HomeMy WebLinkAboutPrivate Property Adaptation Program Grant Agreement between CMB & Sundial Condominium Inc.Docosign Envelope ID', 59274A5 AWE-842D-82C5 MFOEABUMB
2022— 3242c,
tvA1 1 MI BEACH
CITY OF MIAMI BEACH
PRIVATE PROPETY ADAPTATION PROGRAM
MATCHING GRANT AGREEMENT
GRANT PROJECT No.:
MAY 2 7 2026
This GRANT AGREEMENT (hereinafter the "Agreement') is made and entered into this
9 day of _ March , 2096_ by and between the City of Miami Beach,
Florida (hereinafter the "Gty'), and Sundial Condominium, Inc., a Florida not -for -profit
corporation, a City of Miami Beach resident (hereinafter the 'Grantee). This Agreement is
effective February 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:
SUNDIAL CONDOMINIUM, INC.
8420 Byron Ave
Miami Beach, FL, 33141
3058242855, SPECIALIZEDCORP@AOL.COM
8420 Byron Ave Miami Beach, Florida 33141
LOWER OF 50% OF VERIFIABLE
PROJECT COST OR $20.000
See Article II and Exhibit A hereto
See Exhibit B hereto
2/1/2026 — 5/17/2027
2J1/2027
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 O — Gram Reimbursement Request Form
Exhibit E —Alternate Project Categories
Exhibit F — Contractor Certification of Work Completed
Docusgn Envelope ID: 5924A50-A37E-842D-82C5-2AF0EMl4A88
Exhibit G — Owner Acknowledgement of Temporary Flood Barrier Responsibilities
Exhibit H — City's Affidavits and Certifications
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
WourewiliMil
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Rafael E. Granado, City Clerk
MAY 2 7 202t
Date
FOR GRANTEE.
ATTEST:
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Print Name
Date
City of Miami Beach, Florida
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Sundial Condominium, Inc.
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Pnnt Name
APPROVED AS TO
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City Attorney Date
Oowsign Envelope 0: 59276A APE- 2D82CS2AFOEABUAM
ARTICLE If I GRANTEE PROJECT PROPOSAL (CITY USE ONLY)
Proiect Scope Elialble for Prooram Funds
Costs eligible for cost share and reimbursement are limited to those flood risk mitigation activities
described below and in this Agreement. Other construction, renovation, beautification, and
demolition costs associated with the Project (as defined below) that do not directly relate to flood
mitigation will not be eligible for reimbursement. The Project must reach substantial completion
for the associated design and engineering costs to be eligible for reimbursement under the
program. In the event of any conflict between the terms set forth in this Article 11 and the terms set
forth in Exhibit A, attached hereto, the terms of this Article 11 shall govern and control.
The Private Property Program -related project scope is limited to the following flood mitigation
Improvement activities:
The repair and reinforcement of the existing seawall, along approximately g0 linear feet of the
existing canal facing seawall. Work includes demolition of the existing seawall cap as needed,
removal of four existing wood piles, installation of new concrete batter piles, installation of dprap
Tooter, and construction of a new reinforced concrete seawall cap and retaining wall to the
required elevation.
These improvements are intended to strengthen the seawall and reduce flood risk from storm
surge and tidal flooding. Only the flood mitigation activities described above and those outlined
in the grant agreement are eligible for cost share and reimbursement. This scope does not
include docks, decks, landscaping, or any work not directly related to seawall reinforcement.
Grantee must submit MONTHLY status updates to the City. In the first applicable report, the
Grantee must sign and submit the Final Project Scope as required under Article III, Section 4.
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ARTICLE IIIGRANTEE PROJECT PROPOSAL (CITY USE ONLY)
ReporGnd 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 15'" 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 and 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:
® 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)
Project Substantial Completion Date 2/112027
Estimated Proiect Cost $89,200.00
Estimated PPA Funds to be Expanded: $20,000
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ARTICLE III I GENERAL CONDITIONS
1. PARTIES, The parties to this Agreement are the Grantee listed in Article I, and the City,
a municipal corporation organized under the laws of the State of Florida. The City has delegated
the responsibility of administering this Grant to the City Manager or the City Manager's authorized
designee (the "Contract Administrator").
2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the flood resiliency
improvements at the Property (the -Project") as specifically described in Article It 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 altemate 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. Grantee acknowledges and agrees that the Grant under the Private Property
Adaptation program (the "Program") is a matching grant whereby the Grantee agrees to match
the Grant with an amount that is equal to or greater than the Grant amount using funds provided
by Grantee or another source. Grantee further acknowledges and agrees that the Grant shall be
paid on a reimbursement basis and Grantee shall be required to pay for the expenses of the
Project in full prior to receiving any Grant moneys from the City. Exhibit B (Project Budget),
attached hereto and incorporated herein, includes an estimate of the Project cost. At such rime
as Grantee has executed agreements with its design professional(s) and contractor, Grantee shall
submit a revised Project Budget which shall reflect all sources of funding for the Project: the sum
of such sources (including the Grant) must equal or exceed the Project Budget. If at any time the
Grantee anticipates that the total Project cost will exceed the Project Budget, Grantee shall
provide prompt written notice to the City which shall include. (a) a revised, detailed cost estimate
for the revised Project cost and (b) documentary evidence reasonably satisfactory to the City
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regarding Grantee's sources of funding for all costs in excess of the Project Budget. Grantee shall
be permitted to modify the Project Budget to increase any line items) 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 11 (each, a "Grantee Report'). Each Grantee Report shall
include (a) the most updodate 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 andlor 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, (a) photos of
the Project's progress before, during and after as work is completed, and (f) the Contractor
Certfication of Work Completed Template (attached hereto as Exhibit F). Upon finalizing the
Project scope with Grantee's selected contractor, Grantee shall request a final cost proposal or
agreement from the Contractor (the "Contractor Proposal"). The Contractor Proposal shall include
the final scope of work for the Project (the "Final Scope of Work") and an itemized breakdown of
all Project costs. The Final Scope of Work shall be prepared by the Contractor and submitted by
the Grantee as an attachment to the next applicable Grantee Report, in accordance with the
reporting schedule established under this Agreement. The Final Scope of Work shall include (1)
a detailed description of the work to be performed under the Project with all Rood mitigation
activities clearly identified and distinguished from any general or non -eligible work, (2) a clear
description of the nature and extent of all improvements proposed, which must correspond to the
Project as described in this Agreement. (3) an itemized breakdown of all major project
components, including individual costs associated with each line item, (4) the total Project cost,
(5) a payment schedule identifying all payment milestones associated with the progression of
work, including Items such as, deposits, commencement, progress intervals, and final completion,
and (6) the full legal name and contact information of the Contractor, the name of the Property
Owner, and the address of the Project site. In the event that any amendments are made during
construction that alter the original scope or budget, the Grantee shall submit an updated Final
Scope of Work reflecting such changes prior to submitting a request for reimbursement.
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In addition to the required reports, the City reserves the right to request additional reports and/or
information at any time. Upon the completion of the Project, Grantee shall submit a final report
('Project Completion Report") with a description of the completed Project. Grantee acknowledges
that Grantee's failure to submit reports to the City by the agreed upon deadlines may result in the
ineligibility of the Project and/or the termination of the Agreement by the City.
5. PROJECT TIMELINE AND SUBSTANTIAL COMPLETION, Grantee shall use
commercially reasonable best efforts to commerce Project -related construction activities within
one year of the Effective Date. Grantee acknowledges that failure to commence Project -related
construction activities within such one-year period may result in the termination of this Agreement
and rescission of the Grant; however, the Contract Administrator may extend the time for Initiating
Project construction in his/her sole discretion. Further, Grantee shall use commercially
reasonable best efforts to ensure the Project achieves Substantial Completion (as defined below)
on or before the Project Substantial Completion Date set forth in Article I.
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'archHect of record' orthe "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; andfor (3) such other documentation as the City's Contract
Administrator may reasonably request as evidence that the Project has achieved
Substantial Completion; and
(ii) If the Project (or portion thereof) entails the purchase of equipment, the date that
such equipment has been installed in accordance with all applicable manufacturer
instructions and building codes such that the Grantee will be able to use such equipment
for its intended purpose(s).
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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 requested. The City
reserves the right to accept or reject a Project extension request in its sole discretion.
6. REIMBURSEMENT REQUESTS: Prior to submitting a reimbursement request, Grantee
shall complete its registration as a City vendor on the City Vendor Sell Service website. Grantee
shall include its vendor ID number in the space provided on all reimbursement requests.
GRANTEE ACKNOWLEDGES THAT GRANTEE'S FAILURE TO INCLUDE ITS VENDOR ID
NUMBER, OR FAILURE TO REGISTER AS A CITY VENDOR IN A TIMELY MANNER, MAY
RESULT IN DELAYS IN PROCESSING GRANTEE'S REIMBURSEMENT REQUEST. The City
shall only reimburse the Grantee for expenses incurred in connection with the Project or, if
Grantee has obtained the City's prior written approval, an alternate project described in Exhibit E.
Reimbursement requests may be submitted to the City only after the Project achieves Substantial
Completion and Grantee has paid for all expenses of the Project. To initiate a reimbursement
request, Grantee shall submit the following documentation to the Contract Administrator: (a) the
Grant Reimbursement Request Form, attached hereto as Exhibit D, including the Grantee's
vendor ID number; (b) the Project Completion Report, attached hereto as Exhibit C, which must
include a brief written summary (2-3 sentences minimum) describing the completed Project: (c)
the Final Project Budget, attached hereto as Exhibit B, with a total amount that matches the sum
of all invoices submitted; (d) all Expenditure and Payment Documentation, including invoices and
receipts, with each invoice clearly detailing the specific scope of work completed under that
payment installment; (a) documentation confirming that Grantee's permit has been dosed or
finalized and that the final building inspection, along with any other required inspections, has been
successfully completed: (f) a notarized letter (or unswom declaration in compliance with Section
92.525(2) of the Florida Statutes) from the contractor confirming that the Project was completed
in accordance with the specifications outlined in the Contractor Proposal and plans submitted for
any applicable permits; (g) clear, high -quality photographs of the Project site before, during, and
after construction, with sufficient detail to confirm that the work was completed at the Property;
and (h) proof of active flood insurance covering the property for the duration of Grantee's
Participation in the Program. Grantee acknowledges that any delay in submitting complete and
accurate documentation may result in a delay in or denial of reimbursement. Provided that an
uncured default does not exist, and that Grantee is in Good Standing (as defined in Section 28
below) with the City and otherwise in compliance with the terms of this Agreement, the City shall
disburse the Grant within forty-five (45) calendar days of sending the Grantee written notice of
the City's receipt of an acceptable Reimbursement Request. For the avoidance of doubt, the
amount to be disbursed shall not in any event exceed the lower of (i) the Grant Amount set forth
in Article I or (ii) fifty percent (50%) of the final Project cost. The City shall have no obligation to
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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.
T. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be
used for any purpose unrelated to the Project Without limiting the foregoing, the following
expenditures are expressly prohibited. fences and gates; electrical wiring; landscaping lights;
boulders and landscape features; irrigation systems; monument signs; swimming pools; hurricane
windows and shutters; tree planting (except as permitted! in connection with a rain garden or other
approved flood mitigation project); harmonization projects; fountains; cosmetic or decorative lawn
items; remuneration of City employees for services rendered as part of a project funded by this
Grant; debt reduction unrelated to the Project; or lobbying or propaganda materials. Grants may
only be used for the City -approved flood resiliency and/or mitigation projects described in Exhibit
E.
8. GRANTEE SOLELY RESPONSIBLE FOR PROJECT EXPENSES AND COST
OVERRUNS: The Grantee shall be responsible for all work performed. Further, subject to the
City's obligation to disburse the Grant on a matching, reimbursement basis in accordance with
the terms of this Agreement, Grantee shall be solely liable for all expenses incurred in connection
with the Project. The Grantee may contract as necessary to complete the Project, including
entering into contracts with vendors for services and materials, provided, Grantee understands
that the City shall not be liable to any such vendors for any expenses or liabilities incurred
pursuant to any contracts or agreements the Grantee may enter into with such vendors. Without
limiting the generality of the foregoing, the City shall have no obligation to fund any amount in
excess of the Grant amount. Grantee shall be solely responsible for any Project cost in excess of
the Project Budget as required and necessary to complete the Project.
9. NO GUARANTEE OF FUNDING: The Grantee acknowledges that the receipt of this Grant
does rot imply a commitment on behalf of the City to continue or provide funding beyond the
terms specified in this Agreement.
10. PROGRAM MONITORING AND EVAt UATN)N- The City Manager or the City Managers
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 ancVQr 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
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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 years) 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 C4ty, and/or its authorized representatives, at the Grantee's offices during regular
business hours and upon reasonable notice. Furthermore, the City may, at as 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 Gty contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or on
behalf of the City.
B. The Office of the Inspector General Is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records, contracts
and transactions. In addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the
project is on time, within budget and in conformance with the contract documents and applicable
law_ The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect
and review operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its
officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance
with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract expenditures to fund
the activities and operations of the Office of Inspector General,
C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested
records and documents available to the Inspector General for inspection and copying. The
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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 Flies, worksheets, proposals and agreements from and with
successful subcontractors and suppliers, all project -related correspondence, memoranda,
instructions, financial documents, construction documents, (bidlproposal) and contract
documents, back -change documents, all documents and records which involve cash, trade or
volume discounts, Insurance proceeds, rebates, or dividends received, payroll and personnel
records and supporting documentation for the aforesaid documents and records.
E. The Grantee shall make available at all reasonable times the records, materials, and
other evidence regarding the acquisition (bid preparation) and performance of this contract, for
examination, audit, or reproduction, until three (3) years after final Payment under this contract or
for any longer period required by statute or by other clauses of this contract. In addition:
i. If this contract is completely or partially terminated, the Grantee shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.
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.
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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, Aabilifies, 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 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 the
broad nature of this indemnification and hold harmless 4ause, and voluntarily makes this
covenant and expressly acknowledges the receipt of good and valuable considerstion, provided
by the City in support of the obligation and in accordance with the laws of the State of Florida.
Nothing herein shall be construed to waive any of the City's rights set forth in Section 768.28.
Florida Statutes. Nothing contained in this Agreement shall be deemed a waiver of sovereign
immunity by the City. This Section 13 shall survive the expiration or earlier termination of this
Agreement.
14. INDEMNIFICATION BY CONTRACTORS AND CONSULTANTS: Any contract between
Grantee and any contractor or consultant shall provide that the contractor or consultant (as
applicable) shall defend, indemnify and save harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received or sustained by any person
or persons during or on account of any construction activities of contractor or consultant (as
applicable), or any of its subcontractors, subcensultents, 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, subconsukants, agents, servants, or employees
(excluding negligence of the City), in connection with the construction ecliviliaa 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,
subcorisultants, agents, servants oremployees, exceptto the extentanysuch 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
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contractor or consultant (as applicable) shall indemnify and save harmless City (a) against any
claims or liability arising from or based upon the violation of any City, Miami -Dade County, state
or federal laws, bylaws, ordinances or regulations by contractor, its subcontractors, agents,
servants or employees (excluding negligence of City); and (b) from all such claims and fees, and
from any and all suits and actions of every name and description that may be brought against City
on account of any claims, fees, royalties, or costs for any invention or patent, and from any and
all suits and actions that may be brought against City for the infringement of any and all patents
or patent rights claimed by any person, firm, or corporation. The contracts between Grantee and
any contractors and the architect's agreement between the Grantee and any consultant shall
provide that the contractors' and consultant's indemnification obligations to the City shall survive
the expiration or termination of such agreements.
15. ASSIGNMENT: The Grantee shall not be permitted to assign this Agreement or the Grant,
and any purported assignment will be void, and shall be treated as an event of default pursuant
to this Agreement.
16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all
applicable Federal, State, County and City laws, including but not limited to Miami -Dade County's
Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by
reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended,
which is incorporated herein by reference as if fully set forth herein. Grantee acknowledges that
nothing in this Agreement shall relieve the Grantee of its obligation to comply with all City, County,
and State laws, code and/or ordinances, Including any obligation to secure the necessary permits
for the Project.
A. Legal Non -Conforming Buildings or Structures: Previously constructed buildings
or structures that do not conform to the current requirements of the City's land development
regulations (such as converted garages, impervious surfaces/paved areas, patios, etc) may only
be eligible for Program funding if Grantee provides records to the City evidencing the City's prior
approval of the existing Improvements, including building permits, as well as any permits or
approvals issued by other regulatory departments or agencies where applicable. Any delay in
Grantee's production of the records referenced in this Section 16(a) may result in a delay in Grant
reimbursements
17. DEFAULT/TERMINATION PROVISIONS: 6 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
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ntee Initials: lI
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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 (a) 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 i s sole and absolute
discretion, to terminate this Agreement and cancel the Grant d it is not satisfied with the progress
of the Project or the content of any required written report.
18. INSURANCE REQUIREMENTS: At Grantee's sole cost and expense, Grantee shall
maintain throughout the Term of this Grant, and provide proof of, an active flood insurance policy.
Grantee shall also maintain (and shall require its design professionals and contractors to
maintain) such other insurance coverages as Grantee shall determine in the Grantee's sole
discretion.
19. FLORIDA PUBLIC RECORDS LAW
A. Grantee shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
B. The term "public records' shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
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Grantee Initials: L
Dmusign Envelope ID5WUA5 X17E842D-82CS2AFOEABUA88
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 Xa), the Grantee shall,
i. Keep and maintain public records required by the City to perform the service;
it. 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,
iil. 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
electronicatly must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the request,
and the Grantee must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
ii. Grantee's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may- (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement, and/or (3) avail itself of any available remedies at law or in equity.
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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 8me: 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 (ixb) 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 mall, with postage or shipping paid by the sender and with evidence of
delivery, which may be in an electronic format.
W. A Grantee who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
F.IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(&MIAMISEACHFL.GOV
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Grantee Initials: �_�_
Dmusign Envelope ID59274A ARE- 2D-82C5-2AFOEABl4 18
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
MBRisinoAhoveD..miamlbeachfl.aov
Amy Knowles, Chief Resilience ORoer
AmvKnowlesarriiamibeachfl, gov
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, Florida, if in State court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
23. NO WAIVER: No waiver of any breach or failure to enforce any of the terms,
covenants, conditions or other provisions of this Agreement by either party at any time shall in
any way affect, limit, modify or waive either party's right thereafter to enforce or compel strict
compliance with every tern, covenant, condition or other provision hereof.
24. RELATIONSHIP OF THE PARTIES: It is expressly understood and intended that the
Grantee, as the recipient of Grant funds, is not an officer, employee or agent of the City, the City
Commission, nor the City department(s) administering the Grant or the Grant Award. Further, for
purposes of this Agreement, the Project or activity, the parties hereto agree that the Grantee, its
officers, agents and employees are independent contractors and solely responsible for the
Project. The Grantee shall take all actions as maybe necessary to ensure "tits officers, agents,
employees, assignees and/or subcontractors shall not act as, nor give the appearance that they
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Docusign Envelope ID: 59274MMWE- 2D42C5-2 FOEABUMB
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 Parry, 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.
2& NO THIRD -PARTY BENEFICIARY RIGHTS The terms of this Agreement inure to the
benefit of only those Parties named herein. This Agreement is not intended to and shall not be
construed to give any third party any Interest or rights, including without limitation third party
beneficiary rights, with respect to or In connection with any agreement or provision contained
herein or contemplated hereby.
26. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are
for convenience of reference only and should not be deemed or construed as in any way limiting
or extending the language or provisions to which such captions may refer.
27. CONTRACT REPRESENTS TOTAL AGREEMENT: OPPORTUNITY TO REVIEW:
This contract, Including its special conditions and exhibits, represents the whole and total
agreement of the parties. No representations, except those contained within this Agreement and
its attachments, are to be considered in construing its terms. No modifications or amendments to
this Agreement shall be valid unless made in writing and signed by both parties. Notwithstanding
the foregoing, the City may, at its sole discretion, amend or revise the form or requirements of the
exhibits to this Agreement from time to time. Upon such revision, the City may require the Grantee
to use the updated exhibit form, which shall be deemed automatically incorporated into this
Agreement and shall replace any prior version of the respective exhibit. For example, if the City
revises Exhibit A and directs the Grantee to utilize the revised version, the updated Exhibit A shall
supersede and replace the original Exhibit A in its entirety. The City Manager, on behalf of the
City, shall be authorized to execute amendments to this Agreement; however, any changes to the
Grant Amount shall require approval by the Mayor and City Commission. Grantee represents and
warrants that Grantee has reviewed the terms and conditlons 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").
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Grantee Initials:
Dmusi,,n Envelope ID: 59274A50-A31E4l42682C62AF9 14AW
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 fiv) 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, not, 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.
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 Tor 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
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Grantee Initials:
Docusign Envelope ID: 59274MO-A37E4862D-82C&2AFOEABUM8
the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42
of the United States Code, beginning at Section 2000e, prohibiting employment discrimination
based on race, color, religion, sex and national origin.
B. The Grantee hereby agrees that, to the extent applicable, it will comply with City
Of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be
amended from time to time, prohibiting discrimination in employment (including independent
contractors), housing and public accommodations, public services and in connection with its
membership or policies on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, heir 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 IlAWS: Grantee
agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time,
and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance
with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of
which is attached hereto as Exhibit 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(2)(a) of the City Code, Grantee hereby certifies that Grantee is not currently engaged in.
and for the duration of the Agreement, will not engage in a boycott of Israel.
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,
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Grantee Initials: L
Docusign Envelope ID: 5927Y K17E-842D 12C5-2AFOEABI4ABB
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code shall not aooly to the following:
A. Any individual or entity that provides goods to a candidate for office.
B. Any individual or entity that provides services to a candidate for office If those same
services are regularly performed by the individual or entity in the ordinary course of business for
clients or customers other than candidates for office. This includes, without limitation, banks,
telephone or Internet service providers, printing companies, event venues, restaurants, caterers,
transportation providers, and office supply vendors.
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 INDIVIDUAUS 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 (Pit), 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 concem (each a *Prohibited Entity'). A foreign country
of concern is defined in Section 287.138 (1Kc), Florida Statutes, as may be amended from time
to lime, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of
Nicolas Madura, 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 Entitles 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 Cade, 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.
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Grantee Initials:_
Docusign Envelope ID: 59274A50-A37E-842D-82C5- AF0EAB14A88
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 15 INTENTIONALLY LEFT BLANK]
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EXHIBIT A ! GRANTEE PROJECT PROPOSAL
GRANTEE NAME: Jackeline Figuera, on behalf of Sundial Condominium, Inc.
GRANTEE ADDRESS: 8420 BYRON AVE, MIAMI BEACH, FLORIDA 33141 US
FLOOD RISK MITIGATION APPROACH SELECTED (Select all that al,
❑ Report Alternative A ❑ Report Alternative B ❑ Report Alternative C fR Other
DESCRIBE PROJECT(S) TO BE CONDUCTED INCLUDING LOCATION ON PROPERTY
AND APPROXIMATE SIZE:
The project consists of seawall repair and reinforcement along approximately 90linear feet of waterfront
at 8420 Byron Avenue, Miami Beach, FL. Work includes demolition and disposal of the existing seawall cap
as necessary and removal of four existing wood piles- The selected scope (Option 2 — Seawall Reinforcement)
includes consulting, engineering, and permit processing with project drawings and calculations for the seawall;
installation of ten (10) new 12" x 12" concrete batter piles; installation of two rows of nprap bags as tooter and
forming and pouring in place a new continuous reinforced seawall cap measuring appproximatelyy
90' long x 20' deep x 36" wide, with a 24" deep x 8" wide retaining wall to elevation T-3" NGVD.
Wode will occur along the existing seawall on the canal -facing side of the Sundial Condominium property.
Expected Break -Ground Date (Approx.): May 2026
Expected Protect End Date (Approx.). Feb 2027
Expected Miami Beach Permits building
Other Expected Permits: demr
Estimated Protect Cost $89.200
Estimated PPA Funds to be Expended ($20,000. DO Max: 50% of Project Cost Max): $20,000
Contractors and Other Professional Partners
Company
Description/Responsibilities
Quote (attach)
Contact Info
Shore Construction, Inc.
Marine contractor providing consulting,
engineering, perms prooiAi g,
demoleion, baser piles ri rep (Doter, and
seawall caaretaini g walPmnstrutllDn
$89,2000
. M. c
�'o °sintsas emex�„ �
Grantee Initials: I.0
Dowsign Envelope ID: 59274A50-AWE-B52D-e2CS2 FOF B14Aae
EXHIBIT B
GRANTEE NAME: Jackeline Flguera, on behalf of Sundial Condominium, Inc.
GRANTEE ADDRESS: 8420 Byron Avenue 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.
BudW Line Mom
Description of Expenses:
Expwbrl
Cost
Labor Costs:
Demolition labor; installation of 10 concrete
batter plies: forming and pouting
$s&Ooo.co
reinforced seawall cap; installation of
nprap footer
Design and Architecture:
Engineering, drawings, calculations, and
consulting for seawall reinforcement
$77110.00
Permits:
Na
Pernit processirg (City+County
exemptla+consulwgI
PermGud s fees not med In contracts proposal.
Materiala/Supplies:
concrete 's fornponennb bags' fomrwork metarials,
$2$200.00
niatuml
Equipment RentaliPurchase:
Heavy equlprrlent, mactunery, and =is required for
wchdo In 4o114B w
ON
tleand0dion and seawall construction
Insurance Costs:
connecter insurance (Included In proposal)
1,,claded
OMer.
TOTAL:
see,2a0.00
Grantee Ldtiels: Lc
Docusgn Envelope ID: 59214A50 "7&842D-WC5- AFOF B14A88
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 platform the
Grantee utilized to submit their application to the Program. A standardized, fillable reporting
torn 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 m 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 Submiltable 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
hftps://www.submiftable.comlsign-in
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EXHIBIT D
GRANT REIMBURSEMENT REQUEST FORM
An updated Project Budget (Exhibit B) and Status Report (Exhibit C) must be attached to this form to
receive payment. Please include all associated Expenditure and Payment Documentation (as defined
in Section 6), including itemized bills from the contractor and photo documentation of the work
completed. Grantee shall ensure that the total expenditures submitted in this Exhibit D accurately
reflect the sum of all submitted invoiced. The Grantee acknowledges that (1) for reimbursement to be
processed, all submitted proofs of payment must match the total of submitted invoices and (2) only
Project costs that are directly related to flood mitigation, in the City's sole discretion, are reimbursable.
City reserves the right to request, and Grantee shall promptly provide, any additional information City
deems necessary to process a Grantee reimbursement.
PPA Funds Requested:
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. 1 further warrant and
represent that these expenses have not been, and wilt 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
City of Miami Beach
Request Reviewed By:
Signatum/Date
SigneturelDete -- -_
D uslgn Envelope ID: 59274A5 A37&&421)412C5-2 FOF B14AN
EXHIBIT E
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. I. Building Elevation
A.2. Dry Floodprpofing
A.3 Electrical and Life Safety Flood Protection
Mechanical Systems Flood Protection
A.4. Temporary Flood Barriers for Openings
A.S. Sanitary Sewer Backflow Prevention
B. Category B shall include improvements to the building envelope for non -habitable
spaces for any flood type. In order of most effective to least effective, unless otherwise
demonstrated by the design professional, project types in Category B include,
B.1. Building Elevation
B.2. Dry Floodproofing and Crawlspace Improvements
B.3. Temporary Flood Barriers for Openings
B.4. Wet Floodproofing
8.5. 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:
0.1. Permeable Concrete Pavers or Green Roofs
Rain Barrels and Cisterns
French Drains
Rain Gardens
E. Category E shall include Seawall Improvements.
Docusign Envelope ID: 59274M5 3ME 21D-82CS2AFOEABUAB8
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:
By
Print NarnaMfle
State of
County of
The foregoing instrument was acknowledged before me by means of O physical presence or ❑
online notarization, this _ by known to me
to be the person described herein, or who produced as
identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
My commission expires:
Dmusign Envelops ID: 59274A5 A37&8,120-82C5-2AFOE 1114AN
EXHIBIT G
OWNER ACKNOWLEDGEMENT OF TEMPORARY 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 barriers.
Property InformationOwner
• Property OOwner NamHs): .�
hereinafter referred to aa� wr progeny oer."
• Property Address: 8 Y2 o y ✓u4 U✓l- HPN , grc 54r FL ',V14(
Acknowledgement Statements
By signing below, the property owner affirms understanding and acceptance of the following:
1. Residual Risk. Temporary flood barriers may be overtopped or fail If improperly installed
or maintained. They do not eliminate flood risk.
Z 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 property 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 structure[
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.
Sigrature and Notarlxation
Docusign Envelope ID59274A5 7E8620-82CS2AFOFABUA88
I, the undersigned, acknowledge and acre the above responsibilities and conditions.
Property Owner Signature: h
Name of Pr perty Owner:
Date:
Property Owner Signature: _
Name of Property Owner:
Date:
State of -F10 r • d CG
County of Ml 04n'\, —I, —'—' 2
The foregoing Instrument was aek"ged before me { y means of Y9 iystal presence or ❑
online notarization, I (J`1 day of A r,l 202� by
( C, mC.,) known to
me to be the person(s) described herein, or who produced
as identification, and who did/did not take an oath,
My commission expires:
1 1 W[ tMW r9
Mar t j ynelk-amnrana
c+.rlwlae kk etesn
--' ry Calm. rrokn Jue+.toil
Page 31
Grantee Initials:
D sign Envelope ID: 59274A50-A87E- 210-82CS2AFOEA814Ae8
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 Cf-'-'
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 (I)
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 concem; (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 concem.
SECTION 3 - CERTIFICATION OF COMPLIANCE VVI I H
ANTIDISCRIMINATION AND ANTI -BOYCOTT REQUIREMENTS
Initials (J_(4
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 2-376.1 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 32
Grantee Initials:
r usign Envelops ID 59276A50-AVE- 21)-82CS2AFOEABMA88
Initials (ILJ
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 33
Grantee Initials ��__
D usign Envelope ID: 59274A50-AWE-842D-82GS2AFOEABUA88
SIGNATURE r NOTARIZATION
BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS
AND CERTIFICATIONS IN SECTIONS 14 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:
WSundialdominium, Inc., a Florida not -for -profit corporation.
SrgWueo of Authorized Representative (Address)
NemelTitie: President
State Of T to f r (JCi
Countyof Un m Uc4-
The foregoing instrument was ackno edged before me b means t �hysical presence or ❑
online notarization. this 0day of -Q�. pp` 202� by
Ismail Cordoba as Pr of Sundial
Condominium, Inc., a Flo fiQa not-fr--profit corporation, known to me to be the person described
herein, or who produced Y' L YJ L as identification, and who dididid
not take an oath.
NOJARY PUBLIC:
4ftnatureyv
.�S'�-FCnrl� �!7n✓1 C Q
(Flint Name)
My commission expires. .......
F ESrFigrrfNBW
Marry Puplk Surt arxKce
.J [amn�wanr8k f!!s)i
D usign Enloe ID. 59274M5 A37E-842D-82C5-2AFOEABMA88
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
D..usi, Envelope ID:
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 I day of DrOCmUe,-2022.
ATTEST:
DEC 16 2022
RAFAE E. GRANADO, CITY CLERK DAN GELBER, MAYOR
APPROVED AS TO
6..
asp.-'-. qd'•.
FORM & LANGUAGE
j--y _?*•,
&FOR EXECUTION.
i, ilacoFr?aapitu
City Attorney.'' Date
Docusign Envelope ID: 59224A50-A32E-842D-82C62AFDEAB14A88
MIAMIBEACH
Contract No. Title
2025-CMB-PPA-2518 Private Property Adaptation Program- U20 Byron Aye, Miami Beach, FL 33141
Sundial Condominium, Inc. ENV & SUST a
Knowles yrm„rGc I Maria Hernandez
Type 1-Contract, amendment, change order or task order resulting from a prowrement-issued competitive m ichal
Type 2 -Other contract, amendment, change order or task order not resulting from a procurement issued competitive ventilation.
Type 3- independent Contractor AgreementpG)
Type 6-Tenant Agreement
Typed - Grant agreements with the [icy as the recipient
Type] -Inter -governmental agency agreement
%
Type 5- Grant agreements with the City as the grantor
Other:
This is a grant being awarded to multiple grantees. This specific farm pertains to Sundial Condominium, Inc. as part of the
Miami Beach Private Property Adaptation Program. The grants are made possible through Resolution No. 2020-31504, which
created anew "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)
Funding Informal
Grant Funded : Ves I % I No 1 State 1 Federal Other:
Year Annual Cost Ai
1 $20,WID 1 112-0830-000343-36-402-518-Ol 00-66221
Require Enhancement
Yes
% No
2
Ves
No
3
Yes
No
4
Yes
No
5
Yes
NO
1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed.
3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
ity Commission Approved: % Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32426 C2C 12/14/2022
If no, explain why CC approval is not required
gal Farm Approved: % I Yes No I If no, explain below why form approval is not necessary:
Procurement:
Compliance Approvals
N/A
Isee attached)
Grants:
N/A
Budget:
t7Z dde $hwwf
Information Technology:
N/A
Risk Management:
N/A
Fleet & Facilities:
N/A
Human Resources:
N/A
Other:
am.a.aw.
Reviewed by:
ENVIRONMENT & SUSTAINABILITY
DEPARTMENT
DATE:
5/27/2026
TO:
Rafael Granado, City Clerk
FROM:
Amy Knowles, a t ~�
SUBJECT:
Private Property Adaptation Program —Grant
Agreement(s) ra J
Routing:
Amy Knowles, CRO/Director
Maria Hernandez, Assistant City Manager
Eric Carpenter, City Manager
Rafael Granada, City Clerk x
For:
Information Only
Review and approval
x Signature
Other Signature
Other
Comments:
Enclosed please find 3 grant ogreement for LML Private Property
participant:
• Sundial Condominium
• Alvaro Nores
• Andre Hass
These agreements are authorized under Resolution 1021-32426, 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 & Sustainobility
Department, form -approved by the City Attorney's Once, signed by the PPA grantee,
and approved by the Budget Department.
Return to:
Sabrina 6atlle, Ext. 26112
Needed: