Private Property Adaptation Program Matching Grant Agreement between CMB & Benjamin Kalmanowicz DocuSign Envelope ID:5D3F51 F0-904A-4182-BA92-7ECD719DA000
20 22 - 32 426
CITY OF MIAMI BEACH
PRIVATE PROPETY ADAPTATION PROGRAM
MATCHING GRANT AGREEMENT
GRANT PROJECT No Z023-CMB- PPA0019
This GRANT AGREEMENT thereinafter the Agreernennt") is made and entered into th•s
= --day of 20 23 _by and between the City of Miami Beach,Florida
(here natter the `City"), and Benjamin Kalmanowicz a City of Miami Beach resident (hereinafter the
'Grantee').This Agreement is effective December 1 ,2023,the Effective Date.'
ARTICLE t 1 GRANT DESCRIPTION
GRANTEE: Benjaminfaimanowicz
MAILING ADDRESS.
CITY, STATE,ZIP
PHONE,FAX,E-MAIL:
PRCOERTY ADDRESS 330 West 47 Street, 'dame Beach, FL 33140
GRANT AMOUNT LOWER OF 50% OF VERIFIABLE PROJECT
COST OR S17,500
PROJECT DESCRIPTION See Exhibit A hereto
GRANT PROJECT BUDGET See Exhibit B hereto
GRANT TERM 12/01/2023- 10/13/2024
PROJECT SUBSTANTIAL COMPLETION DATE O6/3012024
FINAL REPORT DEADLINE 07130,2024
FINAL REIMBURSEMENT
REQUEST DEADLINE Sixty(60;days from the Protect Substantia;Completion Date
DocuSign Envelope ID:5D3F51 F0-904A-4182-BA92-7ECD719DA000
sor
IN WITNESS WHEREOF,the nar'.es hereto harp,r•:,!�,i�'c'this Arirr.amen:.
FOR CITY City of M ami Beach, F -
ATTEST
By
Rafael E Grarado,C:ty Clerk
FEB 0 1 2024
Date
FCR GRANTEE (Name of Grantee)
6 Federal Id No._
ATTEST
By
A orized Signature
Print Name and T;te Pint Name and Tale..
C ,20 z3
Date ATP-OVE AS -.,
OR" &LA'IG_ACE
;f,F oR E'.ECau;'rty
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ARTICLE II / 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 flood resiliency
improvements at the Property as specifically described in the Project Description attached hereto as
Exhibit A and incorporated herein (the "Project"). Any modification to Exhibit A ("Project Description"),
shall not be effective unless approved by a written amendment to this Agreement signed by the City
and Grantee. Notwithstanding the foregoing, if it becomes impracticable for the Grantee to construct
the Project, the Grantee may, with the City's prior written consent, pursue the alternate project, if any,
described in Exhibit E attached hereto and incorporated herein. If the pursuit of an alternate project is
approved by the City,then such project shall be deemed the"Project"for all purposes of this Agreement.
3. GRANT PROJECT BUDGET: Grantee acknowledges and agrees that the Grant under the
Private Property Adaptation program (the "Program") is a matching grant whereby the Grantee agrees
to match the Grant with an amount that is equal to or greater than the Grant amount using funds
provided by Grantee or another source. Grantee further acknowledges and agrees that the Grant shall
be paid on a reimbursement basis and Grantee shall be required to pay for the expenses of the Project
in full prior to receiving any Grant moneys from the City. Exhibit B (Project Budget)includes an estimate
of the Project cost. At such time as Grantee has executed agreements with its design professional(s)
and contractor, Grantee shall submit a revised Project Budget which shall reflect all sources of funding
for the Project; the sum of such sources (including the Grant) must equal or exceed the Project Budget.
If at any time the Grantee anticipates that the total Project cost will exceed the Project Budget, Grantee
shall provide prompt written notice to the City which shall include: (a) a revised, detailed cost estimate
for the revised Project cost and (b)documentary evidence reasonably satisfactory to the City regarding
Grantee's sources of funding for all costs in excess of the Project Budget. Grantee shall be permitted
to modify the Project Budget to increase any line item(s) by decreasing other line item(s)to account for
changes in actual costs so long as such modifications do not alter the scope of the Project. If Grantee
wishes to revise the scope of the Project to enable it to complete the Project within the Project Budget,
the Grantee must obtain the approval of the City's Contract Administrator.
4. 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 resiliency and flood
mitigation efforts. To demonstrate that the Grant is being used in accordance with the description of the
Project as reflected in 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 monthly (for Projects
anticipated to be completed within one (1)year or less)or quarterly reports (for all other Projects)to the
Contract Administrator, using the form attached hereto as Exhibit C (each, a"Grantee Report"). Monthly
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reports shall be due on the 15th of the month in respect of the preceding month and quarterly reports
shall be due on January 15th, April 15th, July 15th, and October 15th of each year of the Grant term in
respect of the immediately preceding calendar quarters ending December 31st, March 31 st, June 30th
and September 30th, respectively. Each Grantee Report must include (a)the most up-to-date line-item
budget detailing all expenses up to the point of Report submission, (b) all contractor quotes not
previously submitted to and reviewed by the City, (c) all architecture and/or contractor designs and/or
construction plans not previously submitted to and reviewed by the City, and (d) a brief description of
Grantee's progress on completing the Project, including any challenges, difficulties, or other issues the
Grantee has experienced . In addition to the required quarterly reports, the City reserves the right to
request reasonable additional reports and/or information at any time. Upon the completion of the
Project, Grantee shall submit a final report ("Project Completion Report") with a description of the
completed Project, along with back-up documentation consisting of photographs of 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 of back) and
other proof that Grantee has paid for all expenses of completing the Project, including evidence of final
payment to all design professionals and contractors (collectively, "Expenditure and Payment
Documentation"). 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.
5. PROJECT TIMELINE AND SUBSTANTIAL COMPLETION: Grantee shall use commercially
reasonable best efforts to commence Project-related construction activities within one year of the
Effective Date. Grantee acknowledges that failure to commence Project-related construction activities
within such one-year period may result in the termination of this Agreement and rescission of the Grant;
however, the Contract Administrator may extend the time for initiating Project construction in his/her
sole discretion. Further, Grantee shall use commercially reasonable best efforts to ensure the Project
achieves Substantial Completion (as defined below) on or before the Project Substantial Completion
Date set forth in Article I. For purposes of this Agreement, "Substantial Completion" means
(a) If the Project (or portion thereof) entails construction, the date when the work constituting
the Project, as certified in writing by the Grantee and the lead design professional(i.e., the"architect
of record" or the "engineer of record," as the case may be), if any, has been developed, designed,
engineered and constructed in accordance with the applicable contract documents such that all
conditions of permits and regulatory agencies have been satisfied and the Project is ready for
occupancy (if applicable) and utilization for the uses and purposes intended, without material
interference from incomplete or improperly completed work and with only minor punch list items
remaining to be completed, all as reasonably determined by the lead design professional, and
evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the
authority having jurisdiction (if applicable); (2) the issuance of a Certificate of Substantial
Completion by the lead design professional for any portion of the Project for which a design
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professional was engaged; and/or(3)such other documentation as the City's Contract Administrator
may reasonably request as evidence that the Project has achieved Substantial Completion.
(b) 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).
6. REIMBURSEMENT REQUESTS: The City shall only reimburse the Grantee for expenses
incurred in connection with the Project or, if Grantee has obtained the City's prior written approval, an
alternate project described in Exhibit E. Reimbursement requests may be submitted to the City only
after the Project achieves Substantial Completion and Grantee has paid for all expenses of the Project.
All reimbursement requests for funds must be submitted on the Grant Reimbursement Request Form,
attached hereto as Exhibit D. Grantee shall also provide the City with copies of all Expenditure and
Payment Documentation (as defined in Section 4). To the extent possible, Grantee shall categorize all
receipts, invoices, cancelled checks, and other documentation 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 Project Completion Report and all relevant Expenditure and Payment
Documentation may result in a delay in or denial of Grantee's reimbursement. Provided that an uncured
default does not exist, and that Grantee is in Good Standing (as defined in Section 28 below) with the
City and otherwise in compliance with the terms of this Agreement, the City shall disburse the Grant
within forty-five (45)calendar days of its receipt of an acceptable Reimbursement Request,which shall
be accompanied by the Project Completion Report and all relevant Expenditure and Payment
Documentation if not previously submitted. For the avoidance of doubt, the amount to be disbursed
shall not in any event exceed the lower of (i) the Grant Amount set forth in Article I or (ii) fifty percent
(50%) of the final Project cost. The City shall have no obligation to disburse to Grantee any portion of
the Grant Award which remains unused at the completion of the Project and Grantee shall have no
claim to such unused portion of the Grant Award.
7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used
for any purpose unrelated to the Project. Without limiting the foregoing, the following expenditures are
expressly prohibited: fences and gates; electrical wiring; landscaping lights; boulders and landscape
features; irrigation systems; monument signs; swimming pools; hurricane windows and shutters; tree
planting (except as permitted in connection with a rain garden or other approved flood mitigation
project); harmonization projects; fountains; cosmetic or decorative lawn items; remuneration of City
employees for services rendered as part of a project funded by this Grant; debt reduction unrelated to
the Project; or lobbying or propaganda materials. Grants may only be used for the City-approved flood
resiliency and/or mitigation projects described in Exhibit E.
8. GRANTEE SOLELY RESPONSIBLE FOR PROJECT EXPENSES AND COST OVERRUNS:
The Grantee shall be responsible for all work performed. Further, subject to the City's obligation to
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disburse the Grant on a matching, reimbursement basis in accordance with the terms of this Agreement,
Grantee shall be solely liable for all expenses incurred in connection with the Project. The Grantee may
contract as necessary to complete the Project, including entering into contracts with vendors for services
and materials, provided, Grantee understands that the City shall not be liable to any such vendors for
any expenses or liabilities incurred pursuant to any contracts or agreements the Grantee may enter into
with such vendors. Without limiting the generality of the foregoing, the City shall have no obligation to
fund any amount in excess of the Grant amount. Grantee shall be solely responsible for any Project
cost in excess of the Project Budget as required and necessary to complete the Project.
9. NO GUARANTEE OF FUNDING: The Grantee acknowledges that the receipt of this Grant does
not imply a commitment on behalf of the City to continue or provide funding beyond the terms specified
in this Agreement.
10. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
designee may monitor and conduct an evaluation of the Project under this Grant, which may include,
with or without limitation, reasonable visits by City representatives to the Property and/or reasonable
requests for submittal of additional documentation or written reports in addition to those required
pursuant to Section 4, prior to the Project completion date, evidencing Grantee's progress on the
Project. The City shall provide Grantee with reasonable advance notice before visiting the property to
evaluate Project progress.
11. ACCOUNTING AND FINANCIAL REVIEW: The Grantee shall keep accurate and complete
books and records of all receipts and expenditures of Grant funds, in conformance with 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 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, 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:
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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
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:
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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.
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,
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 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 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
paragraph shall survive the expiration or early termination of this Agreement.
14. INDEMNIFICATION BY CONTRACTORS AND CONSULTANTS: Any contract between
Grantee and its contractor shall provide that the contractor or consultant (as applicable) shall defend,
indemnify and save harmless the City, its officers, agents and employees, from or on account of any
injuries or damages, received or sustained by any person or persons during or on account of any
construction activities of contractor or consultant (as applicable), or any of its subcontractors,
subconsultants, agents, servants, or employees connected with the Project; or by or in consequence of
any negligence of contractor or consultant(as applicable), or any of its subcontractors, subconsultants,
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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 its contractors and the architectural
or engineering services agreement between Grantee and the 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 its contractors and the architect's
agreement between the Grantee and the 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 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.
17. DEFAULT/TERMINATION 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 within thirty
(30) days of a written default notice, the City may terminate this Agreement by written notice and the
City shall thereafter have no further obligation to the Grantee under this Agreement. Notwithstanding
the foregoing, if Grantee cannot reasonably cure such default within such thirty (30) day period, such
cure period shall be extended for up to ninety(90)days following the date of the original notice, if within
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thirty (30) days after such written notice, Grantee commences diligently and thereafter continues to
cure.
These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law or in equity.
Notwithstanding the provisions of this Section, and without regard to whether City has exercised
the default provisions thereof,the City reserves the right, at its sole and absolute discretion,to terminate
this Agreement and cancel the Grant if it is not satisfied with the progress of the Project or the content
of any required written report.
18. INSURANCE REQUIREMENTS: At Grantee's sole cost and expense, Grantee shall maintain
throughout the Term of this Grant, and provide proof of, an active flood insurance policy. Grantee shall
also maintain (and shall require its design professionals and contractors to maintain) such other
insurance coverages as Grantee shall determine in the Grantee's sole discretion.
19. FLORIDA PUBLIC RECORDS LAW:
A. Grantee shall comply with Florida Public Records law under Chapter 119, Florida Statutes,
as may be amended from time to time.
B. The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the transaction of
official business of the City.
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)(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;
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iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records in
possession of the Consultant or keep and maintain public records required by the City
to perform the service. If the Consultant transfers all public records to the City upon
completion of the Agreement, the Grantee shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements. If the Grantee keeps and maintains public records upon completion of
the Agreement, the Consultant shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
i. A request to inspect or copy public records relating to the City's contract for services
must be made directly to the City. If the City does not possess the requested records,
the City shall immediately notify the Consultant of the request, and the Grantee must
provide the records to the City or allow the records to be inspected or copied within a
reasonable time.
ii. Grantee's failure to comply with the City's request for records shall constitute a breach
of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the
Agreement; (2)avail itself of the remedies set forth under the Agreement; and/or(3)avail
itself of any available remedies at law or in equity.
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. 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
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records and to the Grantee at the Grantee's address listed on its contract with the City
or to the Grantee's registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in
an electronic format.
iii. A Grantee who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
F. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c�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 City Grant Administrator, as identified in Section
23. Any notices required under this Agreement will be effective when delivered to the Grantee in writing
and addressed to the Grantee Contract Administrator.
21. CITY CONTACT: All contract related questions, reports and requests for reimbursements to
be submitted to individuals listed below:
Noel Webber and Juanita Ballesteros, Sustainability and Resilience Division
MBRisingAbove@a.miamibeachfl.gov
Amy Knowles, Chief Resilience Officer
AmyKnowles(a�miamibeachfl.gov
ARTICLE III / 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
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Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND
GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
23. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit,
modify or waive either 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 of Grant funds, is not an officer, employee or agent of the City, the City
Commission, nor the City department(s) administering the Grant or the Grant Award. Further, for
purposes of this Agreement,the Project or activity,the parties hereto agree that the Grantee, its officers,
agents and employees are independent contractors and solely responsible for the Project. The Grantee
shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees
and/or subcontractors shall not act as, nor give the appearance that they are, agents, servants, joint
venturers, collaborators or partners of the City, the City Commission or the department(s)administering
the Grant or the Grant Award. No Party or its officers, elected or appointed officials, employees, agents,
independent contractors or consultants shall be considered employees or agents of any other Party,
nor to have been authorized to incur any expense on behalf of any other Party, nor to act for or to bind
any other Party, nor shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other employee rights or privileges
granted by operation of law or otherwise, except through and against the entity by whom they are
employed.
25. NO THIRD-PARTY BENEFICIARY RIGHTS: The terms of this Agreement inure to the
benefit of only those Parties named herein. This Agreement is not intended to and shall not be
construed to give any third party any interest or rights, including without limitation third-party beneficiary
rights, with respect to or in connection with any agreement or provision contained herein or
contemplated hereby.
26. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for
convenience of reference only and should not be deemed or construed as in any way limiting or
extending the language or provisions to which such captions may refer.
27. CONTRACT REPRESENTS TOTAL AGREEMENT; OPPORTUNITY TO REVIEW: This
contract, including its special conditions and exhibits, represents the whole and total agreement of the
parties. No representations, except those contained within this Agreement and its attachments, are to
be considered in construing its terms. No modifications or amendments may be made to this Agreement
unless made in writing signed by both parties. The City Manager, on behalf of the City, shall be
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DocuSign Envelope ID:5D3F51 F0-904A-4182-BA92-7ECD719DA000
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 "Force 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 party unable to perform the obligation, and (iii) is not due to an intentional
act, error, omission, or negligence of such party, and (iv)could not have reasonably been foreseen and
prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing
criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics,
pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions,
transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include inclement weather or failure to secure any
of the required permits pursuant to the Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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DocuSign Envelope ID 5D3F51F0-904A-4182-BA92-7ECD719DA000
EXHIBIT A
PROJECT DESCRIPTION
FLOOD RISK MITIGATION APPROACH SELECTED(Select all that apply):
Report Alternative 1 Report Alternative 2 ,'Report Alternative 3
OTHER MITIGATION PROJECTS(Select all that apply & provide details below):
Li Building Elevation ❑ Floor Elevation
❑ Dry Floodproofing ❑ Electrical/Mechanical Systems Protection
❑ Temporary Flood Barriers for Openings ❑ Sanitary Sewer Backflow Prevention
❑ Wet Floodproofing ❑ Flood Resistant Building Materials
❑ Floodwalls and Levees ❑ Temp. Flood Barriers for Perimeter Areas
❑ Stormwater Backflow Prevention Permeable Concrete Pavers
❑ Rain Barrels and Cisterns KFrench Drains
Rain Gardens El Seawall Improvements
Location of Work on Property and Approximate Size(Square Footage, Linear Footage. or Quantity).
Expected Break-Ground Date(Approx.):
QI 102\
Expected Project End Date(Approx.):
G2 2G 2A
Expected Required Miami Beach Permits:
Other Required Permits: -� J
Estimated Project Cost: (, - `ko,0 0d
Estimated PPA Funds to be Expended 17,500.00.rlax; 50%of Project Cost Max)-
Contractors and Other Professional Partners
1 O jF �iNPrL Z�1�
Company Description/Responsibilities Quote(attach) Contact Info
O.e Seedy L &scc c \cu 5to S CC
OR va- c a GC UJO $l 4.60 0 � e��u�coli)
't P Iec se, d o - co.nhcic k'(
PROJECT NOTES(For City Use): J0 (psC�ACS S\vts G�
City of Miami Beach:
The PPA-related project scope is limited to the following flood mitigation improvement projects: French drains,rain •
garden which serves as a means of Stormwater collection and filtration and features flood tolerant plants,and
permeable pavers with 20%air content or voids to allow the water to drain.Costs eligible for cost share and
reimbursement are limited to those flood risk mitigation activities as described above and in the grant agreement. •
Other costs not associated with flood risk mitigation,like lighting or fencing,will not be reimbursed by the program.
Participant must submit status report updates MONTHLY to the City.
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DocuSign Envelope ID:5D3F51 F0-904A-4182-BA92-7ECD719DA000
EXHIBIT B
PROJECT BUDGET
Please fill this form out for the initial submission of your grant agreement and for each subsequent
reimbursement request and project update.
Budget Line Item Description of Expenses: Expenditure Budget
Amount
Labor Costs s\-t•dit�, I'- 30 p co
Design and Architecture 1,6,,A5L uv`
a �� - 2`"9i LOO ir
v IZr
Q1Qv 0 T.0 0
Permits
Materials/Supplies
r s
Vftiit,
tiSler OoC
Equipment Rental/Purchase:
- ---- ----- -
Insurance Costs
Other:
TOTAL: — - 65,ocD
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EXHIBIT C
CITY OF MIAMI BEACH
GRANT QUARTERLY STATUS REPORT FORM
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTACT INFO:
GRANTEE CONTRACTOR:
GRANTEE CONTRACTOR CONTACT INFO:
REPORT PERIOD:
Grantees with Projects expected to be executed over a period that will exceed 1 year in duration must
provide quarterly status reports. Grantees with Projects to be executed within 1 year must submit
status reports monthly. Monthly reports are due on the 15th of each subsequent month. Example: the
report for March 1st to March 31st is due on April 15th
Report Period (if quarterly):
0 Oct. 1 - Dec. 31 ❑ Jan. 1 — Mar. 31 0 Apr. 1 —Jun. 30 ❑ Jul. 1 - Sept.30
Due Jan. 15 Due Apr. 15 Due Jul. 15 Due Oct. 10
Report Period (if monthly):
SUMMARY OF WORK COMPLETED:
(Describe the work to-date and the status of the project. Include permitting, landscaping, electrical,
structural, and other work related to the project. Include photos if available.)
BUDGET EXPENDED: $
(Please attach an updated project budget sheet)
ISSUED PERMIT ID NUMBERS:
PROBLEM(S) ENCOUNTERED:
Grantee
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date:
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DocuSign Envelope ID:5D3F51 F0-904A-4182-BA92-7ECD719DA000
EXHIBIT D
CITY OF MIAMI BEACH
GRANT REIMBURSEMENT REQUEST FORM
Note: A budget update, project update must be attached to this form to receive payment. Please
include all associated Expenditure and Payment Documentation (as defined in Section 4), including
itemized bills from the contractor and photo documentation of the work completed.
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACTOR:
GRANTEE CONTRACTOR CONTACT:
REQUESTING PARTY:
PAYMENT ADDRESS:
Reimbursement Term Start:
Reimbursement Term End:
Remaining PPA Funds (up to
$17,500; up to 50% of project cost):
Funds Requested This
Disbursement:
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
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
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DocuSign Envelope ID:5D3F51 F0-904A-4182-BA92-7ECD719DA000
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 flood 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 Backflow Prevention
B. Category B shall include improvements to the building envelope for non-habitable spaces
for any flood 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
B.3. Temporary Flood Barriers for Openings
B.4. Wet Floodproofing
B.S. Flood Resistant Building Materials
C. Category C shall include improvements to the property site for storm surge flooding
mitigation. In order of most effective to least effective, unless otherwise demonstrated by the
design professional, project types in Category C include:
C.1. Floodwalls and Levees
C.2. Temporary Flood Barriers for Perimeter Areas
Temporary Flood Barriers for Openings
C.3. Stormwater Backflow Prevention
D. Category D shall include improvements to the property site for rainfall flooding mitigation.
For projects in Category D differing from the Phase I 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
Rain Barrels and Cisterns
French Drains
Rain Gardens
E. Category E shall include Seawall Improvements.
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DocuSign Envelope ID:5D3F51 F0-904A-4182-BA92-7ECD719DA000
1 V 1 I ,A V 1 I B E AC H Contract/Document Routing Form
2023-CMB-0019 Fight the Flood Private Property Adaptation Program—330 West 47th Street
Benjamin Kalmanowicz ENV&SUST 1111
Amy Knowles L— /17 eA.S. Eric Carpenter J'
93D9101916U1 e9L
CJ� 7 gip'
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
X Type 5—Grant agreements with the City as the grantor Other:
Brief Summary&Purpose(attach memo if additional space is necessary)
This is a grant being awarded to multiple grantees.This specific form pertains to Benjamin Kalmanowicz 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 $666,000.00 annually from 2020. This fund was extended
to 2025 through Resolution No.2023-32614.The applicant will be using the PPA funds to contribute installing French drains,
rain gardens,and permeable/pervious pavers on their property.
•
1 year
Grant Funded: Yes X No State Federal Other:
oo
1 $17,500 112 0310 000343 36 402 518-00-00-00 66221 1E's."""
r ., Yes X No
7 7
.�2 �,,._,._.,,� ,,, Yes No
3 Yes No
4 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.
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32426 C7 C 12/14/2022
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
Procurement: N/A Grants: N/A
Budget: U,,usonedbY Information Technology: N/A
two-6 1 ffo Sf.warf
Risk Management: --/VVIOEE
1163 Fleet&Facilities: N/A
Human Resources: N/A Other: