Grantee represents that no otherwise qualified individual shall, solely, by reason of his/her race,
sex, color, religion, national origin, age, disability, or any other member of a protected class be excluded from the
participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving
financial assistance pursuant to this Agreement.
12. CONFLICT OF INTEREST. The Grantee is familiar with the following provisions regarding
conflict of interest in the performance of this Agreement by the Grantee. The Grantee covenants, represents, and
warrants that it will comply with all such conflict of interest provisions:
a. Code of the City of Miami, Florida, Chapter 2, Article V.
b. Miami -Dade County Code, Section 2-11.1.
13. CONTINGENCY. Funding for this Agreement is contingent on the availability of funds and
continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or
authorization, reduction of funds, or change in regulations. The CRA shall not be liable to the Grantee for
amendment or termination of this Agreement pursuant to this Section.
14. MARKETING.
a. PUBLICATION. In the event the Grantee wishes to engage in any marketing efforts, the
Grantee shall, if approved by the CRA in accordance with Section 14(b) below, produce, publish, advertise,
disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Project, in
all forms of media and communications created by the Grantee for the purpose of publication, promotion,
illustration, advertising, trade, or any other lawful purpose, including but not limited to stationary, newspapers,
periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet
advertisements, or interviews.
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.
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c. LIMITED USE. The Grantee further agrees that the CRA's name and logo may not be
otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified
in this Agreement. Nothing in this Agreement, or in the Grantee's use of the CRA's name and logo, confers or may
be construed as conferring upon the Grantee any right, title, or interest whatsoever in the CRA's name and logo
beyond the right granted in this Agreement.
d. CRA CONSTRUCTION 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 CRA logo, and the 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 Sign specifications will be provided by the CRA. The CRA shall approve the
location of the Construction Sign prior to its installation.
15. DEFAULT. If the Grantee fails to comply with any term or condition of this Agreement, or fails
to perform any of the Grantee's obligations hereunder, and the Grantee does not cure such failure within thirty (30)
days following receipt of written notice from the CRA that such failure has occurred, then the Grantee shall be in
default. Upon the occurrence of such default hereunder the CRA, in addition to all remedies available to it by law,
may immediately, upon written notice to the Grantee, terminate this Agreement whereupon all payments, advances,
or other compensation paid by the CRA directly to the Grantee and utilized by the Grantee in violation of this
Agreement shall be immediately returned to the CRA. The Grantee understands and agrees that termination of this
Agreement under this section shall not release the Grantee from any obligation accruing prior to the effective date
of termination.
16. NO LIABILITY. In consideration for the Grant, the Grantee hereby waives, releases, and
discharges the 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
the Grantee, its officers, directors, members, employees, agents, 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. INDEMNIFICATION OF THE CRA. The 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 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 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 the
Grantee to comply with any of the paragraphs provisions herein; or (iii) the failure of the Grantee, to conform to
statutes, ordinances, or other regulations, or requirements of any governmental authority, federal, state, county, or
city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement.
Grantee expressly agrees to indemnify and hold harmless the CRA, from and against all liabilities which may be
asserted by an employee or former employee of Grantee, any of subcontractors, or participants in the Program, as
provided above, for which the Grantee's liability to such employee, former employee, subcontractor, or participant
would otherwise be limited to payments under state Worker's Compensation or similar laws. The Indemnification
shall survive the cancellation or expiration of the Agreement.
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18. 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 Project 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 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.
19. PAYMENT AND PERFORMANCE BOND; QUALIFICATION OF SURETY. The Grantee
agrees that it shall require that the Contractor selected to perform the work described in Exhibit "B" to furnish a
Performance/Payment Bond ("Bond") within fifteen (15) calendar days of being notified of award. The Bond shall
contain all the provisions of set forth in the Performance/Payment forms attached hereto as Exhibit "E". Each
Bond shall be in the amount of one hundred percent (100%) of the Agreement value guaranteeing to CRA the
completion and performance of the work covered in the Agreement as well as full payment of all suppliers, laborers,
or subcontractors employed pursuant to this Project.
Each Bond shall continue in effect for one year after final completion and acceptance of the work with liability
equal to one hundred percent (100%) of the contract value, or an additional bond shall be conditioned that
Contractor will, upon notification by CRA, correct any defective or faulty work or materials which appear within
one (1) year after final completion of the Project. The CRA and the City of Miami must be listed as dual obligees
on the Bond.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor
shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City of Miami
with evidence of such recording.
Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category
of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having been in business with a record of successful
continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable
surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions.
If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net
retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised
September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide CRA with evidence
satisfactory to CRA, that such excess risk has been protected in an acceptable manner.
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20. DISPUTES. In the event of a dispute between the Executive Director of the CRA and the Grantee
as to the terms and conditions of this Agreement, the Executive Director of the CRA and the Grantee shall proceed
in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of
written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution
within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to
by the parties to this Agreement. The Board's decision shall be deemed final 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 the Grantee relating to the Agreement.
Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties.
The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter
genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to
refer to examples rather than to be words of limitation.
c. 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 unlessotherwise
expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of
this Agreement unless otherwise expressly set forth herein.
e. CONFLICTING TERMS. In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern.
f. WAIVER. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless
made in writing.
g. SEVERABILITY. Should any provision contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of
Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect.
h. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in any way,
inure to the benefit of any third party so as to make such third party a beneficiary of this Agreement, or of any one
or more of the terms hereof or otherwise give rise to any cause of action in any party not a party hereto.
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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 the Grantee
shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction
or limitation. The Grantee agrees that all documents maintained and generated pursuant to this Agreement shall be
subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and
between the parties that any document which is given by the CRA to the Grantee pursuant to this Agreement shall
at all times remain the property of the CRA, and shall not be used by the Grantee for any other purpose whatsoever,
without the written consent of the CRA.
24. AWARD OF AGREEMENT. The Grantee warrants that it has not employed or retained any
person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed
to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of the Grant.
25. NON-DELEGABILITY. The obligations of the 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. If this Agreement should be terminated
by the CRA, the CRA will be relieved of all obligations under this Agreement. In no way shall the CRA be subjected
to any liability or exposure for the termination of this Agreement under this Section.
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 copy to: Anna -Bo Emmanuel, Esq., Chief Legal Counsel
Email: Aemmanuel@miamigov.com
Denrick Rolle, President
The Historic Saint Agnes Episcopal Church of Miami, Inc.
1750 NW 3rd Avenue,
Miami, FL 33136
Email: denrickr@gmail.com
29. INDEPENDENT CONTRACTOR. The Grantee, its contractors, subcontractors, employees,
agents, and participants in the Project shall be deemed to be independent contractors, and not agents or employees
Page 9 of 10
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. 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.
IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and
valuable consideration, and intending to be legally bound, the CRA and the Grantee have executed this Agreement.
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, of the
City of Miami, a public agency and b e ' y corporate
created pur .. to Sectio 63.35 4 1 orida Statutes
A 11'hST
B , By:
104_,To• B. Hannon
Cl of the : oard
Anna -Bo Emmanuel
Chief Legal Counsel
WITNESSES:
By:
Print:
By:
Print:
,9AI,e,4 514/ �
THE HISTORIC SAINT AGNES ESPICOPAL
CHURCH MI, INC., a Florida non-profit
Corporatio;� tee"):
By:
Page 10 of 10
Denrick Rolle
President
EXHIBIT "A"
Resolution No. CRA-R-20-0021
Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-20-0021
File Number: 8194
Final Action Date:11/16/2020
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
AUTHORIZING THE ISSUANCE OF A GRANT TO ST. AGNES EPISCOPAL
CHURCH, INC., IN AN AMOUNT NOT TO EXCEED $400,000, FOR REPAIRS
AND IMPROVEMENTS TO ST. AGNES EPISCOPAL CHURCH FOR ITS 40-
YEAR RECERTIFICATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS
DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS,
UPON PRESENTATION OF INVOICES AND SATISFACTORY
DOCUMENTATION; DERIVING FUNDS FROM THE 2021 SEOPW CRA TAX
INCREMENT FUND, "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, Goal 1 on page 11 of the Plan lists the "preserv[ation of] historic
buildings and community heritage" as a stated redevelopment goal; and
WHEREAS, Section 2, Principle 8 on page 15 of the Plan states that "[o]Ider buildings
that embody the area's cultural past must be restored"; and
WHEREAS, on August 24, 2007, the City of Miami, acting as General Counsel to the
CRA, issued Formal Legal Opinion No. 07-014, opining that the CRA may use TIF funds to
repair or renovate churches within the redevelopment area for the purpose of improving the
community as a whole; and
WHEREAS, St. Agnes Episcopal Church ("St. Agnes"), located at 1750 NW 3rd Avenue,
Miami, Florida 33136 (the "Property") was built between 1923 and 1930; and
WHEREAS, the Property is in need of repairs and renovations to bring it into minimum
code compliance in order to receive its 40-year recertification. St. Agnes has requested
assistance from the CRA to complete the necessary repairs and improvements, including a roof
replacement, construction of a new restroom, and other general repairs; and
WHEREAS, the Board of Commissioners wishes to authorize funding to St. Agnes, in an
amount not to exceed $400,000 for repairs and improvements to the Property for its 40-year
building recertification; and
City of Miami Page 1 of 2 File ID: 8194 (Revision:) Printed On: 11/17/2020
File ID: 8194 Enactment Number: CRA-R-20-0021
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would
further the aforementioned redevelopment goals and objectives;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The Board of Commissioners hereby authorizes the issuance of a grant to
St. Agnes Episcopal Church, Inc, in an amount not to exceed $400,000, for repairs and
improvements to St. Agnes Episcopal Church located at 1750 NW 3rd Avenue, Miami, Florida
33136, for its 40-year building recertification.
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 derived from the 2021 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:
Chanel H. Jeffer o, $tffrC2= 11/11/2020
City of Miami Page 2 of 2 File ID: 8194 (Revision:) Printed on: 11/17/2020
EXHIBIT "B"
Scope of Work
PALM CONSTRUCTION AND DESIGN GROUP, INC.
CONSTRUCTION PROPOSAL/CONTRACT
Between the Owner:
And the Contractor:
ST. AGNES EPISCOPAL. CHURCH
P.O. BOX 2943
Miami, FL 33101
Palm Construction and Design Group, Inc.
12491 SW 134 Court, Ste. 20
Miami, FL 33186
786-251-9289
For the Project located: 1750 NW 3"' Avenue
Miami, FL 33136
July 15, 2020
ST. AGNES EPISCOPAL CHURCH
P.O. Box 2943
Miami, FI 33101
RE: Re -roofing, and Bathroom Addition to the Sanctuary Building
Dear Owner.
We are pleased to submit this proposal for construction services on the above referenced project located in
Miami, Florida.
Palm Construction and Design Group, Inc. will perform the work outlined below:
MECHANICAL
Furnish and install new HVAC system as shown on the Mechanical Plans by Hyde Park Architects
Furnish and install new refrigerant lines and covers, drain lines, exhaust fans, duct work, and A/C
stands as necessary
Furnish and install new metal cage for condenser unit on ground floor
No other mechanical work included in this proposal
ELECTRICAL
Furnish and install new Electrical system as shown on the Mechanical Plans by Hyde Park
Architects (including all new wiring, electric boxes, plugs, breakers, conduits, disconnect boxes, etc.
to service new restroom addition)
No other electrical work is included in this proposal
PLUMBING
• Furnish and install new Plumbing system as shown on the Plumbing Plans by Hyde Park
Architects
Furnish and install five (5) new toilets, five (5) new wall hung lavatories, two (2) new urinals, five
(5) new faucets, new water heaters, and ancillary piping
No other plumbing work is included in this proposal
BATHROOM ADDITION
- Furnish and install all items needed to construct the new bathroom addition as shown on the
Architectural Plans by Hyde Park Architects
- No other work is included in this proposal
ROOF
Remove existing roof covering to expose existing sheathing
• Replace existing sheathing as necessary
Install new roof covering (i.e. — asphaltic shingles, etc.)
• No other roof work is included in this proposal
METALS
- Install new metal stair railings as shown on the Architectural Plans by Hyde ParkArchitects
- No other metal workis included in this proposal
A. Exclusions
Environmental services (i.e.'- mold, lead, asbestos'abatement, or remediation)
Security orPolice services
Permit fees
;No_other construction services not specified herein
ST. AGNES EPISCOPAL CHURCH shall pay Palm Construction, and Design Group, Inc. for the
performance of completed work, as authorized and outlined by this agreement. The base bid is Four
Hundred Thousand Dollars, ($400,000.00).
Notes:'
1. Palm Construction and Design Group, Inc. will furnish all the Tabor and material necessary to
complete the alterations and improvements described in herein.
2. Match existing textures and,colors as close as• possible..
3. This proposal is based upon the observation of conditions. Conditions which could not be
known by a reasonable inspection, such as termite damage, hidden water damage, hidden
code violations, or other concealed conditions, may require extra labor or materials.
Date: Signature:
Owner
Date: : 7j25/20 Signature:
Palm •Construction and Design Group, Inc.
cc: File,
EXHIBIT "C"
Project Budget
PALM CONSTRUCTION AND DESIGN GROUP, INC.
CONSTRUCTION PROPOSAL/CONTRACT
Between the Owner:
And the Contractor:
ST. AGNES EPISCOPAL CHURCH
P.O. BOX 2943
Miami, FL 33101
Palm Construction and Design Group, Inc.
12491 SW 134 Court, Ste. 20
Miami, FL 33186
786-251-9289
For the Project located: 1750 NW 3rd Avenue
Miami, FL 33136
June 28, 2021
ST. AGNES EPISCOPAL CHURCH
P.O. Box 2943
Miami, FI 33101
RE: Re -roofing, and Bathroom Addition to the Sanctuary Building
Dear Owner:
We are pleased to submit this proposal for construction services on the above referenced project located in
Miami, Florida.
Paim Construction and Design Group, Inc. will perform the work outlined below:
ROOF
Remove existing roof covering to expose existing sheathing
Replace existing sheathing as necessary
Install new roof covering (i.e. — asphaltic shingles, etc.)
No other roof work is included in this proposal.
Cost = $180,000.00
MECHANICAL
- Replace existing a/c units and install three (3) new 20-ton HVAC units
Furnish and install new refrigerant lines and covers, drain lines, duct work, and A/C stands as
necessary
Furnish and install new metal cage for HVAC units as necessary
No other mechanical work included in this proposal
Cost = $85,000.00
ELECTRICAL
- Repair electrical system as necessary (including new wiring, electric boxes, plugs, breakers,
conduits, disconnect boxes, etc. to service the three (3) new 20-ton units)
Repair existing low voltage, and audio system damaged by water intrusion from roof leaks
Remove, and replace damaged electrical conduits, wiring, and lighting serving the existing concrete
monument
No other electrical work is included in this proposal
Cost = $55,000.00
PLUMBING
Perform water and sewer tap on NW 3rd Avenue to furnish, and install new water and sewer
lines needed for the future bathroom addition as shown on the Plumbing Plans by Hyde Park
Architects
- No other plumbing work is included in this proposal
Cost = $30,000.00
BATHROOM ADDITION ARCHITECTURAL PLANS
- Coordinate with the City of Miami Historical Preservation Board to ensure the new architectural
plans construct the new bathroom addition adhere to their requirements
- Coordinate with Hyde Park Architects to prepare, and permit the necessary renderings,
architectural plans, and specifications for the new bathroom addition
Coordinate with EAC Consulting to prepare, and permit the civil engineering drawings, and
specifications for the new bathroom addition
No other work is included in this proposal
Cost = $25,000.00
CONCRETE
- Identify and repair all exterior stucco cracks on existing bldg. exterior, and monument
- Paint stucco repair areas with Color(s) chosen by the Owner(s)
Removal and disposal of existing damaged concrete stairs, and landing area
- Installation of new ADA ramp, landing area, and sidewalk
No other concrete work is included in this proposal
Cost = $17,000.00
METALS
Install new metal railings on ADA ramp
- Install new metal awning in same location where existing awning collapsed
- No other metal work is included in this proposal
Cost = $8,000.00
A. Exclusions
- Environmental services (i.e. — mold, lead, asbestos abatement, or remediation)
Security or police services
- Permit fees
- No other construction services not specified herein
ST. AGNES EPISCOPAL CHURCH shall pay Palm Construction and Design Group, Inc. for the
performance of completed work, as authorized and outlined by this agreement. The base bid is Four
Hundred Thousand Dollars, ($400,000.00).
Notes:,
1. Palm Construction and Design Group, Inc. will furnish all the labor and material necessary to
complete the alterations and improvements described in herein.
2. Match existing textures and colors as close as possible.
3. This proposal is based upon the observation of conditions. Conditions which could not be
known by a reasonable inspection, such as termite damage, hidden water damage, hidden
code violations, or other concealed conditions, may require extra labor or materials.
Date: Signature:
Owner
Date: 6/28/21 Signature:
cc: File
Carros D. Work, P.E., C.G.C.
Palm Construction and Design Group, Inc.
EXHIBIT "D"
Insurance Requirements
INSURANCE REQUIREMENTS - ST. AGNES EPISCOPAL CHURCH
GRANTEE 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
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami and SEOPW CRA 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
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
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.
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE - CONTRUCTION PHASE ST. AGNES EPICOPAL
CHURCH
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 Community Redevelopment Agency listed as an
Additional Insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
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 $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
SEOPW Community Redevelopment Agency 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
$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
IV. Umbrella Policy (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 2,000,000
Aggregate $ 2,000,000
City of Miami & SEOPW Community Redevelopment Agency listed as an
additional Insured
V. Owners & Contractor's Protective
Each Occurrence
General Aggregate
$1,000,000
$1,000,000
City of Miami & SEOPW Community Redevelopment Agency listed as
named insured
VI. Payment and Performance Bond $TBD
City & SEOPW Community Redevelopment Agency listed as obligees
VII. Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $25000 All other Perils
5% maximum on Wind/Hail and Flood
City of Miami & SEOPW Community Redevelopment Agency listed as loss
payees
A. Coverage Extensions: As provided by carrier
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer not less than (30) days prior to any
such cancellation or material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "ClassV" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
EXHIBIT "E"
Payment and Performance Bond
FORM OF PAYMENT BOND
BY THIS BOND, We , as Principal (hereinafter referred to as
"Contractor", and , as Surety (hereinafter referred to as "Surety"), are
bound to the Southeast Overtown/Park West Community Redevelopment Agency, a public agency and
body corporate created pursuant to Section 163.356, Florida Statutes (hereinafter referred to as "Obligee"),
in the amount of Dollars ($ ) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, the Contractor has entered, or is about to enter into a certain written contract with the
Obligee, dated the day of , 20 , which Contract Documents
are by reference incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred
to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays Obligee all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that Obligee sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor,
materials and supplies used directly or indirectly by Contractor in the performance of the
Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies shall, within forty-five (45)
days after beginning to furnish labor, materials, or supplies for the prosecution of the
Work, furnish to Contractor a notice that he intends to look to the bond for
protection.
2.2. A claimant who is not in privity with Contractor and who has not received payment
for its labor, materials, or supplies shall, within ninety (90) days after performance of
the labor or after complete delivery of the materials or supplies, deliver to Contractor
and to the Surety, written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor or
the Surety unless the notices stated under the preceding conditions (2.1) and (2.2)
have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of the
applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95.11, Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract or the
changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
Signed and Sealed in the Presence of:
[Corporate Title]
(Principal Place of Business Address)
By: (SEAL)
Signed and Sealed in the Presence of: [Name of SURETY]
[Attorney -in -Fact for SURETY]
By:
(Principal Place of Business Address)
[Name of PRINCIPAL]
Note: Power of attorney and certification of authority for issuance and current status thereof for
Attorney -in -Fact and for surety company must be attached.
Surety must be licensed to transact business in the State of Florida.
DUAL OBLIGEE RIDER
(Payment Bond)
To be attached to and form part of Payment Bond No. . , executed concurrently with
this rider, it is agreed that:
, Surety and
, Principal, for valuable
consideration, hereby agree that the Payment Bond executed in favor of the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 819 N.W. 2nd Avenue, 3rd
Floor, Miami, FL 33136, Obligee, in connection with a contract for:
which bond and contract are made a part of hereof by reference, shall now include as an additional Obligee:
THE CITY OF MIAMI (Dual Obligee), 444 S.W. 2nd Avenue, Miami, FL 33130.
The Surety shall not be liable under this bond to the Obligees, or either of them, unless the said Obligees, or
either of them, shall make payments to the Principal or to the Surety, in case the Surety arranges for the
completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as
to payments, and shall perform all the other obligations to be performed under said contract at the time and in
the manner therein set forth.
In no event shall the Surety be liable in the aggregate to both Obligees for more than the penal sum of its
Payment Bond, not shall it be liable except for a single payment for each single breach or default. At the
Surety's election, any payment due to either Obligee may be made by its check issued jointly to both.
WITNESS the following signatures and seals this of 20
Attest:
Attest:
Attest:
By:
(Surety)
By:
(Principal)
By:
(Obligee)
By:
(Dual Obligee)
FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal
(hereinafter referred to as "Contractor"), and , as Surety (hereinafter
referred to as "Surety"), are bound to the Southeast Overtown/Park West Community Redevelopment
Agency, Florida, a public agency and body corporate created pursuant to Section 163.385, Florida
Statutes (hereinafter referred to as "Obligee"), in the amount of
Dollars ($ ) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, the Contractor has entered, or is about to enter into a certain written contract with the
Obligee, dated the day of , 20 , which Contract Documents
are by reference incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred
to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and Obligee for construction of
, the Contract being made a part of this Bond by
reference, at the times and in the manner prescribed in the Contract; and
2. Pays Obligee all losses, liquidated damages, expenses, costs and attomey's fees including
appellate proceedings, that Obligee sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by Obligee to be, in default under the Contract,
Obligee having performed Obligee obligations hereunder, the Surety may promptly remedy
the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the
lowest responsible Bidder, or, if Obligee elects, upon determination by Obligee
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and Obligee, and make available as Work progresses (even
though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the Contract Price; but not exceeding,
including other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term "balance of the
Contract Price," as used in this paragraph, shall mean the total amount payable by
Obligee to Contractor under the Contract and any amendments thereto, less the
amount properly paid by Obligee to Contractor.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE SURETY'S
OBLIGATIONS HEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, THE
OBLIGATION TO PAY ANY AND ALL LIQUIDATED DAMAGES FOR DELAY OR
ACTUAL DAMAGES FOR DELAY SUFFERED OR INCURRED BY THE OBLIGEE AS A
RESULT OF THE PRINCIPAL'S OR THE SURETY'S FAILURE TO COMPLETE THE
CONTRACT WITHIN THE CONTRACT TIME:
This Bond is furnished pursuant to the requirements of Section 255.05, Florida Statutes, and the
notice and time limitation provisions of said Section shall apply to this Bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than Obligee named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract or the
changes does not affect Surety's obligation under this Bond.
[Balance of this page intentionally left blank.]
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto affixed their
corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -
fact, this day of , 20 .
Signed and Sealed in the Presence of: [Name of PRINCIPAL]
[Corporate Title]
(Principal Place of Business Address)
Signed and Sealed in the Presence of:
[Attorney -in -Fact for SURETY]
(Principal Place of Business Address)
By: (SEAL)
[Name of SURETY]
By:
Note: Power of attorney and certification of authority for issuance and current status thereof for
Attorney -in -Fact and for surety company must be attached.
Surety must be licensed to transact business in the State of Florida.
DUAL OBLIGEE RIDER
(Performance Bond)
To be attached to and form part of Performance Bond No. , executed concurrently
with this rider, it is agreed that:
, Surety and
, Principal, for valuable
consideration, hereby agree that the Performance Bond executed in favor of the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 819 N.W. 2nd Avenue, 3rd
Floor, Miami, FL 33136, Obligee, in connection with a contract for:
which bond and contract are made a part of hereof by reference, shall now include as an additional Obligee:
THE CITY OF MIAMI (Dual Obligee), 444 S.W. 2nd Avenue, Miami, FL 33130.
The Surety shall not be liable under this bond to the Obligees, or either of them, unless the said Obligees, or
either of them, shall make payments to the Principal or to the Surety, in case the Surety arranges for the
completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as
to payments, and shall perform all the other obligations to be performed under said contract at the time and in
the manner therein set forth.
In no event shall the Surety be liable in the aggregate to both Obligees for more than the penal sum of its
Performance Bond, not shall it be liable except for a single payment for each single breach or default. At the
Surety's election, any payment due to either Obligee may be made by its check issued jointly to both.
WITNESS the following signatures and seals this of 20
Attest:
Attest:
Attest:
By:
(Surety)
By:
(Principal)
By:
(Obligee)
By:
(Dual Obligee)
D5l1