HomeMy WebLinkAboutPrivate Property Adaptation Program Grant Agreement between the CMB and Noah RiceZ-c>-zz-- 3zc-1 w
;BEACH
CITY OF MIAMI BEACH
PRIVATE PROPERTY ADAPTATION PROGRAM
GRANT AGREEMENT
GRANT PROJECT No. 2025-CMB-PPA-2513
This GRANT AGREEMENT (hereinafter the 'Agreement"; is made and entered into this
6th day of Api ,. 2026 _, by and between the City of Miami Beach.
Florida (hereinafter the "City"), and Noah Rice a City of Miami Beach resident (hereinafter the
'Grantee') This Agreement is effective Apr" 1. 2026, the `Effective Date.'
ARTICLE 1 I GRANT DESCRIPTION
GRANTEE:
MAILING ADDRESS:
CITY, STALE, ZIPS
PHONE, FAX E-MAIL
PROPERTY ADDRESS
GRANT AMOUNT -
PROJECT DESCRIPTION
GRANT PROJECT BUDGET
GRANT TERM
PROJECT SUBSTANTIAL COMPLETION DATE
FINAL REIMBURSEMENT
NVar. Rice
4331 Nautilus Dr Miami
Beach, FL 33140
7862101960
4331 Nautilus Dr. Miami Beach, FL 33140
UP TO $17,500
See Article I! and Exhibit A hereto
See Exhibit B hereto
04►0112026 - 04/1412027
12/3012026
REQUEST DEADLINE: 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
Exh+brt 8 - Project Budget
Exhibit C Grant Status Report Instructions
Extwbtt D - Grant Disbursement Request Form
Exhibit E - Alternate Protect Categories
Exhibit F - Contractor Certification o` Work Compieted
Exhibit G - Owner Acknowledgement of Temporary Flood Barrier Responsibilities
Exhibit H City's Affidavits and Certifications
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Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
FOR CITY-
ATTEST:
.,/ Granado Cit Clerk
REGIS BABOU
MAY 12 2026
Date
FOR GRANTEE:
ATTEST.
J;
Witness Signature
Print Name
**. Mk — "N_ - -
Date w t T± i U14
City of Miami Beach, Florida
By; 6 �-4zyt/!az
Eric T. Carpenteir, City Manager
Noah Rice
aY ?L_j,4____
Signature
&'L "
Print Name
APPROVED AS TO
FORM & LANGUAGE
�• •
+�• y •
•
NR
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042C0743A
Re2grt+ Requirements:
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 1510 of each
subsequent month Example: the report for March 1 to March 31 is due on April 15. Quarterly
reports are due on the 15*' 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 ineliglbifity of
the Project to receive grant funding and withdrawal of the Grantee from the program
Reporting Schedule
® Monthly (Jan; Feb; Mar, Apr; May; Jun; Jul, Aug, Sep, Oct, Nov; Dec)
O Quarterly (Jan 1 - Mar 31, Apr 1 - Jun 30, Jul 1 - Sept 30; Oct 1 - Dec 31)
Projyt Substantial Com�etion Date- 12/30/2026
EsLm.gted. Project Cost:
510,934 29
Estimated PPA Funds to be Expended- S10,934 29
N t�
ARTICLE II 1 GRANTEE PROJECT PROPOSAL (CITY USE ONLn
Project Scope Eligible for Program Funds:
Costs eligible for funding are limited to those flood nsk mitigation activities described below and
in this Agreement. Other construction, renovation, beautification, and demolition costs associated
with the Protect (as defined below) that do not directly relate to flood mitigation will not be eligible
for disbursement and reimbursement. In the event of any conflict between the terms set forth in
this Article 11 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
unprovement activities, installing temporary flood barriers to protect multiple garage openings and
a service door on the property The work includes delivery of all barrier units, permits, along with
professional installation, and fitting. Only temporary -flood -barrier -related activities are included in
this scope.
Participants must submit status 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 ill, Section
4.
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Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
ARTICLE III if GENERAL CONDITIONS
1. PAR IE 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. 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 8 (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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Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042C0743A
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 paint 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. 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 andlor
the termination of the Agreement by the City.
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Grantee Initials: MR
.§_V__ TANTiAI , QMf EtION LGrantoo *hall
COmin0iviaily t---,scinable t)ost efforts to commonce Projocl-rointeid constniction activit0s► within
once year of ttun efluctivo Dtalt► Gionlaw eiacknowtedqay that frslluro to coninionco Project rolatod
construction activities within such ttno your period may result In tho tcnrminution of ih;s Agroamonl
and rosclssiorn of thin Graml; how,:tvto tho Contract Adminl3trutor muy extund the lung for inelitttung
Project construction in hWher slnlo discrution, f urthar, Graintioe shall ensure the Projoct actlievin►a
Substanlal Completion (as doflnud below) on or b►.rfory the Project Substantial Comploti c Only►
%ot forth in Arliclo 1, notwithstanding tho fortgomq, Contract Administrator r►uiy <approvu
e0vnslotn:3 of IhO Project Subatanttanl Compiotion Date, in its sob discrotlon, upoin roroipl of e
arnlisfactory ruquost for oxtenwon and any documentation its may lea raquirod by tho Contract
Administrator to substantiate such rriquest
A For pcuposeys of this Ag►oemorit, 'Subst<arilt8l Compietrcni►` (1►oarts ihet falivwir►g
(i) If the Pro)oct (or portion llx3roof) oniaalls construction, the date when Ilk) work
constituting the Pro)oct, ns Mrtifvd in writtn j by the Grantoo and they load d631grn
professional (i,o the architect of rocord" or the of roc ord,' its the come may be),
If any, tins been developed, dosignc►d, vngnouted and constricted in accordanco will, tho
nppilcabio contract documonts such that all conditions of permits and rogulatory agonclos
havo br-en sutisfled and the Proloc t Is toady for occupancy (if applic:ablo) and utilization
for they uses and purposes intendeid, without nnatornal wlarf^r,�ncv from incomplete or
improporiy completed warx end with only minor punch list Items minuining to bo
complot(id, all r;s roosontabiy delen-tntnod by tho bred dosign prolossiontil, aarnd ovidoncod
by 11) the Issuance o1 n Cortirtc:anto of Occupancy or Cortifiente of Completion by the)
authority having Junsdicitorn (if a;tppllcabkt); (,) the lssckancci of za Cortificato of Substantial
Compintloin by then to nd dostgn prolossional forany portion of the Project for which a dv.aign
profensslooaal was on~d; rind/or (3) such other dorui?)ontation a; the City's Contract
Administrator may romiuibfy request as evidonce !taut the ProXict hey ach►ovtid
Subski ntini Completion; and
(Ii) If the Project (or portion thuroof) ontaiis the purcNiso of oquipment, the date that
such oquipnsont heir Wn ,nstnllod in inccordanco wilt,, till opplicabto manufacturer
instructions and building codes such thnt tho Grantors will bo oblo to Lao such oquipmont
for its Intended purposo(s)
8, ?1qjqcl At bnst ono (1) month prior to the oxpirrnUon of this Nrooment, if
the Grantoo expects tho Project will not achiovo Substantial Completion by the date not
forth in Article I, Griviloo must roquost,an extension to the Proloct timoline by amending the
City a written request detailing the reason for the oxtonsion and tho annount of limo
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tiet►nl4t lnttiakx NR
requested The City reserves the right to accept or reject a Project extension request in its
sole discretion
C Repayment Oblgat*n Upon fa►Lure to Timely C mpieie Protect If Grantee abandons
the Project, fads to ach►eve Substantial Completion by the Prciect Substantial Completion
Date, or otherwise elects not to complete the Project after ece►ving 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 ackntaw+edges and agrees that (a) all Grant funds disbursed prior to Substantial
Completion are conditioned upon Grartee s full' and timely completion of the Project and
(b) the C►ty's disbursement of any funds does not relieve Grantee of rt5 obl+gat►on to
complete the Protect 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 small rent full repayment to the Gty
within thirty i,30j Calendar days of the Gate of suer notice. Failure to timely repay the City
constitutes a material t)feacn of this Agreement and may result in the City pursuing all
remedies available at taw or in equdy, including, without limitation, collection actions lens,
and offsets against any future Gty funding for which the Grantee may otherwise be
ei►gible 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 Sect►on shall survive the expiration or eart,er termination
of this Agreement
6 DISBURSEMENT OF GRANT FUNS 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 workplar, which should provnde
an estimated Project timeline, and (2) complete its registration as a City vendor on the City Vendor
Self Service website Grantee shall submit all Disbursement Requests on the Grant Disbursement
Request Form attached to this Agreement as Exhibit D: or such other form as the City may require
Grantee shalt include its vendor ID number in: the space provided on all Disbursement Requests
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Grantcc Initials: N
Ll
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 Protect 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 I
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 Protect and Grantee shah have no claim to
such unused Portion of the Grant Award.
A Advance Requests. 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 Scheduie 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 k(o 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 prowssons
below. In addition to the Grant Disbursement Request Form all Advance Requests must
contain the follawinr, (collectively, the 'Advance Request Supporting Matenals'): (1) 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 a the second Advance Request and any subsequent Advance Requests), in
addition to the Advance Request Supporting Matenals. 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 now 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 100/o as an Advance
B. Reimbursement Requests. Reimbursement requests may be submitted to the City orjiy
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 (0 the Project Completion Report, and (ii) the final
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CiTantee Initials. OR
Expenditure and Payment Documentation (as such terms are defined in Secton 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 documentatior submitted
with a Disbursement Request according to the categories set forth to the Project Budget Grantee
acknowtedges that any delay in submitting complete and accurate copies of the Grantee
Report(s), the Advance Request Supporting Mater1als. the Project Completion Report, and all
relevant Expenditure and Payment Documentation, as apoicable, may result to a delay rn or
dental of Grantees Disbursement Request Provided that an uncured default does not exist.
Grantee is in Good Standing (as defined ,n Section 28 beiowi. 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 Ctty determines in its sole dtscrettor, 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 saectfred above)
7 GRANT RESTRICTIONS Grar't funds awarded pursuant to this Agreement may not be
used for any purpose unrelated to the Protect Without itmittng the foregoing, the following
expenditures are expressly prohibited fences and gates, e►ectncal wiring. landscaping tights,
Wulders and landscape features, ErrVatton systemv monument signs: swimming pools, htxncane
windows and shutters: tree pianting (except as permitted in connection with a rain garden or other
approved flood mitigation protect), narmonizatton protects fountains. cosmetic or decorative lawn
items, remuneration of Gty employees for services rendered as part of a protect funded by this
Grant, debt reduction unrelated to the Project, or lobbying or propaganda materials Grants may
only be used for the Gty approved Rood restkency and/or rnrtigation 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
C�ty's obltgation to disburse the Grant Grantee shall be solely liable for all expenses incurred in
connection w,th the Protect. The Grantee may contract as necessary to complete the Prgect,
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 Protect cost
to excess of the Project Budget as required and necessary to complete the Project
Page 10
Grartet Initials. N�
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 documentabon or written reports it addition to those required pursuant
to Section a, prior to the Protect Substantial Completion Date. ev►dencing Grantees progress on
the Protect.
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 vl conjunction wth 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 'east three (3) years after the Final Reimbursement Request
Deadline specified in Article 1 of this Agreement. These booxs, 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 Gty 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 matenal 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 bass, perform rev►ews,
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.
Page 11 IV Q
�ir,fntCc Init,als
administer oaths, require the production of witnesses and monitor City protects and programs
Monitoring of an existing City project or program may include a report conremtng 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 revery operations, activities, performance and procurement process including but not limited
to project design bid specifications, (bidlproposah 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 pnvate 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 shalt have the right to inspect and copy all documents and
records in the Grantees 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 isles. 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 It 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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tirantee Initial., IJ R
u. 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 !his 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 Gty by the Grantee or third parties
13. LIABILITY AND INDEMNIFICATION: Grantee shall indemnity, 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), clams, 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 Gty 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 ansing 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 anal losses in connection therewith and shall investigate and defend
all clams, 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 indemnity, 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 'he
broad nature of this indemnification and hold harmless clause, and voluntarily makes th►s
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 Flonda
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 or 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
Page 13
Grantee Initials N
applicable; shall defend. indemnify and save harrniess the City !ts officers, agents and
employees from or on account of any injures 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:i, or any of its subcontractors subcorsultants, agents, servants, or employees
(excluding negligence of the City) in connection with the construction activities of contractor or
consultant (as applicable), or any of its subcontractors, subconsultants. agents, servants. or
employees connected with the Protect; or by use of any improper materials or by or on account
of any act, error or omission of contractor or consultant (as applicable) or any subcontractor
subconsultants, agents servants or employees; except to the extent any such injuries or damages
are caused by City. The contrahs between Grantee and any contractors and the a►irhitecturai 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 liaoility ansing from or cased upon the violation of any City. Miami -Dade County, state
or federai laws. bylaws, ordinances or regulations by contractor, its subcontractors, agents.
servants or employees (exclu6ng negligence of City), and (b) from all such claims and fees. and
from any and all suits and actions of every name and descnpbon 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 actons that may be brought against City for the infringement of any and act patents
or patent rights clamed by any person, firm, or corpo►anon The contracts between Grantee and
any contractors and the architect s agreement between the Grantee and any consultant shall
provide that the contractors and consultants indemnification obligations to the City shall survrnve
the expiration or termination of sucri agreements
15 ASSIGNMENT: The Grantee shah not be permuted 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 WiTN 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 ;f 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
Page 14
i irantcc Initial. N
e
a Legal. Non Confgi iag Bull in 4s or s: Previously constructed buildings
or structures that do not conform to the current requirements of the City's land development
regulations (such as converted garages, imperv►ous 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
disbursemer-ts.
17. DEFAULTITERMINATION PROVISIONS: If Grantee notifies the City in writing that the
Grantee intends to aoandon the Protect 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 (,f applicable) shall constitute a default by Grantee (a) Grantee fails to execute an
agreement for the services of an appropnate design professional within six (6) months of the
Effective Cate. (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 fads to achieve
Substantial Completion by the Project Substantial Completion` Date (other than due to an event
of Force Maleure (as defined In Section 29)), and?or fe) Grantee faits to submit a Grantee Report.
If Grantee does not cure such default within tNrty ;30) days of a written default notice, the City
may terminate this Agreement by wnner` notice and the Gty 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 (W) day period, the cure perwd 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 130) day penod and continues such efforts thereafter
These provisions small not wave or preclude the City from pursuing any other remedies
that may be available to it under the law or Ir, equity
Notwithstanding the provisions of this Section. and �mthout regard to whether City has
exercised the default provisions thereof: the City reserves the right, at its sore 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 wntten report
18 INSURANCE REQUIREMENTS: At Grantees sore 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 Grantees sore
discretion
Page 15
Grantcc Initlall [�
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, Taps, 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 w!th the transaction of official business of the City
C. Pursuant to Section 119 0701 of the Florida Statutes, rf the Grantee meets the
definition of `Contractor" as defined in Section 119 0701(1 xa), the Grantee shall.
Keep and maintain public records required by the City to perform the service,
li 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, Flonda Statutes or as otherwise provided by iaw;
ill Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authonzed
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 It 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
custodian of public records, in a format that is compatible with the information
technology systems of the City
D REQUEST FOR RECORDS NONCOMPLIANCE.
Page 16
Grantee Initials: NQ_
A request to inspect or copy public records relating to the City's contract for
services must be made d►rectty to the City. If the City does not possess the
requested records, the City shall immediately nobly the Consultant of the request,
and the Grantee must provide the records to the C►ty or allow the records to be
inspected or ccpted within a reasonable time
it Grantee s fa►lure to cornpiy With the City request for records shall constitute a
breach of this .Agreement, and the City. at its sole discretion may. (1) unilaterally
terminate the Agreement, (21 avail itself of the remedies set forth under the
Agreement, andior ,3) ava t .tself of any available remedies at law or in equity
in. A Grantee wtio fails to prov►de the public records to the City within a reasonable
time may be subject to penalties under s 119.10
E. CIVIL ACTION
If a civi: action is fled against a Grantee to compel production of public retards
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, it
a The court de±errrires that the Grantee_ unlawfully refused to comply with the
putdic records request within a reasonable time and
b At least 8 business days before filing the action; the plaintiff prov►ded written
notice of the pubiltc records request. ►ncfud►ng a statement that the Grantee has
not complied with the request to the City and to the Grantee.
it A notice complies with subparagraph (IM if ,t is sent to the City s custodian of
public records and to the Grantee at the Grantees address listed on its contract
with the City or to the Grantees 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
it, A Grantee who complies with a public records request within 8 business days after
the notice !s sent is not liable for the reasonable costs of enforcement
Paget 7 R
t irantcc Initial.
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: RAFAELGRANADOCaMIAMIBEACHFL GOV
PHONE- 305-673-7411
20 WRITTEN NOTICES: Any nob es required under this Agreement will be effective
when delivered to the City in writing and addressed to the Contract Administrator, as identfted to
Section 21 Any not►ces 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 eDorls and requests for
reimbursernen:ts to he sut)mMed to indrv►duals hsted Jeiow
Sustatnabljty and Resilience Division
MBFtt r _h4�.@r'.!rnar*+rbe�ct^t' qqy
Amy Knowles Chief Resilience Officer
ARTICLE III I 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 Fbnda. if in State court and the U S
District Court, Southern District of Florida if rn 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.
Page 18
C rdntce Initiai. OR,
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 :n
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: His expressly understood and )ntended 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, tree Project or activity. the parties nereto 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 deoartment(s) administering the Grant or the Grant Award No Party or its officers. elected
or appointed offic,afs, employees agents independent contractors or consultants shall be
considered employees or agents of any other Party nor to have been authonred 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 Panes riamed herein Th,$ Agreement is not intended to and shall not be
construed to give any third party any interest or rights. including without limitation third-pary
beneficiary rights, with respect to or r 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 to 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 -ts 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, wMch shall be deemed automatically incorporated into this
Page 19 (;R
rantce Initials � + -
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 shau
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 Grantees 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
Miam, Beach as long as the Grantee has no outstanding fines, fees code violations or other
issues of noncompliance with the City CGood Standing'.)
29. FORCE MAJEURE: A 'Force Maleure` event is an event that f: i in fact causes a delay
in the performance of the Grantees or 'he 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 parry, 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 Maleure may include events such as war, civii
insurrection, riot, fires, epidemics, pandem►cs, terrorism sabotage. explosions, embargo
restrictions, quarantine restrictions transportation accidents, strikes, strong hurricanes or
tornacoes, earthquakes. or other acts of God which prevent performance Force Maleure 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 9y
participating in the Program, Grantee I*reby grants the City a perpetual. non-exclusive, non-
transferable, royalty -free ;rcense to use. display. and reproduce any photographs or videos taken
of the Project, before, during, and after Protect 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 contemplates herein
3' CONFLICT OF INTEREST Grantee herein agrees to adhere to and be governed by
all applicable Miami -Dade County Conflict of interest Ordinances and Ettwcs provisions: as set
forth in the Miami -Dade County Code, as may be amended from time to time. and by the City of
Miarni 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 small not employ any person having any such interest
Page 20
(iranlce Initial; NR
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 thal payments ;'nade by
the City for Grantees 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 5 Dartic►pation 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 appi,ca5►e 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 20We, prohibiting employment discnmmation
based on race. color: religion sex and nationa► ong;n
B. The Granlee hereby agrees that. to the extent applicable 1 will comply with C►ty
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 sernces and in connection with its
membership or policies on account of actual or perceived race. color, national origin, rel►gion, sex.
intersexuaitty, gender identity sexual onentat+on, mantal and fam"I status age, disability,
ancestry, height, weight, hair texture andior hairstyle. domestic partner status, labor organization
membership, familial situation, or political affiliation
C The City endorses, and Grantee shatl comply, to the extent applicable, with the
clear mandate of the Amencans with Disabilities Act of 1990 (ADA) to remove barriers, which
prevents qualified tnd+viduals with disabilities from enjoying the same employment opporturvties
that are available to persons without disabilities
D The City also endorses the mandate of the Rehabilitation Act of 1973 anO Section
504 and prohibits dtscrnminat►on on the basis of disability and requ►res, 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 A`fdav►t containing the certificat►on of compliance
Page 21 D
O;rantee lnituls. N
with anti -human trafficking taws, as required by Section 787 06(13), F londa Statutes, a copy of
which is attached hereto as Exhibit H and incorporated herein
35 INTENTIONALLY OMITTED.
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 Gty 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 shah not aPpty to the following
A. Any in iividual 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 tim4ation, banks,
telephone or internet 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 INTENTIONALLY OMITTED.
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]
Page 22
Grantor Initials: N R
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042C0743A
EXHIBIT A
GRANTEE PROJECT PROPOSAL
GRANTEE NAME: �d G.� � t Ce
GRANTEE ADDRESS.. L4 33 t tjC.,� J�3 'Dr- ) PI � kff)' Q each,fL 33t y0
FOOD RISK MITIGAT
O Report Alternative -A,
is C°tier
Report ,4iternative 8 0 Report Alternative C
i- Expedite Program
DESCRIBE MITIGATION PROJECTISi TO BE, CONDUCTED INCLUDING LOCAL NON
PROPERTY AND APPROXIMATE SIZE_
�V�vd b�•i�rl f tr- tw op") &-E i09 ;nc�Ao 4 3 (Ine Sid•
3? In0).J .
Expected Break -Ground Date�A rox1 S/+1
Erected Protect End DateTo D
Expected Miami QeachP remits �t�al�,'�oje ��} �'Floo� 06,.rr;C,
Other Expected Permits
st�mated Project �o 10, q 3,1 • 3.9
Estimated PPA Funds to Ce Expended t) , 9311 . �9
Contractors and Other Professional Partners•
Company w� Descnptlon/Respons10itlbes Ouote (attach) Contact Info
nc (7d��)8e?8�Ly9
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LXHIBIT B
PRQJECT BUDGET
GRAtvTU NAM " TtaOs•,, itt
SRANT AC�pRE S. ti33� tJc�..�• ;Y� �r Mif�,,,., Qt��h, fL. 3 31,40
?tease hii tt+,s form out for the ,nut,aj sunrn+ss on of yow Qra^' ag-00ment arsd for each
UjMeyuertt reimb%.rsement MueSt ar►a Pc"ect iodate
Budget Lino Item [*escnPtaon of Expenses E
Oected
Cost
$I[ 5g.15
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Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
EXHIBIT C
GRANT STATUS REPORT INSTRUCTIONS
Exhibit C — Project Reporting via Submittable
The City of Miami Beach Private Property Adaptation Program requires regular protect reporting
to monitor project progress and support successful completion of funded protects.
All project reporting shall be coordinated through Submittable, the same software platform the
Grantee utilized to submit their application to the Program A standardized, filiable 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 in
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 subrnittable.corWsian-in
Grantee Initials: N
EXHIBIT D
GRANT DISBURSEMENT REQUEST FORM
An updated Project Budget (E xhibst B) and Status Report (Exhibit C) must be attached to this form to receive
payment Please include all assowted Expenditure and Payment Documentation (as defined in Section
4), inclu6ng itemized bills from the contractor and photo documentation of the work completed The
Grantee acknowledges that (t) for a Reimbursement Request to be processed, ail submitted proofs of
payment must malO. the total of subirrimed invoices. and (2) onty Project costs that are directly •elated to
Hood mitigation, in the Cay's sole discretion. are eigbie for funding, whether provided as advanced
pdyrnents or on a reimbursement basis City reserves the ng^t to request and Grantee shall promptly
provide, any additional information City deems necessary to process a Disbursement Request
GRANTEE NAME
GRANTEE ADDRESS
Reimbursement Term Start.
Reimbursement Term End
RemaiinN+g PPA Funds
Funds Requested This Odstx:rsement
Total Expenditures
Certification of Payment 1 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 !undmg source.
including under any other separate agreement betwe" the City and Grantee
Grantee
Request Prepared By
Name
Grantee Vendor
City of Miami Beach
Request Reviewed By
Name V
Signaturelpate
SignaturelOate
OR,
EXHIBIT E
ALTERNATE PRO ECT CATEG0RIFS
Upon the written approval of the Contract Administrator, the Grantee may substitute its Protect
for a protect 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 protect types may fit in multiple categories:
A. Category A shall include improvements to the budding 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
B.4. Wet Floodproofing
B.5. Flood Resistant Building Materials
C. Category C shall include improvements to the property site for storm surge flooding
mitigation. In order of most effective to least effecive, 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 Cistems
French Drains
Rain Gardens
E. Category E shall include Seawall Improvements
Gn►ntec Initials OR
EXHIBIT F
CONTRACTOR CERTIFICATION OF WORK COMPLETED
Re Contractor Certification of Work Completed Pursuant to the Pnvate Property Adaptation Grant
Agreement (the 'Agreement") between !'Owner') and the City of Miami Beach
(the City") located at Miam.
Beach, Flonda 33139 (the "Property")
(DATE)
Dear City of Miami Beach
The undersigned Contractor certifies that to the best of the Contractors 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 Mork 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 C physical presence or 0 online notarization
this by , known to me to be the person described herein
or who produced
NOTARY PUBLIC
(Signature)
(Print Name)
My commission expires
as Aentificahon and who did/did not take an oath
Grantee Initials. _L4.
EXHIBIT
OWNER ACKNOWLEDGEMENT OF TEMPQRAR _ FLOOD BARRIER RESPONSIBILITIES
This document serves as a formal acknowledgement by the undersigned property owner(s)
regarding the purchase installation maintenance and use of temporary flood tamers
Property Information
• Property Owner Names)
hereinafter referred to as " pert ow 3 3 �/
• Property Address: ^ _j._�a)
Acknowiedgement Statements
By signing below the property owner affirms understanding and acceptance of the following
1 Residual Risk Temporary flood bamers may be overtopped or fail if improperly installed
or maintained They do not eliminate flood nsk
2 Code Compliance Temporary barriers do not bring the building into compliance with the
flood -resistant constrjcbon requirements of the Florida Building Code
3 Structural Pressure Even when• properly installed, temporary tamers may cause
damage due to water pressure against structural elements
4 Permit Requirements Budding permits are required for any modifications made to
accommodate temporary tamers 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 corditiors and
ensure proper installabor of temporary tamers Mn accordance with manufacturer or design
orofessional instructions
7 Evacuation Protocol The installation of the flood oaneis cannot make the budding less
safe and must maintain the required means of egress Flood panels may be installed on
the entry door if the Secondary Means of Escape and Emergency Escape Routes are
provided in accordance with the Ftonda Budding Code For life safety purposes, the
property owner acknowledges that the building may not be occupied if installation of
temporary flood barriers obstructs all required means of egress
8 Insurance Disclaimer The City of Miami Beach makes no guarantees regarding the
impact of temporary barriers on insurance coverage, premiums or daims
3 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 i the 'City`) is solely providing funding, on a reimbursement bans, toward
the purchase and installation of temporary flood bamers which meet the City s
requirements for the temporary flood bamer 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 bamers Further, the City makes no guarantees as to
payment of the subsidy The City Managers designee in the City Managers 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 oontractors 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 anse or be
alleged to have arisen in connection with, related to. or as a result of Owners purchase.
installation, maintenance or use of the temporary flood bamers
NR
Signature and Notarization
i, the undersigned, acknowledge and accept the above responsibilities and conditions.
Property Owner Signature:___
Name of Property Owner: ►. :4a t;�,;
Date;
Date:�'f
Sate of
County of _ t"'`_' _ '�),4kj
_._
i. - ; I -:! C.-'fr,r cr r ,-4 47 , i5S
The foregoing instrument was acknoyvfedged before me by means of physical presence or ❑
online notarization, this day of 202by
known to
mr co be the persons) described Mein, or whc produced L 4_�7r 377-C' _
as identification, and who did/did not take an oath.
NOTARY PNBBLIC-
(Signaturer-\
(Pant Na { )
Date; _
My commis ►on ex ices.
r a c k 5�te r _e•
„n xr .7. 20; 7
9r:rc .- .'Xr , �.,o, •
Grantee Initials:
EXHIBIT H
CITY'S AFFIDAVITS AND CERTIFICATIONS
This Exhibit includes affidavits and certifications required under applicable Florida taw 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 notanze
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:
Initiats ( )
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 servnces as defined in Section 787.06, Florida Statutes, entitled "Human
Trafficking"
r SECTION 2 — INTENTIONALLY OMITTED
Initials I�NR I
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 (KR )
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)
Grantcc Initials MR
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 pequry to the
truthfulness of the claims made in this Exhibit and that the punishment for knowingly mating a
false statement may include fines andlor imprisonment
The undersigned is authorized to execute this affidavit on behalf of Grantee
GRANTEE.
Noah Rice
Signature
Print Name- �l C'�nY',_
State of
County of T�k_
_ � 3 3 1 Ll� l i , > Dr -, M�•�t
(Address)
The foregoing instrument was acknowledged before me by means of G9 physical presence or
online notarization, this _ day of _t- 202� by Noah Rice, known to me
to be the person described herein; or who produced f7j- L oEr. 1 0'377-4' as
identification, and who didjotd not take an oath
NOTARY PUBLIC
(Signature) t 'y. Ju^1 ��C'•C Slice r 9,W%"
' COn!mMs�ort t MM41,1511
R '� Mr CWW. 1X0$"AA+'S 1C27
#C Chrodr N4KIW ; rocuyAM
(Print Name)
My commission expiresSiJO-4'1
a" '
F L. .
'3 31-io
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042C0743A
Frontline Flood Defense
tj 18100 Pioneer Road I Fort Myers, Florida 33908
7278078249 1 info@frontlineflood.com I https-.Hfrontlineflood.com/
RECIPIENT:
Noah Rice
4331 Nautilus Drive
Miami Beach, Florida 33140
DAM EASY@ FLOOD
GATE - Full
Sent on
Flood Barrier Door Dam - Ultimate Flood Gate
Frontline Flood Defense to provide the following:
Garage #1:
(3 ea) - DAM EASY@ FLOOD GATE - Full
(2 ea) - Dam Easy@ - Extension Pole
Garage #2:
(3 ea) - DAM EASY@ FLOOD GATE - Full
(2ea) - Dam Easy@ - Extension Pole
Garage Service Door:
(1 ea) - DAM EASY@ FLOOD GATE - Full
Total: 7ea - DAM EASY@ FLOOD GATE - Full
Mar 07, 2026
$10,934.29
/. Unit Price Total
$949.00 0#
Dam Easy@ - Extension The DamEasy Extension Pole allows the use of 4 $399.00 $1,596.00
Pole multiple barriers.
The extension pole fits the Dam Easy@ Flood Barrier
perfectly and allows you to connect two DamEasy
flood barriers securely.
Includes the following:
Garage #1:
(3 ea) - DAM EASY® FLOOD GATE - Full
(2 ea) - Dam Easy@ - Extension Pole
Garage #2:
(3 ea) - DAM EASY@ FLOOD GATE - Full
(2ea) - Dam Easy@ - Extension Pole
Total: 4ea - Dam Easy@ - Extension Pole
Installation Frontline Flood Defense to provide installation of the 1 $2,159.75 $2,159.75'
quoted Dam Easy Flood Barriers and all associated
accessories. Initial set up and fitting are included in
the installation costs.
'Installation is to be billed in full following completion'
* Non-taxable
1 of 4 pages
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
Frontline Flood Defense
FL 18100 Pioneer Road I Fort Myers, Florida 33908
1; . - 7278078249 1 info@frontlineflood.com I https.-//frontlineflood.com/
Subtotal
$10,398.75
FL (6.5%)
$535.54
Total
$10,934.29
This quote is valid for the next 30 days, after which values may be subject to change.
TERMS AND CONDITIONS
YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS PRIOR TO THE
PERFORMANCE OF ANY WORK BY FRONT LINE FLOOD, LLC, A
FLORIDA LIMITED LIABILITY COMPANY.
1. Risk of Loss. Owner shall assume risk of loss or damage to the subject property or any and all
improvements thereto during the course of performance by Contractor.
2. Indemnification and Hold Harmless. Owner shall indemnify, defend, and hold Contractor harmless
against any loss, claim or other damage, including but not limited to demands, suits, liabilities, causes of
action, damages, claims for bodily injury, death or damage to property, judgments, contractual liabilities,
including costs and expenses associated thereto which include but is not limited investigative and repair
costs, attorneys' fees and costs, consultants' fees and costs, and other expenses incurred by or asserted
against Contractor and arising out or related to the Owner's negligence or intentional acts during the
performance of Contractor's work.
3. Deed Restrictions. Owner shall have the responsibility to verify that the work to be performed
hereunder is in full compliance with any deed restrictions, declarations, or rules and regulations governing
the subject property. Owner shall be responsible for the payment of Homeowner Association ("HOA") or
Condominium Association ("COA"), fees incurred. Owner shall be responsible for obtaining any and all
requisite HOA and COA approvals for the completion of the work to be performed hereunder.
4. Government Inspections. Owner agrees to cooperate with Contractor and any local inspector to
inspect the subject property. Owner agrees to provide access to the subject property, including, any area
requested by the inspector. Owner agrees to pay for inspection related expenses, including but not limited
to, re -inspection fees, renewal fees and labor for inspections that are failed due to Owner's failing to
cooperate with the inspector or inspection process.
5. Authority. By agreeing to these terms and conditions, Owner agrees and acknowledges that Owner
has absolute and specific authority to order the described work by Contractor.
6. Payment; Default. Any invoice presented to Owner is due upon presentation with no grace period.
If the total invoice amount is not paid within thirty (30) days of presentation by Contractor, Contractor may
charge to Owner a default interest rate of eighteen percent (18%) per annum on the total amount of the past
due invoice.
7. Termination. If, through no act or fault of the Contractor, the work is suspended for a period of
more than thirty (30) days by Owner, or Owner substantially interferes with the Contractor's performance;
or Owner fails to make any payment within five (5) days after such payment is due; or Owner fails to pay
Contractor any sum approved by Owner within five (5) days of its approval and presentation, the Contractor
may, on seven (7) days written notice to Owner, terminate the Agreement and recover from the Owner
payment for all work completed to the date of such termination; in addition, Contractor shall be entitled to
a sum that would compensate the Contractor for its lost opportunity to obtain a reasonable profit on the
balance of the work. The parties agree that such sum shall be determined at the time of termination as a
sum equal to _10_ percent (_10_%) of the balance of the cost of work which has not been completed.
Contractor shall be entitled to lien rights secured by the subject property for all sums due to the Contractor
as may be allowed by the Florida Construction Lien Law.
8. Severability. In the event that a provision of these terms and conditions are held to be illegal or
unenforceable, the offending provision shall be severed, with the remaining portion of this agreement
continuing in full force and effect.
9. Governing Law; Venue. These terms and conditions shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action arising out of or related to these
2 of 4 pages
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
FrontLine Flood Defense
FU18100 Pioneer Road I Fort Myers, Florida 33908
7278078249 1 info@frontlineflood.com I https://frontlineflood.com/
terms and conditions shall be in the county where the work is performed.
10. Modification. No change, modification, termination, or attempted waiver of any of the provisions
of these terms and conditions shall be binding upon any party to this Agreement unless reduced to writing
and signed by the party or parties against whom enforcement is sought.
11. Force Majeure. If Contractor is unable to perform hereunder for reasons outside of Contractor's
control, including, but not limited to, acts by Owner, bad weather conditions, acts of God, or government
intervention, Owner will not be entitled to any refund hereunder. Contractor will complete performance
within such time as is reasonably practical.
12. Attorney's Fees. In the event of any legal proceedings arising from or relating to this Agreement,
including arbitration, litigation or other legal action, the prevailing party shall be entitled to recover its
costs, including reasonable attorneys' fees, from the non -prevailing party, including attorney's fees incurred
for appeal, post -judgment and bankruptcy proceedings.
13. LIMITATION ON LIABILITY. THE PARTIES AGREE AND ACKNOWLEDGE THAT
CONTRACTOR'S LIABILITY TO OWNERS UNDER THIS AGREEMENT SHALL NOT EXCEED
THE TOTAL AMOUNT PAID BY OWNERS PURSUANT TO THIS AGREEMENT. CONTRACTOR
SHALL NOT BE LIABLE TO OWNERS FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, DELAY, EXEMPLARY OR PUNITIVE DAMAGES ARISING UNDER OR IN
CONNECTION WITH A BREACH OR ALLEGED BREACH OF THIS AGREEMENT. HOWEVER,
NOTHING CONTAINED IN THIS SECTION 13 SHALL ELIMINATE OWNERS' LIABILITY TO
CONTRACTOR RESULTING FROM OWNER'S INTENTIONAL FRAUD OR GROSS OR WILLFUL
MISCONDUCT.
14. DISCLAIMER OF WARRANTY. OWNER ACKNOWLEDGES AND AGREES THAT
CONTRACTOR IS SOLELY A DISTRIBUTOR AND INSTALLER OF THE FLOOD BARRIERS AND
THAT CONTRACTOR INSTALLS THE FLOOD BARRIERS IN ACCORDANCE WITH THE
MANUFACTURER'S INSTRUCTIONS PROVIDED TO CONTRACTOR BY MANUFACTURER.
CONTRACTOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE PERFORMANCE AND EFFECTIVENESS OF THE FLOOD BARRIERS,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. OWNER HEREBY EXPRESSLY
WAIVES, RELEASES AND RELINQUISHES ANY AND ALL CLAIMS AGAINST CONTRACTOR
ARISING OUT OF OR RELATED TO THE PERFORMANCE AND EFFECTIVENESS OF THE
FLOOD BARRIERS, INCLUDING, WITHOUT LIMITATION, BREACH OF THE WARRANTIES OF
MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. OWNER
SHALL REFER TO THE FLOOD BARRIERS MANUFACTURER'S WARRANTY FOR ANY AND
ALL PRODUCT RELATED CONCERNS.
15. FLORIDA CONSTRUCTION LIEN WARNING. ACCORDING 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 PAID 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 CONTRACTOR 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.
3 of 4 pages
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
F FrontLine Flood Defense
18100 Pioneer Road I Fort Myers, Florida 33908
7278078249 1 Info@frontllneflood.com I https://frontlineflood.com/
Mar 07, 2026 04�-'f-. 4. ?' (kw
Date Client Signature
4 of 4 pages
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
RESOLUTION NO. 2022-32426
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM1 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: 79COE229-291A-49EA-8F2B-568042CO743A
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 2022
RAFAE E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Iz- I - 22
City Attorney gt�?- Date
day of _T)?CeM Ue e_2022.
DAN GELBER, MAYOR
i'b...
'•.14LCRP {CRATED
ENVIRONMENT & SUSTAINABILITY
DEPARTMENT
DATE:
5/12/2026
TO:
FROM:
Amy Knowles, CRO/Director
SUBJECT:
Private Property Adaptation Program — Grant Agreement
rcvuting:
Amy Knowles, CRO/Director
Maria Hernandez, Assistant City Manager
Eric Carpenter, City Manager
Rafael Granado, City Clerk x
For:
Information Only
Review and approval
X
Signature
Other Signature
Other
Comments:
Enclosed please find 1 grant agreement for LMI Private Property Adaptation (PPA)
participant:
• Noah Rice — 4331 Nautilus Dr, Miami Beach, FL 33140
These agreements are authorized under Resolution 2022-32426, which permits the
City Manager to execute grant agreements. Each agreement has been reviewed and
signed by the City Manager.
The grant agreement has been reviewed by the Environment & Sustainability
Department, form -approved by the City Attorney's Office, signed by the PPA grantee,
and approved by the Budget Department.
Return to:
Sabrina Battle, Ext. 26112
Date Needed:
Docusign Envelope ID: 79COE229-291A-49EA-8F2B-568042CO743A
MIAMSEACH
2025-CMB-PPA-2513 I Private Property Adaptation Program — 4331 Nautilus Dr, Miami Beach, FL 33140
Noah Rice
ENV & SUST
rtment Director Name & Signature ACM Name & Signature
Amy Knowles Maria Hernandez
D. One)
.614
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 —1 nter-govern mental 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 Noah Rice 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 use PPA funds to support the installation of temporary flood barriers designed to reduce
water intrusion and protect the property during flood events.
Funding Information
rant Funded: I Other:
st & Funding Source
T. 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.
Authority
ity Commission Approved: X Yes No
to Sign
Resolution No.: CC Agenda Item No.: 7C Meeting Date:
2022-32426 C7 C 12/14/2022
If no, explain why CC approval is not required:
egal Form Approved: X Yes No If no, explain below why form approval is not necessary:
Procurement:
Compliance Aprovalls
N/A
(see attached)
N/A
Budget:
g
"raKtl,lrs tNfe $fuvnrf
Technology:
�'
N/A
/
Risk Management:
N/A
r&Facilities:
N/A
Human Resources:
N/A
D.��sron.a er: si9nea ev:
Reviewed by: C�SSia
087A310FC90A485 19t 52EBADF57428