Resolution 2022-32426 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.Interlocal 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
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 l Y day of ICer►1be(2022.
ATTEST:
DEC 1 6.2622
A(
RAFAE .E. G' A NADO, CITY CLERK DAN GELBER, MAYOR
APPROVED AS TO �. �
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Resolutions-C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: December 14, 2022
SUBJECT 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 PROPERTYADAPTATION (PPA) PROGRAM.
RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND/HISTORY
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 I nterlocal Cooperation Agreement between the City and Miami-Dade County,
dated January 20, 2015; further, they approved the allocation of $666,666.66 for FY2020, and
up to $666,666.66 annually thereafter, for a Private Property Flooding and Sea Level Rise
Program. The City Commission approved program funding and criteria of $1,332,000 for FY
2022 and an additional $666,000 for FY 2023 during the annual budget process.
ANALYSIS
Miami Beach is low-lying, and 93% of all buildings are in the FEMA Special Flood Hazard Area.
Miami Beach faces flood risk from high tides, storms, hurricanes, and sea level rise. 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.
Through the Private Property Adaptation (PPA) program, the City has broadened its leadership
role in the resilience arena by incentivizing private resilience action. The PPA program is a
competitive, reimbursement-based grant intended to incentivize residential and commercial
property owners in understanding their flood risk and implementing flood mitigation projects to
include traditional flood proofing and green infrastructure. Properties selected for the program
will receive funding through a 50/50 matching grant, with up to $20,000 available for the full
scope of work, including the assessment. In addition, if the applicant is considered low-to-
moderate income (LMI),the PPA will fund the entirety of the program, up to$20,000,without the
Page 270 of 952
match requirement.
2022 PRIVATE PROPERTY ADAPTATION APPLICATIONS
The inaugural Private Property Adaptation (PPA) application window was open from July 25,
2022 to August 19, 2022. To ensure broad outreach, the City utilized a variety of in-person and
digital outreach. The City hosted three webinars, eight days of in-person and virtual "office hour"
appointments, extensive communications channels, targeted post cards to repetitive flood loss
areas, social media ads, and a short PSA video.Additionally, local media provided coverage of
the program, helping to amplify the outreach.
Overall, 65 applications were submitted for the PPA program. A thorough verification process
was completed to ensure general completeness and accuracy with the expertise of six different
departments. After the verification process, applications were scored according to objective
criteria. The formal review team reviewed each property application, the scoring, and additional
materials such as photos.
Based on the verification and review phase, the City identified 46 properties for participation in
this unique program to build personal resilience. Of these, seven were verified by Housing
Department as Low-to-Moderate income and six were verified by the Historic Preservation
Officer as historic. Six of the awarded applications are for multi-family buildings; the remaining
40 are single-family homes. The onboarding for the assessment process will begin in
November/December 2022. An invitation to bid will be issued for flood mitigation contractors to
complete the improvements recommended by the assessment, or in certain cases qualified
contractors hired by the property owner, with construction inspection oversight carried out by
approved city consultants.
FEMA FEDERAL MITIGATION ASSISTANCE (FMA)APPLICATION
As part of the Private Property Adaptation (PPA) program, the City is working with ICF, Inc, a
consultant, to assist property owners in applying for a FEMA Federal Mitigation Assistance
(FMA) grant to fund home elevation. Extensive outreach was conducted as part of the broader
PPA outreach, in addition to FMA-specific targeted post cards and digital notices. Site visits
were conducted on Oct 11, 2022 for interested properties that were eligible and competitive. A
team of consultants and expert City staff visited three properties to determine feasibility and
eligibility. Ultimately,two properties were included in the FEMA FMA application.
The FEMA FMA grant application was officially submitted on Nov 9, 2022. It will first be
reviewed by the State before being reviewed at a Federal level. Notification of award is
expected Summer 2023. The approval of this grant is included in this Commission agenda as
part of a Resolution to approve and authorize the City Manager to apply for and accept funding,
execute documents or agreements, and appropriate funding received by the City in connection
with selected grants.
SUPPORTING SURVEY DATA
In the 2022 Community Resident Survey, 40% of residents are satisfied with their building(s')
flood risk protections.
FINANCIAL INFORMATION
Page 271 of 952
Funding of $1,332,000 for FY 2022 and an additional $666,000 for FY 2023 during the annual
budget process.
Amount(s)/Account(s):
The Private Property Adaptation Program is funded through the Resiliency Fund, account 112-0310-
000343-10-402-518-00-00-00-66221.
CONCLUSION •
The Administration recommends that the Mayor and City Commission adopt the Resolution
authorizing the City Manager award grants and execute grant agreements with property owners
for the Private Property Adaptation Program.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level
rise.
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
o Resolution
Page 272 of 952
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2022-2023 GRANT AGREEMENT
PROJECT No.: 20-CMB-
This GRANT AGREEMENT (hereinafter the "Agreement") is made and entered into this
day of , 20 by and between the City of Miami Beach, Florida
(hereinafter the"City"), and ****, a Miami Beach resident(hereinafter the"Grantee"). This Agreement is
effective October 1, 20_, the"Effective Date."
ARTICLE I/GRANT DESCRIPTION
GRANTEE:
GRANTEE CONTRACT ADMINISTRATOR:
MAILING ADDRESS:
CITY, STATE, ZIP:
PHONE, FAX, E-MAIL: •
PROJECT PROPERTY ADDRESS:
CITY, STATE, ZIP:
GRANT AMOUNT: $17,500.00
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: To be determined with City based on improvement
type selected, from one to three years in duration
EXPENDITURE DEADLINE: TBD
PROJECT COMPLETION DATE: TBD
FINAL REPORT DEADLINE: TBD
FINAL REIMBURSEMENT
REQUEST DEADLINE: TBD
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
By:
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
Date
FOR GRANTEE: (Name of Grantee)
ATTEST:
By:
Authorized Signature
Print Name and Title Print Name and Title
Date
Page 2
ARTICLE Il/GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Grant to the City Manager or the City Manager's authorized designee
(the"Contract Administrator").
2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are
specifically described in the Project Description, attached hereto as Exhibit 1 (the "Project"). Any
modification to Exhibit 1 ("Project Description"), shall not be effective unless approved by a written
amendment to this Agreement signed by the City and Grantee.Grantee agrees that all funding provided
by the City pursuant to this Agreement will be used exclusively for the Project.
3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount
payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant
Amount as set forth in Article I of this Agreement. All of the Grantee's expenditures are subject to the
terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2.
Any modification to Exhibit 2 ("Project Budget"), shall not be effective unless approved, in writing, by
the City and Grantee. Any request by Grantee to modify the Project Budget shall be made in writing,
using City approved forms, detailing and justifying the need for such changes. If the total Project Budget
decreases,the Grant Amount may be decreased so that the Grant Amount does not exceed fifty percent
(50%) of the total Project Budget. If the Project Budget is increased, the Grant Amount shall not be
increased above the amount set forth in Article I of this Agreement.
4. GRANTEE RESPONSIBILITIES: The Grantee shall retain the services of design consultants
and contractors that have been approved by the City unless the City Manager's Designee expressly
agrees in writing to the use of a different design consultant and/or contractor. The Grantee shall enter
into agreements with such design consultants and/or contractors in Grantee's name and not in the name
of the City and in no event shall Grantee represent to any such design consultant, contractor or other
third party that it is acting as an agent, representative or on behalf of the City for any purpose or in any
manner whatsoever. The Grantee shall be responsible for coordinating the completion of the Project
with its chosen Project contractor (the "Contractor"). This Grant has been awarded with the
understanding that the Project contemplated under the Project Description will contribute to the
enhancement of the City's overall flood mitigation and resilience. As a condition of disbursements of
grant funds, and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,the Grantee must
submit all relevant financial documentation, receipts,and/or invoices to the City upon completion of the
Project.
Page 3
5. REIMBURSEMENTUPON PROJECT COMPLETION: A reimbursement request may be
submitted to the City only after the completion of the Project. The City shall reimburse the Grantee fifty
percent (50%) of Project expenses paid by the Grantee up to the Grant Amount. All reimbursement
requests (a) may only be made after Grantee has made payment to the Contractor, (b) must be
submitted within thirty (30) days of completion of the Project and (c) must be submitted on the Grant
Reimbursement Request Form, attached hereto as Exhibit 4. Grantee shall provide the City with copies
of all receipts, invoices, cancelled checks (with copies of both front of back) and proof of expenditures
of Grant monies. Grantee shall provide the City with and shall categorize all receipts, invoices and other
official documentation from the Contractor completing the Project, cancelled checks, and other
documentation, according to the categories set forth in the Project Budget. Invoices and checks must
be directly related to expenses for Project activities. Reimbursement by the City shall be made only
after the City has received,verified and approved in writing the Project backup documentation submitted
by Grantee. The City reserves the right to request additional documentation. The City's determination
as to the sufficiency of the backup documentation submitted by Grantee shall be final and binding.
6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth
in Article I, subject to the restrictions set forth herein. In awarding this Grant, the City assumes no
obligation to provide financial support of any type whatsoever in excess of the total Grant Amount. Cost
overruns are the sole principal responsibility of the Grantee. The Grant funds will only be remitted to
the Grantee after this Agreement has been fully executed by all parties and the Grantee has satisfied
the conditions of Section 5 herein. Grantee costs to be reimbursed under this Agreement may not
also be claimed under or.reimbursed pursuant to any other agreement with the City of Miami
Beach or any other entity. Any claim for double payment by Grantee shall be a material breach
of this Agreement.
7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used
for the following expenditures: compensation to Grantee or to any entity owned or controlled by Grantee
or any person or entity that employs Grantee; remuneration of City employees for services rendered as
part of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes;
lobbying or propaganda materials; charitable contributions; events not open to the public; or for any
other purpose outside of the scope of the Project Description.
8. NO GUARANTEE OF ADDITIONAL FUNDING: The Grantee acknowledges that the receipt of
this Grant does not imply a commitment on behalf of the City to continue to provide funding beyond the
terms specified in this Agreement.
9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
designee may monitor and conduct an evaluation of the Project to be partially funded by this Grant,
which may include visits to the Project Property by City representatives, construction monitoring
consultants and/or other third parties designated by the City to observe Grantee's progress on the
Project.
Page 4
10. TAX CONSEQUENCES: Owner acknowledges and agrees that payments made by the City for
Owner's benefit and/or funds paid to Owner as a grant pursuant to the Program may constitute taxable
income for income tax purposes and be subject to taxation. Owner shall be solely responsible for
consulting its tax specialist and for the payment of any tax that may arise in connection with Owner's
participation in the Program.
11. INSPECTOR GENERAL AUDIT RIGHTS:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the
Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and
investigations on all City contracts, throughout the duration, of said contracts. This random audit is
separate and distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and empowered to
review past, present and proposed City programs, accounts, records, contracts and transactions. In
addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the
production of witnesses and monitor City projects and programs. Monitoring of an existing City project
or program may include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General shall have the
power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals,activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant
to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records
and documents available to the Inspector General for inspection and copying. The 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
Page 5
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 its office 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:
i. If this contract is completely or partially terminated,the Grantee shall make available records
relating to the work terminated until three (3) years after any resulting final termination
settlement; and
ii. The Grantee shall make available records relating to appeals or to litigation or the settlement
of claims arising under or relating to this contract until such appeals, litigation, or claims are
finally resolved.
F. The provisions in this section shall apply to the Grantee, its officers, agents, employees,
subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Grantee in connection with the performance of
this contract.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the City by the Grantee or third parties.
12. LIABILITY: None of the respective officers, employees, agents, representatives, or principals,
whether disclosed or undisclosed, of the City shall have any personal liability with respect to any of the
provisions of this Agreement. Any liability of the City under this Agreement shall be subject to the
limitations imposed by section 768.28, Florida Statutes.
13. 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, attorneys'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 construction of the Project or 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
Page 6
•
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. Without limiting the foregoing, the
undersigned releases the City from any and all damages or liability due to or resulting from the
construction of the Project.
14.ASSIGNMENT: The Grantee shall not be permitted to assign the Grant or this Agreement, and
any purported assignment will be void, and shall be treated as an event of default pursuant to this
Agreement.
15. COMPLIANCE WITH LAWS:The Grantee agrees to abide by and be governed by all applicable
Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of
Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if
fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is incorporated
herein by reference as if fully set forth herein.
16. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any
of the provisions of this Agreement, the City Manager or the City Manager's designee may terminate
this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving thirty(30)
calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee
under this Agreement. Further, in the event of termination,the Grantee shall be required to immediately
repay to the City all portions of the Grant which have been received by the Grantee, as of the date that
the written demand is received.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon
demand by delivering to the City Manager a certified check for the total amount due, payable to the City
of Miami Beach, Florida.
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
discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any
required written report. In the event of discontinuation of the Grant or at the close of the Project, any
unexpended Grant Funds shall be immediately returned to the City, except where the City Manager has
agreed in writing to alternative use of the unused/unexpended Grant Funds.
17. INSURANCE REQUIREMENTS:
Page 7
A. Verification of Coverage
Grantee shall provide (and/or, at City's option, shall require the Contractor to provide) the required
insurance certificates, endorsements or applicable policy language effecting coverage required by this
Section, as follows. All certificates of insurance and endorsements are to be received prior to any work
commencing. However, failure to obtain the required coverage prior to the work beginning shall not
waive the Grantee's obligation to provide them. The City of Miami Beach reserves the right to require
complete, certified copies of all required insurance policies, including endorsements required by these
specifications, at any time.
i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and
Employer's Liability Insurance with limits of no less than $1,000,000 per accident for
bodily injury or disease.
ii. Commercial General Liability on a comprehensive basis, including products and
completed operations, contractual liability, property damage, bodily injury and personal
&advertising injury combined single limit of$1,000,000 per occurrence for bodily injury
and property damage. City of Miami Beach must be shown as an additional insured with
respect to this coverage.
iii. Automobile Liability. Insurance covering all owned, non-owned and hired vehicles used
in connection with the work, in an amount not less than $500,000 combined single limit
per occurrence for bodily injury and property damage.
B. Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to liability arising out of
work or operations performed by or on behalf of the Grantee.
C. Waiver of Subrogation
Grantee hereby grants to the City of Miami Beach a waiver of any right to subrogation which any insurer
of the Grantee may acquire against the City of Miami,Beach by virtue of the payment of any loss under
such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has
received a waiver of subrogation endorsement from the insurer.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless
otherwise acceptable to the City of Miami Beach Risk Management Office.
E. Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements, including limits, based on
the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Page 8
Certificate Holder
Certificate holder must read:
CITY OF MIAMI BEACH
c/o HR Department/Risk Management Division
1700 Convention Center Drive
Miami Beach, FL 33139
F. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and
obligation under this section or under any other section of this Agreement.
18. FLORIDA PUBLIC RECORDS LAW:
A. All documents submitted by Grantee to the City are subject to the Florida Public Records Law
(Chapter 119, Florida Statutes), and the City would need to produce those documents in response to a
public records request except to the extent any such documents are exempt from disclosure.
B. Grantee shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as
may be amended from time to time.
C. 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.
D. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of
"Contractor"as defined in Section 119.0701(1)(a), the Grantee shall:
i. Keep and maintain public records required by the City to perform the service;
ii. Upon request from the City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law;
iii. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of
the contract term and following completion of the Agreement if the Grantee does not transfer
the records to the City;
iv. Upon completion of the Agreement, transfer,, at no cost to the City, all public records in
Page 9
possession of the Grantee or keep and maintain public records required by the City to
perform the service. If the Grantee 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 Grantee shall meet all
applicable requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records, in a format
that is compatible with the information technology systems of the City.
E. REQUEST FOR RECORDS; NONCOMPLIANCE
i. A request to inspect or copy public records relating to the City's contract for services must
be made directly to the City. If the City does not possess the requested records, the City
shall immediately notify the Grantee of the request, and the Grantee must provide the
records to the City or allow the records to be inspected.or copied within a reasonable time.
ii. Grantee's failure to comply with the City's request for records shall constitute a breach of
this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the
Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail
itself of any available remedies at law or in equity.
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:
F. 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. At least 8 business days before filing the action, the plaintiff provided written notice of
the public records request, including a statement that the Grantee has not complied with
the request, to the City and to the Grantee.
ii. A notice complies with subparagraph(i)(b)if it is sent to the City's custodian of public records
and to the Grantee at the Grantee's address listed on its contract with the City or to the
Grantee's registered agent. Such notices must be sent by common carrier delivery service
or by registered, Global Express Guaranteed, or certified mail,with postage or shipping paid
by the sender and with evidence of delivery, which may be in an electronic format.
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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.
G. 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: RAFAELGRANADOAMIAMIBEACHFL.GOV
PHONE: 305-673-7411
19.WRITTEN NOTICES: Any notices required under this Agreement will be effective when
delivered to the City in writing and addressed to the City Grant Administrator, as identified in Section
20.Any notices required under this Agreement will be effective when delivered to the Grantee in writing
and addressed to the Grantee Contract Administrator.
20. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for
reimbursements to be submitted to the City Contract Administrator listed below:
(Identify City Contract Administrator)
ARTICLE III/MISCELLANEOUS PROVISIONS
21. PUBLIC PURPOSE: The Grant awarded herein is the result of a finding by the City, based on
representatives, documents, materials and other information supplied by Grantee, that the Grantee is
performing a public purpose by contributing to the City's overall flood mitigation and resilience.As such,
use of Grant funds for any program component not meeting this condition will be considered a breach
of the terms of this Agreement and will allow the City to seek remedies including, but not limited to,
those outlined in this Agreement.
22. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following
Special Conditions:
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A. Grantee hereby agrees that 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 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, public accommodations,
public services, and in connection with its membership or policies because of actual or perceived race,
color, national origin, religion, sex, intersexuality,gender identity, sexual orientation, marital and familial
status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status,
labor organization membership, familial situation, or political affiliation.
C. The City endorses, and Grantee shall comply 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 that Grant recipients provide equal access
and equal opportunity and services without discrimination on the basis of any disability.
23. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and remedial, without
regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND
GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
24. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit,
modify or waive either parry's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
25. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for
convenience of reference only and should not be deemed or construed as in any way limiting or
extending the language or provisions to which such captions may refer.
26. CONTRACT REPRESENTS TOTAL AGREEMENT: 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
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its terms. No modifications or amendments may be made to this Agreement unless made in writing
signed by both parties. 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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EXHIBIT 1
PROJECT DESCRIPTION
EXHIBIT 2
PROJECT BUDGET
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EXHIBIT 3
CITY OF MIAMI BEACH
GRANT REIMBURSEMENT REQUEST FORM
Part 1
CMB AGREEMENT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REQUEST No.
Amount of Assistance:
Less Previous Total Disbursements:
Balance Available:
Funds Requested This
Disbursement:
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
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
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