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Private Property Adaptation Program Matching Grant Agreement between the CMB and Chaya Kibel
Docusign Envelope ID BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 2- o2_ 2 3 z y Z. MIAMIBEACP CITY OF MIAMI BEACH PRIVATE PROPERTY ADAPTATION PROGRAM MATCHING GRANT AGREEMENT GRANT PROJECT No.: 2025-CMB-PPA - 2433 FEB 2 0 2026 This GRANT AGREEMENT (hereinafter the "Agreement') is made and entered into this 6th day of January , 20 26 by and between the City of Miami Beach, Florida (hereinafter the "City"), and Chaya Kibel, a City of Miami Beach resident (hereinafter the "Grantee"). This Agreement is effective December 1, 2025 (the "Effective Date"). ARTICLE I / GRANT DESCRIPTION GRANTEE: MAILING ADDRESS: CITY, STATE, ZIP: PHONE, FAX, E-MAIL: PROPERTY ADDRESS: GRANT AMOUNT: PROJECT DESCRIPTION: GRANT PROJECT BUDGET: GRANT TERM: PROJECT SUBSTANTIAL COMPLETION DATE FINAL REIMBURSEMENT REQUEST DEADLINE: Chaya Kibel yu,1 N ,r krA,,n Aw t t�� "^�i Be n�.ti , t� 3��•-to csk��lq0 �� I •�e►� 4202 N Meridian Ave, Miami Beach, FL 33140 LOWER OF 50% OF VERIFIABLE PROJECT COST OR $17,500 See Article II and Exhibit A hereto See Exhibit B hereto 12/01/2025 — 12/13/2026 08/30/2026 Sixty (60) days from the Project Substantial Completion Date Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: Attest: -7V Rafael E. Granado, City Clerk FEB 2 0 2026 Date FOR GRANTEE: CV Kibel Sig ture Chwy OL I<< be - Print Name ►Ii4I'Lo 2j,. Date City of Miami Beach, Florida By: Eric T. Carpente , P.E., City Manager APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ot ` City Attorney ��W Dat Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 ARTICLE II I GRANTEE PROJECT PROPOSAL (CITY USE ONLY) Project Scope Eligible for Program Funds: Costs eligible for cost share and reimbursement are limited to those flood risk mitigation activities described below and in this Agreement. Other construction, renovation, beautification, and demolition costs associated with the Project (as defined below) that do not directly relate to flood mitigation will not be eligible for reimbursement. The Project must reach substantial completion for the associated design and engineering costs to be eligible for reimbursement under the program. In the event of any conflict between the terms set forth in this Article II and the terms set forth in Exhibit A, attached hereto, the terms of this Article II shall govern and control. The PPA-related project scope is limited to the following mitigation improvement projects: furnish and install approximately 170 linear feet of new reinforced concrete flood wall along the front and side of the property at 4202 N. Meridian Avenue. The wall will be constructed with concrete footers and reinforced block to meet hurricane resistance standards. Grantee must submit status report updates MONTHLY to the City. In the first applicable report, Grantee must sign and submit a copy of the Final Project Scope, as described in Article III, Section 4. Page 3 Grantee Initials: - Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 ARTICLE II / GRANTEE PROJECT PROPOSAL (CITY USE ONLY) Reporting Requirements: Grantee must submit the Exhibit C Status Report Form, attached hereto and incorporated herein, to the City via email to MBRisingAbove@miamibeachfl,gov. Reports must be submitted on the 15" of each month subsequent to the reporting period. Grantees with projects to be executed within one (1) year must submit status reports monthly. Monthly reports are due on the 151h of each subsequent month. Example: the report for March 1 to March 31 is due on April 15. Grantees with projects to be executed over more than one (1) year must submit status reports quarterly. Example: the report for Jan 1 - Mar 31 is due on April 15. Failure to submit reports to the City at the regularly scheduled dates may result in ineligibility of the project to receive grant funding and withdrawal of the grantee from the program. Reporting Schedule: Z Monthly (151h of each month subsequent to the reporting period month) ❑ Quarterly (Jan 1 - Mar 31; Apr 1 - Jun 30; Jul 1 - Sept 30; Oct 1 - Dec 31) Project Substantial Completion Date: 08/30/2026 Estimated Proiect Cost: $55,500 Estimated PPA Funds to be Expended: $17,500 Page 4 Grantee Initials: C�.,, Docusign Envelope ID BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 ARTICLE III / 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 (the "Project") as specifically described in Article II and Exhibit A, attached hereto and incorporated herein (individually and/or collectively, the "Project Description"). Any modification to the Project Description shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Notwithstanding the foregoing, if it becomes impracticable for the Grantee to construct the Project, the Grantee may, with the 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. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for goods or services to be provided within the City of Miami Beach. 3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee by the City under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. 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), attached hereto and incorporated herein, includes an estimate of the Project cost. At such time as Grantee has executed agreements with its design professional(s) and contractor, Grantee shall submit a revised Project Budget which shall reflect all sources of funding for the Project: the sum of such sources (including the Grant) must equal or exceed the Project Budget. If at any time the Grantee anticipates that the total Project cost will exceed the Project Budget, Grantee shall provide prompt written notice to the City which shall include: (a) a revised, detailed cost estimate for the revised Project cost and (b) documentary evidence reasonably satisfactory to the City regarding Grantee's sources of funding for all costs in excess of the Project Budget. Grantee shall be permitted to modify the Project Budget to increase any line item(s) by decreasing other line item(s) to account for changes in actual costs so long as such modifications do not alter the scope of the Project. If Grantee wishes to revise the scope of the Project to enable it to complete the Project within the Project Budget, the Grantee must obtain the approval of the City's Contract Administrator. Page 5 Grantee Initials: Ll--- Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 4. PROJECT UPDATES AND REPORTS: This Grant has been awarded with the understanding that the activities and services contemplated under the Project Description will contribute to the City's overall flood resilience and flood mitigation efforts. To demonstrate that the Grant is being used in accordance with the description of the Project as reflected in Article II and Exhibit A, the Project Budget detailed in Exhibit B and that the Project will be completed by the Project Substantial Completion Date, Grantee shall submit status reports to the Contract Administrator as provided in Article II (each, a "Grantee Report"). Each Grantee Report shall 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, (d) a brief description of Grantee's progress on completing the Project, including any challenges, difficulties, or other issues the Grantee has experienced, and (e) photos of the Project's progress before, during and after as work is completed. Upon finalizing the Project scope with Grantee's selected contractor, Grantee shall request a final cost proposal or agreement from the Contractor (the "Contractor Proposal"). The Contractor Proposal shall include the final scope of work for the Project (the "Final Scope of Work") and an itemized breakdown of all Project costs. The Final Scope of Work shall be prepared by the Contractor and submitted by the Grantee as an attachment to the next applicable Grantee Report, in accordance with the reporting schedule established under this Agreement. The Final Scope of Work shall include (1) a detailed description of the work to be performed under the Project, with all flood mitigation activities clearly identified and distinguished from any general or non -eligible work, (2) a clear description of the nature and extent of all improvements proposed, which must correspond to the Project as described in this Agreement, (3) an itemized breakdown of all major project components, including individual costs associated with each line item, (4) the total Project cost, (5) a payment schedule identifying all payment milestones associated with the progression of work, including items such as, deposits, commencement, progress intervals, and final completion, and (6) the full legal name and contact information of the Contractor, the name of the Property Owner, and the address of the Project site. In the event that any amendments are made during construction that alter the original scope or budget, the Grantee shall submit an updated Final Scope of Work reflecting such changes prior to submitting a request for reimbursement. In addition to the required reports, the City reserves the right to request 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. Grantee acknowledges that Grantee's failure to submit reports to the City by the agreed upon deadlines may result in the ineligibility of the Project and/or the termination of the Agreement by the City. 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 Page 6 Grantee Initials: t�__ Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 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. A. For purposes of this Agreement, "Substantial Completion" means the following: (i) If the Project (or portion thereof) entails construction, the date when the work constituting the Project, as certified in writing by the Grantee and the lead design professional (i.e., the "architect of record" or the "engineer of record," as the case may be), if any, has been developed, designed, engineered and constructed in accordance with the applicable contract documents such that all conditions of permits and regulatory agencies have been satisfied and the Project is ready for occupancy (if applicable) and utilization for the uses and purposes intended, without material interference from incomplete or improperly completed work and with only minor punch list items remaining to be completed, all as reasonably determined by the lead design professional, and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction (if applicable); (2) the issuance of a Certificate of Substantial Completion by the lead design professional for any portion of the Project for which a design 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; and (ii) If the Project (or portion thereof) entails the purchase of equipment, the date that such equipment has been installed in accordance with all applicable manufacturer instructions and building codes such that the Grantee will be able to use such equipment for its intended purpose(s). B. Proiect Extensions. At least one (1) month prior to the expiration of this Agreement, if the Grantee expects the Project will not achieve Substantial Completion by the date set forth in Article I, Grantee must request an extension to the Project timeline by sending the City a written request detailing the reason for the extension and the amount of time requested. The City reserves the right to accept or reject a Project extension request in its sole discretion. 6. REIMBURSEMENT REQUESTS: Prior to submitting a reimbursement request, Grantee shall complete its registration as a City vendor on the City Vendor Self Service website. Grantee shall include its vendor ID number in the space provided on all reimbursement requests. GRANTEE ACKNOWLEDGES THAT GRANTEE'S FAILURE TO INCLUDE ITS VENDOR ID NUMBER, OR FAILURE TO REGISTER AS A CITY VENDOR IN A TIMELY MANNER, MAY RESULT IN DELAYS IN PROCESSING GRANTEE'S REIMBURSEMENT REQUEST. The City shall only reimburse the Grantee for expenses incurred in connection with the Project or, if Grantee has obtained the City's prior written approval, an alternate project described in Exhibit E. Reimbursement requests may be submitted to the City only after the Project achieves Substantial Completion and Grantee has paid for all expenses Page 7 �- Grantee Initials: Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 of the Project. To initiate a reimbursement request, Grantee shall submit the following documentation to the Contract Administrator. (a) the Grant Reimbursement Request Form, attached hereto as Exhibit D, including the Grantee's vendor ID number; (b) the Project Completion Report, attached hereto as Exhibit C, which must include a brief written summary (2--3 sentences minimum) describing the completed Project; (c) the Final Project Budget, attached hereto as Exhibit B, with a total amount that matches the sum of all invoices submitted; (d) all Expenditure and Payment Documentation, including invoices and receipts, with each invoice clearly detailing the specific scope of work completed under that payment installment; (e) documentation confirming that Grantee's permit has been closed or finalized and that the final building inspection, along with any other required inspections, has been successfully completed: (f) a notarized letter (or unsworn declaration in compliance with Section 92.525(2) of the Florida Statutes) from the contractor confirming that the Project was completed in accordance with the specifications outlined in the Contractor Proposal and plans submitted for any applicable permits; (g) clear, high -quality photographs of the Project site before, during, and after construction, with sufficient detail to confirm that the work was completed at the Property; and (h) proof of active flood insurance covering the property for the duration of Grantee's participation in the Program. Grantee acknowledges that any delay in submitting complete and accurate documentation may result in a delay in or denial of 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 sending the Grantee written notice of the City's receipt of an acceptable Reimbursement Request. 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 (N) 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 disburse the Grant on a matching, reimbursement basis in accordance with the terms of this Agreement, Grantee shall be solely liable for all expenses incurred in connection with the Project. The Grantee may contract as necessary to complete the Project, including entering into contracts with vendors for services and materials, provided, Grantee understands that the City shall not be liable to any such vendors for Page 8 Grantee Initials: fJti- Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 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, visits by City representatives to the Property and/or requests for submittal of additional documentation or written reports in addition to those required pursuant to Section 4, prior to the Project Substantial Completion Date, evidencing Grantee's progress on the Project. 11. ACCOUNTING AND FINANCIAL REVIEW: The Grantee shall keep accurate and complete books and records of 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(s) for which they are approved and retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Final Reimbursement Request Deadline specified in Article I of this Agreement. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not also be claimed under any other Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by Grantee shall be a material breach of this Agreement. 12. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the Page 9 Grantee Initials: Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: 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 10 Grantee Initials: Cam" Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 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 and in accordance with the laws of the State of Florida. Nothing herein shall be construed to waive any of the City's rights set forth in Section 768.28, Florida Statutes. Nothing contained in this Agreement shall be deemed a waiver of sovereign immunity by the City. This Section 13 shall survive the expiration or earlier termination of this Agreement. 14.INDEMNIFICATION BY CONTRACTORS AND CONSULTANTS: Any contract between Grantee and any contractor or consultant 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 Page 11 Grantee Initials: Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 materials or by or on account of any act, error or omission of contractor or consultant (as applicable) or any subcontractor, subconsultants, agents, servants or employees, except to the extent any such injuries or damages are caused by City. The contracts between Grantee and any contractors and the architectural or engineering services agreement between Grantee and any consultant shall further provide that contractor or consultant (as applicable) shall indemnify and save harmless City (a) against any claims or liability arising from or based upon the violation of any City, Miami -Dade County, state or federal laws, bylaws, ordinances or regulations by contractor, its subcontractors, agents, servants or employees (excluding negligence of City); and (b) from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against City on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against City for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The contracts between Grantee and any contractors and the architect's agreement between the Grantee and any consultant shall provide that the contractors' and consultant's indemnification obligations to the City shall survive the expiration or termination of such agreements. 15. ASSIGNMENT: The Grantee shall not be permitted to assign this Agreement or the Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. 16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami -Dade 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. Grantee acknowledges that nothing in this Agreement shall relieve the Grantee of its obligation to comply with all City, County, and State laws, code and/or ordinances, including any obligation to secure the necessary permits for the Project. A. Legal Non -Conforming Buildings or Structures: Previously constructed buildings or structures that do not conform to the current requirements of the City's land development regulations (such as converted garages, impervious surfaces/paved areas, patios, etc.) may only be eligible for Program funding if Grantee provides records to the City evidencing the City's prior approval of the existing improvements, including building permits, as well as any permits or approvals issued by other regulatory departments or agencies where applicable. Any delay in Grantee's production of the records referenced in this Section may result in a delay in Grant Reimbursements. 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 Page 12 Grantee Initials: i� Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 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, the cure period may be extended for up to ninety (90) days from the date of the original notice only if Grantee commences diligent efforts to cure within the initial thirty (30) day day period and continues such efforts thereafter. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law or in equity. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the default provisions thereof, the City reserves the right, at its sole and absolute discretion, to terminate this Agreement and cancel the Grant if it is not satisfied with the progress of the Project or the content of any required written report. 18. INSURANCE REQUIREMENTS: At Grantee's sole cost and expense, Grantee shall maintain throughout the Term of this Grant, and provide proof of, an active flood insurance policy. Grantee shall also maintain (and shall require its design professionals and contractors to maintain) such other insurance coverages as Grantee shall determine in the Grantee's sole discretion. 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: Page 13 Grantee Initials: U' - Docusign Envelope ID BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 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 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 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. Page 14 Grantee Initials: �^- Docusign Envelope IDBAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 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. 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: RAFAELGRANADOO-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 Contract Administrator, as identified in Section 21 Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee. Page 15 Grantee Initials: 0-1 Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 21. CITY CONTACT: All contract related questions, reports and requests for reimbursements to be submitted to individuals listed below: Sustainability and Resilience Division MBRisingAbove(a)miamibeachfl.gov Amy Knowles, Chief Resilience Officer AmyKnowles(a)miamibeachfl.gov ARTICLE III / MISCELLANEOUS PROVISIONS 22. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 23. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 24. RELATIONSHIP OF THE PARTIES: It is expressly understood and intended that the Grantee, as the recipient of Grant funds, is not an officer, employee or agent of the City, the City Commission, nor the City department(s) administering the Grant or the Grant Award. Further, for purposes of this Agreement, the Project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors and solely responsible for the Project. The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and/or subcontractors shall not act as, nor give the appearance that they are, agents, servants, joint venturers, collaborators or partners of the City, the City Commission or the department(s) administering the Grant or the Grant Award. No Party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other Party, nor to have been authorized to incur any expense on behalf of any other Party, nor to act for or to bind any other Party, nor shall an employee claim any right in or entitlement to any pension, workers' compensation benefit, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Page 16 Grantee Initials: w Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 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 to this Agreement shall be valid unless made in writing and signed by both parties. Notwithstanding the foregoing, the City may, at its sole discretion, amend or revise the form or requirements of the exhibits to this Agreement from time to time. Upon such revision, the City may require the Grantee to use the updated exhibit form, which shall be deemed automatically incorporated into this Agreement and shall replace any prior version of the respective exhibit. For example, if the City revises Exhibit A and directs the Grantee to utilize the revised version, the updated Exhibit A shall supersede and replace the original Exhibit A in its entirety. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. Grantee represents and warrants that Grantee has reviewed the terms and conditions of this Agreement, understands all of the terms and conditions hereof, and has been given sufficient opportunity to review this Agreement with counsel of Grantee's choice or has voluntarily chosen not to do so. 28. GOOD STANDING: Grantee shall be deemed to be in Good Standing with the City of Miami Beach as long as the Grantee has no outstanding fines, fees, code violations or other issues of noncompliance with the City ("Good Standing"). 29. FORCE MAJEURE: A "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. Page 17 Grantee Initials: �" Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 30. CITY USE OF PHOTOGRAPHS AND OTHER REPORT MATERIALS: By participating in the Program, Grantee hereby grants the City a perpetual, non-exclusive, non -transferable, royalty -free license to use, display, and reproduce any photographs or videos taken of the Project, before, during, and after Project completion, that Grantee submits as part of a report under this Agreement or that the City captures during an inspection of the Project or Property as contemplated herein. 31. CONFLICT OF INTEREST: Grantee herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Grantee covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Grantee further covenants that in the performance of this Agreement, Grantee shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 32. TAX CONSEQUENCES: Grantee acknowledges and agrees that payments made by the City for Grantee's benefit and/or funds paid to Grantee as a grant pursuant to the Program may constitute taxable income for income tax purposes and be subject to taxation. Grantee shall be solely responsible for consulting a tax specialist and for the payment of any tax that may arise in connection with Grantee's participation in the Program. 33. NO DISCRIMINATION: Grantee accepts and agrees to comply with the following special conditions: A. Grantee hereby agrees that, to the extent applicable, it will comply with Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. B. The Grantee hereby agrees that, to the extent applicable, it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing and public accommodations, public services and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. C. The City endorses, and Grantee shall comply, to the extent applicable, with the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents Page 18 Grantee Initials: Docusign Envelope IDBAOE62F3-48E2-4C58-97F9-EE2D4B509F14 qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires, to the extent applicable, that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 34. GRANTEE'S COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS: Grantee agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit G. 35. CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION AND ANTI -BOYCOTT REQUIREMENTS. As required by Section 2-375.2 of the City Code, Grantee has executed the Certification of Compliance with Antidiscrimination and Anti -Boycott Requirements, a copy of which is attached hereto as Exhibit G and incorporated herein. 36. CERTIFICATION OF COMPLIANCE WITH CITY ANTIDISCRIMINATION REQUIREMENTS: As required by Section 2.375.3 of the City Code, Grantee has executed the Certification of Compliance with City Antidiscrimination Requirements, a copy of which is attached hereto as Exhibit G and incorporated herein. 37. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE: Grantee warrants and represents that, within two (2) years prior to the Effective Date, Grantee has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-379 of the City Code shall not apply to the following: (a) Any individual or entity that provides goods to a candidate for office. (b) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. Page 19 Grantee Initials: �`'' Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 (c) Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 38. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT: Unless Grantee is natural person, Grantee warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. Unless Grantee is a natural person, in accordance with Section 2-375.1(2)(a) of the City Code, Grantee hereby certifies that Grantee is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 20 Grantee Initials: 0--- Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 frxHIBIT A 1 GRANTEE PROJECT PROPOSAL GRANTEE NAME: CkkA.1 k � (64C r GRANTEE ADDRESS: 9 1,01, N . �Qj i G�c�1 � �U(4 ✓iti t Ram �h � �L 3 -?/ Llu FLOOD RISKMITIGATION APPROACH SELECTED (Select all that apply): '($(Report Altemative A ❑ Report Aitemative B ❑ Report Alternative C G Other �Qes'Iv1tb(Z�.f1� tdoct UAI � jo) 'SA�J �-� l � r y'1 P a/ �-c.� . --r-lOoct Wn11 Val'( bet (cN\S}NttcW ,I., -t,, Ffor\ t- �e� S,o6- 0� tkke.-vVI--, , U Expected Break -Ground Date (Approx.): I-ja-a wAtgj' tzZ�— Expected Proiect End Date (Approx.): Expected Miami Beach Permits: Other Expected Permits: Estimated Project Cost; $T5 SO v Estimated PPA Funds to be Expended ($17,500.00 Max: 50yg of Proiect Cost Max): Contractors and Other Professional Partners Company Description/Responsibilitles Quote (attach)! Contact Info K g P K-A V w i It V-*nC1kL ¢.w CO Qrt>~- o< �., f(.4a cc�- 4 f ZAIC t?- Grantee Initials: V Docustgn Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 : TF- !". FXH PROJECT BUDGE'[ GRANTEAME: C4`°`y^ 14 E N)-k GRANTEE ADDRESS: '4 7- N �-Qj J� n 4,Aikm f, gPac(+ 1 t:_, 3 31 L(t) Please fill this form out for the initial submissionnest and grant agreement nt and for each subsequent reimbursement q Budget Line item Description of Expenses: Expenditure Amount Budget Labor Costs: 25 1000 �e.ba'd �f�� CwiCr�. work , Design and Architecture: i Permits: L Kna� 4Yrwihi- N-L- c ` Materials/Supplies: C.AC.4<- ftbl-io Pt` b 1 S, 0 00 SLn �wi , Mf-,6A, r,. p -h e b1�cK, Sf�,rco nw�cr'�41 Equipment Rental/Purchase: I� f Insurance Costs: Other. TOTAL: �{s5�voa Grantee Initials: Ck - Docusign Envelope IDBAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 EXHIBIT C CITY OF MIAMI BEACH GRANT MONTHLY STATUS REPORT FORM GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTACT INFO: GRANTEE CONTRACTOR: GRANTEE CONTRACTOR CONTACT INFO: REPORT PERIOD: Monthly reports are due on the 151 of each subsequent month. Example: the report for March 151 to March 31s' is due on April 15'" Report Period: _. 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. Grantee must include photos of the Project's progress before, during and after as work is completed. EXPENSES THIS REPORTING PERIOD: $ BUDGET EXPENSES TOTAL: $ ISSUED PERMIT ID NUMBERS: PROBLEM(S) ENCOUNTERED: Grantee Report Prepared By: Name City of Miami Beach Report Reviewed By: Name Signature/Date Signature/Date: Page 23 Grantee Initials: _- -_ Docusign Envelope ID: BAOEB2F3-48E24C58-97F9-EE2D4B509F14 EXHIBIT D CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM An updated Project Budget (Exhibit B) and Status Report (Exhibit C) must be attached to this form to receive payment. Please include all associated Expenditure and Payment Documentation (as defined in Section 6), including itemized bills from the contractor and photo documentation of the work completed. Grantee shall ensure that the total expenditures submitted in this Exhibit D accurately reflect the sum of all submitted invoiced. The Grantee acknowledges that (1) for reimbursement to be processed, all submitted proofs of payment must match the total of submitted invoices and (2) only Project costs that are directly related to flood mitigation, in the City's sole discretion, are reimbursable. City reserves the right to request, and Grantee shall promptly provide, any additional information City deems necessary to process a Grantee reimbursement. GRANTEE NAME: I GRANTEE ADDRESS: GRANTEE CONTRACTOR: GRANTEE CONTRACTOR CONTACT: PAYMENT ADDRESS: VENDOR ID NUMBER: 1 i _PPA Funds Requested: Total Expenditures: Certification of Payment: I certify that the above expenses were necessary and reasonable for the completion of the Project and in accordance with this Agreement. I further warrant and represent that these expenses have not been, and will not be, covered by any other third -party funding source, including under any other separate agreement between the City and Grantee. Grantee Request Prepared By: Name — Signature/Date City of Miami Beach Request Reviewed By: Name Page 24 Signature/Date Grantee Initials: (I%- Docusign Envelope ID BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 EXHIBIT E ALTERNATE PROJECT CATEGORIES Upon the written approval of the Contract Administrator, the Grantee may substitute its Project for a project as described below (Adaptation Alternatives"), as appropriate. 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 more effective to least effective, unless otherwise demonstrated by the design professional, project types in Category A include: A.1. Building Elevation A.2. Dry Floodproofing A.3 Electrical and Life Safety Flood Protection Mechanical Systems Flood Protection A.4. Temporary Flood Barriers for Openings A.S. Sanitary Sewer Backflow Prevention B. Category B shall include improvements to the building envelope for non -habitable spaces for any flood type. In order of most effective to least effective, unless otherwise demonstrated by the design professional, project types in Category B include: B.1. Building Elevation B.2. Dry Floodproofing and Crawlspace Improvements B.3 Temporary Flood Barriers for Openings B.4. Wet Floodproofing B.S. Flood Resistant Building Materials C. Category C shall include improvements to the property site for storm surge flooding mitigation. In order of most effective to least effective, unless otherwise demonstrated by the design professional, project types in Category C include: C.1. Floodwalls and Levees or Berms 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 or Green Roofs Rain Barrels and Cisterns French Drains Rain Gardens E. Category E shall include Seawall Elevation, Page 25 Grantee Initials: 6%. Docusign Envelope ID'. BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 EXHIBIT F CONTRACTOR CERTIFICATION OF WORK COMPLETED Re: Contractor Certification of Work Completed Pursuant to the Private Property Adaptation Grant Agreement (the "Agreement") between ("Owner") and the City of Miami Beach (the "City"), located at Miami Beach, Florida 33139 (the "Property"). (DATE) Dear City of Miami Beach: The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the work covered in this Contractor Certification, has been completed in accordance with the plans and permits submitted to and approved by the City. Contractor further certifies that the work completed adheres to all relevant regulations and standards for this project. Contractor further acknowledges that the following suppliers, contractors or subcontractors have provided supplies or performed Work in connection with the above referenced Request for Disbursement(s): NONE or list: ; and CONTRACTOR: By: Print Name/Title State of County of _ The foregoing instrument was acknowledged before me by means of El physical presence or O online notarization, this by _ _ _ known to me to be the person described herein, or who produced _ as identification, and who did/did not take an oath. NOTARY PUBLIC: taignaiure/ (Print Name) My commission expires: Page 26 Grantee Initials: L^' Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 EXHIBIT G CITY'S AFFIDAVITS AND CERTIFICATIONS This Exhibit includes affidavits and certifications required under applicable Florida law and the Code of the City of Miami Beach in connection with the execution and administration of this Agreement. To ensure acknowledgment and understanding of each requirement, the Grantee shall initial each section included in this Exhibit. The act of initialing confirms the Grantee's review of, and agreement to, the statements contained therein. The Grantee shall also sign and notarize the acknowledgment at the end of this Exhibit, affirming the truth and accuracy of all initialed statements. This Exhibit must be completed by a person authorized to make the following attestations on behalf of Grantee: Initials (_tt In accordance with Section 787,06(13), Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests under penalty of perjury that Grantee does not use coercion for labor or services as defined in Section 787,06, Florida Statutes, entitled "Human Trafficking". SECTION 2 — INTENTIONALLY OMITTED I Initials (��" t In accordance with Section 2-375.2 of the City Code, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests that Grantee will comply with all relevant antidiscrimination laws, including the anti -boycott provisions of Section 2-375.1 of the City Code, and affirms that Grantee will not engage in a boycott of Israel, antisemitic discrimination or antisemitic speech in conjunction with Project. Initials (_0_� In accordance with Section 2-375.3 of the City Code, incorporated herein by reference, the undersigned, on behalf of Grantee, hereby attests that Grantee will comply with all relevant antidiscrimination laws, and affirms that Grantee will not engage in discrimination based upon any classification category as set forth in Section 62-31 of the City Code in conjunction with the Project. [SIGNATURE PAGE FOLLOWS] Page 27 Grantee Initials: t& Docusign Envelope ID BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 SIGNATURE AND NOTARIZATION BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS AND CERTIFICATIONS IN SECTIONS 1-4 OF THIS EXHIBIT. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this Exhibit and that the punishment for knowingly making a false statement may include fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Grantee: GRANTEE: Chaya Kibel S nature of Authorized Representative Name/Title: State of County of �kwt -,"bo'ke R C, dirw) 4c �A is Mi geCq� t F (Address) 3 3 iyp The foregoing instrument was acknowledged before me by means of Vphysical presence or 11 online notarization, this QL3 day of 202 (o by Chaya Kibel, known to me to be , the person described herein, or who produced FL ©R�JeR' S Lic p45 '41 as identification, and who did/did not take an oath. NOTARY PUBLI S L- (Signature) ISABELSATCHHI • : MY COMMISSION 0 HH 839853 :? EXPIRES: AprO 13.2029 (Print Name) My commission expires: Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 K & D Restorations P.O. Box 403733 Miami Beach, FL 513-225-7411 kdrestorationsmiami@yahoo.com 170 Linear Feet of retainer wall which will include 2 ft. by 2 ft. footers with rebar #5 and concrete 5000 psi. The height of retainer wall after footer will be 3 ft. in order to contain the soil and flooding. The wall will be made out of block and reinforced with concrete in order to be hurricane proof. Labor Costs: Removal of all dirt in order to build the footer, cutting and installing all rebar, using blocks, building a plywood frame for concrete pouring, removal of plywood after pouring, tying all rebar together, stucco and paint Materials and Supplies: Includes ordering the 5000psi concrete, rebars, plywood, screws, metal zip ties, blocks, stucco material, paint Insurance: workman's compensations, injury insurance Design and Architecture: Prepare all structural drawing and anything needed from the city of Miami Beach in order to receive the permit, including a permit runner Quote Date: November 6, 2025 Aharon & Chaya Kibel 4202 N. Meridan Ave. Miami Beach, Florida 33140 $25,000 $15,000 $3,000 $12, 500 Sales Tax Total $55,500 Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 RESOLUTION NO. 2022-32426 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD GRANTS AND EXECUTE GRANT AGREEMENTS FOR THE PRIVATE PROPERTY ADAPTATION (PPA) PROGRAM. WHEREAS, the Mayor and City Commission desired to create a "Resiliency Fund," as part of the City Commission's efforts to plan, prioritize, and identify funding for City-wide infrastructure resilience projects, including road elevation projects, new stormwater infrastructure incorporating stormwater treatment systems, and projects to reduce flood risk due to sea level rise, high tides, rainfall, and storms; and WHEREAS, the Mayor and City Commission have taken a leadership role in reducing flood risk for private properties through the 2040 Comprehensive Plan, Sea Level Rise and Resiliency Criteria for Land Use Boards, amendments to the City's Land Development Regulations for new construction and for substantial renovations, and various innovative plans and studies; and WHEREAS, although as a general matter, investment in private property is the responsibility of the property owner, the City Commission desires to continue its leadership role in the resilience arena by incentivizing resilience projects in the City, through governmental support, such as grants or loans, for projects that complement the City's various public resiliency efforts and strengthen the City's resilience infrastructure as a whole; and WHEREAS, on November 18, 2020 per Resolution 2020-31504, the Mayor and City Commission created a new "Miami Beach Resiliency Fund," consisting of all uncommitted amounts in Fund Nos. 320 and 433, and all future payments received by the City pursuant to Section V.A of the Amended and Restated*Interlocal Cooperation Agreement between the City and Miami -Dade County, dated January 20, 2015; and further approved the allocation of $666,666.66 for FY2020, and up to $666,666.66 annually thereafter, from the Miami Beach Resiliency Fund, for a Private Property Flooding and Sea Level Rise Program; and WHEREAS, the City Commission approved total funding of $1,332,000 for FY 2022 and an additional $666,000 for FY 2023, and approved the program overview and criteria; and WHEREAS, the Private Property Adaptation Program (PPA Program) will provide up to $20,000 in funding for property owners to (a) cover the costs of a flood risk assessment and (b) to assist with the expenses associated with the design, permitting and construction of resilient flood mitigation improvements, which may include building mitigation, the construction of new improvements and/or green infrastructure; and WHEREAS, the PPA Program applies prospectively and does not include or cover private property harmonization costs, such as fences and gates associated with utility improvements; and WHEREAS, the City has completed a competitive procurement process for Phase 1, the assessment phase, and is creating an invitation for a pool of contractors for Phase 2, the design and construction phase; and Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 WHEREAS, the comprehensive application process is carried out with extensive community engagement in a variety of online and in -person formats, with group and individual outreach; and WHEREAS, the applications submitted to the PPA Program undergo a thorough. verification process with the expertise of multiple departments, are scored according to objective criteria, and then are individually reviewed by an interdepartmental team of expert staff; and WHEREAS, the interdepartmental team will recommend grant awards to the City Manager for approval; and WHEREAS, each awardee in respect of Phase 2 of the PPA Program will be required to execute a grant agreement substantially in the form attached as Exhibit A to the Memorandum accompanying this Resolution; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to award grants and execute grant agreements with property owners for the Private Property Adaptation Program. PASSED AND ADOPTED this l y ATTEST: DEC 16 2922 RAFAE E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION IZ— 22 City Attorney Et�?- Date day of lkcem Ue e'2022. DAN GELBER, MAYOR ti�i'b.. ai!COnP {Olisa,T�17," Cti... Docusign Envelope ID: BAOEB2F3-48E2-4C58-97F9-EE2D4B509F14 MIAMIBEACH 2025-CMB-PPA-2433 Private Property Adaptation Program — 4202 N Meridian Ave, Miami Beach, FL 33140 Chaya Kibel ENV & SUST Amy Knowles I �,Hy ra/or✓Le�S I Maria Hernandez I HA,:., H4,. _4, 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: This is a grant being awarded to multiple grantees. This specific form pertains to Chaya Kibel as part of the Miami Beach Private Property Adaptation Program. The grants are made possible through Resolution No. 2020- 31504, which created a new "Miami Beach Resilience Fund" and allocated $666,666.00 annually from 2020. This fund was extended to 2030 through Resolution No. 2025-33530. The applicant will be using the PPA funds to contribute toward: the installation of a flood wall. Original Term Renewal Periods Total Term (Original + Renewals) F Funding information Grant Funded: Yes X No State Federal Other: Lyear Annual Cost Account Require Enhancement 1 $17,500 112-0830-000343-36-402-518-00-00-00-66221 Yes X No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. ity 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: egal Form Approved: I X I Yes I I No If no, explain below why form approval is not necessary: Procurement: Compliance Approvals N/A (see attached) Grants: N/A Budget: WcuSipne°by rA,%L6 0#6 S&WAkf Information Technology: N/A Risk Management: PDB $IOEE1483 Fleet & Facilities: N/A Human Resources: N/A Other: S,g,,d by Dxu81p"by: Reviewed by: �°�'y► Q Skar)umitu� 39152EBADF51428 B A31DFC99M85