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HomeMy WebLinkAboutPrivate Property Adaptation Program Grant Agreement between CMB & Merlyn Josende„ Dcwsign Envelope l0'. BOB7CF09-EA12-8DFMCBA-0628932AF1 D1 C 1 2 2 — 32 12b MIAMI BEACH CITY OF MIAMI BEACH PRIVATE PROPERTY ADAPTATION PROGRAM GRANT GRANT PROJECT No.: 2025-CMB-PPA-2506 This GRANT AGREEMENT (hereinafter the 'Agreemem.) is made and entered into this 6 day of J1Ae , 2026 by and between the City of Miami Beach, Florida (hereinafter the 'City'). and Merlyn Josende, a City of Miami Beach resident (hereinafter the "Grantee"). This Agreement is effective June 1, 2026, the'Etfedive Date.' ARTICLE I I GRANT DESCRIPTION GRANTEE: Merlyn Josende MAILING ADDRESS: ar .B I a ch. Ft -j3141 Miarrtt � g122 CITY. STATE, ZIP: WS- 312- 701-8 PHONE, FAX, E-MAIL: merlynicsende&0I.I.m 1792 71 St. Miami Beach, FL, 33141 PROPERTY ADDRESS: GRANT AMOUNT: UP TO $17.500 PROJECT DESCRIPTION: See Article II and Exhibit A hereto GRANT PROJECT BUDGET: See Exhibit 8 hereto ()6/01/2026 - 7/3012027 GRANT TERM: PROJECT SUBSTANTIAL COMPLETION DATE: 4/1512027 FINAL REIMBURSEMENT Sixty (60) days from the Project Substantial REQUEST DEADLINE: Completion Date following exhibits are attached hereto and incorporated herein by reference: EXHIBITS: The Exhibit A — Grantee Project Proposal Exhibit 8 — Project Budget Exhibit C — Grant Status Report Instructions Exhibit D — Grant Disbursement 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 Scanned with WCamScanner' . D..,v Envelope ID 80B7CF09-EA12-8DFM0BA-0628932AF1 Dt IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: By: Rafael . Granado, Gry Clerk 'Mt BEq"a Edo T. Carpenter City Manager ti JUL -1 2626 �— 's _IN[ORP OMiEO s Gate Marlyn Josende FOR GRANTEE: ATTEST: By: Sign tune Witness Signature Li0 �i %pS2(ttQ2- 1nrAY0. Mnf�vtf2 Print Name Print Name OL ( I I la03L Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION t 3 .�eCily Attorney :'.':a Date Sunirotl wiM ' ''. ®CamScanner Docusign Envelope ID'. 90B7CF09-BA12-8DF0.90BA-062693MF1 Dt ARTICLE 111 GRANTEE PROJECT PROPOSAL (CITY USE ONLY) Proiecl Scope Eligible for Proc ram Funds: Costs eligible for funding 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 disbursement and reimbursement. In the event of any conflict between the terms set forth in this Article It and the terms set forth in Exhibit A, attached hereto, the terms of this Article It shall govern and control. The Private Property Program -related project scope is limited to the following flood mitigation improvement activities: The installation of a permeable paver system will require demolition and removal of the existing asphalt at the front of the building. The Project includes installation of a Tremron permeable paver system with an infiltration rate of 1, 120 inches per hour. The permeable pavers will reduce runoff, promote infiltration, and improve overall site drainage. The Project shall meet all applicable City of Miami Beach peani0ing requirements and shall comply with the PPA Permeable Paver Guidance, including the requirement that the permeable paver system achieve a minimum infiltration rate of 600 inches per hour. Grantee must submit status report updates MONTHLY to the City. Scanned with WCamScanner' Do sign Envelope ID'. BOB7CF09-EA12-BDFMOBA-0628932AF1D1 ARTICLE II/ GRANTEE PROJECT PROPOSAL (CITY USE ONLY? Reporting Requirements: 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 W of each subsequent month. Example: the report for March 1 to March 31 is due on April 15. Quarterly reports are due on the 15^ 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: ® 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 Subs enlist Completion Date' 4/1512027 Estimated Proiect Cost: $17,940.00 Estimated PPA Funds to be Excended: $17.500.00 scennea with WCamScanner Docusign Envelope ID: 8OB7CF09-F 12-BDFO-80M-062893MF1D1 ARTICLE III GENERAL CONDITIONS 1. PARTIES: The parties to this Agreement are the Grantee listed in Article 1, 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 or the City Managers authorized designee (the 'Contract Administrator). 2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the good resiliency improvements at the Property (the -project-) as specifically described in Article II and Exhibit A. attached hereto and incorporated herein (individually andfor 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 Cffys prior wriffen 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-Projecr 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 good barriers, the Grantee hereby acknowtedges, 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 volt be reduced at the sole option of the City of Miami Beach. Exhibit B (Project Budget), attached hereto and incorporated herein, includes an estimate of the Project cost. Al such time as Grantee has executed agreements with its design professional(s) and contractor. Grantee shall submit a revised Project Budget which shall not exceed the Grant Amount (inclusive of any contingency amount) as well as a projected cash now schedule (the 'Cash Flow Schedule'). 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 regarding Grantee's sources of funding for all costs in excess of the Grant Amount. If the Project cost will exceed the Grant Amount, and Grantee is unable to provide satisfactory evidence of additional funding sources, Grantee shall either (x) revise the scope of the Project to enable it to complete the Project for an amount that is not greater than the Grant Amount or (y) select an alternate project listed in Exhibit E and submit a Project Budget for such alternate project in an amount that does not exceed the Grant Amount less any Scaonad calm 0 CamScanner D=nign Envelope ID. 80 WCF09-EA12-SDFFe0BAU628932AF1 DI amounts previously advanced by the City hereunder. Grantee shall be pemtified to modify the Project Budget to increase any line item(s) by decreasing other line items) 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 11 (each, a 'Grantee Report-). Each Grantee Report shall include (a) the most up•to-date pine -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, and (a) photos of the Project's progress before, during and after as work is completed. In addition to the required reports, the City reserves the right to request additional reports and/or Information at any time. Upon me completion of the Project, on or before the Final Reimbursement Request Deadline. Grantee shall submit a final report (-Project Completion Report-) with a description of the completed Project, along with the following back-up documentation (collectively. *Expenditure and Payment Documentation'): photographs of the Project site before, during, and after the completed work, documentation establishing that all inspections have been passed and all permits relating to the Project have been closed. all Invoices received from each design professional and contractor retained by Grantee for the Project, and receipts, Invoices. cancelled checks (with copies of both front and back), the Certificate of Occupancy or Certificate of Completion (as applicable), the Contractor Certification of Work Completed Template (attached hereto as Exhibit F), and any other documentation requested by the City that demonstrates that Grantee has paid for all expenses of completing the Project, including evidence of final payment to all design professionals and contractors. Grantee shall submit any additional information within ten (10) business days of the City's request. The City will not commence processing the payment of the Grant until such time as it has received the Project Completion Report together with all Expenditure and Payment Documentation. 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. Page 6 Grantee Initials: c ' scanned wnn ' WCamScanner. Docuagn Envelope ID: 80B7CF09-U 12-9DF0-80BM620932 l D1 5. PROJECT TIMELINE AND SUBSTANTIAL COMPLETION: Grantee shall use commercially reasonable best efforts to commence Project -related construction achmues 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 oonetruation in his/her sole discretion. Further. Grantee shall ensure the Project achieves Substantial Completion (as defined below) on or before the Project Substantial Completion Date set forth in Article 1; notwithstanding the foregoing, Contract Administrator may approve extensions of the Project Substantial Completion Date, in its sole discretion discretion. upon receipt of a satisfactory request for extension and any documentation as may be required by the Contract Administrator to substantiate such request. 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'architectof record'or the'engineerof record; as the case maybe), 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 pfofessionat 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). B. Project 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 1, 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 Page 7 Grantee Initials: _..Scannea coat 0 Camscanner'. Docusign Envelope ID: 807CF0BEAI24113FM0B 62893MF1Dt requested. The City reserves the night to accept or reject a Propel extension request in its sole discretion. C. Repayment Obligation Upon Failure to Timely Complete Proiecl. II Grantee abandons the Project, fails to achieve Substantial Completion by the Project Substantial Completion Dale, or otherwise elects not to complete the Project after receiving any portion of the Grant (collectively, 'Failure to Complete'), Grantee shall be obligated to repay the City all Grant funds disbursed to Grantee pursuant to this Agreement. Grantee acknowledges and agrees that (a) all Grant funds disbursed prior to Substantial Completion are conditioned upon Grantee's full and timely completion of the Project, and (b) the City's disbursement of any funds does not relieve Grantee of its obligation to complete the Project in accordance with this Agreement. Upon a Failure to Complete, the City may issue written notice demanding repayment of all, or a portion of, disbursed Grant funds. Grantee shall remit full repayment to the City within thirty (30) calendar days of the date of such notice. Failure to timely repay the City constitutes a material breach of this Agreement and may result in the City pursuing all remedies available at law or in equity, including, without limitation, collection actions, liens, and offsets against any future City funding for which the Grantee may otherwise be eligible. WITHOUT LIMITING THE FOREGOING, GRANTEE EXPRESSLY CONSENTS TO THE CITY'S RIGHT TO RECORD A LIEN AGAINST THE PROPERTY ON WHICH THE PROJECT IS LOCATED TO SECURE REPAYMENT OF ANY DISBURSED GRANT FUNDS, AND AGREES TO EXECUTE ANY DOCUMENTS REASONABLY REQUIRED TO EVIDENCE OR PERFECT SUCH LIEN. The obligations set forth in this Section shall survive the expiration or earlier termination of this Agreement. 6, DISBURSEMENT OF GRANT FUNDS: For purposes of this Agreement, a*Disbursement Request' means any request by Grantee for payment of Grant funds, whether (a) a request for an advance of funds (each, an `Advance Request') or (b) a request for reimbursement of expenses already incurred by Grantee (each, a 'Reimbursement Request'). Before submitting any Disbursement Request, Grantee shall (f) submit a Project workplan, which should provide an estimated Project timeline, and (2) complete its registration as a City vendor on the City Vendor Sell Service website. Grantee shall submit all Disbursement Requests on the Grant Disbursement Request Form attached to this Agreement as Exhibit D, or such other form as the City may require. Grantee shall include its vendor ID number in the space provided on all Disbursement Requests. Page 8 Grantee Initials: scanned wlM '. ®CamScanner'. Dowsign Envelope ID: 90B)CF09-EA12-aDFUaOaA4626932AF1 D1 GRANTEE'S FAILURE TO INCLUDE ITS VENDOR ID NUMBER MAY RESULT IN DELAYS IN PROCESSING GRANTEE'S DISBURSEMENT REQUEST. The City shall only reimburse or advance funds to the Grantee for expenses incurred or to be incurred, respectively, in connection with the Project or, If Grantee has obtained the Citys prior written approval, an alternate project described in Exhibit E. For the avoidance of doubt, the amount to be disbursed shall not in any event exceed the Grant Amount set forth in Article I. Additionally, the City shall have no obligation to 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. A. Advance Requests: Grantee may request that up to ninety percent (90%) of the Grant Award be paid as advances in Installments based on Grantee's funding needs as reflected in the Cash Flow Schedule or otherwise substantiated by the Grantee with documentary proof acceptable to the City, provided, (a) the amount of any Advance will not exceed $5,250. (b) Grantee may not request an Advance more than once In any thirty (30) day period. and (c) the final ten percent (10%) of the Grant Award (Ihe'Final 10%') shall not be advanced and shall be paid only as a reimbursement in accordance with the provisions below. In addition to the Grant Disbursement Request Form, all Advance Requests must contain the following (collectively, the 'Advance Request Supporting Materials'): (i) the Grantee Report. (ii) all appropriate supporting documentation, Including, without limitation, the applicable contract (including the schedule of values), proposals, estimale(s), Invoice(s), evidence of payment (receipts), warranty information, and any other documentation establishing the nature of the expenditure and the amount to be paid. and (iii) any other documentation with respect to the Project which may be requested by the Contract Administrator. For the any Advance Requests following the initial Advance Request (i.e. the second Advance Request and any subsequent Advance Requests), in addition to the Advance Request Supporting Materials, Grantee must submit documentary proof that all amounts previously advanced have been used to pay for permitted Project expenses as set forth in prior Advance Requests, and otherwise in a manner consistent with the terms of this Agreement. Notwithstanding the foregoing, the City Manager (or designee) may. in their sole discretion and based on Grantee's demonstrated need and cash flow requirements, authorize (x) the payment of an amount greater than $5,250. (y) the processing of more than one advance request within a thirty (30) day period. and/or (z) payment of the Final 10% as an Advance. B.Reimbursement Requests. Reimbursement requests maybe submitted to the City only after the Project achieves Substantial Completion and Grantee has paid for all expenses of the Project. In addition to the Grant Disbursement Request Form, all Reimbursement Requests must contain the following: (i) the Project Completion Report, and (ii) the final Page 9 Grantee Initials: ' scanned wiM '. ® CamScanner Dowsign Envelope ID: 80KCFO41A124DFo-80a 062083MF1 D1 Expenditure and Payment Documentation (as such terms are defined in Section 4). Unless otherwise waived by the City Manager (or designee) as expressly set forth herein, the Final 10% shall be paid on a reimbursement basis. To the extent possible, Grantee shall categorize all supporting documentation submitted with a Disbursement Request according to the categories set forth in the Project Budget. Grantee acknowledges that any delay in submitting complete and accurate copies of the Grantee Report(s). the Advance Request Supporting Materials, the Project Completion Report, and all relevant Expenditure and Payment Documentation, as applicable, may result in a delay in or denial of Grantee's Disbursement Request. Provided that an uncured default does not exist, Grantee is in Good Standing (as defined in Section 28 below), and Grantee is otherwise in compliance with the terms of this Agreement, the City shall disburse the applicable advance or reimbursement by check or wire transfer, as the City determines in its sole discretion, within forty- five (45) calendar days of its receipt of an acceptable and approved Disbursement Request (which, for the avoidance of doubt. shall be accompanied by all required supporting documentation as specified above). 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 rein garden or other approved good 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 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 performed. Further, subject to the City's obligation to disburse the Grant, 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. Page 10 Grantee Initials: 4 so,n„w wxn ®CemScanner Dowsign Envelope In: 0137CF09-EA124DF9-8011A-0628932AF1 D1 9. NO GUARANTEE OF FUNDING: The Grantee acknowledgos that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide, funding beyond eo terms specified in this Agreement. 10. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Managers 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 an receipts and expenditures of Grant funds, in conformance with 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 year(s) 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, Page 11 Gramce Initials: speppeaWith '. ®Cam5cennerl DOCusign EnM.W ID: 80VCF03EA128DF0-e0eA-062893MF1 D1 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 conceming 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 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 until three (3) years after any resulting final termination settlement; and Page 12 Grantee Initials: 4. ' Scennea wiM ' ®Camscanner Docuvgn Envtl ID, 80B7CF09-1 A124DFO-80Bh0828932 1 Di W W Pauu»$ it. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract unfit 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 Ihe,perfonnance 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. 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, atomeys' 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 City's 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 w consultant shall provide that the contractor or consultant (as Page 13 Grantee Initials: Docuwgn Envelope ID: 8DB7CFOB-EAI2-BDF"DBA-0028932AFID1 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 or employees, except to the extent any such injuries or damages 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 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 architects 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 Miami -Dade Countys 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 andlor ordinances, including any obligation to secure the necessary permits for the Project . Page 14 Grantee Initials: _scennee wiM ' W CamScanner' D..egn Envelope ID: 8087CF09-EA12-8DFO-80BA-0 20932AF1D1 a. Legal Nan -Conforming Buildings or Structures: Previously constructed buildings or structures that do not conform to the current requirements of the Citys land development regulations (such as converted garages, impervious surfaces/paved areas, patios, etc.) may only be eligible for Program funding if Grantee provides records to the City evidencing the Clty'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 Grant disbursements. 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 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 permit applications to all governmental authorities having jurisdiction within one (1) year of 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 (e) Grantee fails to submit a Grantee Report. If Grantee does not cure such default vnlhin 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 dale of the original notice only it 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. Page 15 Grantee Initials: Scanned whin WCamScanner Dowsign Envelope In BO WCF09£Al2-BDFO-BOBA-0620932AFi D1 19, FLORIDA PUBLIC RECORDS IAW: 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. C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of *Contractor as defined in Section 119.0701(1)(8), the Grantee shall: i. Keep and maintain public records required by the City to perform the service; it. 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 a 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 or 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 formal that is compatible with the information technology systems of the City. Page 16 Grantee Initials: ' Scennea wIM W CamScanner Domsign Envelope ID: 80B7CF09-E 124DFM0B 062B932AF1D1 D. REOLIEST 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. it. 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. 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 i. 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. Al 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 (igb) 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. Page 17 Grantee Initials: Scanirotl with ®CamScanner', Dorusi9n Envelope ID'. BOBXF89-EA12-8DF0.80BA-0 211932AF1 D1 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 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 MBR's'noAbo eem ann beachfl io Amy Knowles. Chief Resilience Officer AmvKnowlesComiamibeachtl oov 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 Slate 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. Page 18 Grantee Initials: _.Scanned Mfln . @CamScanner Domaign Envelope ID: 80B7CF09-F 12-8DFM0BA062893MF1D1 23. NO WAIVER: No waiver of any breach or failure to enforce any or the terms, covenants, conditions or other provisions of this Agreement by either party at any lime shall in any way affect. limit, modify Or waive either party'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 or 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 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 of iciats, 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 or 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 -parry 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 anyway 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 may be made to this Agreement unless made in writing 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 Page 19 Grantee Initials: 4 S.nnad .1th 0 CamScanner' Dpwsi9n Envelope ID'. 80B7CF09-EA12-8DF0.80BA-0628932AF1D1 Wpn peuuepB 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'). 29. FORCE MAJEURE: A'Fores Majeure' event is an event that (I) 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 parry 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 even. Subject to the foregoing criteria. Force Majeure may include events such as war, civil insurrection, dot. 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 or 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 pedormance of this Agreement, Grantee shall not employ any person having any such Interest. Page 20 Grantee Initials: Dowsgn Emelaps ID'. 8087CF09-EA12-8DF0-809A-0629932AF1D1 No member of or delegate to the Congress of the United Slates shall be admitted to any share or part of this Agreement a to any benefits arising therefrom. 32. TAX CONSEQUENCES: Grantee acknowledges and agrees that payments made by the City for Grantee's benefit andlor 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 fallowing special conditions: A. Grantee hereby agrees that, to the extent applicable, it will comply with Title VII of 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, intersexualily, 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 or 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 Page 21 Gramcc Initials: _ ' Scanigtl wFN ®CamScanner' D.,,..qn Eri.1m. ID'. 8097CF09-FAI2ADFp80BA-0628932AF101 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. CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI - BOYCOTT REQUIREMENTS: As required by Section 2.375.2 of the City Code, Grantee has executed the Certification of Compliance with Antidiscrimination and Anti -Boycott Requirements, a copy of which is attached hereto as Exhibit H and incorporated herein. 36. 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. 37. 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 apply 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 Internet 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). 38. INTENTIONALLY OMITTED. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 22 Grantcc Initials: CA T_ Swnired x9M ®CamScanner Dowwgn Envelope to 80e7CF09-EA12-8DFP80BA-0628932AF1D1 EXHIBIT A GRANTEE PROJECT PROPOSAL GRANTEE NAME' Merlyn Josende GRANTEE ADDRESS: 1792 71st Street Miami Beach, Florida 33141 FLOOD RISK MITIGATION APPROACH SELECTED (Select all thatapply), ® Report Alternative A ❑ Report Alternative B ❑ Report Alternative C ❑ Other ❑ Expedite Program DESCRIBE MITIGATION PROJECT(S) TO BE CONDUCTED INCLUDING LOCATION ON PPROPERTY AND APPROXIMATE SIZE' Imtallawn of a permeable paver dnveway system at 1792 7 far Street to mitigate on -site water runoff and localized flooding. Work includes excavation. grading geo-texdk fabric. mull-1 er subbaseand installation of Olde Towne Permeable Pavers Q'remraNQuikmie). EC01341. surface Intimation rate of 1,1201n/hr (ASIM C 1781) Expected Break -Ground Date (Aporox.). October 2026 Expected Project End Date (Aoorox.l' December 2026 Expected Miami Beach Pernits: Onveway, ROW r Building Permit Other Expected Permits: WA Estimated Pmiwl Cost: $17,940 Estimated PPA Funds to be Expended$17,500 Contractors and Other Professional Partners: Company Description/Responsibilities Quote (attach) Contact Info Dmeways by Design Site prep. aavat un. gradupµ, sub base instal installation of 0ldc Towne Permable Pave., edger.naints. dcanup, permanng support Attached 305 305 222 779-0965: yW0965w . g ysbyde.4 r E 6511, SL Miami FL' Grantee Initials: mm. 1138 Scanned wiM _..'. ®Camscanner- Docusign Envelope to 00B7CF09-BA19-8DFa-808A-061e934AF1 D1 EXHIBIT B PROJECT BUDGET GRANTEE NAME: Medyn Josende GRANTEEADDRESS:_ 179271st Street Miami Beach, Florida 33141 Please fill this ton 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 Gosys; its prep scastion grading installation of subbase pser installation edge restraint cleanup. 318 990 00 Design and Architecture: Schematic design antl layout. Included in overall cost Permits: Contractor permitting, drawings, expediting $ew Materials/Supplies: Geo-textile. base materials, permeable pavers. Included in overall cost concrete edge retainer. rebar. Equipment Rental/Purchase: Excawlion and installation equipment. included in overall cost Insurance Costs: Contractor liability insurance. Included in overall cost Other: TOTAL: $17.940 Grantee Initials:+ ..scanned Me, MCamScanner DMUMgn EnvN ID'.80B]CF09-EA12-8DFM08A4628932AF1 D1 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. fillable reporting form has been developed within Submittable and will be assigned to each Grantee, Reporting Requirements • Due Date: Reports must be submitted by the 151h of each month or quarter, as specified in the grantee's grant agreement. • Frequency: Reporting is required on a monthly or quartedy 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: Soled 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 Page 25 Grantee Initials: _.. _.. _............. Scennae calm '', ® GmScanner'. Dewsign Envelope ID: 00B7CF0e-EA12-1DF0.80BA-0628932AF1 DI EXHIBIT D GRANT DISBURSEMENT REQUEST FORM An updated Project Budget (Exhibit B) and Status Report (Exhibit C) must bo allached to this form to receive payment. Please Include all associated Expenditure and Payment Documenlallon (as defined in Section 4). Including Itemized bills from the contractor and photo documentation of the work completed. Thu Grantee acknowledges that (1) for a Reimbursement Request to be processed, all submitted proofs of payment must match the total of submitted invoices, and (2) only Project costs that are directly related to flood mitigation. In the City's sole discretion, are eligible for funding, whether provided as advanced payments or on a reimbursement basis. City reserves the right to request, and Grantee shall promptly provide, any additional information City deems necessary to process a Disbursement Request. GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACTOR: GRANTEE CONTRACTOR CONTACT: PAYMENT ADDRESS: VENDOR ID NUMBER: Reimbursement Term Start: Reimbursement Term EM: I ------- Remaining PPA Funds)----- FurldS RequeSled This Disbursement: i Total Expenditures - Certification of Payment: I certify that the above expenses were necessary and reasonable for the completion 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 party funding source, Including under any other separate agreement between the City and Grantee. Grantee Request Prepared By: Name Signatuar0ale Grantee Venda ID --- City of Miami Beach Request Reviewed By: Signature/Date Bcaa„ed with m CamScanner Domsign Envelope ID80B1CF09-EA1MDFp80BA.0828932AF1D1 EXHIBIT E ALTERNATE PROJECT CATEGORIES Upon the written approval of the Contract Administrator, the Grantee may substitute Its Project for a project of equal or greater flood mitigation effectiveness as described below ('Adaptation Alternatives"). 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 good type. In order of most effective to least effective, unless 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 Backgow Prevention B. Category 8 shall include improvements to the building envelope for non -habitable spaces for any good type. In order of most effective to least effective, unless otherwise demonstrated by the design professional, project types In Category B include: B.1. Building Elevation B.2. Dry Floodproofing and Crawlspace Improvements 8.3. Temporary Flood Barriers for Openings BA. 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. Floodwalls and Levees or Berms C.2. Temporary Flood Barriers for Perimeter Areas Temporary Flood Barriers for Openings C.3. Stormwater Backgow Prevention D. Category D shall include improvements to the property site for rainfall flooding mitigation. For projects in Category D differing from the Phase 1 recommendations to calculations must be submitted demonstrating an equal or greater effectiveness to be eligible. Project types in Category D include: D.1. Permeable Concrete Pavers or Green Roofs Rain Barrels and Cisterns French Drains Rain Gardens E. Category E shall include Seawall Improvements. Page 27 Grantee Initials: Scennatl wIM ®famscanner Docuegn Envelope ID'. 80WCF09F 12-8DFM0BA-%28932AF1D1 EXHIBITF CONTRACTOR CERTIFICATION OF WORK COMPLETED TEMPLATE Re: Contractor Certification of Work Completed Pursuant to the Private Property Adaptation Grant Agreement (the 'Agreement') between (-Owner) and the City or Miami Beach (the 'City), located al Miami Beach, Florida 33139 (the (DATE) Dear City of Miami Beach: The undersigned Contractor certifies that to the best of the Contractors knowledge, information and belief, the work covered in this Contractor Certification, has been completed in accordance with the plans and permits submitted to and approved by the City. Contractor further certifies that the work completed adheres to all relevant regulations and standards for this project. Contractor further acknowledges that the following suppliers, contractors or subcontractors have provided supplies or performed Work in connection with the above referenced Request for Disbursement(s): NONE or list: and CONTRACTOR: By: Print NamerTirle State or County or The foregoing instrument was acknowledged before me by means of G physical presence or ❑ online notarization, this_ by known to me to be the person described herein, or who produced as identification, and who did/did not lake an win. NOTARY PUBLIC: (Signature) (Print Name) My oornmisa expires' Page 28 Grantec Initials: ............................. -' Scanned wiM ®CamScanner Docud9n Envelope ID 80137CFWEA12-801`0.80MA 28932AF101 EXHIBIT G OWNER ACKNOWLEDGEMENT OF TEMPORARY FLOOD BARRIER RESPONSIBILITIES This document serves as a formal acknowledgement by the undersigned property owner(s) regarding the purchase. Installation, maintenance and use of temporary good barriers. Property Information • Property Owner Name(s): F.{Q,rIu,� hereinafter referred to as property er.' • Property Address: 1792 71 S T" 1 `♦ 1 Acknowledgement Statements By signing below, the property owner affirms understanding and acceptance of the following: 1. Residual Risk: Temporary good barriers may be overtopped or fall if improperly installed or maintained. They do not eliminate good risk. 2. Code Compliance: Temporary barriers do not bring the building into compliance with the good -resistant construction requirements of the Florida Building Code. 3. Structural Pressure: Even when property installed, temporary barriers may cause damage due to water pressure against structural elements. 4. Permit Requirements: Building permits are required for any modifications made to accommodate temporary barriers, such as mounting brackets or structural reinforcements. 5. Maintenance Responsibility: The property owner is solely responsible for maintaining all temporary barriers and associated devices. 6. Monitoring and Installation: The property owner must monitor weather conditions and ensure proper installation of temporary barriers in accordance with manufacturer or design Professional instructions. 7. Evacuation Protocol: The propertyowner agrees to evacuate the building after Installing temporary barriers. 8. Insurance Disclaimer: The City of Miami Beach makes no guarantees regarding the impact of temporary barriers on insurance coverage, premiums, or claims. 9. City as Funder. The property owner assumes full responsibility for the purchase, installation, maintenance and use of the temporary flood barriers. The City of Miami Beach, Florida (the -City) is solely providing funding, on a reimbursement basis. toward the purchase and installation of temporary good barriers which meet the City's requirements for the temporary flood barrier subsidy program (the "Program"). The City does not make any representations orwananties as to the quality or fitness for a particular Purpose of the temporary flood barriers. Further, the City makes no guarantees as to payment of the subsidy. The City Manager's designee, in the City Manager's designee's sole discretion, determines whether or not Owner's reimbursement request meets the City's Program requirements. 10. Release and Hold Harmless: The property owner hereby releases and holds harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses. and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen in connection with, related to, or as a result of Owners purchase, installation, maintenance or use of the temporary flood barriers. .Signature and Notarization _.xer,ned with _. WCamScanner'. Dowsign Envelope ID: 0067CFC&EA1 ADFMDBA-00]093MR Dt I. the undersigned, acknowledge an cep the above responsibilities and conditions. Properly Owner Signature: Pr; Name of Property Owner: ^ 5c)-sc t dC r Date: (p— II _ 2-02C Property Owner Signature: Name of Properly Owner: Date: State of County of The foregoing instrument was acknowledged before me by means of 0physical presence or ❑ online notarization, this J_- 44-) day or . 1011P 202_( by n^ - : L-, 1—,-._ ,4, . known to me to be the person(s) described herein, i as identification, and who did/did not take NOTARVAUBL (Signature) ) i.'!)a "iri-,Pie 7_ (Print Name) Date: 0G My commission expires'. r�11—Vs �2P3L: i�:^fir- uuruwJenxEz Cmmssionr xx rWNf �ean� Erartr JavryM.}010 Page 30 Granicc Initials: . ............_.......... . sren.a.wm ®CamScanner Domm, Envelope ID'. 90B7CF09-EA12-8DF0.90BA-062e932AF1 DI EXHIBIT H CITY'S AFFIDAVITS AND CERTIFICATIONS This Exhibit includes affidavits and certifications required under applicable Florida law and the Code of the City of Miami Beach in connection with the execution and administration or this Agreement. To ensure acknowledgment and understanding of each requirement, the Grantee shall initial each section Included in this Exhibit. The act of initialing confirms the Grantee's review of, and agreement to, the statements contained therein. The Grantee shall also sign and notarize the acknowledgment at the end of this Exhibit, affirming the truth and accuracy of all initialed statements. This Exhibit must be completed by a person authorized to make the following attestations on behalf of Grantee: ---� Initials) 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 -Human Trafficking'. Initials In accordance with Section 2-375.2 of the City Code, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests that Grantee will comply with all relevant antidiscrimination laws, including the anti -boycott previsions of Section 2-375.1 of the City Code, and affirms that Grantee will not engage in a boycott of Israel, anlisemilic discrimination or antisemitic speech in conjunction with Project. 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 all relevant antidiscrimination laws, and affirms 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 31 Grantee Initials: ......................... . Scenried wIM ®CamScanner'. Dowwijn En we to BOKCF09£A124DFO-BOBA-0828932AF1Dt BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS 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 that the punishment for knowingly making a false statement may include fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Grantee GRANTEE: MERLYN JOSENDE. Signal re Print Name: Hery-n jos-e,,,-ae State of f6'� C(Ll County of oam'. Dcico- (7"12 %1 ST ST, H�GnL d�4l�r (Address) The foregoing instrument was acknowledged before me bX means oLKphysical presence or ❑ online ODtari28tiOD, thi8 IIN� day of IfA P 202j¢ by t 3e rl yn Jncand�. . known to me to be the person described herein, or who produced �L. DC. as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) ( "I t'n� 1,A6 r+7nP-7- (Print Name) My commission expires: OI Z ;:,03 U 5`�:��,�.Y�jt IAUMAWtiWFZ e`^Ku Cmvmfbnl NX I60i01 FYnliyYry M. X130 ............................. Scennatl with ' CamScanner Dowsign EnvNop ID:8OB]CF09-EA12-80FO8OBA-0828932AF1D1 RESOLUTION NO.: 2022.32426 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD GRANTS AND EXECUTE GRANT AGREEMENTS FOR THE PRIVATE PROPERTY ADAPTATION (PPA) PROGRAM. WHEREAS, the Mayor and City Commission desired to create a "Resiliency Fund," as part of the City Commission's efforts to plan, prioritize, and identify funding for City-wide infrastructure resilience projects, including road elevation projects, new stormwater infrastructure incorporating stormwater treatment systems, and projects to reduce flood risk due to sea level rise, high tides, rainfall, and storms; and WHEREAS, the Mayor and City Commission have taken a leadership role in reducing flood risk for private properties through the 2040 Comprehensive Plan, Sea Level Rise and Resiliency Criteria for Land Use Boards, amendments to the City's Land Development Regulations for new construction and for substantial renovations, and various innovative plans and studies; and WHEREAS, although as a general matter, investment in private property is the responsibility of the property owner, the City Commission desires to continue its leadership role in the resilience arena by incentivizing resilience projects in the City, through governmental support, such as grants or loans, for projects that complement the City's various public resiliency efforts and strengthen the City's resilience infrastructure as a whole; and WHEREAS, on November 18, 2020 per Resolution 2020-31504, the Mayor and City Commission created a new "Miami Beach Resiliency Fund; consisting of all uncommitted amounts in Fund Nos. 320 and 433, and all future payments received by the City pursuant to Section V.A of the Amended and Restated Interiocel Cooperation Agreement between the City and Miami -Dade County, dated January 20, 2015; and further approved the allocation of $666,666.66 for FY2020, and up to $666,666.66 annually thereafter, from the Miami Beach Resiliency Fund, for a Private Property Flooding and Sea Level Rise Program; and WHEREAS, the City Commission approved total funding of $1,332,000 for FY 2022 and an additional $666,000 for FY 2023, and approved the program overview and criteria; and WHEREAS, the Private Property Adaptation Program (PPA Program) will provide up to $20,000 in funding for property owners to (a) cover the costs of a flood risk assessment and (b) to assist with the expenses associated with the design, permitting and construction of resilient flood mitigation improvements, which may include building mitigation, the construction of new improvements and/or green infrastructure; and WHEREAS, the PPA Program applies prospectively and does not include or cover private property harmonization costs, such as fences and gates associated with utility improvements; and WHEREAS, the City has completed a competitive procurement process for Phase 1, the assessment phase, and is creating an invitation for a pool of contractors for Phase 2, the design and construction phase; and Docusign Enelope ID: 88B7CFO9 12-BDFO-BOBA-0628932AF1D1 WHEREAS, the comprehensive application process is carried out with extensive community engagement in a variety of online and in -person formats, with group and individual outreach; and WHEREAS, the applications submitted to the PPA Program undergo a thorough. verification process with the expertise of multiple departments, are scored according to objective criteria, and then are individually reviewed by an interdepartmental team of expert staff; and WHEREAS, the interdepartmental team will recommend grant awards to the City Manager for approval; and WHEREAS, each awardee in respect of Phase 2 of the PPA Program will be required to execute 'a grant agreement substantially in the form attached as Exhibit A to the Memorandum accompanying this Resolution; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to award grants and execute grant agreements with property owners for the Private Property Adaptation Program. PASSED AND ADOPTED this IV day of Dmembe �-2022. ATTEST: ZIDEC 16 2022 RAFAE E. GRANADO, CITY CLERK APPROVED AS TO FORM &LANGUAGE & FORION IZ-I-22 dty Attorney lfir&' Date DAN GELBER, MAYOR � 'INtoar�oaarur Docusign Envelope ID: 8067CF09-EA12-8DF0-806A-0628832AF1Dt DRIVEWAYS BY DESIGN Miami, 222 NE 65th Street Miami, FL 33138 Home ojthe original Car Turntable al 9.0965 DRIVEDRIVEWAYS Ph. 305.77sbyde WAYS iJ ♦� 1 shoshw@drivewaysbydesign.com BY DESIGN Lie. E1700336 www.drlvewaysbydesign.c lawn"im Gala New Showroom @ Artists, Floors 8150 NW 33rd St Doral, FL 33122 HARDSCAPE PROPOSAL AND CONTRACT FOR DESIGN & INSTALLATION OF A PERMEABLE DW Client: Merlyn Josende Ph 305.318.7028 Email: merlynjosende@aol.com Address: 1792 71st St Miami Beach, FL 33141 Date: May 1st, 2026 Project #2,997 As discussed, the property presents existing water runoff and flooding challenges that require a thoughtful and code - compliant mitigation strategy. In response, and taking advantage of the City of Miami Beach's Private Property Adaptation (PPA) Program, we have prepared the following proposal to address site conditions while improving long-term drainage performance and resilience. This proposal outlines a coordinated approach that integrates design, permitting coordination, site preparation, demolition, installation, and final completion. Clear strategic milestones have been established to ensure a seamless and accountable process throughout each phase of the work. All improvements will be executed in accordance with applicable City of Miami Beach requirements, engineering standards, and recognized best construction practices. WE PROPOSE TO PERFORM ALL LABOR WITH EQUIPMENT AND MATERIALS FOR THE FOLLOWING PROJECT PHASE I - SITE PREPARATION © Schematic Design. 91 First installment of the payment schedule is due before the start date of Phase 1. o Excavation. Grading and leveling. © Site preparation. Geo-textile fabric, road base 57, pea rock. © Schedule first City inspections. PHASE 2 - PERMEABLE PAVER INSTALLATION © Second installment of the payment schedule is due before the start date of Phase 2. 0 Proceed with installation. la Proceed with concrete edge retainer, rebar #3 reinforcement. PHASE 3 - FINAL STEP © Removal of our construction debris (excludes vegetation, roots, or debris from other trades.) a Site clean up. o Final installment of the payment schedule is due upon completion of the project. 10 Schedule final inspection. PROJECT TOTAL INVESTMENT: $16,990.00 Comm, Envelope ID. 80B7CF09-EAl2.8DF0-80BA-0628932AFi D1 ////2. Merlyn Josende - 1792 71st St Miami Beach, FL 33141 Project #2,997 PROJECT GOAL The goal of this project is to mitigate on -site water mnoff and localized flooding through the installation of a permeable paver system designed to enhance infiltration and reduce surface water accumulation. This approach aligns with the City of Miami Beach's Private Property Adaptation (PPA) Program and provides a resilient, code -compliant solution tailored to the property's specific conditions. The proposed system is intended to improve water management at the source, increase long-term flood resilience, and create a durable, functional, and visually cohesive surface that integrates seamlessly with the existing property. SCOPE OF WORK: The work includes site preparation and system layout, followed by excavation, grading, and elevation adjustments to achieve proper drainage performance. Installation of geo-textile fabric and a multi -layer sub- base system will be completed to support permeability and structural integrity. Initial inspections will be scheduled as required. The permeable paver system will then be installed, including the placement of edge restraints and reinforcement elements to maintain lateral stability and long-term performance under load conditions. The project will conclude with site cleanup, removal of construction debris, and coordination of final inspections to ensure compliance with all applicable codes and project specifications. PROJECT TOTAL INVESTMENT ....... $16,990.00 PERMITTING - DRIVEWAY - BUILDING PERMITTING, DRAWINGS, & EXPEDITING SERVICES .................. $950.00 (Excludes City of Miami Beach Permit and Review Fees) PAYMENT SCHEDULE: 10% upon signing the agreement (deposit) 40% at the start day of Phase 1 45% at the start day of Phase 2 5% upon completion of the project APPROVED BY: Date: APPROVED BY: Date: DESIGN & PROPOSAL PROTECTION All concepts, layouts, methodologies, and design intent contained in this proposal remain the intellectual property of Driveways by Design and may not be used, shared, or relied upon for construction without a fully executed agreement. Dowsign Envelope ID8067OF09-EA12-8DFD80BA-0628W2AF1 D1 (1) ACCEPTANCE OF THIS PROPOSAL Upon acceptance, this proposal shall become a contract binding upon both, the Buyer and the Seller, and shall be constructed to the laws of the State of Florida. (2) COMMENCING PERFORMANCE. After acceptance as provided, the Seller shall be given a reasonable time in which to make delivery of Schematic Design, Design development, materials, and/or labor to perform the duties of the contract. (3) EXCEPTED LIABILITY. The Seller shall not be responsible for damages or delays either before commencement, or during the said work described herein, nor on account of transportation difficulties, priomms, war, strikes, accidents, acts of God, fire, sudden rains, storms, wind strains, or any other casualty, and/or any other causes beyond its control. Delivery of materials are done by a third parry company not related to Driveways by Design, buyer must indicate to driver where materials most be placed until installation day. Driveways by Design is not responsible for any damage related to material delivery. (4) INSURANCE. The Seller shall comply with all laws of the State of Florida. Seller shall carry public liability and property damage standard form insurance. (5) WORKING CONDITIONS. The Seller's employees shall not be required to work in hazardous conditions, (such as on freshly painted areas, in close proximity to uninsulated power lines, in noxious fumes, in unusually intense heat, from or where traveling cranes may strike their scaffolds, hurricanes, tornados, pandemics) and the Buyer agrees to give the Seller's employee all reasonable cooperation to mitigate such conditions. (6) DAMAGE TO SELLER'S WORK. The Boxer shall underwrite on behalf of the Seller the cost of any damage to Sellers work caused by the Buyer, his any other cause to metunals aebverea upon toe premises or mstauea oy xImg ana buyer Man reimourse wJmr upon car ana fur any RDERS. In the event there are any changes in the plans/drawing, materials, colors, styles and/or or if there is any departure in construction from said plans/drawings, materials, colors, styles, then it o compute the additional cost or credit for such changes, and thereby agree upon the sum to be added it before commencement of the work by the mutual agreement of both parties herein, in any case produced before the cancellation such cost of plansldrawings must be paid by Buyer, as well as the the buyer shall immediately inspect Sellers work and issue an acceptance to the �f the working rontrad and full settlement shall be made in accordance with this m the Buyer making nal sMemen[. contract, the prevailifing partytlsball be entitled to be reimbursed for all costs, and any part or full contract will be modified after mutual signing agreement of the i wrmng, and acceptance of cancellation of a signed contract must be agreed upon (12) ENTIRB AGREEMENT. This contract, including any exhibits and riders attached sets forth the entire agreement between Buyer and Seller, and contains all of the covenants, premises, agreements, representations, conditions, and understandings. Typewritten or handwritten provisions inserted in this contract or attached to them m exhibits or Ridersand sighed by both parries shall control all printed provisions in conflict therewith. No statement implied, or expressed cprescntation, or egeemenl written or verbal, not avpearing upon the face of this contract shall be binding upon the parties herein. (I3) PAYMENT SCHEDULE AND LATE PAYMENT. This agreemen'con tim has is set payment schedule for each phase of the proe I. Payments not revised according to schedule will result in temporarily work interruption. At completion of the project all sums not paid as due shall ear interest at the maximum rate allowed by law until payment is received. Lean will be placed until full payment o obligation of indebtedness is met. Purchaser whose name appears on this agreement personally guarantees payment of this contract. RIGHTS, RESPONSIBILITIES, AND DISCLAIMERS. (A) Contractor shall not be responsible for any fault due to cracks, discoloration, hydrostatic pressure, or damages done by third party delivery of materials. (B) In the event any existing tiles, pavers, or any other foram of stone gets damaged, Seller shall only be responsible for its best effort in matching and installing said material. (C) Buyer must follow me payment schedule set on this counsel and make all payments required herein. (D) In the event of a Surface defect requiring touch up or repair this shall be covered as warranty work, and it will not in any way affect the payment schedule set forth in this content. Payment held by Buyer after job has been performed due m a touch up or repair work will be considered in default and a breech of warrant. Furthermore, no warranty will be performed neither any other work will continue until Buyer has paid full amount required by this contract. (E) Buyer shall be solely responsible for any footprints and marks created by vehicles, bicycles. pets, animals, persons, and other, prior to hardening of the sealer author cement and concrete. (F) Due to conditions beyond Sellers control, any concrete installation will not be changed or modified once it has hardened. 0) Seller is not responsible for cold joints in the concrete installation due to adverse weather conditions, sudden rein, temperature changes, unexpected interruptions of work or acts of God. (H) Buyer hereby acknowledges and accepts that in the event that any of the following items such as: trees, grass, Flower bed, sprinkler lines, water lines, electrical lines, cables, pipes, fence, gate sensors, gas lines, would be damaged during construction, the Seller will not be held responsible. (1) Buyer is responsible for all non stationary objects in areas which work is to be done. (J) Buyer hereby acknowledges and accepts the possibility that product may vary in color from the samples, and can vary by batch. (K) No warranties apply in the case of Cleaning, Sealing, and/or Repair of an existing surface and/or previous installation done by a third party previously to this agreement. (L) Seller does not warrant work performed on pre-existng sub -surface, or any other item which Seller did not install. Seller has no control over future tragic, sun exposure, or use of the set installation, therefore Seller can not guarantee the shine and coloration ofthe surface. (M) Sellers Warranty is Limited. Written notice must be given within one year of substantial completion, for the examination and repair of faulty installations caused by defects in material, and/or workmanship, and to the full dollar value if proven defective. This warranty is limited solely to the repair value. No other express warranty or guarantee is given. IN) Seller makes no warranties, guarantees except as may be provided in this agreement by a reference to specifmations covering the proposed work or as may provided specifically in this agreement. The liability of the seller shall be limited to the terms and previsions of this agreement and confined to the work actually done hereunder. In no event shall such guarantee impose upon the Seller any liability for damages, nor damage to the building upon or in which said work is done; nor for any damage to said work. caused by settlement, warping, distortion of building. It is further agreed that in the event the Buyer upon final settlement to the Seller fails or neglects to require such a guarantee in writing as may have been anticipated by the parties hereof, the same shall be construed as a waiver by the Buyer of all rights under the predicted guarantee. (0) SELLER WILL REMOVE only Construction Debris. Any other form of organic debris will be placed on the swale area, and buyer must arrange for bulk pick-up with the municipality "at owner's expense'. (P) Contract includes removal of existing concrete of up to 6-'thick. In the event said concrete exceeds 6" an additional charge will apply. (Q) In order for Seller to close Buyer's permit, Buyer must re -sod the areas disturbed during excavation, construction, and installation. Failure by the Buyer to re -sod the required areas within two weeks of completion of the work by Seller, will result in the hiring of a Landscaping Contractor by Seller's choice, at Buyer's cost. ENVIRONMENT & SUSTAINABILITY DEPARTMENT DATE: 07/Ol/2026 TO: Rafael Graratio, City Clerk FROM: Amy Knowles, CRO/Director _ SUBJECT: Private Property Adaptation Program —GrantAgreement Dnutino- Amy Knowles, CRO/Director Maria Hernandez, Assistant City Manager Eric Carpenter, City Manager Rafael Granado, City Clerk x For: Information Only Review and appri x Signature Other Signature _ Other Comments: Enclosed please find 1 grant agreement for Private Property Adaptation (PPA) participants: . Merlyn Josende —1792 71 ST, Miami Beach, FL 33141 These agreements are authorized under Resolution 2022-32426, which permits the City Manager to execute grant agreements. Each agreement has been reviewed and signed by the City Manager. The grant agreement has been reviewed by the Environment & Sustainability Department, form -approved by the City Attorneys Office, signed by the PPA grantee, and approved by the Budget Deportment. Return to: Sabrina Batlle, Ext. 26112 Date Doi Envelope ID: 8OB7CF09-F 12-BDFO-BOBA-o628932AF1D1 MIAMIBEACH Contract No. Title 2025-CM9-PPA-2506 Private Property Adaptation Program —1292 71 ST, Miami Beach, FI 33141 DepartmentContractor R.quetin, Merlyn losende ENV & SUST Department Director Name & Signature ACM Name & Signature Type I—C4ntirso, amendment, change order or task order resultingfrom a procurement-mued competitive solicitation. Type 2—Omer contract, amendment, change order or task order net resuhingfrom a procvrement4nued competitive solicitation. Type 3— Independent contractor Agreement [I Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient TypeT—Inter-govemmemalagenryagreement % Type S— Grant agreements with the City as the grantor Other: This Is a grant being awarded to multiple grantees. This spedfc form pertains to Merlyn losende as part of the Miami Beach Private Property Adaptation Program. The grants are made possible through Resolution No. 2020-31504, which 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 PPA funds wil I be used to contribute toward the installation of a permeable paver system designed to improve on -site drainage. Original Term Renewal Periods Total Term (Original ♦ Renewals) Grant Fundetl: Yes JX No State Federal Other: Cost & Funding Source year Annual Cost Account 1 $17,500 112-OB30.000343-36-402-51&00-00.00.66221 Require Enhancement as % No 2 Yes No 3 Yes No 4 1 Yes No 5 Yes No 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. ity Commission Approved: X yes No Resolution No.: CCAgendalterrNo.: CCMeeting Date: 2022-32426 C]C 12/14/2022 If no, explain why CC approval is not required: gal Farm Approved: % j Yes No I If no, explain below why form approval is not necessary: Procurement: N/A Grants: N/A Budget: i'a..cFa Oke $kwwf Information Technology: N/A Risk Management: Fleet & Facilities: N/A Human Resources: N/A Other: Acknowledgment of updated reviews from Building, eVn.e q.. Reviewetl by: o°`uwww o, slpom y: Finance, Code, and legal confirming me padicipaot � I1 remains in good standing wil the Ciry. spakat A{ll.Q. S(l�r �� slcwcs,.Iwf39.. 6310FCWR1e5. slEBAC 51<29..