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HomeMy WebLinkAboutPrivate Property Adaptation Program Matching Grant Agreement between CMB & Vanesa Carpignano2022-32y2G, Dwusgn Envelope ID: 6527083D-8403d C7-8161F-WEW213616 MIAMIBEACH CITY OF MIAMI BEACH PRIVATE PROPETY ADAPTATION PROGRAM MATCHING GRANT AGREEMENT GRANT PROJECT No.: 2025-CMB-PPA-2548 This GRANT AGREEMENT (hereinafter the "Agreement") is made and entered into this 6th day of April , 2026 by and between the City of Miami Beach, Florida (hereinafter the "City"), and Vanesa Caroionano, a City of Miami Beach resident (hereinafter the "Grantee'). This Agreement is effective April 1. 2026, the "Effective Date." ARTICLE I 1 GRANT DESCRIPTION GRANTEE: MAILING ADDRESS: CITY, STATE, ZIP: PHONE, FAX, E-MAIL: PROPERTY ADDRESS: GRANT AMOUNT: PROJECT DESCRIPTION: GRANT PROJECT BUDGET: GRANT TERM: PROJECT SUBSTANTIAL COMPLETION DATE: FINAL REIMBURSEMENT Vanesa Carpignano 365 N Shore Dr Miami Beach, FL, 33141 3054580193, anoresl2@gmail.com 365 N Shore Dr, Miami Beach, FL, 33141 LOWER OF 50% OF VERIFIABLE PROJECT COST OR $20,000 See Article II and Exhibit A hereto See Exhibit B hereto 04/01 /2026 — 08/1312027 04/30/2027 REQUEST DEADLINE: Sixty (60) days from the Project Substantial Completion Date EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit A — Grantee Project Proposal Exhibit B — Project Budget Exhibit C — Grant Status Report Instructions Exhibit D — Grant Reimbursement Request Form Exhibit E — Alternate Project Categories Exhibit F — Contractor Certification of Work Completed Exhibit G — Owner Acknowledgement of Temporary Flood Barrier Responsibilities Exhibit H — City's Affidavits and Certifications Docusign Env op ID:6527o6ap oa BAC7- 16F. WEW2D616 IN WITNESS WHEREOF, the PeMes hereto have executed Ihm Agreement FOR CITY City of Miami Reach, Florida ATTEST I By Rafael E. brai,ado, bty Clark EMT. Carpenter, tity Manager rll - 9 9n7F �r,t, Date-1_B.Eq�{°,� i,INCONP OMiELL FOR GRANTEE: ATTEST.H`NZ6nY do ss Sgnat e MtF1¢o n10-tf-c Pmt Name 4111)2( Deis Vane" Carpignano By. 11j(Signelu if 0.hfe4 lP (� Q'nG h 0 Pwt Name APPROVED AS TO FORM 6 LANGUAGE FOR CUTION It) City Aeon+y P't Date Page Y GMIU INtlali' B anrnd wIM ® CamScannef Deousign Envelope ID: 6527083D 0aaAC7-016F-3ME6A82D516 ARTICLE 111 GRANTEE PROJE9T PROPOSAL (CITY USE ONLYI Prated pqWqEjW.blo for PjrQgyr r- n Costs eligible for cast share and reimbursement am limited to those good risk mtigabon aUmte% described below and in this Agreement. Other construction, novation, beautdicaflon, and demolition costs aesoclalod with the Project (as defined below) that do not directly relate to good mitigation will not be aligiblo for reimbursement The Project must reach substantial completion for the associated design and engineering costs to be eligible for reimbursement under the program. In the event of any conflict between the terms set forth in this Article 11 and the temis set forth in Exhibit A. attached hereto, the terms of this Article II shall govern and control The Private Property Program-releled project scope is limited to the following need mtgatan improvement activitiesrepairing and upgrading approximately 60 linear feet of the existing seawall at the rear of the property. Work includes removal of the deteriorated seawall cap and associated obstructions, installation of seven new concrete batter piles to stabilize the existing wall, and construction of a new reinforced concrete seawall rap. These improvements veil strengthen the seawall and reduce tidal flooding impacts. Costs eligible for cost share and reimbursement are limited to those flood risk mitgalion acbwties as described above and in the grant agreement. This does net cover docks, decks. or other costs not directly related to the seawall. Participants must submit status updates MONTHLY to the city. In the first applicable report, Grantee must sign and submit a copy of the Final Project Scope. as described in Article III, Section 4. Page 3 1 -n Grantee initials Vq-. m Cr'S<anner Oxusign Enrelape ID: 652709313-EPIO FCY916F-WEMKD616 ARTICLE II I GRANTEE PROJECT PROPOSAL ICITY USE ONE BOW10MBNOMorae: Grantee must submit the status reports to the Contract Administrator as prorated In Exhibit C. attached hereto and Incorporated herein. Reports must De submitted tmhly, on the due data attached In the Reporting Schedule socbon, below. Monthly (open$ are due on the tY of each subsequent month. Example: the report for March 1 to March 31 is due on April 15, Ouartody reports are due on Oro 15e of each month after the en$ of a quarter Example the report for Jan 1 — Mar 31 Is due on April 15 Failure to submit reports to the City at the regularly scheduled dates may result in ineligibility of In$ Project to receive grant funding and withdrawal of the Granlao from the program. R..mhrlp$chad to * Monthly (Jan; Feb; Mar, Apr, May, Jun; Jul; Aug; Sep, Oct; Nov; Ooc) * Quarterly (Jan 1 — Mar 31; Apr 1 — Jun 30; Jul 1 — Sept 30; Oct 1 — Dec 31) pro t c bate tial �&molebon Date: 0413012027 Fatmalad Pm at Cosy 542.600 00 F I alert PPA Funds to be Expended' $20 000 00 Page 4 ,.o Grantee 11Yliata: 'r�r Scanned with 0 CamScanner Docaign Envelope 10, 6527093D 03-eAObe16F-3ME6A62D616 ARTICLE III I GCNFRAL CONDITIONS t PARTIES: The pwbes to the Agreement are be Grantee fsWd in MCe I. and Ve Cay. aalrvcpel pdporatan organized under the laws of the State of FWda The City has oaegated fygape,,,Wy of administering this Grant to the City Manager a the Cry Manageya "homed Mir (Vie'Contract Admnistrator) 2 PROJECT DESCRIPTR)N: The Grantee may Only use the Grand ton the flood mr"'n y nrpmvcrnents at the Property (the'ProWl') as SWIfcaly described in ANcb it and Extubt A, attached hereto and incorporated herern (vdndwVy ands 00"c'uvefy, it* 'Project Desu ptnn') Any mocl,f"Wn to the Protect DeWn fon shall not be effect -we WIRSs approved by a written amendment to this Agreement sgned by the City and Grantee Nohwlhstarding the Ime(going. if It becomes mpracbcaNe lot the Grantee to CatSI. I the PrOIML the Grant" may. with in, City prior wntum consent, pursue the alternate project. d any, described in Exhibit E a^ached hereto and incorporated herein If me purswt of an aeema:e protect is epyovad by Pe City. roan such protect ehen be deemed the'IhoWt- for all purposes of this Agreement GreM" agrees that al fundng provided by the City pursuant to Ves Agreement will be used exclusively for goods y serwcs* to he pmvdW within the City of Memi Beach To the extent the Protect includes temporary flood pennant, the Grantee hereby acknowledges. and shift comply with, the requrements set lath in Exhibit G. enbead Owner AckmwfeogmeM of Temporary Flood Banner Respons,bh.ies, attached hereto and incorporated herein by reference. 3 GRANT PROJECT BUDGETSubject to the avadabl:y of City fundsthe maxjmum amount payable M Grantee by Ve City under this Agreement "a not exceed Ina Grant Amwnt as set forth in Article I of his Agreement Grantee agrees that should availabie (ay lurdi g be reduced, the amour, payable under this Agreement wtl be reduced at this sole optxxl of the C•ty of Mami Beach Grantee acknowledges and agrees that the Grant under Via PrvAte Property Adaptation program (the'prograni) Is a "Icbmg grant whereby the Grantee agrees to maM the Grant voth an amount that is equal to or greater then the Grant amomt using funds provided by Grantee on another source Grantee further acknowledges and agrees that the Grant "be tied m a remWrsenent Oa,,,; and Grantee shah be requued to Pay la the 41"nsaa or the Project m fA phor to receiving any Grant morays from the Gy Exhibl B (Propel Dldget) ataUed hereto and mwrWated heron, mcludas an estimate of the Pnopct cost At sxh tome as Grantee has "w%it0d agreements with as daegn proleu«)rars) ant wnVsc'Of. Grants* she' s:Ami a rawsed Protect BWW which anal reflect 1a s cars of lundng for the Protect, the Wm of s',c sources (.duchy the Grant) mi,j,t equal or exceed t e Project Bkdged N ad any tan* the Grambee, anCcg8,a5 Vet the We, protect post we "COW rhe Poled Budget. Grants* alias WWW p,,V wre!. nodce to the Cay, which sIW n[W a lel a rtvbad. da9AW o(W *s'•rrMe ty tee revised P gect post and ID) doCvrwrvey *vWry a reaswayy sabs'acaxy to ae CRY Page S `� l:ta*:taw imha:, scanned with 0 CamScanner' Oricuslgn Envelope ID'. 6527083DA40b8AC1-816F-WE6A82D616 yarn psauees regarding Grantee's Sources of funding for all costs In excess of the Projeol Budget Grantee shall to permmed to modify the Project Budget to mcrea6e any Aria dem(s) by decreasing came tine mm(s) to account br changes in actual costs to long as such modifications do not alter the 61 of Iha Project If Grantee Wishes to revise the scope of the Project 10 enable It to complete the Project within the Project Budget, the Gfantae must obtain the approval Of the Gty s Contract Administrator 4 PROJECT UPDATES AND REPORTS: This Grant has boen awarded with the understand'ng that the activities and services contemplated under the Project DeSM0110i will Contribute t0 to Citys overall good resilience and flood mitigation efforts To demonslinle Thal the Granl is being used in acoordance, win the descnpen Of the Project as eecled in Attica II and Exhibit A. the Project Budget detailed in Exhibit B and that the Project will be completed by the Project Substantial Completion Date, Grantee shall submit status reports to the Conhecl Administrator as provided in Arficle If (each, a'Grantee Report") Each Grantee Report shall include (a) the most up -to -dale line -item budget detailing all expenses up to the point of Pepod submission, (b) all contractor Quotes hot ominously submitted to and reviewed by the city, 0) all architecture anNof contractor designs artifice construction Plans hot prevqusy submitted to and reviewed by the City. (d) a brief description of Grantee's progress on compteling the Project. Incbdag any Wllenges. difficulties, or other issues the Grantee has experienced. (a) photos of the Project progress before, during and alter as work 1s completed, and (f) the Contractor Cerhflcabon of Work Completed Template (attached hereto as Exhibit F) Upon finalizing the Project scope with Grantees selected contractor, Gramme shall request a final cost proposal a agreement from the Contractor (the "Contractor proposaP) The Contractor Proposal shall Include the final scope of work for the Project tire 'Final Scope of Work') and an Ilemized breakdown of a$ Project coats The Final Scope of Work shall be prepared by the Contractor all submitted by the Grantee as an attachment to the next applicable Grantee Repon, in accordance with the reporting schedule established under this Agreement The Feral Scope of Work shall Include (1) a detailed description of the work to be performed under the Project. with as good mitigation achwes clearly identified and distinguished from any general of nOr lglWe work, (2) a clear descriplen d the nature and extent o(as improvements proposed, which must correspond to the Project as described in this Agreement, (3) an itemized beandown of all starlit project components, Including individual costa associated with earn line Item, 14) the total Project cast, (5) a payment schedule identifying all payment milestones assoctalad with the prognKsen of work, including items such as, deposits, commencement, progress Intemnls, and final completi0rl, and (B) the full legal name and contact information of the Contractor, the name of the Prop" Dower, and the address of to Project site m the event that any amendments ate made durng oorolrucbon that alter to original scope or budget, ore Grantee $half submit an updaled Final Scope of Work reflecting such changes Der to submitting a request for rthmbueement Page B Grmiee InwaL Dmusgn Envelope ID: 652]0MD41016ACP816F�MEW2O616 In adc horn to tits raqumod too". the City reserves the right to request additional reports enNa information at any time Upon the comPlelon of the Project. Grantee shay submit a final reporl ('Project Completion Report-) with a desFilplion Of Ill completed Project on or before the Finial Reimbufsemenl Requasl Deadline Grantee acknowtodgos that Grantees failure to submit top" to the City by the ignited upon deadlines may result a the Mlgibihty of the Project sidld the termination of the Agfaement by the City 5 PROJECT TIMELINE AND SUBSTANTLaL COMPLETION: Grantee sal use wmmacielly ressonaby best efforts to commence Project related construction aotivNes whin one year of the Eeadive Date Grantee ackllewhadgel that failure to commence Project totaled fonsUUctari activities within such cane year period may result in the tefminat.on of this Agreement and rescnaton df the Grill however, the Contract Administrator may extend the time for nitalwnq PrOfact rgnatuglon in tusfMr sob discretion Fuller. Cnnlae sfholl use comrronuli ressonable beat efforts to ensure the Protect schlaves Substantial Completion (as defined below) on a balers to Protect Substantial Completion Date set forth In Ai I A For purposes of this Ag"menl,'Substantial Completion' means the following (I) If this Project (or portion Iflersol) onlaac construction, the date when the work coatitubng the Project, as cerbfied In writing by the Grantee and the lead design profeubnel (1 a Ina'S(Ch,tect of record orthe'sngneer of record: as the use my be), if any, has been develoi designed, argvaared and constructed In accordance with the applicable contract documents such Mal all conditions of permits and regulelory agencies have been satisfied and the Project Is ready, for occupancy (J aliPsceble) and utilaasxh for the was and purposes intended, without maternal rilarterence iron slcomplele a improperty completed work and wllh orgy mirror punch list dame remaking to be completed, as as reasonably detennlrod by tlhe lead design professional, and evidenced by (1) the Issuance of a CoMficaa of GauPMlcy Or ClInbficele Of COrhpletion by the authority having junsdlction (if applicable), 12) lie Is"" of a Certificate Of Substantial Completion by the lead design pmass" for any poison of the Project for which a design professanal was engaged, and/or (3) such other dttunenabon as the GNs Contrail Administrator may reasonably regwN as ewdenca that the Project has achieved Substantial Completion, and (li) If the Project (or Portion thaail eres'IS the purchase of equipment, the dale that such equipment has been installed in accordance with ell applicable Milufsoluref Instnfcbona and buiidwg lades such that the Grantee wil be able to use such equipment for its intended purpose(s) Page 7 l Grantu Imbsh VC.. S::enned win m CamScanner Dmusign Envelope ID: 65210030.8403AAo]-816F-3A6EIIA82O016 B. Project Extensens At least one (1) month pnor to the expiration of ttxs Agreement. If the Grantee expects the Project win not achieve Substantial Completion by the date Set forth 0 Article I, Grantee must request an extension to the Project tinleLne by sending the Gty a written request detailing the reason for the extensor, and the amount of time requested. The Gty reserves the right to accept or inject a Project extenson request in its sole dacrebon 6 REIMBURSEMENT REQUESTS: Prior to submitting a ra'mbursement request, Grantee shall complete its registration as a City vendor On the City Vendor Self Service webste Grantee shall include its vendor 10 number in the space provided on all reimbursement requests. GRANTEE ACKNOWLEDGES THAT GRANTEE'S FAILURE TO INCLUDE ITS VENDOR 10 NUMBER, OR FAILURE TO REGISTER AS A CITY VENDOR IN A TIMELY MANNER, MAY RESULT IN DELAYS IN PROCESSING GRANTEE'S REIMBURSEMENT REQUEST. The City shall only reimburse the Grantee for expenses incurred in connection with the Project a. d Grantee has obtained the Clty's prior wnuen approval, an alternate project described in Exhibit E Reimbursement requests may be submitted to the City only after the Project achieves Substantial Completion and Grantee has paid for all expenses of the Prefect. To initiate a reimbursement request, Grantee shall submit the following documentation to the Contract Administrator (a) the Grant Reimbursement Request Form. attached hereto as Exhibit D, including the Grantee's vendor ID number, (b) the Project Cmrplebon Report, attached hereto as Exhibit C, which must include a brief written summary (2-3 sentences minimum) describing the completed Project; (c) the Final Project Budget, attached hereto as Exhibit B. with a total amount that matches the sum of all mvolces submitted; (d) all Expenditure and Payment Documentation, including mwices and receipts, with each inverce dearly detailing this specific scope of work competed under that payment installment. (a) donumenbtwn confining that Grantee's permit has been closed of final -zed and that the final building inspection, along with any other required inspections. has been successfully mmpleled" (f) a notarized letter (ar unswom declaration in compliance with Section 92 525(2) of the Florida Statutes) from the contractor "firming that the Project was completed in accordance with the specifications outlined in the Contractor Proposal and plans submitted for any applicable permits; (g) dear, Mgh-quehty photographs of the Projecl Site before, during, and after cons"ion, with sufficient detail to confirm that the work was Completed at the Property, and (h) proof of acute flood insurance mvenng the property for the duration of Grantee's participation in the Program. Grantee acknowledges that any delay in submitting complete and accurate documentation may result In a delay in or canal of neumDursement. Pmvded that an snared default does not exist, and that Grantee is in Good Standing (as defined in Section 28 below) wtth the City and otherwise In compliance with the terms of this Agreement- me Coy sham disburse the Grant within forty-five (45) calendar days of sending the Granters whiten notice of the CMS receipt of an acceptable Reimbursement Request For the avoidance of doubt. the amount to be disbursed shall not in any event exceed the lower or (i) the Grant Amount Set tole in Mole I or (10 fifty percent (50%) of the final Project cost. The City shall have no obligation to Page 8 \Q Grantcc Initials. _ m Can Scan her D..ign Envelope ID: 6527083D M03-8AC7-816F-3A4E6A84D616 disburse to Grantee any portion of the Grant Award which remains unused at the oomplelion of the Project and Grantee shall have M daim to such unused portion of the Grant Award. 7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may net be used for any purpose unrelated to the Project. Without limiting the foregoing, the following expenditures are expressly prohibited: fences and gales; electrical wiring; lendsmping fights; boulders and landscape features; irrigation systems; monument signs; swimming pods; hurricane windows and shutters; tree planting (except as permitted In connection with a rain garden or other approved good mitigatan project); hatmonimtkon projects; fountains; cosmetic or decorative lawn items; remunerobw of Gty employees fen BBrvicea rendered as part of a project funded by this Grant; debt reduction unrelated to the Project; or lobbying or propaganda materials. Grants may ody be used for the City -approved good resiliency and/or mitigation projects described in Exhibit E. 8. GRANTEE SOLELY RESPONSIBLE FOR PROJECT EXPENSES AND COST OVERRUNS: The Grantee shall be responsible for all work pedomed. Further, subject to the Cirys oblgation to disburse the Grant on a matching, reimbursement basis in accordance with the terms of this Agreement, Grantee shall be solely liable for an expenses incurred in connection with the Pmjed. The Grantee may contract as necessary to complete the Project, including entering into contracts with vendors for services and materials, provided, Grantee understands that the City shall net be liable to any such vendors for any expenses or liabilities incurred pursuant to any contracts or agreements the Grantee may enter into with such venoms. Without limiting the geneterdy of the foregoing, the My shall have no obligation to fund any amount in excess of the Grant amount. Grantee shall be solely responsible for any Project cost in excess of the Project Budget as required and necessary to complete the Project. 9, NO GUARANTEE OF FUNDING: The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide funding beyond the terms specified in this Agreement. 10. PROGRAM MONITORING AND EVALUATION: The City Maragerorthe City Managers designee may monilor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to the Property and/or requests for submittal of additional documentation or written reports in addition to those required pursuant to Section 4, prior to the Project Substantial Completion Date, evidencing Grantee's progress on the Project. II.A000UNTING AND FINANCIAL REVIEW: The Grantee shall keep aoCurete and complete books and records of all receipts and expenditures of Grant funds, in conformance with Page 9 Grenttt Initials: Scan.d with ®CamScanner' Oocusign Envelope ID: 6527Oe3D8 O0 MCMNF-3A4RMD616 ___-__ —_-W.. "'. peuuepa reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made In conjunction with this Grant, including, without fimitabon, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal years) for which they are approved and retained In Mlaml-Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Final Reimbursement Request Deadline speclfod in Article I of this Agreement. These books, retards, and documents may be examined by the City, and/or Its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at Its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not also be claimed under any other Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by Grantee shall be a material breach of this Agreement. 12. INSPECTOR GENERAL- AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Cade of the City of Miami Beach. the City has established the Office of the Inspector General which may, on a random basis, perform reviews. audits. inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and pmposed City programs, accounts, records, cenbacts and transactions. In addition, the Inspector General has the power to subpoena witnesses. administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may indude a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and revlew operations, activities, performance and procurement process including but not limited to project design, bid specifications, (Willproposel) submittals, activities of the Grantee , its officers, agents and employees, lobbyists, City slag and elected officials to ensure compliance with the contract documents and to detect fraud and coruption. Pursuant to Section 2376 of 01e City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Impactor General. C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for Inspection and copying. The Page 10 Grants Initials: Docusign Envelope ID: 6527003 03OAC1A16Fd IE6MD616 Inspector General Is empowered to retain the Services of Independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City Staff and elected officials to ensure compliance with the contract documents and to detect fraud and conniption. D. The Inspector General Shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, Including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project+elated correspondence, memoranda, instructions. financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, Insurance proceeds, rebates, or dividends received, payroll and personnel words and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, unfil three (3) years after foal payment under thts contract or for any longer period required by statute or by other clauses of this contract. In addition: I. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement: and ii. The Grantee shall make available records relating to appeals or to litigation a the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall Incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this contract. G. Nothing in this section shall Impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither Intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. Page 11 Gmnnro Initials: k WCamScanner Doausyn Envelope ID'. 65270nD-640380M37A16F-YW EOA92D616 13. r ABILITY AND INDEMNIFICATION: Grantee shall Indemnify, defend and hold harmless the city and its officers, employees, agents, end contractors, from and against any and all actkNns (whether at law or In equity), claims, liabilities, losses, expenses, or damages, Including, without limitation, attorneys' fees and costs of defense, for personal, economic, of booty injury, wrongful death, o loss of or damage to property, which the City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, ceusee of action or proceedings of any kind or nature arising out of, relating to, or resulting from the perfamm co of this Agreement try the Grantee or Its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses In connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature In the name of the City, where applicable. including appellate proceedings, and shall pay all costs, judgments, and allormi fees which may issue thereon. Grantee expressly understands and agrees that any Insurance protection required by this Agreement, or otherwise provided, shall in no way limit Its obligation. as set forth herein, to indemnify, defend and hold harmless the City or its officers, employees. agents, and contractors as herein provided. Grantee's obligation to indemnify the City pursuant to the foregoing shall survive the expiration or termination of this Agreement Grantee recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration, provided by the City in support of the obligation and in accordance with the laws of the State of Florida. Nothing herein shall be construed to waive any of the Citys rights set forth in Section 768.28, Florida Statutes. Nothing contained in this Agreement shall be deemed a waiver of sovereign immunity by the City. This Section 13 shall survive the expiration or earlier termination of this Agreement. 14. INDEMNIFICATION BY CONTRACTORS AND CONSULTANTS: Any contract between Grantee and any contractor or consultant shall provide that the contractor or consultant (as applicable) shall defend, indemnify and saw harmless the City, its officers, agents and employees, from or on account of any Injuries or damages, received or sustained by any person or persons during or on account of any construction activities of contractor or consultant (as applicable), or any of his subcontractors, subconsullants, agents, solvents, or employees connected with the Project; or by or in consequence of any negligence of contractor or consultant (as applicable), or any of its subcontractors, subconsultenls, agents, servants, or employees (excluding negligence of the City), in connection with the construction activifies of contractor or consultant (as applicable), a any of Its subCOnlRclors, subcomiUltants. agents, servants, or employees connected with the Project: of by use of any improper materials or by or on account of any ad, error or omission of contractor or consultant (as applicable) or any subcontractor, suboonaultants, agents, servants or employees, except to the extent any such Injuries or damages ere caused by City. The contracts between Grantee and any contractors and the architectural or engineering services agreement between Grantee and any consultant shall further provide that Page 12 Grantee Initials: kL Scanned with WCamSranner Ooasign Envelope contractor or consulant (es applicable) shell Indemnify and save harmless City (a) against any claims or liability arising from or based upon the violation of any City, Miami -Dade County, state or federal laws, bylaws, ordinances or regulations by contractor, Its subcontractors, agents, servants or employees (excluding negligence of City); and (b) from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against City on account of any claims, fees, royalties, or costs for any Invention or patent, and from any and all suits and actions that may be brought against City for the infringement of any and all patents or patent rights gained by any person, firm, or corporation. The contracts between Grantee and any contractors and the architect's agreement between the Grantee and any consultant shall provide that the contractors' and consultant's Indemnification obligations to the City shall survive the expiration or termination of such agreements. 15. ASSIGNMENT: The Grantee shall not be permitted to assign this Agreement or the Grant and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. 16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City Laws. including but not limited to Mam4Dade C tunty's Conflict of Interest and Code of Ethics Ordinance, as amended. which is Incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, whirls is incorporated herein by reference as if fully set forth herein. Grantee acknowledges that nothing in this Agreement shall relieve the Grantee of as obligation to comply with all City, County, and State laws, code and/or ordinances, Including any obligation to secure the necessary permits for the Project. A. Legal Non -Conforming Buildings or Structures: Previously constructed buildings or structures that do not conform to the current requirements of the Citys and developmerit regulations (such as convened garages, impervious surfaces/paved areas, patios, etc) may only be eligible for Program funding if Grantee provides records to the City evidencing the Ciys prior approval of the existing improvements, including building permits, as well as any permits or approvals Issued by other regulatory departments or agencies where applicable. Any delay in Grantee's production of the records referenced in this Section 16(a) may result in a delay In Grant reimbursements. 17. DEFAULTrrERMINATION PROVISIONS: If Grantee notifies the City in writing that the Grantee intends to abandon the Project and forego any alternative project set forth In Exhibit E, the Gty may terminate this Agreement and cancel the Grant by written notice to the Grantee, and the City shall thereafter have n i further obligation to the Grantee under this Agreement. Each of the following (if applicable) shall constitute a default by Grantee. (a) Grantee fails to execute an Page 13 Grantee Initials: scanned with... WCamScanner Doousign Envelope ID: 65210930-8003A U-816F-WEMBW616 agreement for the services of an eppropriale design professional within six (S) months of the Effective Dote, (b) Grantee fails to execute an agreement with a contractor within one (1) year of the Effective Dale, (c) Grantee falls to submit all necessary permit epplicelbns to all governmental authorities leaving jurisdiction within one (1) year of the Effective Dale, (it) Grantee fails to achieve Substantial Completion by the Project Substantial Completion Date (other than due to an event of Force Majeure (as defined in Section 29)), and/or (a) Grantee fails to submit a Grantee Report. If Grantee does not are such default within thirty (30) days of a written default notice, the City may terminate this Agreement by written notice and the City shall thereafter have no further obligation to the Grantee under this AgraemenL Notwithstanding the foregoing, it Grantee cannot reasonably are such default within such thirty (30) day period, the cure period may be extended for up to ninety (90) days from the date of the original notice only if Grantee comnlenms diligent efforts to are within the initial thirty (30) day period and continues such efforts thereafter. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law or in equity. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the default provisions thereof, the City reserves the right, at its site and absolute discretion, to terminate this Agreement and cancel the Grant if it is net satisfied with the progress of the Project or the content of any required written report. 18. INSURANCE REQUIREMENTS: At Grantee's sole cost and expense, Grantee shall maintain throughout the Term of this Grant, and provide proof of, an active flood insurance Policy. Grantee shall also maintain (and shall require its design professionals and contractors to maintain) such other insurance coverages as Grantee shall determine in the Grantee's sole discretion. 19. FLORIDA PUBLIC RECORDS LAW: A. Grantee shall comply with Florida Public Reads law under Chapter 119. Florida Statutes, as may be amended from time to time. B. The term 'public records' shell have the meaning set forth in Section 119.011(12), which means all documents, papers. letters, maps, books, tapes, photographs, films. sound recordings, data processing software, or other material. regardless of the physical form, characteristics, m means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Page 14 W Grantee Initials: _ CamScanner Dacusign Envelope ID: 6527WDEa03bAC74;16FWEBA8213616 C. Pursuant to Section 118.0701 of the Florida Statutes, if the Grantee meals the definition cf'Contrador' ee defined In Section 119.0701(1 Xs), the Grantee shad. I. Keep and maintain public records required by the City to perform the service, ti. Upon request from the Cilys custodian of public records, provide the City with a copy of the requested records or allow the records to be Impeded or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119. Florida Statutes or as otherwise provided by law; III. Ensure that public records that ere exempt or confidential and exempt from public records disclosure requirements ere not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does nol transfer the records to the City; iv. Upon completion of the Agreement. transfer, at no cost to the CM. all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement. the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion ofthe Agreement, the Consultant shall meal all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the Citys custodian of public records, in a format that is compatible with the Infomation technology systems of the City. D. REQUEST FOR RECORDS; NONCOMPLIANCE i. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Grantee must provide the records to the City or allow the records to be inspected a copied within a reasonable time, r. Grantee's failure to comply with the City's request for records stall constitute a breach of this Agreement, and due Gty, at its sole disdelton, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail Itself of any available remedies at law or In equity. Page 16 Grantee initials: Sosnnerl with WCamScanner' Dmusign Envelope ID: 6527011 0.8/03 C7-816F-WEM821)616 Ill. A Grantee who fells to provide the pudic records to the Oly within a reasonable time may to subject to penalties under 8. 11g.10. E. CMLACTION 1. If a civil action is food against a Grantee to compol production of public records relating to the City's contract for services, the court shall assess and award against the Grantee the reasonable costs of enforcement, including reasonable attorneys' fees, 8: a. The court determines that the Grantee unlessfulhy, refused to comply with the public records request within a reasonable fimo; and b. At least 8 business days before filing the action, the plaintiff provided wnaen notice of the public records request, including a statement that the Grantee has not complied with the request, to the City and to the Grantee. it. A notice complies with subparagraph (lXb) 0 it is sent to the Wit custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee's registered agent. Such notices must be sent by common terrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic formal in. A Grantee who cornplies with a public records request within 8 business days after the rofice is sent is not liable for the reasonable costs of enforcement F.IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(&MIAMIBEACHFL.GOV Page 18 Grantee Initials . ..scanned with _. ®CannScanner' DO sign Envelope ID: 6527M3U6403-6AC7-e16F-3ME6A82D616 PHONE: 305-673.7411 20. WRITTEN NOTICES: Any notices required under We Agreement will be effective when delivered to the City In writing and addressed to the Contract Administrator, as Idenbried In Section 21. Any nodoes required tinder this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee. 21. CITY CONTACT: Al contract related questions, reports and requests for reimbursements to be submitted to individuals listed below: Sustainability and Resilience Division MBRisinaAboveCd)mlamibeachfl oov Amy Knowles. Chief Resilience Officer AmvKnowles0miamibeach0 oov ARTICLE III I MISCELLANEOUS PROVISIONS 22. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and consbued In accordance with, the laws of the State of Florida, both substantive and remeclud, without regard to principles of conflict of laws. The exdusM venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if In Stale mud, and the U.S. District Court, Southern District of Florida, S In federal court BY ENTERING INTO THIS AGREEMENT. GRANTOR AND GRANTEE EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CML LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 23. NO WAIVER: No waiver of any breach or failure to enforce any of the Osmrs, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect. Gmi4 modify or wave either party's fight thereafter to enforce or compel strict compliance with every term, covenant rendition or other provision hereof. 24. RELATIONSHIP OF THE PARTIES: It Is expressly understood and intended that the Grantee, as the recipient of Grant funds, is not an officer, employee or agent of the City, the City Commission, nor Me City depertme ni adrninlstering the Grant or the Grant Award. Further, for purposes of this Agreement. the Protect or activity, the parties Hereto agree that the Grantee, as officers, agents and employees are independent contractors and solety responsible for the Protect. The Grantee shall take all actions as may be necessary to ensure that Its officers, agents, employees, assignees and/or subcontractors shall not ad as, nor give the appearance Mal they Page 17 Grantee Initials: _[ M cans,anne, Docusign Envelope ID: 6527083D-0603AAC7-816F-3 EW2D616 _____ __,gym,, wIM Iaueeas '. an. AgW4 sews pnt tanturs mNoorebrs a WIVIrS d"cdy, ae Cdy Ca ssm a ae dapnronas) aarwtuslervq ae C"M a aw Gant Atvrd. No Pony or a oFcas, etec lM or apppvited d'aab, emplPtees. &2wu. ascepencom Cat7acWS or OMR Wts wil G ow%4*Md orryrpyeaS a agent, of ally Ptfw Party. rIDr to Iwm Gen mAmrQW b a any aAper.e art b" tf any o,,, Party, rw b ad to, or b batd ay tlVer Party. nor WI an emProyea Wrn any rant n or enttwrwN b any Dans�on. 'aasars m^Oensal'°^ GnefM1t uwrlpbyrrleN Canpensatat. PA sMvlu or flaw, arnpoysa rgCs or V%""$ ",wed by epraton d LTw a odw.». esCeof wougn aM agaand are anLh q.*1pm Gray aN arnDbyed 25 NOTHIRD-PARTYOENEFICLARYRIGHT5 TowmSdns Ag6wrwd unbpe bereft of bey V cla Pwl*S rivred eretn TTn Agreemera a not ntenOW b aM "I not G lortflrued b g" any awd party any merest or rq".ts, nc40aq wI*JW IrrIWI0II alnl-PaM bane6c ay ng" .lh rasped b a n PpinK .In arry 84ad'e't Or Pmvsnrl fblM Ilpan or catevnPla:ad hereby 26 CAPTIONS USED IN 11415 AGREEMENT: Capt.ons as used n osa AQealwtt aN for mne'trtce of referMKa ONy and "Ad rot be peered a 00"Srwd as n".ay Smbq a e,a ndrq be Lrquage a provsau to whch suds wtne may ,e,w 27 CONTRACT REPRESENTS TOTAL AGREEMENT' OPPORTUNITY TO REVIEW: Ttts cmryact exa,0 tg as speDal I c,tq at eW.I.:a. represents the vA*6m and lotai ageernart of the Pellet No represen:a:va., asoept T,,sa rmfenad wino atn Agravrwtl aM Its 8.3Ueent,. are b be c or"lared n OD"$-. 9Its bansw mpolcatMs a anertdnent, to ins AgrerneN shad G va]d fade" n n wretq aM S91W try b Dan.af NOt- Msyrteng tre laegw g, "Oh may. at ae Sob dace'". anterd a Terse 10 1 r a repurernertts of ae ewbts b Ts AgreemeN froT lore b Iarte Upon sudl rarssn Ts City rltay np'.ara ev Graeae to use to updated entbt lam etch Sna1 be deared a bmaLtaly atmrWStW no Ins Agreemaa aM W] reD1a:A ary pna varflprt of ae resPepbse esttok Fa asamVe. a to Cdy reuses E�'.bt A aM daeb U1e GraNN b uLae Uta ra Veld Senaxl are IgG>sd Esnbl A Shan futlenede aM moMCe Be agral EId W A n as wU,gty Tre City Manager, w bOWaa of Ve City, "I e 8,,vw Zed so esecLeA an rV:me'11f b Pie Agraarrwlt �. arty pNnges to to Grant Amwnl snit regure & pr W V llaya aM CRY Corrartefers Geraw raaascnY an.1 .anants out Gantea INs rrM.ed to terms :M CPrrdeiprO or Ote AW @@ w* ,rv3mt sal of pe terms and ocMtpts shad. and fuf been Ten S"KW4 oppM/tay b Nvea ins Agrsarrwe . Cartses of GaNee s Wu or has taurearyy thpien rot to M so 23 GOOD STANDING: Grandee WI G doomed b G n Good SWICng IM su Cay d MYn Beazh of Iaq as ae Gmwre sus M W'.ftartdng roes. foes, inch vldahats a PTs �ssPas d n ,,Lan,@ . -P to Oh ('GODC Slmda+q ) Page 15 Gran:a Inaull 1 Dmusign Envelope 29. FORCE MAJEURE: A'Force Majeure' event Is an event that (p In fad causes a delay In the performance of the Grantees or the Olys obligations under the Agreement, and (it) is beyond the reasonable control of such party unable to perform the obligation, and (lip is not due to an intentional ad, enor, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to me foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tomadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include inclement weather or failure to secure any of the required permits pursuant to the Agreement. 30. CITY USE OF PHOTOGRAPHS AND OTHER REPORT MATERIALS By Participating in the Program. Grantee hereby grants the City a perpetual, non-exclusive, non- transferable, royally -free license to use, display, and reproduce any photographs or videos taken of the Project, before, during, and after Project completion, that Grantee submits as part of a report under this Agreement or that the City captures during an Inspection of the Project or Property as contemplated herein. 31. CONFLICT OF INTEREST: Grantee herein agrees to adhere to and be govemed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Grantee covenants that it presently has no, interest and shall not acquire any interest, directtyorindirectly, which could conflict in any manner or degree with the performance of the Services. Grantee further covenants that in the pertornance of this Agreement, Grantee shall not employ arty person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 32. TAX CONSEQUENCES: Grantee acknowledges and agrees that payments made by the City for Grantee's benefit and/or funds paid to Grantee as a grant pursuant to the Program may constitute taxable Income for income lax purposes and be subject to taxation. Grantee shall be solely responsible for consulting a tax specialist and for the payment of any tax that may arise in connection with Grantee's participation in the Program. 33. NO DISCRIMINATION: Grantee accepts and agrees to comply with the following special conditions: Page 19 Gunnies Initials: CamScanner Do Mgn Envelope ID'. 8527083M403-8AC7-816F-3A4E6A82D818 A. Granted hereby agrees that, to the extent applicable, it will comply with Title VII of the Qdl Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United Slates Code, beginning at Section 2000e, prohibiting employment dsorimination based on race, color, religion, sex and national origin. B. The Grantee hereby agrees that, to the extent applicable, it will comply with City or Miami Beach Human Rights Ordinance as codified In Chapter 62 of the Gfy Code, as may be amended from time to time. Prohiblling discrimination in employment (including Independent contractors), housing and public accommodations, public cervices and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, intemexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height weight, halt texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. C. The City endorses, and Grantee shall comply, to the extent applicable, with the Gear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires, to the extent applicable, that Grand recipients Provide equal acoess and equal opportunity and services volhout dsoknination on the basis of any disability. 34. ORANTEE'S COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS: Grantee agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit H and Incorporated herein. 35. INTENTIONALLY OMITTED. 36. PROHIBITION ON CONTRACTING WITH AN INDMDIIAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE: Grantee warrants and represents that, within two (2) years prior to the Effective Date, Grantee has not received compensation for services Performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 379 of the City Code shall not spots to the following: A. Any individual or entity that provides goods to a candidate for office. Page 20 Grantee Initials:[ Scanned with.. m CamScanner D,vusign Envelope ID: 8527083D-8403 C7-818F3A4EBA82W18 B_ Any individual "entity that provides services to a candidate for olhca dthose same services are regularly perl"med by the individual "entity in the ordinary course of tininess for dients or customers Other than candidates for ice. This includes, without limitation, banks, telephone Of intemel service providers, printing companies, event venues, restaurants, caterers, transportabon providers, and Of ica supply vandom. C. Any individual "entity which performs licensed professional services (including for example, legal "accounting services). 37, INTENTIONALLY OMITTED 38. CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI BOYCOTT REQUIREMENTS: As required by Section 2-375.2 of the City Cade, Grantee has executed the Cerificabon Of Compliance with Antidiscrimination and AntFBoycoft Requiromerds, a copy of which is attached hereto as Exhibit H and incorporated herein. 39. CERTIFICATION OF COMPLIANCE WITH CITY ANTIDISCRIMINATION REQUIREMENTS: As required by Section 2.375.3 of the City Code. Grantee has executed the Cerlificalion Of Compliance with CityAntidiscrimination Requirements, a copy of which is attached hereto as Exhibit H and incop"ated herein. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Page 21 Granmc Inilialr' Scanned with 0 CannScanner Do coign Envelope ID: 6527083D-8403-eAC7-8161F-WEWWM16 GRANTEE NAME, Vainest, Cerpgneno, Afmm Nores GRANTEE ADDRESS, 365 N Shoe or, Miomf Beach, FL, 33141 ELOOD RISK MITIGATION APPROACH SELECTED IS.1 t all that 1 1' O Report Altemative A ❑ Report Altematwe B ❑ Report Alternative C XOther DESCIB RE PROJECTISI TO BE CONDUCTED INCLUDING LOCATION ON PROPERTY AND APPROXIMATE c iE Seawall Repair and Constructim contract: Current Seawall is at 1.32'NAVD which causes excessive Ilboding at land - Project consists of Form and pour a Seawali Cap measuring epprox. 60 a'new feet x of least 3 test Deep (to achieve 4.0 NAVDJ Indudbg insta7atim of7 new befter piles Expected Break -Ground Date (ApProx.1 September 2026 Expected Pro act Frid Date IA ) December 2026 Expected Miami Beach PemlitsSeptember2026 Other EVeCted Permits- NA Fspmeted PMIPCI Cost- $40. 100 Seawall. SZ500 Penner: Estimated PPA Funds to be Expended f$20D00 00 Mas 50% I Pro act Coal Ma 1' Contractors and Other Professional Partners Company DescrlpfioNRespmsibilities Guote anach Contact Into Max Marine and Make 6 submit plans and $ 40.100 James Mckenzie Foundation Inc. permits Phone: 1323 N 31st - Remove 6 dispose old wood 305-7858682 Road, decking Email: Hollywood, FL install batter piles jamesjrnnV@aol.corn 33021 Form and pour new sei w th License No. E- cap 1300.075 Grantee Initials: 4I� Scanned with ®CamScanner Docusign EnvelaM ID: 6527083D M03-8AC9-816F-WE6A82D616 GRANTEE NAME: Vaned CerMnaro. ANem Noss GRANTEE ADDRESS 365 N Shore Dr, Miami Beach, FL, 33141 Please fill this form out for the indial submission of your Brant agreement and for each subsequent mlmb rsament request and project update. Budget Line Item Description of Espenan: Espeoted Cost Law Costs: $6.100 imo,rmmma.a aae ere easwooaa.�n�s'. a a. Im e.: ei. m uaano ern am�e and rourre aaawaiay �;a.'.,,P.�ieo� D"VitandArtlMac6A: $5.000 e,�P Mwnawrea �rrmnape P�m..ar�i0iamie.rvuinti mri'ar. [m,nrv. s,nl, don ywni mq Permits: Sz5w anwW& DERM eeama IL. Foam, Iur UP-,., p'a Rip aM Nmy CorPf innnerryl4 Xm'vmmemel4cr reipnitieesYP $24000 Cm mnaPve:—f-1e rx np m0. tlmvrP�fam�mronn s, Wcoo'�e" m.sminl...o,mP rlm.'a� m,fle e<an°e�m�.Jl p. l2Mrnse: 5000 mmewminmaniam. el am �mfiwa. tm ft dmmP '��u-oti a osts: Other. TOTAL: Ca sicior3W 100 Permits azwo Orsntw Initials: &/ �— _.._._.._._..... Scanned wieM1 �CamScanner pocungn Envelope ID: 6527083D-UO3-8AC7-816F- A E6A821),616 HIS T C GRANTS TATUS RXEPORT INSTRUCTIONS Exhibit C — Project Reporting via Submittsble The City of Miami Beach Private Property Adaptation Program requires regular project reporting to monitor project progress and support successful completion of funded projects. All project reporting Shan be coordinated through Submitlable, the same software platform the Grantee utilized to submit their application to the Program. A standardized, fillable reporting form has been developed within Submiltable and will be assigned to each Grantee. Reporting Requirements • Due Date: Reports must be submitted by the 15th of each month or quarter, as specified in the grantee's grant agreement. • Frequency: Reporting is required on a monthly or quarterly basis, as outlined in the grant agreement, and must continue unfit project completion and final closeout approval. • Completeness: All required fields must be completed. Reports that are incomplete may be returned for correction. • Compliance: Failure to submit timely and complete reports may result in loss of funding eligibility and removal from the program. How to Submit In Submlttable 1. Access the form: Grantees will receive an email assigning the reporting form, sent to Die email address used to register their Submitlable account. The form can also be accessed by logging Into Submittable and selecting the "Forms" tab, where the assigned "Monthly/Quarterly Repot" will appear. 2. Open the reporting form: Select the appropriate reporting period from the dmpdown menu. 3. Complete all fields: Provide contractor Information, project updates, expenses, permit numbers, and any Issues or delays. 4. Upload photos: Attach Gear progress photos documenting project activities. 5. Ravi" and certify: Verity accuracy and completeness, then confirm authorization in the certification section. 6. Submit by the deadline: Submit the report no later than the 15th of the fogowing month or quarter. Link to Submlttable Login hues://www. submittable.com/siandn Page 24 1 AQ Grantee Initials: V v ............... Scanned withwith WCamScanmer' Dmusgn Envelope ID: 6527063D 03-aAC1-e16F-3A4EW2D616 EXHIBIT D GRANT REIMOU13SEMENT RE91JEST FORM An updated Project Budget (Exhibit B) and Status Report (ExMbll C) must be attached to this form to receive payment. Plows Inciude ell associated Expenditure aril Payment Documentation (as defined In Section 6), including itemized bilk from the contractor and photo documentation of the work comploted. Grantee shall ensum that the total expenditures s,b OU d M this Exhibll D accurately rafted the sun of all subrMaed Invoiced. The Grantee acknowledges that (1) for roimbumamenl to be processed, all submitted P OOIS of payment must match the total of submitted Moices and (2) only Pmiacl costs that are directly related to flood mitigation, in the City's we discretion, ere reimbursable. City necessary right to request. and Grantee shag pr omptly provide, any additional information City deemsry process a Grantee reimW rsement. Total EzpentliNres:� Ceraflcatlon of Payment: 1 certify that the above expenses wen necessary and reasonable for the cnmpledon of the Project and In accordance with this Agreement. I further warrant and represent that these expenses have not been, and will not be, covered by any other third -parry funding source, including underany other separate agn»rrord between the City and Grantee. Granite Request Prepared By: W rid C Q no Name Sig tum— ate Cloy of Miami Beach Request Reviewed By: Slgnature/Date Page 25 Grantee Initials:` CamScanner p Dmusign Envelope 10: 6521093Da1039ACTA16F-IME6A920616 EXHIBIT ALTERNATE PROJECT CATEGORIES Upon the written approval of the Contract Administrator, the Grantee may substitute its Project for a Project of equal or great& flood mitigation effectiveness as described below (Adaptation Allemativii Adaptation Alternatives shall be categorized based on the targeted Improvement area and flood type. Some project types may fit in multiple categories', A. Category A shall Include Improvements to the building envelope for habitable spaces For any flood type. In order of most effective to bast effective, urdess otherwise demonstrated by the design professional, project types in Category A Include: A.1. Building Elevation A.2. Dry Floodproofing A.3 Electrical and Life Safety Flood Protection Mechanical Systems Flood Protection A.4. Temporary Flood Barriers for Openings A.S. Sanitary Sewer Backilow Prevention B. Category B shall include improvements to the building envelope for non-habdable spaces for any flood type. In order of most effective to leas[ effective, unless otherwise demonstrated by the design Professional, project types in Category B include: 8.1. Building Elevation B.2. Dry Floodproofing and Crewlspace Improvements 8.3. Temporary Flood Bamers for Openings 8.4. Wet Floodproofing B.S. Flood Resistant Building Materials C. Category C shall Include improvements to the property site for storm surge flooding mitigation. In order of most effective to least effective, unless otherwise demonstrated by the design professional, Project types in Category C include: C.1. Fbodwalts and Levees or Berms C.2. Temporary Flood Barriers for Perimeter Areas Temporary Flood Barriers for Openings C.3. Stormwater Backflow, prevention D. Category D shall include improvements to the property site for rainfall flooding mitigation. For projects In Category D differing from the Phase I recommerdalbrn to caloulerdns must be submitted demonstrating an equal or greater effectiveness to be eligible. Project "a in Category D include: D.1. Permeable Concrete Pavers or Green Roofs Rain Bartels and Cislems French Drains Rain Gardens E. Category E shell include Seawall Improvements. _.... __......... scw,naa wfien m CamScanner'. Docesgn Envelope ID: 6527001 8403 U-816F-2ACEBA821)616 EXHIBIT F CONTRACTOR CERTIFICATION OF WORK COMPLETED TEMPLATE Re Contractor Cerbficaton of Work Campletad Pursuant to the Private Property Ad.,Wo,n Grant Agreement (the 'Agreanere') between ('Owna/) and die City of Miami Beath (the 'City). located at (IM ProperlY) Me. Beach_ F DWa 33139 (DATE) Dear City of Memo Beach The a dersgrned Contractor certifies that 10 the best of the Contractors coveredkrgw4rdpe, mlpmalon and belief, the work covered in this Con4adp Cerogcabon, has been completed rn accontence vnth the plans and permits submitted to and approved by the C ty Comrade Mlher certA,es that the work completed adheres to all relevant regulations and standards for this pm;ect. Contractor firth r eWgwledges that the follovnng wpp:.ers, contractors or Woconyadoz have Provided suppfies W Pedonned Work in connection wM the above Werencod Reouesl for Osbursemengs) NONE or fist. and By Pmt NerlWFrtla Stale of County of The foregoing instrtanent was acknowkyged before me by means of O phyLcal presence of ❑ Onbne notanzabon, this _ by krrOwn to me to be the person described harem, or who prcducad ay identification, and who did/did not lake an oat. NOTARY PUBLIC. (S;—W ) (Pool Name) MY commission expires: Scanned wIM (OCamScanner' Docusign Envelope ID: 6527083D-8403-1111-1161-3MEFiA M16 NIB��7 QMER ACKNOWLEDGEMENT OF TCMPOIURYF 000 BARRIER RESPONSIBILITIES TFss downers serves as a formal 3ckh0NrWd9Mwt by the unoersgred property w,W,) rrgardyg the pwo se, nataaa5on, mMln;gnatlCg MC use d temporary hood berg,,, PfOPerty Impmatlon • Property Dwrwr • referrW to as wW PnWrty, Address 'W(Tpr UGnglTO ' '2C C N S'11oK VF h Ptn �p��33t� ( Acknowledgemarl Stasemems By S gmrg bel0•w, fie property Owner affront urtdea pind.ng ano acceptance of the loilowrg t Residual Rmk Temporary flood Daman may be ovMOpped a lag d Impmpefly "Wiled ma4taned They do nol ekmnate flood ns4 2 Code Compliance Temporary banners do not Mlrq the bu,idrg nto dompkerue with the aood.,esgbnt Construtaon regwrements of the F4NIda Bl.ldrg Code. 3 Structural Pressure Even when pmperly Instaaed, terpwary barters may cause damage due IO wa:e pressure against wtoclunll eiemertts. a learmd Reyuiremame. Bulldrg pemvts are equyed for any mdo.f"ul made to acconnk%1a:e lempwaly DamwJ,,, such as ntowd.tg bracket w structural re.nfocemems 5 Maimerurtce Re iponslbllety The property owner a wey respomlbw for martta:nrtg a' temporary Demers am asaoaattd devices 6 MomtOHng and Installation The properly owner must montor weather mr a,bora and ens fe PmPer tn9laaalbn of IMPeary bamlersm xcOnance wdh man W,,ar Weal prdess•01al In ructions 7 Evacuation Protocol The oreperty owner agrees to evacuale the buddng aRe Matal lempowy Dame's S lMurance Diiclaunec The ply 0( 104m1 Beach nukes M guarantees regarernq the MWI of Iemperwy barriers Insurance on Insunce Coverage prem ums, 0, claims 9 City at Fundor. The propMy owner assumes lug respohl for the Porches", oslara:,un, man'enance and uM of the lerPorary lbod Demers The ply of Mbml Beall, Ficnda (the -Cdy) ,s softy provtorlg 4utdvg_ on a renmwsem" beta. toward the pu`C'Nus and Insbllasan Of lemPOrary flood barmen which most ha Cltys requvemenb for the temporary flood tamer 5,"4y program (Py'Progran'1 The ply does not make My npresenbsons a wgmantlaa as io dm guakty a Gklesa for a parllWer P✓Po of Ota temporary Two Dames. Further, the CM makes no gua antaes M as payment Of the suOsley The pry Manager's defogmel n the pty Manage; s deow" 0 C'l d.sc+elon, 17etermnea whereOwner's or not Oer's re/mbunamMl reguail neta at we Ay s Program regu+emgnts 10 Rafael and Hold Harmeas: The PrOP" owner hereby relea al am holds harries,, the CMy Of Miami Beach ar4 tar olf.cers. erployeag, agres. grid conasctonrl gro , ewg agYnaf amy 1Aa as ae:nns (whether at W. a n aRZ stems. rac etat. being, and Merri s, mf'.lbry. but not I,m ted to. atbrneY3 Ig h, and O U%. or pe,, ,,,a, g¢,n5r•en w W'JY at ury, wrongld death. logs of or damage to property. MU may W" w he all 10 tulle arson n rark,ertlo„ wth rebted to e es a r"oK or 0resher'5 fv,Sees ms:a4rP.r, ma+'.bnance, w use of me tempo," flood Demers Sgrtatuh, aged Ndarualon Scnrnvd.11h 10 CamSwnngr Dmusign Envelope ID65270830.8403-8AC7-816F-3A4EGA82D616 l en-4-Vied, ewuw4nye end neap) VM eboa fmfgnebelke and arMdoa. ft*PQbOwmfblyab ,:11 Wwa of PlePfayowaf: 1'LInNa am"It PI A_OV wainaw11n.t agneMe'': 7y1f1_ flanrofPmp"oemee:. Aaw,,oya6s Dab:_ y�1a+16 Skilled _.LLO(ZtlpA fAeeyr M-A b F rOWOVAM the atlmoMedaed bete me by 1nMM IW Bpllyaler Dawfa p0 1� day of heft " 202_b b5, mebbehpenon(a deav-0ed Heine Mro WW ow 3� b C eea;;;:bee.endModWddrolbbemab. fF V✓; f5 LI )EI3 Si/AQ�AS/rP �"1i55WVJ/'e dIAWISCNM UWJ Dalc Pr�l I__�. e�01e701 b '03� o EVlr." .yn.= Pepe 20 Diva Idliab: Scanned with m CamScanner Docuegn Envelope 10: 6527MD-8403-8AC7-816F-3ME6A62D816 X BI CITP3 AFFIDANTa sun CERTIFICATIONS This Exhibit includes affidavits and canificatiorls required under applicable Florida law and Uxs Cade of the City of Miami Beach in connection with the execution and administration of tMs Agreement. To ensure acknowledgment and understanding of each requirement, the Grain" shall Initial each Section included In this Exhibit. The act of Initialing confirms the Gntee's review of, andagreement to, the statements contained therein. The Grantee Shall also sigran and notarize the acknowledgment at the end of this Exhibit, affirming the truth and accuracy of as initialed statements. This Exhibit must be completed by a person authorized to make the following ettestawn, on behalf of Grantee: Initials (L(P4 In accordance with Section 787.06(13), Florida Statutes, incorporated herein by reference, the undersigned. on behalf of Grantee, hereby attests under penalty of perjury that Grantee does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled 'Hund n Trafficking'. Initials (A) In accordance with Section 2-375.2 of the City Code, incorporated herein by reference, he undersigned, on behalf of Grantee, hereby attests that Grantee will comply with act relevant enbdiscrimimlion laws, including the antFboycog previsions of Section 2-375.1 of the City Code, and athrms that Grantee will not engage in a boycott of Israel, antisemitic discrimination or anbsemilic speech in conjunction with Project. Initials (Lj In accordance with Section 2-375.3 of the City Code. incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests that Grantee will comply with as relevant enUdlacnminetion laws, and effirms that Grantee will not engage in discrimination based upon any classification category as Set forth In Section 62-31 of the City Code in conjunction with the Project. (SIGNATURE PAGE FOLLOWS) Page 30 Granted Initials: Scanned wnh 0 CamScarner' Docueign Envelope ID: 6527063DA001bAC7-616FJAORMD616 BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAITTS AND CERTIFICATIONS IN SECTIONS 1-4 OF THIS EXHIBIT. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made In this Exhibit and thel the punlshmard for knowingly making a false statement may include fines and/or knpriaonment. The undersigned is au"e'rized to execute this affidavit on behalf of Grandee GRANTEE: Vanesa Carpignano. r� h 11 /1 (A1Wreas) Print Name: I QB 0. l..Q('7i b Go State of H _ County of The foregoing Instrument was aclawaledged before me by mears 0 physical presence or ❑ Wine a notarization, this 7 41 day of o me 2024c_ by Vaness ascribed sin„ or who Carpgnano, produced as lderddjMIIon, and who dWdid rot lake an oath �RYfUBN (Print Name) L�7-'y/ ytppR•I SS ? �SCOk' b My commission expires: J' T� r c Scanned wIM 10 CamScanner' D xign Envelope ID:6522083D-8403-SAC]-816F-3A4E6A82D616 MIAMIBEACH Contract/Document Routing Form 2025-CMB-PPA-2548 I Private Property Adaptation Program— 365 N Shore or, Miami Beach, FL 33141 This is a grant being awarded to multiple grantees. This specific form pertains to Vanem Carpignano as part ohe Miami . The grants are made possible through Resolution No. 2020-315 which f t Beach Private Property Adaptation Program created a new "Miami Beach Resilience Fund' and allocated $666,666.00 annually from 2020. This fund was extended to 2030 through Resolution No. 2025-33530. The applicant will be using the PPA funds to contribute tpwartl the installment of a new seawall cap project to protect against storm surge and tidal Flooding. Original Term Renewal Periods Total Term (Original ♦ Renewals) Grant Funded L.J yes I % I No State Federal Other: Cost & Funding Source Year Annual Cost Account 1 720,000 112-0830-000343-36-402-518-00-00-00,66221 Require Enhancement Yes % No 2 3 Yes No 9 Ves No 5 Yes I I No Yes 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation No needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating bud et. ity Commission Approved: I % I Yes No Resolution No.: CC Agenda Item No.: [[Meeting Date: 2022-32426 CTC 12/19/2022 n no, explain why CC approval is not required: egal Form Approved: %I Yes I I No If no, explain below why form approval is net necessary Compliance Procurement: Approvals N/A (see attached) Grants: ry/q Budget Sluvd e. IaM4. Cge Information Technology: ry/p Risk Management: N/A Fleet & Facilities: N/p Human Resources: N/A Other: Reviewed 511o�+,*�w..n_ `'