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HomeMy WebLinkAboutPrivate Property Adaptation Program Grant Agreement between the CMB and The AA Residence TrustDacusign Envelope ID: 2378E2A5A654-8986-6258-2B69A5AF39B0 2022-321Jz(o !'v/'Wv1i BEACH CITY OF MIAMI BEACH PRIVATE PROPETY ADAPTATION PROGRAM MATCHING GRANT AGREEMENT GRANT PROJECT No.: 2025-CMB-PPA 2510 This GRANT AGREEMENT (hereinafter the "Agreement") is made and entered into this 5 day of May 2026 by and between the City of Miami Beach, Florida (hereinafter the'City"), and The AA Residence Trust, by and through its Trustees, Aaron Zielski and Annie Zielski, (the'Grantse"). This Agreement is effective May 1, 2026 (the 'Effective Date'). ARTICLE I I GRANT DESCRIPTION All, 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 The AA Residence Trust 1 A•, i3<., t 4L -J3 wo S0r-rld-Sf66 o,bre., ®.�1z1.•... >. •,."• 5025 La Gorce Dr, Miami Beach, FL 33141 LOWER OF 50% OF VERIFIABLE PROJECT COST OR $17.500 See Article II and Exhibit A hereto See Exhibit 8 hereto 05/01 /2026 -fin 512027 5/1512027 REQUEST DEADLINE: Sixty (60) days from the Project Substantial Completion Dale 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 Dowsign Envelope ID: 2318E2A5 654-89B6-8258-2B60A5AF30BD Exhibit H - City's Affidavits and Certifications IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: Rafael E. Grenade, City Clerk JUN 2 5 2026 Date FOR GRANTEE ATTEST: t A, , Witness Signature /Vi/ZIZTC-a- Print Name Date e By. N B:Ede Eric T. Carpem r, City Manager `r• a `: i I.INCORP DAA1EQy ITH The AA Residence Trust Page 2 By: Aaron Zielski, Trustee By: 4�1_ nnie Zielski, T tee APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION fib AttoDate Docusign Envelope ID2318E2AS8654-09B6-825B-2B60A5AF308D ARTICLE 11 I GRANTEE PROJECT PROPOSAL (CITY USE ONLY) Protect Scooe Eligible for Proaram Funds Costs eligible for cost share and reimbursement are limited to those flood risk mitigation activities described below and in this Agreement. Other construction, renovation, beautification, and demolition costs associated with the Project (as defined below) that do not directly relate to Flood mitigation will not be eligible 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 II and the terms set forth in Exhibit A, attached hereto, the terms of this Article II shall govern and control. The Private Property Program -related project scope is limited to the following flood mitigation improvement activities: Installation of French drains and replacement of the existing driveway with a permeable paver system. The French drain system will improve on -site drainage and reduce ponding along the south side of the property. The permeable paver portion of the Project includes demolition and removal of the existing driveway and installation of a Tremron Old Towne Paver system with an infiltration rate of 1,120 inches per hour. All permeable paver work will comply with the PPA Permeable Paver Guidance, including the requirement that the system achieve a minimum infiltration rate of 600 inches per hour. The Project will meet all applicable City of Miami Beach permitting requirements and will require a Driveway Building Permit and a Right -of -Way Permit. The Grantee must submit MONTHLY status report updates to the City. Page 3 Docusign Envelope ID: 2310E2A5-0654- 986- 258-2BNMAF38BD ARTICLE II / GRANTEE PROJECT PROPOSAL (CITY USE ONLY) Reoorina Reauirements Grantee must submit the status reports to the Contract Administrator as provided in Exhibit C, attached hereto and incorporated herein. Reports must be submitted timely, on the due date indicated in the Reporting Schedule section, below. Monthly reports are due on the 15" of each subsequent month. Example: the report for March 1 to March 31 is due on April 15. Quarterly reports are due on the 151h of each month after the end 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 the Project to receive grant funding and withdrawal of the Grantee from the program. Reporting Schedule: N Monthly (Jan; Feb; Mar; Apr; May; Jun; Jul; Aug; Sep; Oct; Nov; Dec) ❑ Quarterly (Jan 1 — Mar 31; Apr 1 — Jun 30: Jul 1 — Sept 30; Oct 1 — Dec 31) Project Substantial Completion Date: 5/15/2027 Estimated Project Cost: $75,000.00 Estimated PPA Funds to be Expended: $17,500.00 Page 4 Docusign Enebpe ID'. 2318E2A546544986-825B-2B60A5AF30BD ARTICLE III I GENERAL CONDITIONS 1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a municipal corporation organized under the laws of the State of Florida. The City has delegated the responsibility of administering this Grant to the City Manager orthe City Manager's authorized designee (the "Contract Administrator"). 2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the flood resiliency improvements at the Property (the 'Project") as specifically described in Article II and Exhibit A, attached hereto and incorporated herein (individually and/or collectively, the "Project Description'). Any modification to the Project Description shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Notwithstanding the foregoing, if it becomes impracticable for the Grantee to construct the Project, the Grantee may, with the City's prior written consent, pursue the alternate project, if any, described in Exhibit E attached hereto and incorporated herein. If the pursuit of an alternate project is approved by the City, then such project shall be deemed the 'Project"for all purposes of this Agreement. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for goods or services to be provided within the City of Miami Beach. To the extent the Project Includes temporary flood barriers, the Grantee hereby acknowledges, and shall comply with, the requirements set forth in Exhibit G, entitled Owner Acknowledgment of Temporary Flood Barrier Responsibilities, attached hereto and incorporated herein by reference. 3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee by the City under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. Grantee acknowledges and agrees that the Grant under the Private Property Adaptation program (the "Program') is a matching grant whereby the Grantee agrees to match the Grant with an amount that is equal to or greater than the Grant amount using funds provided by Grantee or another source. Grantee further acknowledges and agrees that the Grant shall be paid on a reimbursement basis and Grantee shall be required to pay for the expenses of the Project in full prior to receiving any Grant moneys from the City. Exhibit B (Project Budget), attached hereto and incorporated herein, includes an estimate of the Project cost. At such time as Grantee has executed agreements with its design professional(s) and contractor, Grantee shall submit a revised Project Budget which shall reflect all sources of funding for the Project; the sum of such sources (including the Grant) must equal or exceed the Project Budget. If at any time the Grantee anticipates that the total Project cost will exceed the Project Budget, Grantee shall provide prompt written notice to the City which shall include: (a) a revised, detailed cost estimate for the revised Project cost and (b) documentary evidence reasonably satisfactory to the City Page 5 Dowsign Envelope ID: 2316E2A54i65<4i9B6 25&2B60A5AF308D regarding Grantee's sources of funding for all costs in excess of the Project Budget. Grantee shall be permitted to modify the Project Budget to increase any line item(s) by decreasing other line item(s) to account for changes in actual costs so long as such modifications do not alter the scope of the Project. If Grantee wishes to revise the scope of the Project to enable it to complete the Project within the Project Budget, the Grantee must obtain the approval of the City's Contract Administrator. 4. PROJECT UPDATES AND REPORTS: This Grant has been awarded with the understanding that the activities and services contemplated under the Project Description will contribute to the City's overall flood resilience and flood mitigation efforts. To demonstrate that the Grant is being used in accordance with the description of the Project as reflected in Article 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 Contract Administrator as provided in Article II (each, a "Grantee Report"). Each Grantee Report shall include (a) the most up-to-date line -item budget detailing all expenses up to the point of Report submission, (b) all contractor quotes not previously submitted to and reviewed by the City, (c) all architecture and/or contractor designs and/or construction plans not previously submitted to and reviewed by the City, (d) a brief description of Grantee's progress on completing the Project, including any challenges, difficulties, or other issues the Grantee has experienced, (a) photos of the Project's progress before, during and after as work is completed, and (f) the Contractor Certification of Work Completed Template (attached hereto as Exhibit F). Upon finalizing the Project scope with Grantee's selected contractor, Grantee shall request a final cost proposal or agreement from the Contractor (the "Contractor Proposal"). The Contractor Proposal shall include the final scope of work for the Project (the "Final Scope of Work") and an itemized breakdown of all Project costs. The Final Scope of Work shall be prepared by the Contractor and submitted by the Grantee as an attachment to the next applicable Grantee Report, in accordance with the reporting schedule established under this Agreement. The Final Scope of Work shall include (1) a detailed description of the work to be performed under the Project, with all flood mitigation activities clearly identified and distinguished from any general or non -eligible work, (2) a clear description of the nature and extent of all improvements proposed, which must correspond to the Project as described in this Agreement, (3) an itemized breakdown of all major project components, including individual costs associated with each line item, (4) the total Project cost, (5) a payment schedule identifying all payment milestones associated with the progression of work, including items such as, deposits, commencement, progress intervals, and final completion, and (6) the full legal name and contact information of the Contractor, the name of the Property Owner, and the address of the Project site. In the event that any amendments are made during construction that alter the original scope or budget, the Grantee shall submit an updated Final Scope of Work reflecting such changes prior to submitting a request for reimbursement. Page 6 Dowsign Envelope ID: 2318HA5-865489136-82513-21360MAF30BD In addition to the required reports, the City reserves the right to request additional reports and/or information at any time. Upon the completion of the Project, Grantee shall submit a final report ("Project Completion Report") with a description of the completed Project on or before the Final Reimbursement Request Deadline. Grantee acknowledges that Grantee's failure to submit reports to the City by the agreed upon deadlines may result in the ineligibility of the Project and/or the termination of the Agreement by the City. 5. PROJECT TIMELINE AND SUBSTANTIAL COMPLETION: Grantee shall use commercially reasonable best efforts to commence Project -related construction activities within one year of the Effective Date. Grantee acknowledges that failure to commence Project -related construction activities within such one-year period may result in the termination of this Agreement and rescission of the Grant; however, the Contract Administrator may extend the time for initiating Project construction in his/her sole discretion. Further, Grantee shall use commercially reasonable best efforts to ensure the Project achieves Substantial Completion (as defined below) on or before the Project Substantial Completion Date set forth in Article I. A. For purposes of this Agreement, "Substantial Completion" means the following: (i) If the Project (or portion thereof) entails construction, the date when the work constituting the Project, as certified in writing by the Grantee and the lead design professional (i.e., the 'architect of record' or the "engineer of record," as the case may be), if any, has been developed, designed, engineered and constructed in accordance with the applicable contract documents such that all conditions of permits and regulatory agencies have been satisfied and the Project is ready for occupancy (if applicable) and utilization for the uses and purposes intended, without material interference from incomplete or improperly completed work and with only minor punch list items remaining to be completed, all as reasonably determined by the lead design professional, and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction (if applicable); (2) the issuance of a Certificate of Substantial Completion by the lead design professional for any portion of the Project for which a design professional was engaged; and/or (3) such other documentation as the City's Contract Administrator may reasonably request as evidence that the Project has achieved Substantial Completion; and (ii) If the Project (or portion thereof) entails the purchase of equipment, the date that such equipment has been installed in accordance with all applicable manufacturer instructions and building codes such that the Grantee will be able to use such equipment for its intended purpose(s). Page 7 Dowsign Envelope 102318E2A5 65-88B6-825B-2B60A5AF30B0 B. Proiect Extensions. At least one (1) month prior to the expiration of this Agreement, if the Grantee expects the Project will not achieve Substantial Completion by the date set forth in Article I, Grantee must request an extension to the Project timeline by sending the City a written request detailing the reason for the extension and the amount of time requested. The City reserves the right to accept or reject a Project extension request in its sole discretion. 6. REIMBURSEMENT REQUESTS: Prior to submitting a reimbursement request, Grantee shall complete its registration as a City vendor on the City Vendor Self Service website. Grantee shall include its vendor ID number in the space provided on all reimbursement requests. GRANTEE ACKNOWLEDGES THAT GRANTEE'S FAILURE TO INCLUDE ITS VENDOR ID 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 or, if Grantee has obtained the City's prior written 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 Project. 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 Completion 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 invoices submitted; (d) all Expenditure and Payment Documentation, including invoices and receipts, with each invoice cleariy detailing the specific scope of work completed under that payment installment; (a) documentation confirming that Grantee's permit has been closed or finalized and that the final building inspection, along with any other required inspections, has been successfully completed: (f) a notarized letter (or unsworn declaration in compliance with Section 92.525(2) of the Florida Statutes) from the contractor confirming that the Project was completed in accordance with the specifications outlined in the Contractor Proposal and plans submitted for any applicable permits; (g) clear, high -quality photographs of the Project site before, during, and after construction, with sufficient detail to confirm that the work was completed at the Property; and (h) proof of active flood insurance covering 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 denial of reimbursement. Provided that an uncured default does not exist, and that Grantee is in Good Standing (as defined in Section 28 below) with the City and otherwise in compliance with the terms of this Agreement, the City shall disburse the Grant within forty-five (45) calendar days of sending the Grantee written notice of the City's receipt of an acceptable Reimbursement Request. For the avoidance of doubt, the amount to be disbursed shall not in any event exceed the lower of (i) the Grant Amount set forth in Article I or (ii) fifty percent (50%) of the final Project cost. The City shall have no obligation to Page 8 Docus gn Envelope ID: 2318E2A6-885489eE825e-2680A5AF301313 disburse to Grantee any portion of the Grant Award which remains unused at the completion of the Project and Grantee shall have no claim to such unused portion of the Grant Award. 7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used for any purpose unrelated to the Project. Without limiting the foregoing, the following expenditures are expressly prohibited: fences and gates; electrical wiring; landscaping lights; boulders and landscape features; irrigation systems; monument signs; swimming pools; hurricane windows and shutters; tree planting (except as permitted in connection with a rain garden or other approved flood mitigation project); harmonization projects; fountains; cosmetic or decorative lawn items; remuneration of City employees for services rendered as part of a project funded by this Grant; debt reduction unrelated to the Project; or lobbying or propaganda materials. Grants may only be used for the City -approved Flood 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 performed. Further, subject to the City's obligation to disburse the Grant on a matching, reimbursement basis in accordance with the terms of this Agreement, Grantee shall be solely liable for all expenses incurred in connection with the Project. 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 not 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 vendors. Without limiting the generality of the foregoing, the City 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 Manager or the City Manager's designee may monitor 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. 11. ACCOUNTING AND FINANCIAL REVIEW: The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with Page 9 Dowsign Enelope ID: 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 limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal years) for which they are approved and retained in Miami -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 specified in Article I of this Agreement. These books, records, 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 Code 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 proposed City programs, accounts, records, contracts 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 include 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 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 corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector 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 Dowsign Envelope ID: 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 corruption. 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 -related 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 records 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, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated unfit three (3) years after any resulting final termination settlement; and i1. The Grantee shall make available records relating to appeals or to litigation or 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 Dowsign Envelope ID: 2318E2A5-865 89B6-825B-2B60A5AF30BD 13. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify, defend and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attomeys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or 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, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by 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 attorneys' 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 save 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 its subcontractors, subconsultants, agents, servants, 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, subconsultants, agents, servants, or employees (excluding negligence of the City), in connection with the construction activities of contractor or consultant (as applicable), or any of its subcontractors, subconsultants, agents, servants, or employees connected with the Project; or by use of any improper materials or by or on account of any act, error or omission of contractor or consultant (as applicable) or any subcontractor, subconsultants, agents, servants oremployees, except to the extent any such injuries ordamages are 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 Dowsign Envelope ID: 2316E2A5 W8 89136-825H-2B60AMF3013D contractor or consultant (as applicable) shall 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 claimed 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 orthe 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 Miami -Dade County'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, which is incorporated herein by reference as if fully set forth herein. Grantee acknowledges that nothing in this Agreement shall relieve the Grantee of its 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 City's land development regulations (such as converted garages, impervious surfaceslpaved areas, patios, etc.) may only be eligible for Program funding if Grantee provides records to the City evidencing the City's 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 Gram reimbursements. 17. DEFAULTITERMINATION 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 City may terminate this Agreement and cancel the Grant by written notice to the Grantee, and the City shall thereafter have no 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 Xwsign Envelope ID: 231BE2 5-8654-89B6-825B-2B60A5AF30BD agreement for the services of an appropriate design professional within six (6) months of the Effective Date, (b) Grantee fails to execute an agreement with a contractor within one (1) year of the Effective Date, (c) Grantee fails to submit all necessary pennit applications to all governmental authorities having jurisdiction within one (1) yearof the Effective Date, (d) 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 cure 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 Agreement. Notwithstanding the foregoing, if Grantee cannot reasonably cure 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 commences diligent efforts to cure within the initial thirty (30) day 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 sole and absolute discretion, to terminate this Agreement and cancel the Grant if it is not 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 Records law under Chapter 119, Florida Statutes, as may be amended from time to time. B. The term "public records" shall 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, or 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 Docusign Envelope ID: 2318EM&B65 9B&825&2B60AW30BD C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of "Contractor' as defined in Section 119.0701(l)(a), the Grantee shall: i. Keep and maintain public records required by the City to perform the service; Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected 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 are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does not transfer the records to the City; iv. Upon completion of the Agreement, transfer, at no cost to the City, 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 of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information 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 or copied within a reasonable time. ii. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, 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 15 Docusign Envelope ID'. 2318EEAS8654806-825B-2BWA5AFMBD iii. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. E. CIVIL ACTION If a civil action is filed against a Grantee to compel 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, if: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written 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. ii. A notice complies with subparagraph (i)(b) if it is sent to the City's 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 carrier 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 format. iii. A Grantee who complies with a public records request within 8 business days after the notice 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: RAFAELGRANADOQilMIAMIBEACHFL GOV Page 16 Dowsign Envelope ID: 2318E2A5-885489B8-825B-2B80AMF30BD PHONE: 305-673-7411 20. WRITTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the Contract Administrator, as identified in Section 21. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee. 21. CITY CONTACT: All contract related questions, reports and requests for reimbursements to be submitted to individuals listed below: Sustainability and Resilience Division MBRisincAbove0miam i beachfi.cov Amy Knowles, Chief Resilience Officer An yKnoWlesanniamibeachfi.aov ARTICLE III I MISCELLANEOUS PROVISIONS 22. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 23. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either parry's right thereafter to enforce or compel strict compliance with every term, covenant, condition 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 the City department(s) administering the Grant or the Grant Award. Further, for purposes of this Agreement, the Project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors and solely responsible for the Project. The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and/or subcontractors shall not act as, nor give the appearance that they Page 17 Dowsign Envelope 10: 2316E2 5-8654-89B6-825B-2B60A5AF30BD are, agents, servants, joint venturers, collaborators or partners of the City, the City Commission or the department(s) administering the Grant or the Grant Award, No Party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other Party, nor to have been authorized to incur any expense on behalf of any other Party, nor to act for or to bind any other Party, nor shall an employee claim any right in or entitlement to any pension, workers' compensation benefit, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. 25. NO THIRD -PARTY BENEFICIARY RIGHTS: The terms of this Agreement inure to the benefit of only those Parties named herein. This Agreement is not Intended to and shall not be construed to give any third party any interest or rights, including without limitation third -party beneficiary rights, with respect to or in connection with any agreement or provision contained herein or contemplated hereby. 26. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 27. CONTRACT REPRESENTS TOTAL AGREEMENT: OPPORTUNITY TO REVIEW: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this Agreement and its attachments, are to be considered in construing its terms. No modifications or amendments to this Agreement shall be valid unless made in writing and signed by both parties. Notwithstanding the foregoing, the City may, at its sole discretion, amend or revise the form or requirements of the exhibits to this Agreement from time to time. Upon such revision, the City may require the Grantee to use the updated exhibit form, which shall be deemed automatically incorporated into this Agreement and shall replace any prior version of the respective exhibit. For example, if the City revises Exhibit A and directs the Grantee to utilize the revised version, the updated Exhibit A shall supersede and replace the original Exhibit A in its entirety. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. Grantee represents and warrants that Grantee has reviewed the terms and conditions of this Agreement, understands all of the terms and conditions hereof, and has been given sufficient opportunity to review this Agreement with counsel of Grantee's choice or has voluntarily chosen not to do so. 28. GOOD STANDING: Grantee shall be deemed to be in Good Standing with the City of Miami Beach as long as the Grantee has no outstanding fines, fees, code violations or other issues of noncompliance with the City ("Good Standing"). Page 18 Dowsign Envelope ID: 2318E2A5-M8 89BG8358-2B80A5AF30BD 29. FORCE MAJEURE: A"Force Majeure" event is an event that(!) in fact causes a delay in the performance of the Grantee's or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, 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 the 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 tornadoes, 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, royalty -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 governed 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, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Grantee further covenants that in the performance of this Agreement, Grantee shall not employ any 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 tax 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: A. Grantee hereby agrees that, to the extent applicable, it will comply with Title VII of Page 19 Docusgn Envelope ID231 BUA&W548066825B-2BBOAW309D the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. B. The Grantee hereby agrees that, to the extent applicable, it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing and public accommodations, public services and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair 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 clear 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 Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 34. GRANTEE'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. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT: Grantee warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. 36. GRANTEE COMPLIANCE WITH SECTION 2-375.1 OF THE CITY CODE: In accordance with Section 2-375.1(2)(a) of the City Code, Grantee hereby certifies that Grantee is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 37. CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI. )TT REQUIREMENTS: As required by Section 2-375.2 of the City Code, Grantee has Page 20 Dowsign Envelope ID: 2318E2A 8654-09B6-825B-2B60A5A 30BD executed the Certification of Compliance with Antidiscrimination and Anti -Boycott Requirements, a copy of which is attached hereto as Exhibit H and incorporated herein. 38. CERTIFICATION OF COMPLIANCE WITH CITY ANTIDISCRIMINATION REQUIREMENTS: As required by Section 2.375.3 of the City Code, Grantee has executed the Certification of Compliance with City Antidiscrimination Requirements, a copy of which is attached hereto as Exhibit H and incorporated herein. 39. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL 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 aooly to the following: A. Any individual or entity that provides goods to a candidate for office. B. Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internal service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. C. Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 40. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED: Grantee hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (Pit), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(ay(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concem has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138 (1 xc), Florida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, Page 21 Dowsign Envelope ID: the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Grantee warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Grantee to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit', incorporated herein by reference and attached hereto as Exhibit H. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 22 Docusgn Envelope ID: 2318E2AS8654-89B&8258-2B6DA6AF30BD EXHIBIT A GRANTEE PROJECT PROPOSAL GRANTEE NAME: Aaron &Anne Law GRANTEE ADDRESS: 5825 LaGorm Drive FLOOD RISK MITIGATION APPROACH SELECTED (Select all that apply): © Report Alternative A a Report Alternative B ❑ Report Alternative C ❑ Other ❑ Expedite Program DESCRIBE MITIGATION PROJECT(S) TO BE CONDUCTED INCLUDING LOCATION ON PROPERTY AND APPROXIMATE SIZE: French Drain Punning along south we of property Wul need ability to pick up water al gueal house location in back of imparty and move wale( from bad yard along south edge & property toward front. WIII need to cross underneath newly elevated paver driveway and dump water into underground drainage larks. Approximate length 155 teat Expected Break -Ground Date (Approx.) cepehason permiditg process, but would start immediately after Obtaining permit. Expected Protect End Date (Approx.). 90 Itodays Expected Miami Beach Pennits: Driveway Other Expected Permits. Estimated Proiect Cost Around 751, Estimated PPA Funds to be Expended'. lick Contractors and Other Professional Partners: Company Description/Responsibilities Quote (attach) Contact Info Arbx J&T Driveway Pci leaves, ExvaYm, of concrete and Dbt for French drain system. French drain and Diepersement tank install (Adeclad) (305) 731-1651 Grantee Initials: A2 Docusgn Envelope ID: 2310E2A5-8654-8986-825B-2B60AW3060 EXHIBIT B PROJECT BUDGET GRANTEE NAME: Aaron Zielskl GRANTEE ADDRESS: 5825 La Gorce Dr Please fill this forth out for the initial submission of your grant agreement and for each subsequent reimbursement request and project update. Budget Line Item Description of Expenses: Expected Cost Labor Cmts: 1-alfor to exnvaba, haul tlebns, install French drain 34M system, install paver system, install house banks, Bong in fill to was, driveway Design and Architecture: Drea up plans slow to to su6mmed ba any for 3900 Uneasy permit Permits: Driveway Permit unknown,doetutasawarv; tt09 Around I Materials/Supplies: Pavers or dmeway l walkway. Frenar man 381 Material, drainage it,, mainage drums, and Nusedsd for dnveway Night increase Equipment Rental/Purchase: Insurance Costs: Other: TOTAL: 75000 Grantee Initials: AZ Dowsign Envelope ID. 2318E2A 65-89136-825B-21360AMF3081D EXHIBIT C GRANT STATUS REPORT INSTRUCTIONS Exhibit C — Project Reporting via Submittable 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 shall be coordinated through Submittable, the same software platform the Grantee utilized to submit their application to the Program. A standardized, fellable reporting form has been developed within Submittable 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 until 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 Submittable 1. Access the form: Grantees will receive an email assigning the reporting form, sent to the email address used to register their Submittable account. The form can also be accessed by logging into Submittable and selecting the"Forms" tab, where the assigned "Monthly/Quarterly Report" will appear. 2. Open the reporting form: Select the appropriate reporting period from the dropdown menu. 3. Complete all fields: Provide contractor information, project updates, expenses, permit numbers, and any issues or delays. 4. Upload photos: Attach clear progress photos documenting project activities. 5. Review and certify: Verify 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 following month or quarter. Link to Submittable Login hftps://www.submittable.com/sign-in ENVIRONMENT & SUSTAINABILITY DEPARTMENT DATE: 6/23/2026 70: Rafael Granado, City Clerk FROM: Amy Knowles, CRO/Director SUBJECT: Private Property Adaptation Program — Grant Agreement Rnntine• Amy Knowles, CRO/Director Maria Hernandez, Assistant City Manager Eric Carpenter, City Manager Rafael Granada, City Clerk x For: Information Only Review and approval x Signature Other Signature Other Comments: Enclosed please find 1 grant agreement for Private Prope7reviewed ion (PPA) participants: . AA Residence Trust, 5815 La Gorce Or, Miami Bea0 These agreements are authorized under Resolution 2022ich permits the City Manager to execute grant agreements. Each agreemn reviewed and signed by the City Manager. The grant agreement has been reviewed by the EnvironminabilityDepartment, form -approved by the City Attorney's Office,the PPA grantee, and approved by the Budget Department. R Sabrina Batlle, Ext. 26112 Date Oocusign Envelope ID: 2318E2A5-8659-69B6-8258-2B60A5AF30BD MIAMIBEACH Contract No. fl�� 2025-CMB-PPA-2510 Private Property Adaptation Program -58251a Gorce Dr, Miami Beach, Fl- 33140 AA Residence Trust ENV & $OSTr Department Director Name & Signature ACM Name & Signature Document Type (Select One) Type 1-Contract, amendment, change order or task Omer resullingfrom a procurement -issued competitive solicitation. Type 2-Other contract, amendment, change order or task order not resultingfrom a procurement -issued competitive solicitation. Type 3- Independent Contractor Agreement(1( Type 6-Tenant Agreement TYDe4-Grant agreements wl[M1 the Ciry as the recipient Type] - Inter -governmental agency agreement X Type 5-Grant agreements with the City as the grantor Other: This is a grant being awarded to multiple grantees. This specific form pertains to the AA Residence Trust as part of the Miami Beach Private Property Adaptation Program. The grants are made possible through Resolution No. 2020-31504, which created a new "M card Beach Resitlence Fund' and allocated $666,666.00 annually from 2020. This fund was extended to 2030 through Resolution No, 2025-33530. The PPA funds will be used to contribute toward the installation of a permeable paver system, as well as the instal lation of French drains to improve onsite drainage. Original Term Renewal Periods Total Term (Original t Renewals) Grant Funded: Yes X No State Federal Other: I Cost 1 512,500 112083OW0343-36-402-518-W 00-66221 Redume Enhancement Yes X No 2 Yes NO 3 Yes No 4 Yes No 5I Yes No 1. For contracts longer than five years, contact the Procurement Department, 2. Attach any supporting explanation needed. 3. Butlget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adoptetlo erating budget. ANNUL, Authority to Sign city Commission Approved. % Yes No 1 Resolution M. CC Agenda Item No.: 1 CC Meeting Date: 2022-32426 CTC 12/14/2022 If no, explain why CC approval is not requiretl: Legal Form Approved: I % I Yes I I No I If no, explain below why form approval is not necessary: Compliance Approvals (see attached) Procurement: N/A Grants: N/A Budget: T.wkc My Shwaf Information Technology: N/A Risk Management N/A Fleet & Facilities: N/A Human Resources: N/A Other: Reviewed b Y Y� ��y ufu`�(tOLwilU [ft„.6-7 .-7