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Private Property Adaptation Program Grant Agreement between CMB & Yvonne Martens DocuSign Envelope ID: D5DCBF5D-0C89-48E2-BF3D-463AC0136915 2022 - 32426 MIAM BEACH MAR - a14 CITY OF MIAMI BEACH PRIVATE PROPERTY ADAPTATION PROGRAM GRANT AGREEMENT GRANT PROJECT No 2023-CMB- PPA0046 This GRANT AGREEMENT (hereinafter the "Agreement') is made and entered into this 26th _day of— January , 20 24 by and between the City of Miami Beach, Florida (hereinafter the "City"), and _Yvyc nnc,Martens _._ , a City of Miami Beach resident (hereinafter the "Grantee"). This Agreement is effective DecembeLL, 2023, the "Effective Date." ARTICLE I I GRANT DESCRIPTION GRANTEE Yvonne Martens MAILING ADDRESS: Same as Property Address CITY, STATE, ZIP: PHONE, FAX, E-MAIL. (305) 308-9699. yvonmartens@aol corn PROPERTY ADDRESS: 3020 Prairie Avenue, Miami Beach, FL 33140 GRANT AMOUNT: LOWER OF 100% OF VERIFIABLE PROJECT COST OR $17,500 PROJECT DESCRIPTION: See Exhibit A hereto GRANT PROJECT BUDGET: See Exhibit B hereto GRANT TERM: 01/01/2024 - 04/15/2025 PROJECT SUBSTANTIAL COMPLETION DATE 12/31/2024 FINAL REPORT DEADLINE: 01/30/2025 FINAL REIMBURSEMENT REQUEST DEADLINE: Sixty(60)days from the Project Substantial Completion Date DocuSign Envelope ID: D5DCBF5D-0C89-48E2-BF3D-463AC0136915 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: By: (CO(' Rafael E. Granado,City Clerk a T. Hudak, City Manager Date - 2024 J 3f!t B.cti, 's IMCORP OAATED' Ir4 cH 226'''''''= FOR GRANTEE: Yvonne Martens By: /1/1,70R104— Gntee Signature P 11114 1AI S " Owner Print Name and Title I-o )1)4 Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION I 7 Cl'?' City Attorney Inq Date Page 2 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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: 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 not exceed $17,500 (inclusive of any contingency amount) as well as a projected cash flow 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$17,500. If the Project cost will exceed $17,500 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 $17,500 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 $17,500 less any amounts previously advanced by the City hereunder. 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 Page 3 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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 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 3151, 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, "Final 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 Page 4 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction(if applicable);(2)the issuance of a Certificate of Substantial Completion by the lead design professional for any portion of the Project for which a design professional was engaged; and/or(3)such other documentation as the City's Contract Administrator may reasonably request as evidence that the Project has achieved Substantial Completion. (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. DISBURSEMENT OF GRANT FUNDS: 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 City's prior written approval, an alternate project described in Exhibit E. Grantee may request that up to ninety percent (90%) of the Grant Award be paid as advances in installments (each such installment, an "Advance") 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 and (b) Grantee may not request an Advance more than once in any thirty (30) day period, and (c) the final ten (10%) of the Grant Award shall not be advanced and shall be paid only as a reimbursement in accordance with the provisions below. 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 and/or(y)the processing of more than one advance request within a thirty(30)day period. Furthermore,the City Manager(or designee)may, in their sole discretion and based on Grantee's certified need,authorize payment of the final ten percent(10%)as an Advance. In order to request an Advance, Grantee shall submit to the City a completed and signed advance request, in the form attached as Exhibit F hereto(or such other form as the City may require)(each, an "Advance Request"), along with (i) the monthly status report described in Section 4, and (ii) all appropriate supporting documentation, including, without limitation, the applicable contract (including the schedule of values), estimate(s), invoice(s), evidence of payment (receipts), warranty information and any other documentation with respect to the Project which may be requested by the City Contract Administrator (collectively, the items identified in (i) and (ii), the "Supporting Materials"). Supporting Materials for the first Advance Request should include proposals, contracts, estimates and other documentation establishing the nature of the expenditure and the amount to be paid (collectively, "Proposals and Estimates"). Supporting Materials for the second and subsequent Advance Requests must include Proposals and Estimates in respect of such Advance as well as documentary proof by Grantee 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. Unless the City Manager(or designee)has waived this condition,the final ten (10%)of the Grant (the "Final 10% Disbursement") shall be paid on a reimbursement basis. The reimbursement request for the Final 10%Disbursement must be submitted on the Grant Reimbursement Request Form, attached hereto as Exhibit D, along with the Project Completion Report and the Final Expenditure and Page 5 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 Payment Documentation (as such terms are defined in Section 4). To the extent possible, Grantee shall categorize all receipts, invoices, cancelled checks, and other documentation submitted to support an Advance Request or a Grant Reimbursement 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 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 advance or reimbursement request. 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 applicable Advance or the Final 10% Disbursement 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 Advance Request or Grant Reimbursement Request, respectively, which shall be accompanied by the Supporting Materials,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) one hundred percent (100%) of the final Project cost, as applicable. 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 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 disburse the Grant 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 Page 6 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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: 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 Page 7 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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: 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. Page 8 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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, 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 Page 9 DocuSign Envelope ID:D5DCBF50-0C89-48E2-BF3D-463AC0136915 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 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 Page 10 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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; 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 Page 11 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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 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 12 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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(a�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 MBRisingAboveAmiamibeachfl.gov Amy Knowles, Chief Resilience Officer AmyKnowlesmiamibeachfl.qov 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 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, Page 13 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 modify or waive either parry's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 24. RELATIONSHIP OF THE PARTIES: It is expressly understood and intended that the Grantee, as the recipient of Grant funds, is not an officer, employee or agent of the City, the City Commission, nor the City department(s) administering the Grant or the Grant Award. Further, for purposes of this Agreement,the Project or activity,the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors and solely responsible for the Project. The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and/or subcontractors shall not act as, nor give the appearance that they 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 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. Page 14 DocuSign Envelope ID: D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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] Page 15 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 Exhibit A PPA Phase 2 Grant Agree... Edit EXHIBIT A PRO]ECT DESCRIPTION FLOOD RISK MITIGATION APPROACH SELECTED(Select all that apply): ❑ Report Alternative 1 Q Report Alternative 2 0 Report Alternative 3 OTHER MITIGATION PRO]ECTS(Select all that apply&provide details belowk O Building Elevation 0 Floor Elevation O Dry Floodproofing 0 Electrical/Mechanical Systems Protection Imo)Temporary Flood Barriers for Openings 0 Sanitary Sewer Backflow Prevention O Wet Floodproofing 0 Flood Resistant Building Materials ❑ Floodwalls and Levees 0 Temp. Flood Barriers for Perimeter Areas ❑ Stormwater Backflow Prevention 0 Permeable Concrete Pavers ❑ Rain Barrels and Cisterns 0 French Drains ❑ Rain Gardens 0 Seawall Improvements Location of Work on Property and Approximate Size (Square Footage, Linear Footage,or Quantity): [182 linear feet Expected Break-Ground Date(Approx.): lAbout 46- days i Expected Project End Date (Approx.): lWrroute5-60days Expected Required Miami Beach Permits: Nc'nQ Other Required Permits: Estimated Project Cost: sfi000 Estimated PPA Funds to be Expended($17,500.00 Max; 50%of Proiect Cost Max): Contractors and Other Professional Partners Company Description/Responsibilities Quote(attach) Contact Info Atlantic ShutteTa Inc. I Manufactunn and instaNin temporary flood �_ba 9 9 Po�Y $t1,000 � Jorge 305.945.7277 rriers on openings where water enters garage 1 1 PRO)ECT NOTES(For City Use): City of Miami Beach: The PPA-related project scope is limited to the following flood mitigation improvement projects:installing deployable flood barriers for the garage door and the garage side door; conducting dry floodproofing with a waterproofing application for the garage.The grantee must work with an engineer to conduct structural analysis for the flood barriers due to hydrostatic pressure build up,and the barriers must not be higher than 3'and must be submitted with an emergency deployment plan. Costs eligible for cost share and reimbursement are limited to those flood risk mitigation activities as described above and in the grant agreement. Participants must submit status report updates MONTHLY to the City. Page 15 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 EXHIBIT B PROJ ECT 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 Rem Description of Expenses: Expenditure Budget Amount Labor Costs: Included in Estimate Design and Architecture: (Included in Estimate Permits: Not needed,temporary fixture I Materials/Supplies: included in Estimate Equipment Rental/Purchase: Insurance Costs: Other: TOTAL: ism000 1 Page 16 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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 151 to March 31st is due on April 15'1. Report Period (if quarterly): 0 Oct. 1 - Dec. 31 0 Jan. 1 — Mar. 31 0 Apr. 1 —Jun. 30 C 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: Page 18 DocuSign Envelope ID: D5DCBF5D-0C89-48E2-BF3D-463AC01 36915 EXHIBIT D CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM Note: A budget update and 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: i 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 Page 19 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 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.5. 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.5. 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. Page 20 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 EXHIBIT F PPA LMI PARTICIPANT ADVANCE REQUEST FORM GRANT PROJECT No.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: ' REQUEST No. NOTE: Capitalized terms used herein and not otherwise defined shall have the meaning given to them in the Grant Agreement. Pursuant to the executed Grant Agreement, Grantee shall submit to the City a completed, signed Advance Request Form, along with (i) the monthly status report described in Section 4, and (ii) all appropriate supporting documentation, including, without limitation, the applicable contract (including the schedule of values), estimate(s), invoice(s), evidence of payment (receipts), warranty information and any other documentation with respect to the Project which may be requested by the City Contract Administrator(collectively, the items identified in (i) and (ii), the"Supporting Materials"). Supporting Materials for the first Advance Request should include proposals, contracts, estimates and other documentation establishing the nature of the expenditure and the amount to be paid (collectively. "Proposals and Estimates"). Supporting Materials for the second and subsequent Advance Requests must include Proposals and Estimates in respect of such Advance as well as proof of payment in respect of all amounts advanced pursuant to prior Advance Requests. The Grantee shall be solely responsible for submitting all documentation required by this Agreement. Project Costs shall be identified, tracked, accounted for, invoiced, and paid by Grantee in a manner that clearly distinguishes the Project Costs from other costs incurred by Grantee. The City shall make Grant Disbursements to the Grantee by check or wire transfer, as the City determines in its sole discretion. Grantee may not request an Advance more than once in any thirty (30) day period unless the City Manager (or her designee) authorizes, in her sole discretion, a higher frequency of Advance Requests based on Grantee's demonstrated need. Provided that an uncured default does not exist, and that Grantee is otherwise in compliance with the terms of this Agreement, the City will pay the applicable Advance within forty-five (45) days of its receipt of an acceptable Advance Request and all Supporting Materials. Grantee understands and agrees that Advances to the Grantee will be made solely in accordance with applicable state and federal laws. Page 21 DocuSign Envelope ID D5DCBF5D-0C89-48E2-BF3D-463AC0136915 Amount of Grant Award: Less Previous Total Disbursements. Balance Available: Funds Requested this Advance: Certification of Payment: I certify that the above expenses are necessary and reasonable for the completion of the Project and in accordance with the terms and conditions set forth in Grant Agreement and (b) 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 or any other grant agreement between the Grantee and any other party. Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 22 DocuSign Envelope ID:D5DCBF5D-0C89-48E2-BF3D-463AC0136915 MIAMI BEACH 2023-CM B-0046 Fight the Flood Private Property Adaptation Program—3020 Prairie Ave Yvonne Martens ENV&SUST Si:nature Amy Knowles any alok,keS Eric Carpenter iii i 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 the Yvonne Martens 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 toward installing deployable flood barriers and conducting dry flood proofing with a waterproofing application for the garage on the property. 1 year dm Grant Funded: Yes X No State Federal Other: Pccauntµ 1 $17,500 112-0310-000343-36-402-518-00-00-00-66221 " Yes X No 2 "�.,p;,,„,. 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: 22-32426 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: Information Technology: N/A finwtka Offo Skiv.rf Risk Management: N/A Fleet&Facilities: N/A Human Resources: N/A Other: