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Private Property Adaptation Program Matching Grant Agreement between CMB & Boni Vista Condo Assoc DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 20 22 - 32426 MAR 6 - 2024 MIA,\'\I BEACH CITY OF MIAMI BEACH PRIVATE PROPETY ADAPTATION PROGRAM MATCHING GRANT AGREEMENT GRANT PROJECT No.:2023-CMB-PPA0039 This GRANT AGREEMENT (hereinafter the "Agreement') is made and entered into this b S day of - e4/4 a.r ,20 24 by and between the City of Miami Beach,Florida (hereinafter the "City"), and Boni Vista/Condo Assoc , a City of Miami Beach resident (hereinafter the "Grantee"). This Agreement is effective December 1 ,2023,the'Effective Date." ARTICLE I!GRANT DESCRIPTION GRANTEE: BONI VISTA TWO CONDOMINIUM ASSOCIATION, INC. MAILING ADDRESS: CITY,STATE,ZIP: PHONE, FAX.E-MAIL: Bonivistatwo@yahoo.com PROPERTY ADDRESS: 7150 Indian Creek Dr. Miami Beach, FL 33141 GRANT AMOUNT: LOWER OF 50% OF VERIFIABLE PROJECT COST OR$17.500 PROJECT DESCRIPTION: See Exhibit A hereto GRANT PROJECT BUDGET: See Exhibit B hereto GRANT TERM: 12/01/2023-04/152025 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:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 IN WITNESS WHEREOF. the parties hereto have executed this Agreement. FOR CITY. City of Miami Beach,Florida ATTEST. By --- Rafael E Granado,City Clerk _�s�-`;""g l,,� ina 1 Hudak City tanager ... zP MAR 6 - -2024 `` Date =1NCORP OWEN N CH 2 Boni Vista Condominium FOR GRANTEE Association By L./?R.4 7-4 M.4ri — ('/L ES Pnnt Name and Title APPROVED AS TO FORM&LANGUAGE o ego s-/,' &FOR EXECUTION Date0iI311Z1 2i City Attorney Date Page 2 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1 D-CB6600EA5A78 ,.upt I l I'iil I IIV•`rq ,�I L.+H..u.q for profit torp"r.shon The undersigned officers of av t,'✓1 c a Ronda not-for-profit corporation the ".\sxwiatd.+n)hereby cattfv that the hollowing Resolutions luxe been adopted by the Board of Directors of the Assoc lotion RESOLVED.that the Association shall be autorited to(It execute and deliver a grant agreement the 'Grant Agreement')substantialls in the form attached hereto as j xhtbe,\for Phase 2 of City of Miami Reach fight the Flood Pro ate Property Adaptation Program,the Program')in relation to grant funding tiro Improvements at the property lo...ucd at 1 TO jetclec.A.Leff%.,which n subject to the terms and prostsuns of the Declaration of Cordlisminturn of . t(UNDO!111.II S1. filed ha record an Official Records Book at Page if the Public Records of Miami-Dade Counts.Florida(together with all amendments and or supplements thereto. wllecttsely. the •tkclarau,m-). (2) execute an agreement. including all neccssan supporting documents.with the Association's prctened design consultant(if applicable)(the"Design Consultant Agreement) to prepare the neocssars drawings and constriction documents for the execution of the work contemplated hs the (+rant Agreement .and pursuant to the Program (the "Work'. (3) execute an agreement. including all necessary supporting donunent, ss ith the Associations preferred contractcv (the "Construction Agreement")to execute the Work, FL RTIIER RESOLVED,that the Association hereby autlts,tvcs.directs and empowers .21 0 as President of the Association.or .as\'ice President of the Association.to act for and on behalf of the Association. to execute and deliver the Grant Agreement. the Design Consultant Agreement and the Constriction Agreement and to execute and deliver all other documents and to take all other actions that either deems necessary or appropriate to execute the A.A. 1 F Is IILRF:BI CLRI IVIED that the foregoing Resolutions have been duly adopted at a meeting of the Hoard of Directors of Association.which meeting was'called for such specific purpose and)held in accordance with the:urmu Its-Laws and Articles of Ineorryeatian of the Association and in acv,rdance with the taws tit die Stale of Florida It is further certified that the Hoard of Directors of Association has full power and althorns to band the Association in accordance here.•mh and that the bsrcgoing Resolutions are in full force and etltt-t as of this date and that the tircgoing Re-uslutions have not been altered amended.modified or rescinded and,furthermore,the sante shall be true valid and holding upon Association IN N I INLSS N IIhREOF this instrument has been executed this 0 S das of Sal"a via To.-J ( )01,1 RAII\T ASS(1l.'IAt ION.INC. a Florida noi-tor profit corporation J liy l/do r /�il'.' Act Director and President By As Director and Vice DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 EXHIBIT C CITY OF MIAMI BEACH GRANT QUARTERLY STATUS REPORT FORM GRANTEE NAME. ISM( j/ s{a -6.1., C•^c"wh n r..•� GRANTEE ADDRESS: "71 SO ?, J 1'ck Ge e lc Y'r. GRANTEE CONTACT INFO. L�9rAAh ---- GRANTEE CONTRACTOR: GRANTEE CONTRACTOR CONTACT INFO REPORT PERIOD: Grantees with Prtlects expected to be executed over a penal 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 157 of each subsequent month.Example the report for March 1st to March 31 1-is due on April 15''. Report Period(if quarterly): Oct. 1 -Dec. 31 L7 Jan. 1—Mar.31 Z Apr. 1—Jun.30 17. Jul. 1 -Sept30 Due Jan. 15 Due Apr. 15 Due Jul. 15 Due Oct. 10 Report Period(rf rr.on!hfy): SUMMARY OF WORK COMPLETED. (Describe the won( to-date and the status of the project. Include permitting. landscaping, electncal, structural,and other work related to the project. Include photos if available.) BUDGET EXPENDED:S (Please attach an updated project budget sheet) ISSUED PERMIT ID NUMBERS: PROBLEM(S)ENCOUNTERED: Grantee Rap-rt Prepared By. 1rbra Vet/Aq 7' OL/a r/29 Nary, Signature/Date C,ty of Miami Bunch Report Reviewed By: Name Signature/Date: Page 17 DocuSign Envelope ID:6006ABBB-B7C5-40A1-ACID-CB6600EA5A78 EXHIBIT D CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM Note'A budget update.protect 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: Q II __ ✓�~lI �/ A 1"-' C•"O-D>wl %(e J1 GRANTEE ADDRESS: 7/Tv T^ ct tQ-,'Mtn Q- l_ a" 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 tnose 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 ay: N7'n Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 18 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 MEI EXHIBIT E ALTERNATE PROJECT CATEGORIES Upon the wntten approval of the Contract Administrator, the Grantee may substitute its Project for a project of equal cr 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 categones A. Category A shall include improvements to the building envelope for habitable spaces for any flood type.In order of must effective io 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 Hood type.In order of most effective to least effective,unless otherwise demonstrated by the uesign professional,project types in Category B include. B.1. Building Elevation 8 2. Dry Floodproofing 8.3. Temporary Flood Bamers for Openings 13 4.Wet Floodproofing 8.5. Flood Resistant Building Materials C. Category C shall include improvements to the property site for storm surge flooding rnrtigaLon.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 1.Stormwater Backflow Prevention D. Category D shall include improver e,•ts to the property site for rainfall flooding mitigation. For pruicts in Category D differing iron the Phase I recommendations to calculations must i>e aJurnrtted demonstrating an equal or greater effectiveness to be eligible. Project types in Cateyo:y J urcluda: D.1. Permeac+e Concrete Pavers Rain Barrels ano ,tiicrrrti French Drains Rain Gardens E. Category E shall include Seawall Improvements Page 19 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1 D-CB6600EA5A78 ARTICLE II l 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 administenng 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 al 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 snail 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 r 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 approvai 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 aA other Projects)to the Contract Administrator,using the form attached hereto as Exhibit C(each,a'Grantee Report') Monthly Page 3 1 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 reports shall be due on the 15" of the month in respect of the preceding month and quarterly reports shall be due on January 15'",Apnl 15",July 15'. and October 15'"of each year of the Grant term in respect of the immediately preceding calendar quarters ending December 31", March 31",Juno 30' and September 30".respectively Each Grantee Report must include(a)the most up-to-date line-item budget detailing at expenses up to the point of Report submission. (b) ail contractor quotes not previously submitted to and reviewed by the City,(c)all architecture andior contractor designs andior 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 expenenced In addition to the required quarterly reports,the City reserves the right to request reasonable additional reports andior 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 ail 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,arid 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 penod 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 Certiticate of Substantial Completion by the lead design professional for any portion of the Project for which a design Page 4 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 professional was engaged,and/or(3)such other documentation as the City 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 ail applicable manufacturer instructions and building codes such that the Grantee will be able to use such equipment for its intended purposes) 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 descnbed 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 ;f 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 tii)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 Page 5 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 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 entenng 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 aavance 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 ail receipts and expenditures of Giant 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 bo dated within the fiscal year for which they are approved and retained in httami-Dadu 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 boons, records, and documents may be examined by the City, and/or its authorized representatives, upon raasonanln notce. Furthermore, the City may, at its expense. audit or have audited,all the financial records of the Grantee.whether cr 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 Granter shall be a material breach of this Agreement. 12.INSPETQR GENERAL AUDIT RIGHTS' Page 6 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 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 light 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. (bidiproposal) 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 (31 years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition. Page 7 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 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 cr 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.pnncipats 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 heroin proviaea 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 tho laws of trio State of Flonda. Nothing herein shall be construed to waive any of the City's nghts 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 er early termination of this Agreement. 14.INDEMNIFICATION BY CONTRACTORS AND CONSULTANTS; Any contract between Grantee it id its actor 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 activ ties of contractor or cunsultan: (as applicable) or any of its subcontractors, subconsultants agents,servants or employees connected with the Project;or by or in consequence of any negligence or .ontractor or consultant(as applicable).or any of its subcontractors,subconsultants, Page 8 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 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 Protect;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 tees, and from any and all suits and actions of every name and description that may be brought against City on account of any claims,tees, 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 snail 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 he void, and shall be treated as an event of default pursuant to this Agreement 1 o.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. 1 7.DEFAULT/TERMINATION PROVISIONS: It 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 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 ur a reernent with ,o contractor within one(1) year of the Effective Date, (c)Grantee fails to suor'-it all ri.,c::ssaty 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 Com.'y'inn Date(ocher than due to an event of Fore Majeure(as defined in Section 29)), and/or(e)Granter; 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 feriae,le, if ' Mae cannot r asonably 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 Page 9 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 thirty (30)days after such wntten 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 Flonda Public Records law under Chapter 119,Florida Statutes, as may be amended from time to time B. The term"public records" snail 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, charactenstics, 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 Flonda 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; di. 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: Page 10 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1 D-CB6600EA5A78 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 13)avail itself of any available remedies at law or in equity. 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 tiled against a Grantee to compel production of public records relating to the Citys contract for services,the court shall assess and award against the Grantee the reasonable costs of enforcement,including reasonable attorneys'fees,if: he 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 Page 11 DocuSign Envelope ID:6006ABBB-B7C5-40A1-ACID-CB6600EA5A78 reccrus ar.0 to the Grantee at the Grantees 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. ill. 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[u7MIAMIBEACHFL.GOV PHONE. 305-673-7411 20 WR!TTFN NOTICI : Any notices renuired under this Agreement will be effective when delivered to the C'tv 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 CO TACT:All contract related questions,reports and requests for reimbursements to be submitted to individuals listed below !Joar iveboer ari:' Juanita 8a'laste os,Suctamabdrty and Resilience Division At'y KroAles.Chet Reslience Officer Aril•,(r,itw'9�'�'1>>' aRl 'r i��t`fl��.�. ARTICLE III t MISCEtLANEOUS PROVISIONS 22.GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by,and construed in accr rdsnce with,trtr laws of the State of Florida, both substantive and remedial,without regard to pnncipurs of conflict of laws The exclusive venue for any litigation arising out of this Page 12 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 Agreement shall oe Miami-Dade County,Florida.if in State court,and the U.S. District Court Southern District of Flonda 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 breacn 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 ether party's right thereafter to enforce or compel strict compliance with every term covenant,conditnn or other provision hereof 24.RELATIONSHIP OF THE PARTIES: It is expressly understood and intended that the Grantee, as the recip:ont of Grant funds, is not an officer, employee or agent of the City, the City Commission, nor 'he City department(s) administenng 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 subcontractois shall not act es. 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 emplcvee claim any rignt in or entitlement to any pension workers' compensation berg!l unempluymont compensation,civil service or other employee nghts or pnvileges 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. Tnis 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 1 rights, with respect to or in connector wen any agreement or provision contained herein or contemplated hurt 0' 26.CAPTiph3 USED IN THIS AGREEMENT: Captions, as used it this Agreement, are for convenience of reference only and should nut oe deemed or construed as in any way limiting or extending the lany,.ege or provisions to which such cap'ins may refer 27.CONTRACT REPRESENTS TOTAL AGREEMENT: OPPORTUNITY TO REVIEW: This contract, inciudiny su special conditions and exhibits.represents the whole and total agreement of the parties. No rape!..r.aLors, ex,:,rpt 'h'Jse cor'ta;n,-C within this Agreement and its attachments,are to be considered'+ r n',truing its terms.Nn iniAitr^a icns or amendments may be made to this Agreement unless made n w-ilnig signed by both prtie's The City Manager, on behalf of the City, shall be Page 13 DocuSign Envelope ID:6006ABBB-B7C5-40A1-ACID-CB6600EA5A78 • • authonzed to execute amendments to this Agreement,however,any changes to the Grant Amount snail require approval by the Mayor and City Commission. Grantee represents and warrants that Grantee has reviewed the terms and conditions of tnis Agreement, understands all of the terms and conditions hereof. and has been given sufficient opportunity to rev.ew this Agreement with counsel of Grantees choice or has voluntanly 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 or such party unable to perform the obligation,and(iii)is not due to an intentional act,error,omissiJr,or negligence of such party,and(iv)could not have reasonably been foreseen and prepared for by su;h party at any time prior to the occurrence of the event. Subject to the foregoing cntena. Force ktzieure may include events such as war, civil insurrection, not, fires. epidemics. pandemics. ten-onsm, 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 14 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 EXHIBIT A PROJECT DESCRIPTION FLOOD RISK MITIGATION APPROACH SELECTED(Select all that apply): Report Alternative 1 C. Report Alternative 2 ' Report Alternative 3 OTHER MITIGATION PROJECTS(Select all that apply 8 provide details belowl: L Building Elevation El Floor Elevation Dry Floodproofing 0 Electrical/Mechanical Systems Protection • Temporary Flood Bamers for Openings ❑ Sanitary Sewer Backftow Prevention Wet Floodproofing fl Flood Resistant Building Materials Floodwalls and Levees ❑ Temp.Flood Bamers for Perimeter Areas Stormwater Backflow Prevention 0 Permeable Concrete Pavers Rain Barrels and Cisterns El French Drains T. Rain Gardens i Seawall Improvements Location of Work on Property and Approximate Size(Square Footage. Linear Footage,or Quantity). Seawall 134.5 feet Expected Breek-Cround Date(APprox.). 12/15/23 Expected Protect End Date(Approx.): 2/15124 Expected Required Miami Beach Permits: Building Permit Other Required Permits DERM, FDEP USACE Estimated Protect Cost $450 000 Estimated PPA Funds to be Expended($17,500.00 Max;50%of Project Cost Max) S17,500 Contractors and Other Professional Partners Company j Description/Responsibilities Quote(attach) Contact Info Green Coastal En -per'4 s Engineering Consultant Prolect Mgnit $19 000 khabbOgreencoasta eng•neing Mann and Mann General Contractor S379.564 14 mann_martn,gbellsouth set Construwon PROJECT NOTES(For City Use): City of Miami BeaLn. The PPA-related nroject scope is limited to the following flood mitigation improvement projects: installation of a new seawall meeting height requirements set by the City of Miami Beach Seawall Ordinance 2021-4393,associated demolition required to install new seawall.Costs eligible for cost share and reimbursement are limited to those flood risk mitigation activities as described above and in the grant agreement.Participant must submit status report updates MONTHLY to the City. Page 15 DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1 D-CB6600EA5A78 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:7 Expenditure I Budget i — — Amount Labor Costs. Proposai for construction does not line item materials $379,564 14 and labor costs. The full • , project total is shown here ' Design and Architecture: Engineering.construction s19.000 documents, permit filing.and +protect management i Permits: DERM. FDEP,USACE, $28 000 City cf Miami Beach r-- f --------- Matenals/Suppi,es Equipment Rental/Purchase: Insurance Costs: Other -- -- —---- TOTAL: DocuSign Envelope ID:6006ABBB-B7C5-40A1-AC1D-CB6600EA5A78 M I AM I BEACH Contract/Document Routing Form ptract No. Title 2023-CMB-0039 Fight the Flood Private Property Adaptation Program—7150 Indian Creek 'ontractoF Requestin;:; Boni Vista Condominium Association ENV&SUST Amy Knowles Eric Carpenter �nY wvaw,tcS KtiC T. 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 Boni Vista Condominium Association 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 elevating a seawall to mitigate flooding on the property iriginal Term Renewal Periods . „Intel,Term(Original+Renewals) 1 year Funding Inforrit Grant Funded: Yes © No State Federal • Other: Cost&Funding Source i`.. 1 $17,500 112-0310-000343-36-402-518-00-00-00-66221 r Yes X No 2 l �., ' 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: �, �, Information Technology: N/A fia�,tka Pffe 9w/of Risk Management: N/A Fleet&Facilities: N/A Human Resources: N/A Other: