HomeMy WebLinkAboutPrivate Property Adaptation Program Grant Agreement between the CMB and 8330-8340 Byron Associates, LLC.Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
MIAMIBEACH
CITY OF MIAMI BEACH
PRIVATE PROPETY ADAPTATION PROGRAM
GRANT AGREEMENT
GRANT PROJECT No.: 2025-CMB-PPA 2531
Z, C32-Z_32,4 Z(4
This GRANT AGREEMENT (hereinafter the 'Agreement") is made and entered into this
3rd day of April , 2026 by and between the City of Miami Beach,
Florida (hereinafter the "City"), and 8330.8340 Byron Associates, LLC, a Florida limited liability
company (hereinafter the "Grantee"). This Agreement is effective April 1, 2026, 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:
8330-8340 Byron Associates, LLC
Attn: Daniel Veitia PO Box 415700
Miami Beach, FL 33141
8330-8340 Byron Ave., Miami Beach, Florida
UP TO $20,000
See Article II and Exhibit A hereto
See Exhibit B hereto
0 4/01/2026 — 07/15/2027
0 4/01/2027
Sixty (60) days from the Project Substantial
Completion Date
EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A — Grantee Project Proposal
Exhibit B — Project Budget
Exhibit C — Grant Status Report Instructions
Exhibit D — Grant Disbursement Request Form
Exhibit E — Alternate Project Categories
Exhibit F — Contractor Certification of Work Completed
Exhibit G — Owner Acknowledgement of Temporary Flood Barrier Responsibilities
Exhibit H — City's Affidavits and Certifications
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY:
ATTEST:
Raf7 )d
ael E. Granado, City Clerk
MAY 0 5 2026
Date
FOR GRANTEE:
ATTEST:
Witness Signature
j0 L e tz- ! I-" < n - L1R � aL
Print Name
4/22/2026
Date
City of Miami Beach, Florida
By:
Eric T. Carpent r, City Manager
8330.8340 Byron Associates, LLC
By: 000-
Signatu
DANIEL VEITIA
Print Name
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION 0�0
0-tkattw- �
ACity Attorney Date
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ARTICLE II 1 GRANTEE PROJECT PROPOSAL {CITY USE ONLY)
Proiect Scope Eligible for Program Funds
Costs eligible for funding 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 (food mitigation will not be eligible
for disbursement and reimbursement. 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 Private Property Program -related project scope is limited to the following flood mitigation
improvement activities: furnish and install a new reinforced concrete seawall along approximately
120 linear feet of shoreline at 8330-8340 Byron Avenue. The project includes installation of
supporting piles, a new seawall cap, and shoreline stabilization measures such as rip -rap
placement. The seawall improvements will help to protect the property against storm surge and
tidal flooding
Costs eligible for cost share and reimbursement are limited to those flood risk mitigation activities
as described above and in the grant agreement. This does not cover dock construction, mooring
piles, or other costs not directly related to the seawall. 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 111, Section 4.
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ARTICLE II 1 GRANTEE PROJECT PROPOSAL (CITY USE ONLY
ReportingReguirements:
Grantee must submit the status reports to the Contract Administrator as provided in Exhibit C,
attached hereto and incorporated herein. Reports must be submitted timely, on the due date
indicated in the Reporting Schedule section, below. Monthly reports are due on the 15511, of each
subsequent month. Example: the report for March 1 to March 31 is due on April 15. Quarterly
reports are due on the 151h of each month after the end of a quarter. 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:
N Monthly (Jan; Feb; Mar; Apr; May; Jun; Jul; Aug; Sep; Oct; Nov; Dec)
❑ Quarterly (Jan 1 — Mar 31; Apr 1 — Jun 30; Jul 1 — Sept 30; Oct 1 — Dec 31)
Project Substantial Comaletion Date:, 04/01/2027
Estimated Project Cost:
$259,788.65
Estimated PPA Funds to be Expended: $20.000
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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 DE�gRIPTION: 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. To the extent the Project
includes temporary flood barriers, the Grantee hereby acknowledges, and shall comply with, the
requirements set forth in Exhibit G, entitled Owner Acknowledgment of Temporary Flood Barrier
Responsibilities, attached hereto and incorporated herein by reference.
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 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 not
exceed the Grant Amount (inclusive of any contingency amount) as well as a projected cash flow
schedule (the "Cash Flow Schedule"). If at any time the Grantee anticipates that the total Project
cost will exceed the Project Budget, Grantee shall provide prompt written notice to the City which
shall include: (a) a revised, detailed cost estimate for the revised Project cost and (b) documentary
evidence reasonably satisfactory to the City regarding Grantee's sources of funding for all costs
in excess of the Grant Amount. If the Project cost will exceed the Grant Amount, and Grantee is
unable to provide satisfactory evidence of additional funding sources, Grantee shall either (x)
revise the scope of the Project to enable it to complete the Project for an amount that is not greater
than the Grant Amount or (y) select an alternate project listed in Exhibit E and submit a Project
Budget for such alternate project in an amount that does not exceed the Grant Amount less any
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amounts previously advanced by the City hereunder. Grantee shall be permitted to modify the
Project Budget to increase any line item(s) by decreasing other line item(s) to account for changes
in actual costs so long as such modifications do not alter the scope of the Project. If Grantee
wishes to revise the scope of the Project to enable it to complete the Project within the Project
Budget, the Grantee must obtain the approval of the City's Contract Administrator.
4 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 worts is completed. 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, on or before the Final Reimbursement Request Deadline,
Grantee shall submit a final report ("Project Completion Report") with a description of the
completed Project, along with the following back-up documentation (collectively, 'Expenditure and
Payment Documentation"): photographs of the Project site before, during, and after the completed
work, documentation establishing that all inspections have been passed and all permits relating
to the Project have been closed, all invoices received from each design professional and
contractor retained by Grantee for the Project, and receipts, invoices, cancelled checks (with
copies of both front and back), the Certificate of Occupancy or Certificate of Completion (as
applicable), the Contractor Certification of Work Completed Template (attached hereto as Exhibit
F), and any other documentation requested by the City that demonstrates that Grantee has paid
for all expenses of completing the Project, including evidence of final payment to all design
professionals and contractors. 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. 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.
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5. PROJECT TIMELINE AND SUBSTANTIAL COMPLETION: Grantee shall use
commercially reasonable best efforts to commence Project -related construction activities within
one year of the Effective Date. Grantee acknowledges that failure to commence Project -related
construction activities within such one-year period may result in the termination of this Agreement
and rescission of the Grant; however, the Contract Administrator may extend the time for initiating
Project construction in his/her sole discretion. Further, Grantee shall ensure the Project achieves
Substantial Completion (as defined below) on or before the Project Substantial Completion Date
set forth in Article I; notwithstanding the foregoing, Contract Administrator may approve
extensions of the Project Substantial Completion Date, in its sole discretion discretion, upon
receipt of a satisfactory request for extension and any documentation as may be required by the
Contract Administrator to substantiate such request.
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
(6) 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. Project 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
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requested. The City reserves the right to accept or reject a Project extension request in its
sole discretion.
C. Repayment Obligation Upon Failure to Timely Complete Project. If Grantee abandons
the Project, fails to achieve Substantial Completion by the Project Substantial Completion
Date, or otherwise elects not to complete the Project after receiving any portion of the
Grant (collectively, "Failure to Complete"), Grantee shall be obligated to repay the City all
Grant funds disbursed to Grantee pursuant to this Agreement.
Grantee acknowledges and agrees that (a) all Grant funds disbursed prior to Substantial
Completion are conditioned upon Grantee's full and timely completion of the Project, and
(b) the City's disbursement of any funds does not relieve Grantee of its obligation to
complete the Project in accordance with this Agreement.
Upon a Failure to Complete, the City may issue written notice demanding repayment of
all, or a portion of, disbursed Grant funds. Grantee shall remit full repayment to the City
within thirty (30) calendar days of the date of such notice. Failure to timely repay the City
constitutes a material breach of this Agreement and may result in the City pursuing all
remedies available at law or in equity, including, without limitation, collection actions, liens,
and offsets against any future City funding for which the Grantee may otherwise be
eligible. WITHOUT LIMITING THE FOREGOING, GRANTEE EXPRESSLY CONSENTS
TO THE CITY'S RIGHT TO RECORD A LIEN AGAINST THE PROPERTY ON WHICH
THE PROJECT IS LOCATED TO SECURE REPAYMENT OF ANY DISBURSED
GRANT FUNDS, AND AGREES TO EXECUTE ANY DOCUMENTS REASONABLY
REQUIRED TO EVIDENCE OR PERFECT SUCH LIEN.
The obligations set forth in this Section shall survive the expiration or earlier termination
of this Agreement.
6. DISBURSEMENT OF GRANT FUNDS: For purposes of this Agreement, a 'Disbursement
Request" means any request by Grantee for payment of Grant funds, whether (a) a request for
an advance of funds (each, an "Advance Request") or (b) a request for reimbursement of
expenses already incurred by Grantee (each, a "Reimbursement Request"). Before submitting
any Disbursement Request, Grantee shall (1) submit a Project workplan, which should provide
an estimated Project timeline, and (2) complete its registration as a City vendor on the City Vendor
Self Service website. Grantee shalt submit all Disbursement Requests on the Grant Disbursement
Request Form attached to th is Agreement as Exhibit D, or such other form as the City may require.
Grantee shall include its vendor ID number in the space provided on all Disbursement Requests.
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GRANTEE'S FAILURE TO INCLUDE ITS VENDOR ID NUMBER MAY RESULT IN DELAYS IN
PROCESSING GRANTEE'S DISBURSEMENT REQUEST.
The City shall only reimburse or advance funds to the Grantee for expenses incurred or to be
incurred, respectively, in connection with the Project or, if Grantee has obtained the City's prior
written approval, an alternate project described in Exhibit E. For the avoidance of doubt, the
amount to be disbursed shall not in any event exceed the Grant Amount set forth in Article 1.
Additionally, 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.
A. Advance Reouests: Grantee may request that up to ninety percent (90%) of the Grant
Award be paid as advances In installments based on Grantee's funding needs as reflected
in the Cash Flow Schedule or otherwise substantiated by the Grantee with documentary
proof acceptable to the City, provided, (a) the amount of any Advance will not exceed
$5,250, (b) Grantee may not request an Advance more than once in any thirty (30) day
period, and (c) the final ten percent (10%) of the Grant Award (the "Final 10%") shall not
be advanced and shall be paid only as a reimbursement in accordance with the provisions
below. In addition to the Grant Disbursement Request Form, all Advance Requests must
contain the following (collectively, the "Advance Request Supporting Materials"): (i) the
Grantee Report, (ii) all appropriate supporting documentation, including, without limitation,
the applicable contract (including the schedule of values), proposals, estimate(s).
invoice(s), evidence of payment (receipts), warranty information, and any other
documentation establishing the nature of the expenditure and the amount to be paid, and
(iii) any other documentation with respect to the Project which may be requested by the
Contract Administrator. For the any Advance Requests following the initial Advance
Request (i.e. the second Advance Request and any subsequent Advance Requests), In
addition to the Advance Request Supporting Materials, Grantee must submit documentary
proof that all amounts previously advanced have been used to pay for permitted Project
expenses as set forth in prior Advance Requests, and otherwise in a manner consistent
with the terms of this Agreement. Notwithstanding the foregoing, the City Manager (or
designee) may, in their sole discretion and based on Grantee's demonstrated need and
cash flow requirements, authorize (x) the payment of an amount greater than $5,250, (y)
the processing of more than one advance request within a thirty (30) day period, and/or
(z) payment of the Final 10% as an Advance.
B. Reimbursement Reouests. 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. In addition to the Grant Disbursement Request Form, all Reimbursement
Requests must contain the following: (i) the Project Completion Report, and (ii) the final
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Expenditure and Payment Documentation (as such terms are defined in Section 4). Unless
otherwise waived by the City Manager (or designee) as expressly set forth herein, the
Final 10% shall be paid on a reimbursement basis
To the extent possible, Grantee shall categorize all supporting documentation submitted
with a Disbursement Request according to the categories set forth in the Project Budget. Grantee
acknowledges that any delay in submitting complete and accurate copies of the Grantee
Report(s), the Advance Request Supporting Materials, the Project Completion Report, and all
relevant Expenditure and Payment Documentation, as applicable, may result in a delay in or
denial of Grantee's Disbursement Request. Provided that an uncured default does not exist,
Grantee is in Good Standing (as defined in Section 28 below), and Grantee is otherwise in
compliance with the terms of this Agreement, the City shall disburse the applicable advance or
reimbursement by check or wire transfer, as the City determines in its sole discretion, within forty-
five (45) calendar days of its receipt of an acceptable and approved Disbursement Request
(which, for the avoidance of doubt, shall be accompanied by all required supporting
documentation as specified above).
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, Grantee shall be solely liable for all expenses incurred in
connection with the Project. The Grantee may contract as necessary to complete the Project,
including entering into contracts with vendors for services and materials, provided, Grantee
understands that the City shall not be liable to any such vendors for any expenses or liabilities
incurred pursuant to any contracts or agreements the Grantee may enter into with such vendors.
Without limiting the generality of the foregoing, the City shall have no obligation to fund any
amount in excess of the Grant amount. Grantee shall be solely responsible for any Project cost
In excess of the Project Budget as required and necessary to complete the Project.
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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
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administer oaths, require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the
project is on time, within budget and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect
and review operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its
officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance
with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract expenditures to fund
the activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested
records and documents available to the Inspector General for inspection and copying. The
Inspector General Is empowered to retain the services of independent private sector auditors to
audit, investigate, monitor, oversee, inspect and review operations activities, performance and
procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and
elected officials to ensure compliance with the contract documents and to detect fraud and
corruption.
D. The Inspector General shall have the right to inspect and copy all documents and
records in the Grantee's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original estimate
files, change order estimate files, worksheets, proposals and agreements from and with
successful subcontractors and suppliers, all project -related correspondence, memoranda,
instructions, financial documents, construction documents, (bid/proposal) and contract
documents, back -change documents, all documents and records which involve cash, trade or
volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel
records and supporting documentation for the aforesaid documents and records.
E. The Grantee shall make available at all reasonable times the records, materials, and
other evidence regarding the acquisition (bid preparation) and performance of this contract, for
examination, audit, or reproduction, until three (3) years after final payment under this contract or
for any longer period required by statute or by other clauses of this contract. In addition:
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
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ii. The Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Grantee, its officers, agents,
employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Grantee in connection with
the performance of this contract.
G. Nothing in this section shall impair any independent right to the City to conduct audits
or investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Grantee or third parties.
13. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify, defend and hold harmless
the City and its officers, employees, agents, and contractors, from and against any and all actions
(whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without
limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful
death, or loss of or damage to property, which the City or Its officers, employees, agents and
contractors may incur as a result of claims, demands, suits, causes of action or proceedings of
any kind or nature arising out of, relating to, or resulting from the performance of this Agreement
by the Grantee or its officers, employees, agents, servants, partners, principals or contractors.
Grantee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which
may issue thereon. Grantee expressly understands and agrees that any insurance protection
required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth
herein, to indemnify, defend and hold harmless the City or its officers, employees, agents, and
contractors as herein provided. Grantee's obligation to indemnify the City pursuant to the
foregoing shall survive the expiration or termination of this Agreement. Grantee recognizes the
broad nature of this indemnification and hold harmless clause, and voluntarily makes this
covenant and expressly acknowledges the receipt of good and valuable consideration, provided
by the City in support of the obligation 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
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applicable) shall defend, indemnify and save harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received or sustained by any person
or persons during or on account of any construction activities of contractor or consultant (as
applicable), or any of its subcontractors, subconsultants, agents, servants, or employees
connected with the Project; or by or in consequence of any negligence of contractor or consultant
(as applicable), or any of its subcontractors, subconsultants, agents, servants, or employees
(excluding negligence of the City), in connection with the construction activities of contractor or
consultant (as applicable), or any of its subcontractors, subconsultants, agents, servants, or
employees connected with the Project; or by use of any improper materials or by or on account
of any act, error or omission of contractor or consultant (as applicable) or any subcontractor,
subconsultants, agents, servants or employees, except to the extent any such injuries or damages
are caused by City. The contracts between Grantee and 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 .
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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 16(a) may result in a delay in Grant
disbursements.
IT DEFAULTfTERMI NATION PROVISIONS: If Grantee notifies the City in writing that the
Grantee intends to abandon the Project and forego any alternative project set forth in Exhibit E,
the City may terminate this Agreement and cancel the Grant by written notice to the Grantee, and
the City shall thereafter have no further obligation to the Grantee under this Agreement. Each of
the following (if applicable) shall constitute a default by Grantee: (a) Grantee fails to execute an
agreement for the services of an appropriate design professional within six (6) months of the
Effective Date, (b) Grantee fails to execute an agreement with a contractor within one (1) year of
the Effective Date, (c) Grantee fails to submit all necessary permit applications to all governmental
authorities having jurisdiction within one (1) year of the Effective Date, (d) Grantee fails to achieve
Substantial Completion by the Project Substantial Completion Date (other than due to an event
of Force Majeure (as defined in Section 29)), and/or (e) Grantee fails to submit a Grantee Report.
If Grantee does not cure such default within thirty (30) days of a written default notice, the City
may terminate this Agreement by written notice and the City shall thereafter have no further
obligation to the Grantee under this Agreement. Notwithstanding the foregoing, if Grantee cannot
reasonably cure such default within such thirty (30) day period, 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
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19. FLORIDA PUBLIC RECORDS LAW:
A. Grantee shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
B. The term "public records' shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
C_ Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the
definition of "Contractor" as defined in Section 119.0701(1)(a), the Grantee shall:
i. Keep and maintain public records required by the City to perform the service;
ii. Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Grantee does not transfer the records to the City;
iv. Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Grantee shall destroy
any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Grantee keeps and maintains
public records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon 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
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A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the request,
and the Grantee must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
ii. Grantee's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
iii, A Grantee who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
E. CIVIL ACTION
i. If a civil action is filed against a Grantee to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Grantee the reasonable costs of enforcement, including reasonable attorneys'
fees, if:
a. The court determines that the Grantee unlawfully refused to comply with the
public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Grantee has
not complied with the request, to the City and to the Grantee.
ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of
public records and to the Grantee at the Grantee's address listed on its contract
with the City or to the Grantee's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express Guaranteed, or
certified mail, with postage or shipping paid by the sender and with evidence of
delivery, which may be in an electronic format.
iii. A Grantee who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
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F.IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c-MIAMIBEACHFL.GOV
PHONE: 305-673-7411
20. WRITTEN NOTICES: Any notices required under this Agreement will be effective
when delivered to the City in writing and addressed to the 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.
21. CITY CONTACT: All contract related questions, reports and requests for
reimbursements to be submitted to individuals listed below,
Sustainability and Resilience Division
MBRisiggAbov__e�c'7z migmigegchfl.ctov
Amy Knowles, Chief Resilience Officer
AmvKnowle5gLrniarnjb achfl.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.
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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 parry's right thereafter to enforce or compel strict
compliance with every term, covenant, condition or other provision hereof.
24. RELATIONSHIP OF THE PARTIES: It is expressly understood and intended that `.he
Grantee, as the recipient of Grant funds, is not an officer, employee or agent of the City, the City
Commission, nor the City department(s) administering the Grant or the Grant Award. Further, for
purposes of this Agreement, the Project or activity, the parties hereto agree that the Grantee, its
officers, agents and employees are independent contractors and solely responsible for the
Project. The Grantee shall take all actions as may be necessary to ensure that its officers, agents,
employees, assignees and/or subcontractors shall not act as, nor give the appearance that they
are, agents, servants, joint venturers, collaborators or partners of the City, the City Commission
or the department(s) administering the Grant or the Grant Award. No Party or its officers, elected
or appointed officials, employees, agents, independent contractors or consultants shall be
considered employees or agents of any other Party, nor to have been authorized to incur any
expense on behalf of any other Party, nor to act for or to bind any other Party, nor shall an
employee claim any right in or entitlement to any pension, workers' compensation benefit,
unemployment compensation, civil service or other employee rights or privileges granted by
operation of law or otherwise, except through and against the entity by whom they are employed.
25, NO THIRD -PARTY BENEFICIARY RIGHTS: The terms of this Agreement inure to the
benefit of only those Parties named herein. This Agreement is not intended to and shall not be
construed to give any third party any interest or rights, including without limitation third -party
beneficiary rights, with respect to or in connection with any agreement or provision contained
herein or contemplated hereby.
26. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are
for convenience of reference only and should not be deemed or construed as in any way limiting
or extending the language or provisions to which such captions may refer.
27. CONTRACT REPRESENTS TOTAL AGREEMENT, OPPQRTUNITY TO REVIEW:
This contract, including its special conditions and exhibits, represents the whole and total
agreement of the parties. No representations, except those contained within this Agreement and
its attachments, are to be considered in construing its terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties. 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
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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.
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.
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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.
S. 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 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
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with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of
which is attached hereto as Exhibit H and incorporated herein
35, PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A
BOYCOTT: 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. In accordance with Section 2-
375.1(2xa) 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.
36, 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 intemet service providers, printing companies, event venues, restaurants, caterers,
transportation providers, and office supply vendors.
C. Any individual or entity which performs licensed professional services (including
for example, legal or accounting services).
37. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE
ACCESSED: Grantee hereby agrees to comply with Section 287.138, Florida Statutes, as may
be amended from time to time, which states that as of January 1, 2024, a governmental entity
may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which
would grant the entity access to an individual's personal identifying information (PII), unless the
entity provides the governmental entity with an affidavit signed by an officer or representative of
the entity under penalty of perjury attesting that the entity does not meet any of the criteria in
Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government
of a foreign country of concern; (b) the government of a foreign country of concern has a
controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal
place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country
of concern is defined in Section 287.138 (1Xc), Flonda Statutes, as may be amended from time
to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran,
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the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of
Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of
significant control of such foreign country of concern Additionally, beginning July 1, 2025, a
governmental entity may not extend or renew a contract with a Prohibited Entity. Grantee
warrants and represents that it does not fall within the definition of a Prohibited Entity, and as
such, has caused an authorized representative of Grantee to execute the "Prohibition Against
Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by
reference and attached hereto as Exhibit H.
38. 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 H and incorporated herein.
39. 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 H and incorporated herein.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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EXHIBIT A I GBANjEE PROJECT PROPOSAL
GRANTEE NAME: 8330-8340 Byron Associates, LLC
GRANTEE ADDRESS: 8330-8340 Byron Ave Miami Beach FL 33141
FLQOD RISK MITIGATION APPROACH SELECTED (,Select all that appivl:
0 Report Alternative A 0 Report Alternative 8 0 Report Alternative C VOther
DESCRIBE PROJECTM TO BE CONDUCTED INCLUDING LOCATION ON PROPERTY
AND APPROXIMATE SIZE;
Install a new 120' seawall according to engineered plans.
Install 6 (12" width x 30' long) 12" CCA pressure treated
wood mooring piles. Install 80 Cubic yards of rip -rap boulders according to plans.
Expected Break -Ground Date (Aporox.). 11/15/2025
Expected Proiect End Date (Approx.): 11/15/2026
Expected Miami Beach Permits: Building Permit
Other Expected Perms: Miami Dade and Florida Department of permit for environmental protection
Estimated Protect Cost: $259,788.65
Estimated PPA Funds to be Expended ($17.500 00 Max: 50% of Project Cost Max),
Contractors and Other Professional Partners
,ompany Description/Responsibilities �uate (attach) Contact Info
JMax Marine and Seawall Installation $231, 855.t30 305-785-8682
Foundation Inc. �
Davis Environmental Engineering Services $15,300.00 1 305-502-1954
Solutions
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EXHIBIT 8
PROJECT BUDGET
GRANTEE DAME: 8330-8340 Byron Associates, LLC
GRANTEE ADDRESS: 8330-8340 Byron Ave Miami Beach FL 33141
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:
Expected
Cost
Labor Costs:
Contract price with Max Marine and Foundation Inc
$231,855.00
Design and Architecture:
fVermits:
Benthic Assessment
Permit Applications
Engineering Plans and Calculations
$15,300.00
Install a new 120 seawai; aeecxdw►g to engineered plans
$12,633.65
Materials/Supplies-.
Equipment Rental/Purchase'
Insurance Costs:
Other:
TOTAL:
$259, 788.85
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EXHIBIT C
GRANT STATUS REPORT INSTRUCTIONS
Exhibit C -- Project Reporting via Submittable
The City of Miami Beach Private Property Adaptation Program requires regular project reporting
to monitor project progress and support successful completion of funded projects.
All project reporting shall be coordinated through Submittable, the same software platforim the
Grantee utilized to submit their application to the Program. A standardized, fillable reporting
form has been developed within Submittable and will be assigned to each Grantee.
Reporting Requirements
• Due Date: Reports must be submitted by the 15th of each month or quarter, as specified
in the grantee's grant agreement.
• Frequency: Reporting is required on a monthly or quarterly basis, as outlined in the
grant agreement, and must continue until project completion and final closeout approval.
• Completeness: All required fields must be completed. Reports that are incomplete may
be returned for correction.
• Compliance: Failure to submit timely and complete reports may result in loss of funding
eligibility and removal from the program.
How to Submit in Submittable
1. Access the form: Grantees will receive an email assigning the reporting form, sent to
the email address used to register their Submittable account. The form can also be
accessed by logging into Submittable and selecting the "Forms" tab, where the
assigned "Monthly/Quarterly Report" will appear.
2. Open the reporting form: Select the appropriate reporting period from the dropdown
menu.
3. Complete all fields: Provide contractor information, project updates, expenses, permit
numbers, and any issues or delays
4. Upload photos: Attach clear progress photos documenting project activities.
5. Review and certify: Verify accuracy and completeness, then confirm authorization to
the certification section.
6. Submit by the deadline: Submit the report no later than the 15th of the following month
or quarter.
Link to Submittable Login
https://www sub mittable.corn/sgn-in
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EXHIBIT D
GRANT DISBURSEMENT 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
4), ircluding item zed bills from the contractor and photo documentation of the work completed. The
Grantee acknowledges that (1) for a Reimbursement Request to be processed, ail submitted proofs of
payment must match the total of submitted invoices, and (2) only Protect costs that are directly related to
flood mitigation, it the City's sole discretior.. are eligible for funding, whether provided as advanced
payments or on a reimbursement basis. City reserves the nght to request, and Grantee shaft promptly
provide, any additional information City deems necessary to process a Disbursement Request.
GRANTEE NAME:
GRANTEE CONTRACTOR:
GRANTEE CONTRACTOR CONTACT:
PAYMENT ADDRESS:
VENDOR ID NUMBER:
Reimbursement Term Start:
Reimbursement Term End.
Remaining PPA Funds:
Funds Requested This Disbursement:
Total Expenditures:
Certification of Payment: I certify that the above expenses were necessary and reasonable for the
completion of the Project and In accordance with this Agreement. I further warrant and represent
that these expenses have not been, and will not be, covered by any other third party funding source,
Including under any other separate agreement between the City and Grantee.
Grantee
Request Prepared By:
Name
Grantee Vendor 'D
City of Miami Beach
Request Reviewed 6y:
S i(4 ri a `. u re.'Da te
Name Signature/Date
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EXHIBIT E
ALTERNATE PROJECT CATEGORIES
Upon the written approval of the Contract Administrator, the Grantee may substitute its Project
for a project of equal or greater flood mitigation effectiveness as described below ("Adaptation
Alternatives"). Adaptation Alternatives shall be categorized based on the targeted improvement
area and flood type. Some project types may fit in multiple categories:
A. Category A shall include improvements to the building envelope for habitable spaces
for any flood type. In order of most effective to least effective, unless otherwise
demonstrated by the design professional, project types in Category A include:
A.1. Building Elevation
A.2. Dry Floodproofing
A.3 Electrical and Life Safety Flood Protection
Mechanical Systems Flood Protection
A.4. Temporary Flood Barriers for Openings
A.5. Sanitary Sewer Backflow Prevention
B. Category B shall include improvements to the building envelope for non -habitable
spaces for any flood type. In order of most effective to least effective, unless otherwise
demonstrated by the design professional, project types in Category B include:
B.1. Building Elevation
B.2. Dry Floodproofing and Crawlspace Improvements
B.3. Temporary Flood Barriers for Openings
BA Wet Floodproofing
B.5. Flood Resistant Building Materials
C. Category C shall include improvements to the property site for storm surge flooding
mitigation. In order of most effective to least effective, unless otherwise demonstrated
by the design professional, project types in Category C include:
C 1. Floodwalls and Levees 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 Improvements.
Page 30
Grantee Initials: DV
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
EXHIBIT F
CONTRACTOR CERTIFICATION OF WORK COMPLETED TEMPLATE
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:
Print Name/Title
State of
County of
The foregoing instrument was acknowledged before me by means of 0 physical presence or Cl online
notarization, this by , known to me to be the parson
described herein, or who produced _ as identification, and who did/did
not take an oath.
NOTARY PUBLIC -
(Signature)
(Print Name)
My commission expires -
Page 31 DV
Grantee Initials:
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
EXHIBIT G
OWNER ACKNOWLEDGEMENT OF TEMPORARY FLOOD BARRIER RESPONSIBILITIES
This document serves as a formal acknowledgement by the undersigred property owner(s)
regarding the purchase, installation, maintenance and use of temporary flood barriers.
Property Information
• Property Owner Names}:
hereinafter referred to as "property owner "
• Property Address: _
Acknowledgement Statements
By signing below, the property owner affirms understanding and acceptance of the following:
1. Residual Rlsk: Temporary flood barriers may be overtopped or fail if improperly installed
or maintained. They do not eliminate flood risk
2. Code Compliance: Temporary barriers do not bring the building into compliance with the
flood -resistant construction requirements of the Florida Building Code.
3. Structural Pressure: Even when properly installed, temporary barriers may cause
damage due to water pressure against structural elements.
4 Permit Requirements: Building permits are required for any modifications made to
accommodate temporary barriers, such as mounting brackets or structural
reinforcements.
5 Maintenance Responsibility: The property owner is solely responsible for maintaining
all temporary barriers and associated devices.
6. Monitoring and Installation The property owner must monitor weather conditions and
ensure proper installation of temporary barriers In accordance with manufacturer or design
professional instructions.
7 Evacuation Protocol: The property owner agrees to evacuate the building after installing
temporary barriers.
8. Insurance Disclaimer. The City of Miami Beach makes no guarantees regarding the
impact of temporary barriers on insurance coverage, premiums, or claims.
9. City as Funder: The property owner assumes full responsibility for the purchase,
installation, maintenance and use of the temporary flood barriers. The City of Miami
Beach, Florida (the "City") is solely providing funding, on a reimbursement basis, toward
the purchase and installation of temporary flood barriers which meet the City's
requirements for the temporary flood barrier subsidy program (the "Program'). The City
does not make any representations or warranties as to the quality or fitness for a particular
purpose of the temporary flood barriers. Further, the City makes no guarantees as to
payment of the subsidy. The City Manager's designee, in the City Manager's designee's
sole discretion, determines whether or not Owner's reimbursement request meets the
City's Program requirements.
10. Release and Hold Harmless: The property owner hereby releases and holds harmless
the City of Miami Beach and its officers, employees, agents, and contractors, from and
against any and all actions (whether at law or in equity), claims, liabilities, losses, and
expenses, including, but not limited to, attorneys' fees and costs, for personal, economic
or bodily injury, wrongful death, loss of or damage to property, which may arise or be
alleged to have arisen in connection with, related to, or as a result of Owner's purchase,
installation, maintenance or use of the temporary flood barriers. Signature and
Notarization
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
I, the undersigned, acknowledge and accept the above responsibilities and conditions.
Property Owner Signature:
Name of Property Owner:
Date:
Property Owner Signature:
Name of Property Owner: _
Date:
State of
County of
The foregoing instrument was acknowledged before me by means of O physical presence or D
online notarization, this day of 202_ by
known to
me to be the person(s) described herein, or who produced
as identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
Date:
My commission expires:
Page 33
Grantee Initials: DV
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
EXHIBIT H
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 (DV)
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".
Initials (LV)
In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the
undersigned, on behalf of Grantee, hereby attests under penalty of perjury that Grantee does not
meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a)
Grantee is owned by a government of a foreign country of concern; (b) the government of a foreign
country of concern has a controlling interest in Grantee; or (c) Grantee is organized under the
laws of or has its principal place of business in a foreign country of concern.
Initials (DV)
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.
Page 34
Grantee Initials: DV
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
Initials C2i�
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 35
Grantee Initials: DV
Docusign Envelope ID 8FB07014-318D-8FCA-815E-D72F00524A86
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:
8330-8340 Byron Associates, LLC, a Florida limited liability company.
Signat A orixed Representative
Name/Title: DANIEL VEITIA/ PROPERTY MANAGER
State of Tiorl CIQ
County of miory\i \�Wc,
1193 71ST STREET MIAMI BEACH, FL 33141
(Address)
The foregoing instrument was acknowledged before me by means of X physical presence or ❑
online notarization, this 2-3 day of +-4 rid 202 CO by
, as _ -__ of 8330-8340 Byron
Associates, LLC, a Florida limited liability company, known to me to be the person described
herein, or who produced as identification, and who did/did
not take an oath
NO UBLIC:
(Si ture)
1m (�►J,,%03 n
(Print Name)
My commission expires:
MY CO��N 010 J2792/
EXPIRES: OcioDer 31, 20a
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
MAX MARINE AND FOUNDATION INC.
Alan Tauber
Tauber Real Estate
Job Location:
8340-8330 Byron Ave
Miami Beach Fl 33141
i�: tauberrcalestate.com
WE
1323 N 31 st Rd Hollywood Fl. 33021
Phone 305-785-8682 Fax 954467-1241
License # E 1300075
New Seawall and Dock
Contract
ACCORDNG TO FLORIDA'S CONSTRUCTION LIEN LAW
(SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO
WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND
SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO
ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR
PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION
LIEN- IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS
TO PAY SUBCONTRACTORS, SUB -SUBCONTRACTORS, OR
MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN
IF YOU HAVE ALREADY PAIL) YOUR CONTRACTOR IN FULL IF
YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR
MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF
A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST
YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR
MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU
SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY
PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO
PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
PERSON OR COMPANY THAT HAS PROVIDED TO YOU A
"NOTICE TO OWNER.- FLORIDA'S CONSTRUCTION LIEN LAW
IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT
AN ATTORNEY. PAYMENT MAY BE AVAILABLE FROM THE
FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND
IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER
CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED
VIOLATIONS OF FLORJDA LAW BY A LICENSED CONTRACTOR
FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING
A CLAIM. CONTACT THE FLORIDA CONSTRUCTION INDUSTRY
LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER
AND ADDRESS Construction Industry Recovery Fund, 1940 North
Monroe Street, Suite 42, Tallahassee, Florida 32399; Telephone: (850)
921-6593. ANY CLAIMS FOR CONSTRUCTION DEFEC..-rS ARE
SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER
55R. FLORIDA STATUTES
Initial owner2 Contractor initia
Page 1 Of 3
Date
ID9128123
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
Page 2 Of 3 7330 and 7340 Byron Ave F FTotalsJob Discription
------------------------
1) Remove and dispose piles. 2) Install a new 120' seawall according to engineered ,
plans. 32 prestreesed 12"x 12" concrete batter and king
piles up to 25' in length. Concrete slabs will be 7.5fl
wide x 7.5" in width. Length will be determined on site
up to max of 18'. Form and pour a new 120'long x 22"
high x 40" wide concrete seawall cap using 5000 PSI
concrete with #5 reinforcing steel.
3) install forty (40) 12" CCA pressure treated wood dock 3472,455
piles measuring (12" in width x 25'long). Construct a
dock measuring 813.2 Sq Ft using 2x6 marine decking
fastened with stainless steel screws, Sub structure will
be constructed with marine grade pressure treated
wood fastened with galvanized hardware according to
engineered plans.
Option A Use Arek Ifanest _ollectton for decking
Add $13,017 (o the contract
Option B. Use Arek V1111age collection for decking
Add $16.95(1 to the contract
Option C. Wrap Piling with pine wood $200 per
piling Using stainless steel screws Based on 4' high
piles above the dock
Option D. Wrap Piling �rtth Arek Iiarvest collrctton
$400 Per piling Using stautle5s steel scree. Usutk
stainless steel scrv%ks Based on 4' high piles abo.,e the
dock
Option L. Wrap Piling with Arek Vintage (;ollectum
$000 I'er piling Using stainless steel sere%%. Based ov
4' hikh piles abo%e the dock-
4) Install 6 (12" width x 30'long) 12" CCA pressure
treated wood mooring piles.
4)$6,600
5) Install 80 Cubic yards of rip -rap boulders according to 5)$20,000
plans
nitial owner Contractor initia
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
Page 3 Of 3 7330 and 7340 Byron Ave
*Not included in price: Electric, plumbing, permit, dock
accessories, surveys, removal of any vegetation, concrete
testing, engineered letters, vibration testing, removal of
unforeseen debris, removal of existing seawall, dredging,
backfilling, pile punching or anything else that is not
included in the above estimate.
* Pile punching if needed will be $150 per pile.
* Removal of unforeseen debris, dredging, existing seawall
removal due to collapse or punching rock for seawall
installation with barge will be $600 per hour.
*Backfilling will be $175 per cubic yard.
We hereby propose to furnish labor and material -
complete in accordance with the above
specifications, for the sum of $231,855 with
payments to be made as follows:
1) $23,000 due upon signing of contract.
2) 546,300 when work commences, and panels are being
formed.
4) 355,000 after seawall panels and piles are installed.
5) $44,000 after dock piles and boulders are installed.
6) 540,000 after cap is poured and dock framing is
complete
7) $23,555 Final balance due upon completion of job and
finalizing permits.
Max Marine and Foundation Inc
Date accepted: 10111 /23 Signature
Owner
Date accepted: J Signature;
Thank you for your business Total i $
231,85.5
Any alteration or deviation involving extra costs will be treated as a separate contract All agreements contingent upon
strikes, accidents, or delays beyond our control The owner agrees that Max Marine and Foundation Inc to be held
harmless for damages resulting from vibration, noise, fallout to all structures and landscaping. damage or removal of
hidden or buried obstructions, any damage to neighboring seawalls etc. The owner agrees to pay all costs of collection
and reasonable attorney's fees and all other costs associated with collecting the unpaid balance. Unpaid balances shall be
charged interest at a rate of 1 5% per month. (18% annually)
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
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 lnterlocal 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: 8FB07014-318D-8FCA-815E-D72F00524A86
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 V
ATTEST:
7X DEC 16 - 2922
RAFAE E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney � Date
day of 11)2cem be ('2022.
DAN GELBER, MAYOR
Docusign Envelope ID: 8FB07014-318D-8FCA-815E-D72F00524A86
MIAMIBEACH
2025-CMB-PPA 2531 Private Property Adaptation Program — 8330-8340 Byron Ave, Miami Beach, FL 33141
Daniel Veitia, 8330-8340 Byron Associate's, LLC I ENV & SUST
Amy Knowles ( I Maria Hernandez I H.."
Document Type
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 Daniel Veitia, 8330-8340 Byron Associate's,
LLC 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 installment of a new seawall cap project to protect against storm surge and tidal flooding.
Original Term Renewal Periods Total Term (Original + Renewals) ,A
Funding Information
Grant Funded: Yes X No State Federal Other:
Cost & Funding Source
Annual cost Account Require Enhancemm
1 $20,000 112-0830-000343-36-402-518-00-00-00-66221 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.
Authority
City Commission Approved7l X Yes No
to Sign
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 I Yes No I If no, explain below why form approval is not necessary:
Procurement:
Compliance Approvals
N/A
(see attached)
Grants:
N/A
Budget:
—"— W
Information Technology:
N/A
Risk Management:
N/A
Fleet & Facilities:
N/A
Human Resources:
N/A
Other:
D—US19ned by: Sig"ed by:
Reviewed by: E#�WsAs3-1
aDFC90AC690A 85 &----
4. 39152EBADF57428